21-843ORDINANCE NO. 21-843
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE 212.172 NON-
ANNEXATION AGREEMENTS FOR PROPERTIES THAT DO NOT HAVE AN
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND AD VALOREM TAX
EXEMPTION WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED
AS PAA-4, AN AREA OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH
SIDE OF MILAM ROAD, NORTH OF LOOP 288, EAST OF 1-35; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan, and the City desires to pursue annexation of PAA-4, as hereinafter described; and
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had
previously given notice of its intent to institute annexation proceedings in 2010, 2015, and again
in 2016 for property located in PAA-4, which was and is subject to the provisions of Sec. 43.016
of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners
within PAA-4 non-annexation development agreements, as then contemplated by former Section
43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said agreements in lieu of the City’s
annexation in 2015 and 2016; and
WHEREAS, under a non-annexation development agreement between an eligible
property owner and the City, the land subject to the agreement retains its extraterritorial status
and the owners of such land must abide by the City’s development regulations as if such land
were within the City limits, as provided further in such agreement; and
WHEREAS, the City Council has offered to extend the term of the non-annexation
development agreement for an additional twenty (20) years to all eligible property owners within
PAA-4; and
WHEREAS, the Denton County Appraisal District records show that some properties that
formerly entered non-annexation development agreements with the City are not currently
appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus not
eligible to receive a Ch. 43 non-annexation development agreement; and
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber
land ad valorem tax exemption, the City desires to allow the properties that formerly had a non-
annexation development agreement with the City to remain in the City’s extratenitorial
jurisdiction in accordance to the similar terms and conditions that are contained in a Ch. 43 non-
annexation development agreement; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement for purposes of retaining land in the extratemitorial
jurisdiction in exchange for the property owner’s covenant not to develop the property and to
authorize the municipality to apply its regulations and development authority not inconsistent
with agricultural use; and
WHEREAS, for all intents and purposes, a 212.172 non-annexation development
agreement is very similar to a Ch. 43 non-annexation development agreement, except that a
212.172 non-annexation development agreement does not require the Property to possess a valid
agricultural, wildlife management or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow such properties to remain in the City’s
extratenitorial jurisdiction for a term of twenty (20) years through a 212.172 non-annexation
development agreement, which agreement amends and extends the term of the prior Ch. 43 non-
annexation development agreements previously executed by the parties; and
WHEREAS, upon expiration of the 212.172 non-annexation development agreement, the
owners shall be deemed to have filed a petition for voluntary annexation, pursuant to Subch. C-3
of Ch. 43 of the Tex. Loc. Gov’t Code; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the
City of Denton to enter into such 212.172 non-annexation development agreement with eligible
property owners who timely submitted 212.172 non-annexation development agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as PAA-4, is described in Exhibit “A”, attached hereto and
incorporated herein, and depicted in Exhibit “B,” attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, “A“ shall control).
SECTION 3. Certain 212.172 non-annexation development agreement relating to
eligible properties within that parcel identified as PAA-4, which have been properly executed by
the owners of those properties, are hereby approved by the City of Denton and are attached
hereto and incorporated herein by reference as Exhibit “C”.
SECTION 4. The City Manager is authorized and directed to sign the non-annexation
agreements contained within Exhibit “C” for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council’s action on same. The City Manager shall further
arrange forthwith for the recordation of non-annexation agreements in the real property records
of Denton County, Texas.
SECTION 5. In the event the City Council does not annex that parcel identified as PAA-
4, the City Manager is authorized to rescind the City’s action accepting said non-annexation
Page 2
agreements within six months of the effective date of this Ordinance should any property owners
subject to the agreements so desire.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 7. This Ordinance shall take effect immediately on its passage.
The alotion to approve this ordinance was made by _J..E
by \)a) - n\ th, (\$-Be , the ordi;lance was passed and approved by thefollowing vote L-a :
and seconded
Aye
Z
./
Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker. District 2:Z
Z
a
V/’
/
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzu, At Large Place 6:
PASSED AND APPROVED this the cItb day of NIKI _, 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RiOS, CITY SECRETARY
AUt 111111
.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by
d-Lnk=)?;,l;}BY:
Page 3
EXHEBrr “A”
Anaeration Tract PAA4
BEGINNiNG at poM in the present Denton city limit line as abbUshd by Ordhwroe 2CX)8'137; said pint being
aorOrwest corner of the annexation tract described therein and also lying on the south righto&way line ofF.M. 3163
{&Glam Road) 2008-137;
THENCE south OI'08'35'’ West eontinuhg along the pranK Denton city limit line established by OrdInance 2008.
137 a distance of 2,996.05 feet to point for corner, said point being the $outhwwt corner of the annexation tract
described therein;
THENCE South 89'10’OO'’ East Continuing 8long the presart Denton city limit line wtablirhod by Ordinance 2008.
137 a distance of 2,457.02 feet to point for earner, said point being the most rtortlwtly shouthwat comer of a City of
Denton annexation tract established and described by Ordinance 2CXi7.CY77 (Tract 1);
THENCE South 88'54’04” East continuing along the presalt Denton city limit line established by Ordinance 2007.
077 (TInt 1) a di8tanac of 197.47 feet to a point for a corner;
THENCE south 02'28'S5” East continuing along the present Denton city limit line established by Ordinance 2007-
tY77 (Tract I) a distance of 965.89 feet to a point for a corner;
THENCE South O1'’00’33” East continuing along the present Denton city limit line established by Ordinance 2007-
077 (Tract 1) a distance of 539.43 feet to a point for a corrm;
THENCE South OO' CK’ t 2” West continuing along the present Donna city limit line established by Ordinance 2007-
077 (Tract 1) a di5taace of 2,649.30 feet to a point for a corner;
THENCE South OO'26’ 12” West continuing along the present Denton oily limit line ®t&blished by Ordinance 2007-
077 (Tract ]} a distance of 668.18 feet to a point for a corner, said lxrint king a southwest corner of said Ordinance
2007.077 ("Tract 1) annexation tract and lying on the north line of a City of Den&>n annexation tract established by
Ordinance 1985.151 ;
THENCE North BPI! ’35” Wwt continuing along the present Denton city limit line estabIIshed by O$dinance 1985.
