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21-835
FILE REFERENCE FORM Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Ordinance Created By 20-2075 10/20/2020 CW Amended by – Ordinance 21-835 05/18/2021 CW ORDINANCENO. 21-835 AN ORDINANCE AMENDING ORDINANCE NO. 20-2075 PROVIDING FOR ACCEPTANCE OF AN AMENDED ELIGIBLE NON- ANNEXATION AGREEMENT WITH MONT L AND EMR[E A WILKES FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-4 OF APPROXHV4ATELY 347 ACRES LOCATED ON THE EAST SEDE OF BONNIE BRAE STREET, WEST OF FORT WORTH DRrvE, EAST AND WEST OF VINTAGE BOULEVARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 20-2075 was adopted by Council on October 20, 2020, which ordinance accepted twenty (20) year extensions for eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4; and WHEREAS, since the adoption of Ordinance No. 20-2075, a property eligible for a non- annexation agreement has merged with a property with an existing non-annexation agreement (DCAD property IDs 132660 and 537274 merged to create one property with the DCAD property ID of 132660); and WHEREAS, the owners of the merged property, Mont L and Emrie A Wilkes, have executed a new non-annexation agreement with the legal description for the merged property; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreement with the eligible property owners; 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 City Council hereby approves and accepts the attached properly executed non-annexation agreement(s), which is labeled as Exhibit “A”. SECTION 3. The City Council additionally amends Ordinance No. 20-2075 to include said non-annexation agreement(s) in Exhibit “C” to replace the prior non-annexation between the City of Denton and Mont L and Emrie A Wilkes included in Ordinance No. 20-2075. SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreement contained within Exhibit “A”, 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 agreement in the real property records of Denton County, Texas. SECTION 5. All other provisions of Ordinance No. 20-2075 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 20-2075, to the extent of any such conflict SECTION 6. This Ordinance shall take effect immediately on its passage and approval. ::'41TJL'PE=;t!!''di-'"''"”"'dt:X9i iiT;{aPE£3P=npprUd;'TI: following vote n - a : Aye Jd \// vr V‘ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4:,/ \/ a/ Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the \ It!> day of Mca]_, 2021. -Y# ,' /C-- ’' ,/ / GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\111111111 #22– uzd%an APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ..A„L Digitally signed by Mack L„:J:==:L§iJPtqBY: Page 2 CIIAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE 2020 NON-ANNEXATION AGREEMENT This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and MONT L & EMRIE A WILKES (“Owners”), the property owners of the hereinafter described property (the “Property“) in Denton County, Texas: Being a 39.9 acre tract of land situated in the William Roark Survey, Abstract Number 1087, Denton County, Texas, commonly known as Denton Central Appraisal District “DCAD“ property identification tract #132660 and being a portion of that certain tract of land described by deed to Mont L. Wilkes and Emrie A. Wilkes, as recorded in Volume 4661, Page 350, Real Property Records, Denton County, Texas, and being more particularly described as follows: Beginning at the southwest corner of the herein described tract and being the southwest corner of said Wilkes tract, being in Bonnie Brae road and in the east line of the J. Edmonson Survey, Abstract Number 401 and in the west line of said William Roark Survey Abstract Number 1087; Thence North 00 Degrees 40 Minutes 26 Seconds West, along said road and the common lines of said Abstract 401 and Abstract 1087, a distance of 1,021.34 feet to a point being the southwest corner of a 7.0 acre tract as described in the Deed to Timothy T. Sutton and Joanna M. Sutton, as recorded in Volume 4674, Page 1217 of the Real Property Records, Denton County, Texas and being the northwest corner of the herein described tract; Thence North 89 Degrees 42 Minutes 26 Seconds East, along the north line of the herein described tract, a distance of 500.89 feet to a point for a corner of the herein described tract and being the southeast corner of said 7.0 acre tract and being the southwest corner of Lot 1, Block A, Stevenson- Smoot Addition, as recorded by County Clerk file number 2014-250, Plat Records, Denton County, Texas; Thence North 89 Degrees 42 Minutes 57 Seconds East, along the north line of the herein described tract and along the south line of said Lot 1, Stevenson-Smoot Addition, a distance of 721.07 feet to a point for a corner of the herein described tract and being the southeast corner of said Lot 1 Stevenson-Smoot Addition and being the southwest corner of Lot 1, Block A, Pettit Addition, as recorded by County Clerk file number 2016- 163, Plat Records, Denton County, Texas; Thence North 89 Degrees 41 Minutes 36 Seconds East, along the north line of the herein described tract and along the south line of said Lot 1, Pettit Addition, a distance of 471.56 feet to a point being the southeast corner of said Lot 1 Pettit Addition and being the northeast corner of the herein described tract; Thence South 01 degrees 33 minutes 05 seconds East, along the east line of herein described tract a distance of 1,022.95 feet to a point, said point being the southeast corner of said Wilkes Tract and also the southeast corner of the herein described tract; Thence South 89 degrees 45 minutes 13 seconds West, with the south line of said Wilkes tract a distance of 1,708.65 feet to the Place of Beginning and containing 39.9 acres of land. RECITALS WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 2 12. 