151 adi5tance of 575 feet to a point for corner, said point being the nonhwat comer of said OrdInance 1985-151
annexation tract and also being the northeast corner of a City of Denton annexation tract estabIIshed by Ordinance
20074177 (Tract 2);
THENCE North 89'’32’4” Wwt continuIng along the present Denton city limit line established by Ordinance 2007-
077 ("Tract 2) a distance of 2,128,41 feet to a point for a corner;
THENCE South 00'03'28” West contInuIng along the present Denton city IImit line establ.ished by Ordinance 2007-
077 (Tract 2) a distance of 26.07 feet to a poInt for a oornec
THENCE North 8P32'32” Wwt continuing along the pr®en{ Dental city limit line established by Ordinance 2007.
tril (Tract 2) a distan@ of 972.02 feet to a point for a oarncr;
THENCE South O1'3S’23'’ West conUnuing along the present Denton city limit line ut8bHshed by Ordinanoe 2007-
077 (Trut 2) a distance of 1,003.38 feet to a point for a corneB
THENCE South 01'34’05” West oontinuing along the present Denton city limit line ostabli6hod by OrdInance 2CX)7•'
077 {Tract 2) a distance of 932.20 feet to a point for a corner;
THENCE South 88'29’ 12" East continuing along the prwent Denton city limit line established by Ordinance 2CXi7-
077 (Tract 2) a distance of 1,541.a feet to a point for a corneR
THENCE 00a56’25" West continuing along the pre&ent Denton city limit line established by Ordinance 2007-077
(Tract 2) a distance of 185.30 feet to a poInt for a wnba;
THENCE South 88'09'02” East continuing along the pruut Denton city limit line egtablished by Ordinance 2007-
tIll (Tract 2) a distance of 498.78 feet to a point for a corner, said point being a southeast corner of said Ordinance
20074Y77 (Tract 2) annexation tract and also lying on a west line of a City of Denton annexation tract established by
Ordh8nce 2002.257;
THENCE South 01'CH’36” West gondnuiag along the present Denton city limit line established by OrdInance 2CX)2-
257 a distance of 6 feet to a point for a oorner;
THENCE North 88'3 1 ’42” West continuing along the ptweat Denton city limit line cgtabli shed by Ordinance 2(X)2n
257 a distance of 624.97 feet to a poInt Rx a corner;
THENCE South 02a02’28" West continuIng along the ptBsent Dalton city limit line established by Ordinance 2002.
257 8 distance of 40 feet to a point for a comet, said point being the northwest corner of a City of Denton annexatIon
emt %tablished by OMinanw 20074377 (Tract 3);
THENCE South 00'23’W’ West continuing along the presatt Dalton ciV limit line established by Ordinanoe 2CX>7.
077 (Tract 3) a distance of 1,765.70 feet to a point for a con% said point being the southwest comer said 2007.077
(Trad 3) urnexation tract and also being on the east right.of-way line of BonnIe Brae Road and being the northwat
corner of a City ofDeaton annexation tract established by Ordinance 1980426;
THENCE South 00' 12'13” West continuing along the prneat Denton cIty limit line established by Ordinance 1980-
23 a distance of 450 feet to a point for a corner, said point being the northeast corner of a CIty of Denton annexation
tract atabljghed by Ordinance 19824;
THENCE North 89'04’24” Wat continuing along the pranK Denton ciO, limit line established by Ordinan® 1982'•
4adlstan® of 1,791.93 feet to a point for a cornec
THENCE North 58'’21’24” West continuing along the present Dmtm city limit line mtablished by Ordinance 1982-
4 a distance of 926 Bet to a point for a colne, said point being the southeast corner of a City of Denton annexation
tract established by Ordinance 19866;
THENCE North 00'25’59’ East continuing along the present Denton city limit line established by Ordinance 1986.
6 a distance of 1,845.44 feet b a point for a corner;
THENCE North m’22’28” East continuing along the present Denton city limit line whblished by Ordinance 198&
6 a distance of 506.6 feet to a point for a corner;
THENCE South 8P27’00” East continuing along the present Denton city limit line established by Ordinance 198&
6 a distance of 1,033.4 feet to a point for a corner;
THENCE North OO'22l27” East continuing along the present Denton city limit line established by OnIin aneo 198&
6 a distance of 564. 1 1 feet to a point for a eornoc
THENCE North 89'3 1'39” West continuing along the present Denton city IImit line established by Ordinance 198&
6 a distance of 2,485.31 feet to a point for a oorna, said point being the northeast corner of a City of Den’tcm
annexation tract established by Ordinance 1998.224;
PAA4 Boundary EXHIBIT B
AVAD
PAA4 Boundary
Centerline
Parcels
0 375 750 ,500Feet
iiFMfta:i
Development Services . GIS
notandmapsmakes every effort toof this statement.or itsthe data
Date: 8/6/2020
EXHIBIT C
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION A(,REEMENT
This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA“), entered into
on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and ELVA JEAN
CALDWELL (“Owners”), the property owners of the hereinafter described property (the “Property”) in
Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties“):
Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150,
Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor’s
Lien dated April 26, 1965 from David Mulkey to Jerry C. Caldwell, filed for record on May 10, 1965
and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said
3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37451.
RECITALS
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property, which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners within
PAA4 non-annexation development agreements (“Ch. 43 NAAs”), as then contemplated by former
Section 43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said NAAs in lieu of the City’s annexation in
2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, the Property is located within PAA4, and since 2010 the Property has held a valid
Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc.
Gov’t Code, and subsequently extended in 2015 and 2016; and
WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and
WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43
NAAs for an additional twenty (20) years to all eligible property owners within PAA4; and
WHEREAS, the Denton County Appraisal District records show that the Property is not
currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus is not eligible to
receive a Ch. 43 NAA; and
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land
ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the
extraterritorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained
in a Ch. 43 NAA; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in
1
exchange for the property owner’s covenant not to develop the property and to authorize the municipality
to apply its regulations and development authority not inconsistent with agricultural use; and
WHEREAS, for all intents and purposes, a 212. 172 NAA is very similar to a Ch. 43 NAA, except
that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management
or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a
term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of
the Ch. 43 NAA and Extended Ch. 43 NAA, previously executed by the Parties for all purposes, until
such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 212.172 NAA, as set
forth herein, and Owners represent that it is their intention not to develop the Property during the term
of this Agreement; and
WHEREAS, the Parties agree that this 212.172 NAA is entered into pursuant to Section 212.172
of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ
and the procedures of the City; and
WHEREAS, upon expiration of the 212.172 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached hereto as
Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is binding
upon the City and the Owners and their respective successors and assigns for the term of the Agreement;
and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County,
Texas 9
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement,
as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject,
however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property for the
term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties shall be
limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot
smaller than five (5) acres, unless the lot was created prior to the date of this Agreement. The property
owner may apply to the City for division of the land subject to this Agreement into parcels, each of
which is at least five (5) acres in size, for the purposes set forth in this section without being in violation
of this Agreement. Such uses and activities constitute the development plan for the Property (the
“Development Plan“) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code.
2
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be amended
from time to time during the term of this Agreement, as hereinafter defined, provided that the application
of such regulations does not result in interference with the use of the land for agricultural, wildlife
management or forestry-related residential dwellings and accessory uses and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which remains lawful
at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code, as amended pursuant to the
Denton Plan 2030, as amended, including but not limited to the Residential Rural (RR)
Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton Development
Code, as amended, together with applicable Design Criteria Manuals, Denton Mobility Plan,
and other approved Master Plans of the City of Denton, Texas, as amended, and the most
recent North Central Texas Council of Governments Standard Specifications for Public
Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters 17,
28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development
Code, as amended, along with local amendments, as amended, and more particularly set forth
as follows:
a.
b.
C.
d.
e.
f
g.
h.
1.
J.
k.
1.
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition, with regional amendments;
National Electric Code, 2011 Edition, with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-141
196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended,
and Subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Water
and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as
amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
3
(6) Applicable flood protection, drainage and related standards, as contained within Chapter 30
of the Denton Code, as amended, subchapters 7 and 8 of the Denton Development Code, as
amended, the Denton Stormwater Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as
amended, applicable administrative standards of the Texas Commission on Environmental
Quality, as amended, and applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained within Subchapters 2 and
6 of the Denton Development Code, as amended and as applicable, and as supplemented by
requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 25 1 of the Tex.
Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period
of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of
the Property, whichever first occurs. The Parties covenant and agree that the City may deny any
development application or plan of development that is submitted to the City for the Property during
such period if such application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might arise under Chapter 245 of the Tex. Loc. Gov’t Code, local or state
law, or by common law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent with the
Development Plan shall be considered established or in existence prior to the expiration of the 180-day
period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service Plan.
(A) if an Owner files any application or plan of development for or otherwise commences
development of any portion of the Property inconsistent with the Development Plan provided in Section
2, then Sections 1 and 3 of this Agreement shall become null and void, and remedy provisions of Section
5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION
TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR
VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. C-3 OF CH. 43 OF
THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION
AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION
IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC
212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S
LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A” BY SIGNING
THIS AGREEMENT AND OWNER AGREES THAT THE 212.172 NAA SERVES AS THE
WRITTEN AGREEMENT REGARDING SERVICES. PURSUANT TO SEC. 43.0672 OF THE TEX
LOC. GOV’T CODE. IN THE EVENT THAT THE WRITTEN AGREEMENT REGARDING
SERVICES ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN
THE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN
4
ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS
AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to the
terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any of the Owners who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to the City
30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property
shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the real
property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall remain
in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owners or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions
of this Agreement thereafter. Entry into this Agreement by Owners waives no rights as to matters not
addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City’s ability to annex the properties covered herein pursuant
to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and the same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. This Agreement shall terminate on August 1, 2040
(“Term”) unless otherwise terminated pursuant to the provisions of this Agreement. The Term may be
extended upon mutual agreement of the Parties. Owners and the City agree that this Agreement is
binding upon both the City and Owners, and Owners’ heirs, successors, and assigns for the term of the
Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be deemed to have filed a
petition for voluntary annexation before the end of the Term, for annexation of the Property to be
completed on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property . Owner agrees that such annexation shall be voluntary and consents
to the annexation pursuant to Sec. 212.172(b)(7) of Tex. Loc. Gov’t Code.
5
Section 14. Survival of Covenants. The covenants in Sections 2. 4. and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERy
OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS
COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY. HOLD
HARMLESS. AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS. BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE
ON THIS AGREEMENT.
Entered into this Jday of . Dr a , 203‘
OWNERS
E///a Jean de / ,J „/ a \ I
ArrEST:
crrY SECRETARY THE CITY OF DENTON, TEXAS
'ger, DeputN Manager, or Assistant
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
6
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
$This instrument was acknowledged before me on the \It> day of
20a, by El Va_ Tc..qa G._I,{1_,c,‘nl) OuCH
CATHERINE WELBORN
Notary Public. State of Texas
Comm. Expires 02-24-2021
Wtary ID 131018469
Notary Public, State of Texas
THE STATE OF TEXAS }
}
This instrument was acknowledged before me on the
20 ,by
COUNTY OF DENTON
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
7
COUNTY OF DENTON }
; s=L t {: q11 :
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
After recording return to:
City of Denton
Attn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide
the municipal services set forth below. As used in this Agreement, “providing services” includes
having services available by any method or means by which the City makes such municipal services
available to any other area of the City, including per the City’s infrastructure extension policies,
ordinances, and developer or property owner participation in accordance with applicable city
ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a level
consistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Some of
these services include:
1.
2.
3.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special weapons;
and
4.Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including personnel and
equipment will be provided to furnish these areas with the level of police services consistent
with other areas in the City having similar characteristics of topography, land use, and population
density
Upon ultimate development, police protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and population
density .
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services to the
annexation area. These services include:
1.
2.
3.
4.
5.
6.
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport
Advanced Life Support (ALS) fire engines, trucks and ambulances;
Hazardous materials response and mitigation;
by
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of Denton
A-1
having similar characteristics of topography, land use, and population density, on the effective
date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with other
areas having similar characteristics of topography, land use, and population density. It is
anticipated that fire stations planned to serve areas currently within the City of Denton will be
sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other areas
within the city limits having similar characteristics of topography, land use, and population
density .
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety services
to the annexation area. These services include:
1.
2.
3.
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response; and transport;
Medical rescue services
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to areas
of the City of Denton having similar characteristics of topography, land use, and population
density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and equipment
will be provided to furnish these areas with the level of services consistent with other areas of
the City having similar characteristics of topography, land use, and population density.
Upon ultimate development, EMS will be provided at a level consistent with other within the
city limits having similar characteristics of topography, land use, and population density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to all
residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open market, and
the City of Denton is one option for service provision. Solid waste and recycling collection
services will be provided to the newly annexed property immediately upon the effective date of
the annexation at a level consistent with current methods and procedures presently provided to
areas within the city having similar characteristics of topography, land use, and population
density. Customers receiving their existing services from private solid waste collection service
providers operating in the affected area immediately prior to annexation may continue to utilize
provide their existing service for up to 2 years in accordance with Texas Local Government
Code. Should that private service end prior to the expiration of the two (2) year term, the
customer must initiate solid waste and recycling services with the City of Denton, pursuant to
Chapter 24 of the Code of Ordinances.
E.Wastewater Facilities
A-2
The proposed annexation area is located within the City of Denton Sewer Service Area as defined
by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas
Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in accordance
with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual,
ordinances and regulations. City participation in the costs of these extensions shall be in
accordance with applicable City ordinances and regulations. Capacity shall be provided
consistent with other areas having similar characteristics of topography, land use, and population
density
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer, shall
be maintained by the City on the effective date of this ordinance, if installed or improved to City
standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the service
area of another water utility will be the responsibility of that utility. Similarly, operation and
maintenance of private wastewater facilities will be the responsibility of the private property
owner
F.Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste Water
Criteria Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within these areas, extensions of water distribution mains and cost
participation shall be in accordance with the Denton Development Code, Water/Wastewater
Criteria Manual, and with existing City ordinances and policies. Water service capacity shall be
provided consistent with service to areas of the City having similar characteristics of topography,
land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service area
of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private water
systems will be allowed to remain on those systems until a request for water service is made to
the City. These requests for service will be handled in accordance with the applicable utility
service line extension and connection policies currently in place at the time the request for service
is received.
G.Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage or
injury to the health or safety of the public or any person, as determined by the Director of Public
A-3
Works, shall be provided within the annexation area upon the effective date of the annexation
ordinance. Routine maintenance will be provided within the annexation areas and will be
scheduled as part of the City’s annual program, in accordance with the current policies and
procedures defined by ordinance, or otherwise established by the City Council.
Any construction or reconstruction will be considered within the annexation area on a Citywide
basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs, in conformance with fiscal
allotments by the City Council. If an existing sign remains, it will be reviewed and placed on
the City’s inventory listing for routine replacement, based upon an engineering study. New signs
will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the yearly
budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance with
the Denton Development Code, associated Stormwater Criteria Manual, and with existing City
ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance
and will be charged on the utility bill after annexation. All runoff, whether directly tied into the
system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or improved
by the developer. Any cost participation shall be in accordance with the Denton Development
Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage
facilities extended by the City will have to be a CIP project and bonds will need to be sold.