172 of the Tex. Loc. Gov’t Code, in order to address the desires of Owner and the procedures of the City; and WHEREAS, pursuant to Ch. 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, and Owners accepted, a non- annexation development agreement (“NAA“), 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 NAA in lieu of the City’s annexation in 2015 and 2016 (collectively, “Extended NAAs”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Sec. 43.016 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement pursuant to See. 212.172 of the Tex. Loc. Gov’t Code for purposes of retaining land in the municipality’s extratemitorial jurisdiction (ETJ) in exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply regulations and development authority not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is 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 WHEREAS, based upon Owners’ representations and City’s investigation, it appears that the Property still meets the eligibility criteria of Sec. 43.016 of Tex. Loc. Gov’t Code, and the Ch. 23 of Tex. Tax Code; and WHEREAS, the most recent Extended NAA executed by the City and Owners will expire on August 1, 2020; and WHEREAS, the City desires to allow the Property to remain in the City’s ETJ for the term of this 2020 non-annexation agreement (hereinafter, the “2020 NAA” or “Agreement”), which amends and extends the term of the NAA and Extended 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 2020 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, upon expiration of the 2020 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, 2 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; and WHEREAS, this Agreement has been updated as a result of the merger of two properties (property IDs 132660 and 537274), creating one property with the property ID of 132660 and an updated Legal Description provided above; and 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 extratemitorial 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. 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 purposes 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, 3 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, 2012 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; (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 4 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 Sec. 43.002(a)(2) and 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 2020 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. 5 Section 6. Notice of Sale or Exemption Status Change. Any person 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 Owner 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 Owner 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 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“). 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 and Ch. 43, Subch. C-3 of the Tex. Loc. Gov’t Code. 6 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 thiSa day of AEIL _, 2021. \\\111111111 F Df ATTEST: CITY SECRETARY THE CITY OF DENTON TEXAS b 10By: Its: City iiiaIm Assistant City Manager ity Manager, or THE STATE OF TEXAS } COUNTY OF DENTON } ,„,,.:"'iT:T'”'mYV"."'=''''’'“:"""'"'u'’“'’ ApA \ ;&=r&- ADRIEL PIERRE PIERRE Notary Public, State of Texas (lamm. Expires 03-1 1-2023 Notary ID 131925292 THE STATE OF TEXAS } COUNTY OF DENTON } 2021, b;hnFr"'uHf'Tr'dg'd b'f'" "'" '"th' Ld'y 'f - Notary Public, State of Texas ADRIEL PIERRE PIERRE Notary Public, State of Texas Comm, ExpIres 03-1 1-2023 Notary ID 131826292 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2021, by day of Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON Ii Ii This instrument was acknowledged before me on the 2021, by day of 8 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } by Thq; iglO”I'dg'd b'h“ "' ':thirJ? galteh(put; 2:: 1 Manager/Assistant City Manager, on behalf of the City of Denton, Texas. [uRIElf, bAh}aRISA LEIGH RICHARDS My Notary ID # 131826791 E©IB DeHmbr 14, 20a 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. 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 by 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. A- 1 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 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 A-2 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 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 A-3 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 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 A-4 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. 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