Drainage capacity shall be provided consistent with other areas of the City having similar
characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is made to
the City. Any requests for City improvements to existing drainage facilities will be handled in
accordance with the applicable extension and connection policies currently in place at the time
the request for improved drainage facilities is received by the City. These will be ranked in the
CIP project matrix, in accordance with the City Drainage Plan.
1.Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of the
effective date of this ordinance. Fees for such usage shall be in accordance with current fees
established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
A-4
J.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the
annexed area, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
K.Permitting and Inspections. Permitting and Inspections shall be obtained through the City of
Denton, as outlined in the Code of Ordinances.
L.Other Services. Other services that may be provided by the City of Denton, such as municipal
and general administration, will be made available as of the effective date of the annexation. The
City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure maintenance
available in other parts of the City of Denton having similar topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services to
each area of the City, including the annexed area, if different characteristics of topography, land use,
and population density justify different levels of service.
A-5
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION AGREEMENT
This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into
on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and BETTY
GLASSCOCK (“Owners“), the property owners of the hereinafter described property (the “Property”)
in Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties”):
Being 2.833 acre tract of land, more or less, situated in the J. Stewart Survey, Abstract No. 1 150, Denton
County, Texas, being comprised of a 1.603 acre tract being more fully described in that Warranty Deed
dated August 6, 1965, from David Mulkey to J.F. Baker, filed for record on August 20, 1965, and
recorded in Volume 527, Page 224, of the real property records of Denton County, Texas; and a 19.23
acre tract of land, more fully described in that Deed dated September 13, 1993, from the Veterans Land
Board of Texas to Jesse F. Baker, filed for record on October 25, 1993, and recorded in Instrument No.
1993-75347, of the real property records of Denton County, Texas; SAVE AND EXCEPT 18 acres of
land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, more
fully described that Distribution Deed dated October 6, 2015, from Betty Glasscock, Independent
Executor of the Estate of Jesse Freedman Baker, a/k/a J.F. Baker, Deceased to Freedman Dale Baker,
Linda Kay Abrams and C)Ian Wayne Baker, filed for record on October 6, 2015, and recorded in
Instrument No. 2015-116565, of the real property records of Denton County, Texas. Leaving the said
2.833 acre tract of land commonly known as DCAD Property ID 37472.
RECITALS
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property, which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners within
PAA4 non-annexation development agreements (“Ch. 43 NAAs“), as then contemplated by former
Section 43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said NAAs in lieu of the City’s annexation in
2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, the Property is located within PAA4, and since 2010 the Property has held a valid
Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc.
Gov’t Code, and subsequently extended in 2015 and 2016; and
WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and
WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43
NAAs for an additional twenty (20) years to all eligible property owners within PAA4; and
WHEREAS, the Denton County Appraisal District records show that the Property is not
currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus is not eligible to
receive a Ch. 43 NAA; and
1
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land
ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the
extratenitorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained
in a Ch. 43 NAA; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in
exchange for the property owner’s covenant not to develop the property and to authorize the municipality
to apply its regulations and development authority not inconsistent with agricultural use; and
WHEREAS, for all intents and purposes, a 2 12. 172 NAA is very similar to a Ch. 43 NAA, except
that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management
or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a
term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of
the Ch. 43 NAA and Extended Ch. 43 NAA, previously executed by the Parties for all purposes, until
such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 212.172 NAA, as set
forth herein, and Owners represent that it is their intention not to develop the Property during the term
of this Agreement; and
WHEREAS, the Parties agree that this 212. 172 NAA is entered into pursuant to Section 212.172
of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ
and the procedures of the City; and
WHEREAS, upon expiration of the 212.172 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached hereto as
Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is binding
upon the City and the Owners and their respective successors and assigns for the term of the Agreement;
and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County,
Texas 9
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement,
as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject,
however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property for the
term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties shall be
2
limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot
smaller than five (5) acres, unless the lot was created prior to the date of this Agreement. The property
owner may apply to the City for division of the land subject to this Agreement into parcels, each of
which is at least five (5) acres in size, for the purposes set forth in this section without being in violation
of this Agreement. Such uses and activities constitute the development plan for the Property (the
“Development Plan”) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be amended
from time to time during the term of this Agreement, as hereinafter defined, provided that the application
of such regulations does not result in interference with the use of the land for agricultural, wildlife
management or forestry-related residential dwellings and accessory uses and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which remains lawful
at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code, as amended pursuant to the
Denton Plan 2030, as amended, including but not limited to the Residential Rural (RR)
Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton Development
Code, as amended, together with applicable Design Criteria Manuals, Denton Mobility Plan,
and other approved Master Plans of the City of Denton, Texas, as amended, and the most
recent North Central Texas Council of Governments Standard Specifications for Public
Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters 17,
28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development
Code, as amended, along with local amendments, as amended, and more particularly set forth
as follows:
a.
b.
C.
d.
e.
f.
g.
h.
1.
J.
k.
1.
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition, with regional amendments;
National Electric Code, 2011 Edition, with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-141 –
196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended,
3
and Subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Water
and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as
amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable flood protection, drainage and related standards, as contained within Chapter 30
of the Denton Code, as amended, subchapters 7 and 8 of the Denton Development Code, as
amended, the Denton Stormwater Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as
amended, applicable administrative standards of the Texas Commission on Environmental
Quality, as amended, and applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained within Subchapters 2 and
6 of the Denton Development Code, as amended and as applicable, and as supplemented by
requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the Tex.
Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period
of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of
the Property, whichever first occurs. The Parties covenant and agree that the City may deny any
development application or plan of development that is submitted to the City for the Property during
such period if such application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might arise under Chapter 245 of the Tex. Loc. Gov’t Code, local or state
law, or by common law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent with the
Development Plan shall be considered established or in existence prior to the expiration of the 180-day
period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service Plan.
(A) if an Owner files any application or plan of development for or otherwise commences
development of any portion of the Property inconsistent with the Development Plan provided in Section
2, then Sections 1 and 3 of this Agreement shall become null and void, and remedy provisions of Section
5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION
TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR
VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. C-3 OF CH. 43 OF
THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION
AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION
IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC
212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S
4
LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING
THIS AGREEMENT AND OWNER AGREES THAT THE 212.172 NAA SERVES AS THE
WRITTEN AGREEMENT REGARDING SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX.
LOC. GOV’T CODE. IN THE EVENT THAT THE WRITTEN AGREEMENT REGARDING
SERVICES ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN
THE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN
ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS
AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to the
terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any of the Owners who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to the City
30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property
shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the real
property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall remain
in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owners or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions
of this Agreement thereafter. Entry into this Agreement by Owners waives no rights as to matters not
addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City’s ability to annex the properties covered herein pursuant
to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and the same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. This Agreement shall terminate on August 1, 2040
(“Term”) unless otherwise terminated pursuant to the provisions of this Agreement. The Term may be
extended upon mutual agreement of the Parties. Owners and the City agree that this Agreement is
binding upon both the City and Owners, and Owners’ heirs, successors, and assigns for the term of the
Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be deemed to have filed a
5
petition for voluntary annexation before the end of the Term, for annexation of the Property to be
completed on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. Owner agrees that such annexation shall be voluntary and consents
to the annexation pursuant to Sec. 212.172(b)(7) of Tex. Loc. Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2. 4. and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERy
OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS
COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE
ON THIS AGREEMENT.
E„t„,d i.t, thi, /74,y ,f ca , 202/
OWNERS
Hq /h;,an/_
ArrEST:
crrY SECRETARY
BT%lol
THE CITY OF DENTON. TEXAS
L\tllllftll (V
LqPI
City Manager, Deputy
ty Manager
;er, or Assistant
THE STATE OF TEXAS
6
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
. . /q+L . „<-
a
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
7
Notary Public, State of Texas
THE STATE OF TEXAS }
}COUNTY OF DENTON
APPROVED AS TO LEGAL FORM:
AAR
BY:
After recording return to:
City of Denton
ANn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “ A“
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide
the municipal services set forth below. As used in this Agreement, “providing services” includes
having services available by any method or means by which the City makes such municipal services
available to any other area of the City, including per the City's infrastructure extension policies,
ordinances, and developer or property owner participation in accordance with applicable city
ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a level
consistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Some of
these services include:
1.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special weapons;
and
Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including personnel and
equipment will be provided to furnish these areas with the level of police services consistent
with other areas in the City having similar characteristics of topography, land use, and population
density .
Upon ultimate development, police protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and population
density
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services to the
annexation area. These services include:
1.
2.
3.
4.
5.
6.
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport
Advanced Life Support (ALS) fire engines, trucks and ambulances;
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
by
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of Denton
A-1
having similar characteristics of topography, land use, and population density, on the effective
date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with other
areas having similar characteristics of topography, land use, and population density. It is
anticipated that fire stations planned to serve areas currently within the City of Denton will be
sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other areas
within the city limits having similar characteristics of topography, land use, and population
density .
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety services
to the annexation area. These services include:
1.
2.
3.
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response; and transport;
Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to areas
of the City of Denton having similar characteristics of topography, land use, and population
density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and equipment
will be provided to furnish these areas with the level of services consistent with other areas of
the City having similar characteristics of topography, land use, and population density.
Upon ultimate development, EMS will be provided at a level consistent with other within the
city limits having similar characteristics of topography, land use, and population density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to all
residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open market, and
the City of Denton is one option for service provision. Solid waste and recycling collection
services will be provided to the newly annexed property immediately upon the effective date of
the annexation at a level consistent with current methods and procedures presently provided to
areas within the city having similar characteristics of topography, land use, and population
density. Customers receiving their existing services from private solid waste collection service
providers operating in the affected area immediately prior to annexation may continue to utilize
provide their existing service for up to 2 years in accordance with Texas Local Government
Code. Should that private service end prior to the expiration of the two (2) year term, the
customer must initiate solid waste and recycling services with the City of Denton, pursuant to
Chapter 24 of the Code of Ordinances.
E.Wastewater Facilities
A-2
The proposed annexation area is located within the City of Denton Sewer Service Area as defined
by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas
Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in accordance
with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual,
ordinances and regulations. City participation in the costs of these extensions shall be in
accordance with applicable City ordinances and regulations. Capacity shall be provided
consistent with other areas having similar characteristics of topography, land use, and population
density
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer, shall
be maintained by the City on the effective date of this ordinance, if installed or improved to City
standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the service
area of another water utility will be the responsibility of that utility. Similarly, operation and
maintenance of private wastewater facilities will be the responsibility of the private property
owner
F.Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste Water
Criteria Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within these areas, extensions of water distribution mains and cost
participation shall be in accordance with the Denton Development Code, Water/Wastewater
Criteria Manual, and with existing City ordinances and policies. Water service capacity shall be
provided consistent with service to areas of the City having similar characteristics of topography,
land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service area
of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private water
systems will be allowed to remain on those systems until a request for water service is made to
the City. These requests for service will be handled in accordance with the applicable utility
service line extension and connection policies currently in place at the time the request for service
is received.
G.Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage or
injury to the health or safety of the public or any person, as determined by the Director of Public
A-3
Works, shall be provided within the annexation area upon the effective date of the annexation
ordinance. Routine maintenance will be provided within the annexation areas and will be
scheduled as part of the City’s annual program, in accordance with the current policies and
procedures defined by ordinance, or otherwise established by the City Council.
Any construction or reconstruction will be considered within the annexation area on a Citywide
basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs, in conformance with fiscal
allotments by the City Council. If an existing sign remains, it will be reviewed and placed on
the City’s inventory listing for routine replacement, based upon an engineering study. New signs
will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the yearly
budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance with
the Denton Development Code, associated Stormwater Criteria Manual, and with existing City
ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance
and will be charged on the utility bill after annexation. All runoff, whether directly tied into the
system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or improved
by the developer. Any cost participation shall be in accordance with the Denton Development
Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage
facilities extended by the City will have to be a CIP project and bonds will need to be sold.
Drainage capacity shall be provided consistent with other areas of the City having similar
characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is made to
the City. Any requests for City improvements to existing drainage facilities will be handled in
accordance with the applicable extension and connection policies currently in place at the time
the request for improved drainage facilities is received by the City. These will be ranked in the
CIP project matrix, in accordance with the City Drainage Plan.
1.Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of the
effective date of this ordinance. Fees for such usage shall be in accordance with current fees
established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
A-4
J.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the
annexed area, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
K.Permitting and Inspections. Permitting and Inspections shall be obtained through the City of
Denton, as outlined in the Code of Ordinances.
L.Other Services. Other services that may be provided by the City of Denton, such as municipal
and general administration, will be made available as of the effective date of the annexation. The
City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure maintenance
available in other parts of the City of Denton having similar topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services to
each area of the City, including the annexed area, if different characteristics of topography, land use,
and population density justify different levels of service.
A-5
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION AGREEMENT
This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into
on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and CAROLYN
SCHERTZ MALLARD LIVING TRUST (“Owners”), the property owners of the hereinafter described
property (the “Property”) in Denton County, Texas (Owners and City also singularly a “Party” or
collectively “Parties”):
Being 2.25 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton
County, Texas, and being more fully described in that certain Special Warranty Deed dated June 219
2004 from Homer S. Schertz, a/k/a Sam Schertz, Individually and as Successor Trustee of the Homer
Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as
Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky
David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz
Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of the Homer Walter
Schertz and Jessie V. Schertz Revocable Living Trust to Carolyn Schertz Mallard, filed for record on
July 7, 2004 and recorded in Instrument Number 2004-89327 of the Real Property Records of Denton
County, Texas. Said 2.25 acres of land, more or less, is commonly known as DCAD Property ID
270748
RECITALS
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property, which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners within
PAA4 non-annexation development agreements (“Ch. 43 NAAs”), as then contemplated by former
Section 43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said NAAs in lieu of the City’s annexation in
2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, the Property is located within PAA4, and since 2010 the Property has held a valid
Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc.
Gov’t Code, and subsequently extended in 2015 and 2016; and
WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and
WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43
NAAs for an additional twenty (20) years to all eligible property owners within PAA4; and
WHEREAS, the Denton County Appraisal District records show that the Property is not
currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use9 or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus is not eligible to
receive a Ch. 43 NAA; and
1
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land
ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the
extratenitorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained
in a Ch. 43 NAA; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in
exchange for the property owner’s covenant not to develop the property and to authorize the municipality
to apply its regulations and development authority not inconsistent with agricultural use; and
WHEREAS, for all intents and purposes, a 2 12. 172 NAA is very similar to a Ch. 43 NAA, except
that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management
or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a
term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of
the Ch. 43 NAA and Extended Ch. 43 NAA, previously executed by the Parties for all purposes, until
such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 212.172 NAA, as set
forth herein, and Owners represent that it is their intention not to develop the Property during the term
of this Agreement; and
WHEREAS, the Parties agree that this 2 12.172 NAA is entered into pursuant to Section 212. 172
of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ
and the procedures of the City; and
WHEREAS, upon expiration of the 212.172 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached hereto as
Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is binding
upon the City and the Owners and their respective successors and assigns for the term of the Agreement;
and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County,
Texas 9
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extratenitoria! status of the Property and agrees not to annex the Property for the term of this Agreement,
as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject,
however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property for the
term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties shall be
2
limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot
smaller than five (5) acres, unless the lot was created prior to the date of this Agreement. The property
owner may apply to the City for division of the land subject to this Agreement into parcels, each of
which is at least five (5) acres in size, for the purposes set forth in this section without being in violation
of this Agreement. Such uses and activities constitute the development plan for the Property (the
“Development Plan”) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be amended
from time to time during the term of this Agreement, as hereinafter defined, provided that the application
of such regulations does not result in interference with the use of the land for agricultural, wildlife
management or forestry-related residential dwellings and accessory uses and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which remains lawful
at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code, as amended pursuant to the
Denton Plan 2030, as amended, including but not limited to the Residential Rural (RR)
Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton Development
Code, as amended, together with applicable Design Criteria Manuals, Denton Mobility Plan,
and other approved Master Plans of the City of Denton, Texas, as amended, and the most
recent North Central Texas Council of Governments Standard Specifications for Public
Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters 17,
28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development
Code, as amended, along with local amendments, as amended, and more particularly set forth
as follows:
a.
b.
C.
d.
e.
f
g.
h.
1.
J.
k.
1.
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition, with regional amendments;
National Electric Code, 2011 Edition, with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-141 –
196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended,
3
and Subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Water
and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as
amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable flood protection, drainage and related standards, as contained within Chapter 30
of the Denton Code, as amended, subchapters 7 and 8 of the Denton Development Code, as
amended, the Denton Stormwater Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as
amended, applicable administrative standards of the Texas Commission on Environmental
Quality, as amended, and applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well planing, drilling and production standards, as contained within Subchapters 2 and
6 of the Denton Development Code, as amended and as applicable, and as supplemented by
requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the Tex.
Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period
of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of
the Property, whichever first occurs. The Parties covenant and agree that the City may deny any
development application or plan of development that is submitted to the City for the Property during
such period if such application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might arise under Chapter 245 of the Tex. Loc. Gov’t Code, local or state
law, or by common law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent with the
Development Plan shall be considered established or in existence prior to the expiration of the 180-day
period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service Plan.
(A) if an Owner files any application or plan of development for or otherwise commences
development of any portion of the Property inconsistent with the Development Plan provided in Section
2, then Sections 1 and 3 of this Agreement shall become null and void, and remedy provisions of Section
5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION
TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR
VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. C-3 OF CH. 43 OF
THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION
AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION
IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC
212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S
4
LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A” BY SIGNING
THIS AGREEMENT AND OWNER AGREES THAT THE 212.172 NAA SERVES AS THE
WRITTEN AGREEMENT REGARDING SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX.
LOC. GOV’T CODE. IN THE EVENT THAT THE WRiTTEN AGREEMENT REGARDING
SERVICES ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THENTHE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN
ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS
AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to the
terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any of the Owners who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to the City
30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property
shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the real
property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall remain
in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owners or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions
of this Agreement thereafter. Entry into this Agreement by Owners waives no rights as to matters not
addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City’s ability to annex the properties covered herein pursuant
to the terms of this Agreement.
Section 1 1. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and the same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. This Agreement shall terminate on August 1, 2040
(“Term”) unless otherwise terminated pursuant to the provisions of this Agreement. The Term may be
extended upon mutual agreement of the Parties. Owners and the City agree that this Agreement is
binding upon both the City and Owners, and Owners’ heirs, successors, and assigns for the term of the
Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be deemed to have filed a
5
petition for voluntary annexation before the end of the Term, for annexation of the Property to be
completed on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. Owner agrees that such annexation shall be voluntary and consents
to the annexation pursuant to See. 212.172(b)(7) of Tex. Loc. Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2. 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERY
OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS
COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD
HARMLESS. AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE
ON THIS AGREEMENT.
_+}\
Entered into this'ZO- day of J 20n.
ATTEST:THE CITY OF DENTON, TEXAS
-ger)or Assistant
THE STATE OF TEXAS }
6
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowbdged before me on the 70+\
20Z,by TO A bt'\c., th.K&r/ -
day of =f/IM
CHRlsrhN aRaA
My N(Hay ID#lW43®
Exj+H Wmb# 14, M Public, State of Texas
THE STATE OF TEXAS }
}
This instrument was acknowledged before me on the20 ,by
COUNTY OF DENTON
day of 9
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
7
Notary Public, State of Texas
THE STATE OF TEXAS }
}COUNTY OF DENTON
:cI) L by
t City
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
After recording return to:
City of Denton
Ann.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide
the municipal services set forth below. As used in this Agreement, “providing services” includes
having services available by any method or means by which the City makes such municipal services
available to any other area of the City, including per the City's infrastructure extension policies,
ordinances, and developer or property owner participation in accordance with applicable city
ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a level
consistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Some of
these services include:
1.
2.
3.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special weapons;
and
4.Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including personnel and
equipment will be provided to furnish these areas with the level of police services consistent
with other areas in the City having similar characteristics of topography, land use, and population
density
Upon ultimate development, police protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and population
density .
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services to the
annexation area. These services include:
1.
2.
3.
4.
5.
6.
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport
Advanced Life Support (ALS) fire engines, trucks and ambulances;
by
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of Denton
A-1
having similar characteristics of topography, land use, and population density, on the effective
date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with other
areas having similar characteristics of topography, land use, and population density. It is
anticipated that fire stations planned to serve areas currently within the City of Denton will be
sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other areas
within the city limits having similar characteristics of topography, land use, and population
density .
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety services
to the annexation area. These services include:
1.
2.
3.
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response; and transport;
Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to areas
of the City of Denton having similar characteristics of topography, land use, and population
density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and equipment
will be provided to furnish these areas with the level of services consistent with other areas of
the City having similar characteristics of topography, land use, and population density.
Upon ultimate development, EMS will be provided at a level consistent with other within the
city limits having similar characteristics of topography, land use, and population density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to all
residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open market, and
the City of Denton is one option for service provision. Solid waste and recycling collection
services will be provided to the newly annexed property immediately upon the effective date of
the annexation at a level consistent with current methods and procedures presently provided to
areas within the city having similar characteristics of topography, land use, and population
density. Customers receiving their existing services from private solid waste collection service
providers operating in the affected area immediately prior to annexation may continue to utilize
provide their existing service for up to 2 years in accordance with Texas Local Government
Code. Should that private service end prior to the expiration of the two (2) year term, the
customer must initiate solid waste and recycling services with the City of Denton, pursuant to
Chapter 24 of the Code of Ordinances.
E.Wastewater Facilities
A-2
The proposed annexation area is located within the City of Denton Sewer Service Area as defined
by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas
Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in accordance
with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual,
ordinances and regulations. City participation in the costs of these extensions shall be in
accordance with applicable City ordinances and regulations. Capacity shall be provided
consistent with other areas having similar characteristics of topography, land use, and population
density
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer, shall
be maintained by the City on the effective date of this ordinance, if installed or improved to City
standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the service
area of another water utility will be the responsibility of that utility. Similarly, operation and
maintenance of private wastewater facilities will be the responsibility of the private property
owner
F.Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste Water
Criteria Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within these areas, extensions of water distribution mains and cost
participation shall be in accordance with the Denton Development Code, Water/Wastewater
Criteria Manual, and with existing City ordinances and policies. Water service capacity shall be
provided consistent with service to areas of the City having similar characteristics of topography,
land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service area
of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private water
systems will be allowed to remain on those systems until a request for water service is made to
the City. These requests for service will be handled in accordance with the applicable utility
service line extension and connection policies currently in place at the time the request for service
is received.
G.Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage or
injury to the health or safety of the public or any person, as determined by the Director of Public
A-3
Works, shall be provided within the annexation area upon the effective date of the annexation
ordinance. Routine maintenance will be provided within the annexation areas and will be
scheduled as part of the City’s annual program, in accordance with the current policies and
procedures defined by ordinance, or otherwise established by the City Council.
Any construction or reconstruction will be considered within the annexation area on a Citywide
basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs, in conformance with fiscal
allotments by the City Council. If an existing sign remains, it will be reviewed and placed on
the City’s inventory listing for routine replacement, based upon an engineering study . New signs
will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the yearly
budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance with
the Denton Development Code, associated Stormwater Criteria Manual, and with existing City
ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance
and will be charged on the utility bill after annexation. All runoff, whether directly tied into the
system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or improved
by the developer. Any cost participation shall be in accordance with the Denton Development
Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage
facilities extended by the City will have to be a CIP project and bonds will need to be sold.
Drainage capacity shall be provided consistent with other areas of the City having similar
characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is made to
the City. Any requests for City improvements to existing drainage facilities will be handled in
accordance with the applicable extension and connection policies currently in place at the time
the request for improved drainage facilities is received by the City. These will be ranked in the
CIP project matrix, in accordance with the City Drainage Plan.
1.Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of the
effective date of this ordinance. Fees for such usage shall be in accordance with current fees
established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
A-4
J.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the
annexed area, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
K.Permitting and Inspections. Permitting and Inspections shall be obtained through the City of
Denton, as outlined in the Code of Ordinances.
L.Other Services. Other services that may be provided by the City of Denton, such as municipal
and general administration, will be made available as of the effective date of the annexation. The
City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure maintenance
available in other parts of the City of Denton having similar topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services to
each area of the City, including the annexed area, if different characteristics of topography, land use,
and population density justify different levels of service.
A-5
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION AGREEMENT
This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into
on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and MICHAEL
PAUL MCCLENDON (“Owners”), the property owners of the hereinafter described property (the
“Property”) in Denton County, Texas (Owners and City also singularly a “Party” or collectively
“Parties”)
Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150,
Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor’s
Lien dated June 20, 1988 from H. L. Swarm, Jr. and wife, Evelyn June Swann to John Allen Peppler and
wife, Lavena Grace Peppler, filed for record on June 21, 1988 and recorded in Volume 2398, Page 768
of the Real Property Records of Denton County, Texas. Said 3.297 acres of land, more or less, is
commonly known as DC AD Property ID No. 37444.
RECITALS
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property, which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners within
PAA4 non-annexation development agreements (“Ch. 43 NAAs”), as then contemplated by former
Section 43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said NAAs in lieu of the City’s annexation in
2015 and 2016 (collectively, “Extended Ch. 43 NAAs“), of the Property in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, the Property is located within PAA4, and since 2010 the Property has held a valid
Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc.
Gov’t Code, and subsequently extended in 2015 and 2016; and
WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and
WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43
NAAs for an additional twenty (20) years to all eligible property owners within PAA4; and
WHEREAS, the Denton County Appraisal District records show that the Property is not
currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus is not eligible to
receive a Ch. 43 NAA; and
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land
ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the
extraterritorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained
in a Ch. 43 NAA; and
1
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in
exchange for the property owner’s covenant not to develop the property and to authorize the municipality
to apply its regulations and development authority not inconsistent with agricultural use; and
WHEREAS, for all intents and purposes, a 2 12.172 NAA is very similar to a Ch. 43 NAA, except
that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management
or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a
term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of
the Ch. 43 NAA and Extended Ch. 43 NAA, previously executed by the Parties for all purposes, until
such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 212.172 NAA, as set
forth herein, and Owners represent that it is their intention not to develop the Property during the term
of this Agreement; and
WHEREAS, the Parties agree that this 212.172 NAA is entered into pursuant to Section 212.172
of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ
and the procedures of the City; and
WHEREAS, upon expiration of the 212.172 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached hereto as
Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is binding
upon the City and the Owners and their respective successors and assigns for the term of the Agreement;
and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County,
Texas9
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement,
as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject,
however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property for the
term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties shall be
limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot
smaller than five (5) acres, unless the lot was created prior to the date of this Agreement. The property
owner may apply to the City for division of the land subject to this Agreement into parcels, each of
which is at least five (5) acres in size, for the purposes set forth in this section without being in violation
2
of this Agreement. Such uses and activities constitute the development plan for the Property (the
“Development Plan”) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be amended
from time to time during the term of this Agreement, as hereinafter defined, provided that the application
of such regulations does not result in interference with the use of the land for agricultural, wildlife
management or forestry-related residential dwellings and accessory uses and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which remains lawful
at the time the Agreement is executed:
( 1) Zoning standards contained in the Denton Development Code, as amended pursuant to the
Denton Plan 2030, as amended, including but not limited to the Residential Rural (RR)
Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton Development
Code, as amended, together with applicable Design Criteria Manuals, Denton Mobility Plan,
and other approved Master Plans of the City of Denton, Texas, as amended, and the most
recent North Central Texas Council of Governments Standard Specifications for Public
Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters 17,
28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development
Code, as amended, along with local amendments, as amended, and more particularly set forth
as follows:
a.
b.
C.
d
e.
f
g.
h.
1.
J.
k.
I
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition, with regional amendments;
National Electric Code, 2011 Edition, with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-141 –
196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended,
and Subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Water
and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as
amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
3
(6) Applicable flood protection, drainage and related standards, as contained within Chapter 30
of the Denton Code, as amended, subchapters 7 and 8 of the Denton Development Code, as
amended, the Denton Stormwater Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as
amended, applicable administrative standards of the Texas Commission on Environmental
Quality, as amended, and applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained within Subchapters 2 and
6 of the Denton Development Code, as amended and as applicable, and as supplemented by
requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the Tex.
Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period
of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of
the Property, whichever first occurs. The Parties covenant and agree that the City may deny any
development application or plan of development that is submitted to the City for the Property during
such period if such application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might arise under Chapter 245 of the Tex. Loc. Gov’t Code, local or state
law, or by common law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent with the
Development Plan shall be considered established or in existence prior to the expiration of the 180-day
period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service Plan.
(A) if an Owner files any application or plan of development for or otherwise commences
development of any portion of the Property inconsistent with the Development Plan provided in Section
2, then Sections 1 and 3 of this Agreement shall become null and void, and remedy provisions of Section
5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION
TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR
VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. C-3 OF CH. 43 OF
THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION
AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION
IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC.
212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S
LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING
THIS AGREEMENT AND OWNER AGREES THAT THE 212.172 NAA SERVES AS THE
WRITTEN AGREEMENT REGARDING SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX.
LOC. GOV’T CODE. IN THE EVENT THAT THE WRITTEN AGREEMENT REGARDING
SERVICES ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THENTHE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN
4
ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS
AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to the
terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any of the Owners who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to the City
30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property
shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the real
property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall remain
in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owners or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions
of this Agreement thereafter. Entry into this Agreement by Owners waives no rights as to matters not
addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City’s ability to annex the properties covered herein pursuant
to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and the same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. This Agreement shall terrI&nate on August 1, 2040
(“Term”) unless otherwise terminated pursuant to the provisions of this Agreement. The Term may be
extended upon mutual agreement of the Parties. Owners and the City agree that this Agreement is
binding upon both the City and Owners, and Owners’ heirs, successors, and assigns for the term of the
Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be deemed to have filed a
petition for voluntary annexation before the end of the Term, for annexation of the Property to be
completed on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. Owner agrees that such annexation shall be voluntary and consents
to the annexation pursuant to See. 212.172(b)(7) of Tex. Loc. Gov’t Code.
5
Section 14. Survival of Covenants. The covenants in Sections 2. 4. and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERY
OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS
COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE
ON THIS AGREEMENT.
Entered into this 20 day of Jn~7 o &aY , 202/.
ATTEST
CrFY SECRErARY
:3 :: : W::SW:hHpn
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the 20lb
2021, by bAt,bel ?'LH\ k4cCbvh,Y,
day of
6
CMAYB
NanRVPUBUCSiATEOFTEtAS
MY COMM. D(R 08/28/2023
NOTARY tO 1302962&B Notary Public.ltate bf Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
7
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of , 20 , by
, City Manager/Deputy City Manager/Assistant City
Manager, on behalf of the City of Denton, Texas.
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
AARON LE
BY
After recording return to:
City of Denton
Ann.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide
the municipal services set forth below. As used in this Agreement, “providing services” includes
having services available by any method or means by which the City makes such municipal services
available to any other area of the City, including per the City’s infrastructure extension policies,
ordinances, and developer or property owner participation in accordance with applicable city
ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a level
consistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Some of
these services include:
1.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special weapons;
and
Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including personnel and
equipment will be provided to furnish these areas with the level of police services consistent
with other areas in the City having similar characteristics of topography, land use, and population
density
Upon ultimate development, police protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and population
density .
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services to the
annexation area. These services include:
1.
2.
3.
4.
5.
6.
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport
Advanced Life Support (ALS) fire engines, trucks and ambulances;
by
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of Denton
A-1
having similar characteristics of topography, land use, and population density, on the effective
date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with other
areas having similar characteristics of topography, land use, and population density. It is
anticipated that fire stations planned to serve areas currently within the City of Denton will be
sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other areas
within the city limits having similar characteristics of topography, land use, and population
density
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety services
to the annexation area. These services include:
1.
2.
3.
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response; and transport;
Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to areas
of the City of Denton having similar characteristics of topography, land use, and population
density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and equipment
will be provided to furnish these areas with the level of services consistent with other areas of
the City having similar characteristics of topography, land use, and population density.
Upon ultimate development, EMS will be provided at a level consistent with other within the
city limits having similar characteristics of topography, land use, and population density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to all
residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open market, and
the City of Denton is one option for service provision. Solid waste and recycling collection
services will be provided to the newly annexed property immediately upon the effective date of
the annexation at a level consistent with current methods and procedures presently provided to
areas within the city having similar characteristics of topography, land use, and population
density. Customers receiving their existing services from private solid waste collection service
providers operating in the affected area immediately prior to annexation may continue to utilize
provide their existing service for up to 2 years in accordance with Texas Local Government
Code. Should that private service end prior to the expiration of the two (2) year term, the
customer must initiate solid waste and recycling services with the City of Denton, pursuant to
Chapter 24 of the Code of Ordinances.
E.Wastewater Facilities
A-2
The proposed annexation area is located within the City of Denton Sewer Service Area as defined
by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas
Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in accordance
with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual,
ordinances and regulations. City participation in the costs of these extensions shall be in
accordance with applicable City ordinances and regulations. Capacity shall be provided
consistent with other areas having similar characteristics of topography, land use, and population
density
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer, shall
be maintained by the City on the effective date of this ordinance, if installed or improved to City
standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the service
area of another water utility will be the responsibility of that utility. Similarly, operation and
maintenance of private wastewater facilities will be the responsibility of the private property
owner
F.Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste Water
Criteria Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within these areas, extensions of water distribution mains and cost
participation shall be in accordance with the Denton Development Code, Water/Wastewater
Criteria Manual, and with existing City ordinances and policies. Water service capacity shall be
provided consistent with service to areas of the City having similar characteristics of topography,
land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service area
of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private water
systems will be allowed to remain on those systems until a request for water service is made to
the City. These requests for service will be handled in accordance with the applicable utility
service line extension and connection policies currently in place at the time the request for service
is received.
G.Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage or
injury to the health or safety of the public or any person, as determined by the Director of Public
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Works, shall be provided within the annexation area upon the effective date of the annexation
ordinance. Routine maintenance will be provided within the annexation areas and will be
scheduled as part of the City’s annual program, in accordance with the current policies and
procedures defined by ordinance, or otherwise established by the City Council.
Any construction or reconstruction will be considered within the annexation area on a Citywide
basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs, in conformance with fiscal
allotments by the City Council. If an existing sign remains, it will be reviewed and placed on
the City’s inventory listing for routine replacement, based upon an engineering study. New signs
will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the yearly
budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance with
the Denton Development Code, associated Stormwater Criteria Manual, and with existing City
ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance
and will be charged on the utility bill after annexation. All runoff, whether directly tied into the
system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or improved
by the developer. Any cost participation shall be in accordance with the Denton Development
Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage
facilities extended by the City will have to be a CIP project and bonds will need to be sold.
Drainage capacity shall be provided consistent with other areas of the City having similar
characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is made to
the City. Any requests for City improvements to existing drainage facilities will be handled in
accordance with the applicable extension and connection policies currently in place at the time
the request for improved drainage facilities is received by the City. These will be ranked in the
CIP project matrix, in accordance with the City Drainage Plan.
1.Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of the
effective date of this ordinance. Fees for such usage shall be in accordance with current fees
established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
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J.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the
annexed area, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
K.Permitting and Inspections. Permitting and Inspections shall be obtained through the City of
Denton, as outlined in the Code of Ordinances.
L.Other Services. Other services that may be provided by the City of Denton, such as municipal
and general administration, will be made available as of the effective date of the annexation. The
City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and in#astructure maintenance
available in other parts of the City of Denton having similar topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services to
each area of the City, including the annexed area, if different characteristics of topography, land use,
and population density justify different levels of service.
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