Loading...
A22-0003 INCOMPLETESECTION 5. 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 6. This Ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by aSSet hy iS and seconded by B r f ar\ Bed< , the ordinance was passed and approved by the following vote lb- d : Aye L/ V/ ,/ 1/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee,At Large Place 5 :\/ JCChris Watts, At Large Place 6: PASSED AND APPROVED thi,, th, ga,y ,a# 2023.*MR{a ATTEST: ROSA RIOS, CITY SECRETARY b\\11111111 BY: ) APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 2 EXHIBIT ALEGAL DESCRIPTION BEING a tract of land situated in the William Roark Survey, Abstract No.1087, Denton County, Texas, and being a part of a tract of land as described in a quitclaim Deed to Calvary Cathedral, Inc., as recorded in Volume 4105, Page 59 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found in the west line of said Calvary Cathedral, Inc., tract and in Bonnie Brae Road, same being North 00'’40’25" West, a distance of 1530.46 feet from a railroad spike found for Southwest corner of said Roark Survey; THENCE North OO'’40’26'’ West, with West line of said Calvary Cathedral, Inc. tract, and with said Bonnie Brae Road, a distance of 609.11 feet to an iron rod found for corner; THENCE over and across said Calvary Cathedral, Inc. tract the following courses and distances: North 89'’47’36" East, a distance of 500.89 feet to an iron rod found for corner; South 00'’40'28" East, a distance of 508.44 feet to a fence post found for corner; South 89'’42'57" West, a distance of 500.89 feet to the point of beginning and containing 7.000 acres of land, more or less Page 3 EXHIBIT B MUNICIPAL SERVICES AGREEMENT This Municipal Service Agreement ("Agreement") is entered into this 24th day of January 2023, by and between and the City of Denton, a Texas home-rule municipality (“City”), and the property owners, Timothy and Jeanna Sutton (hereafter referred to collectively as “Owner”). RECITALS: WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Owners owns the one tract, totaling approximately 7.0 acres of land located in the City’s extraterritorial jurisdiction, as described in Exhibit A and depicted in Exhibit B, incorporated herein by reference (“the Property”); and WHEREAS, the Owners has filed a written petition with the City for voluntary annexation of the Property, identified as Annexation Case No. A22-0003 (“Annexation Case”); and WHEREAS, the City and Owners desire to set out the City services to be provided for the Property on or after the effective date of annexation; and WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Denton City Council. NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, City and Owners agree as follows: 1.PROPERTY. This Agreement is only applicable to the Property, which is the subject ofthe Annexation Case. 2.INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 3.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. 1 A.Police Police protection from City’s Police Department shall be provided to the Property 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. Someof these services include: 1. 2. 3. 4. Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations weapons; and Coordination with other public safety support agencies. and special As development commences on the Property, sufficient police protection, including personnel and equipment will be provided to furnish the Property 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 Property. 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. Fire protection from the City of Denton shall be provided to the Property 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, onthe effective date of the ordinance. As development commences on the Property, sufficient fire protection, including personnel and equipment will be provided to furnish the Property 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 the Property, 2 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 safetyservices to the Property. These services include: 1. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; transport; Medical rescue services. and Emergency Medical Services (EMS) from the City of Denton shall be provided to the Property 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 on the Property, sufficient EMS, including personnel andequipment will be provided to furnish the Property with the level of services consistent with other areas of the City having similar characteristics of topography, land use, andpopulation 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 populationdensity. 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 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 Property immediately prior to annexation may continue to utilize 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 Property 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 PublicUtility Commission (PUC). 3 As development commences on the Property, sanitary sewer mains will be extended in accordance with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual, ordinances and regulations. If required, City participation in the costs ofthese 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. The sanitary sewer infrastructure shall be compatible and consistent with the City’s wastewater master plan. Upon annexation, sanitary sewer mains and lift stations which are located within dedicated utility easements, public rights-of-way, or any other acceptable locations approved by theDirector of Water Utilities, 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 maintained to City standards at the expense of the private property owner. Private wastewater facilities, otherwise known as Onsite Sewage Facilities (OSSFs), shall not be operated in a manner that causes a nuisance or is otherwise out of compliance with State and local codes. Modifications, alterations, or transfer of existing systems shall require an application for a system alteration and subsequent review of current systemconditions for adherence to State and local codes. All systems disposing of final effluent with surface irrigation shall require a maintenance contract with a licensed maintenance provider as required by Chapter 26 Article IX of the City’s codified ordinances. Upon the public collection system being constructed within 600’ of the property, the OSSF will be abandoned and the site connected to the public sewer. F.Water Facilities The Property is located within the City of Denton Water Service Area as defined byCertificate of Convenience and Necessity (CCN) Number 10195 as issued by the Public Utility Commission (PUC). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with the Denton Development Code, associated Water/WasteWater Criteria Manual, and existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by cityordinance. As new development occurs within the Property, extensions of water distribution mains - if required - shall apply cost participation in accordance with the Denton DevelopmentCode, 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 havingsimilar characteristics of topography, land use and population density. The water infrastructure shall be compatible and consistent with the City’s water master plan. 4 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 shall be provided within the Property upon the effective date of the annexation ordinance. For the purposes of this Agreement, Emergency Street Maintenance is defined as repairs deemed necessary by the Director of Public Works to prevent imminent damage or injury to the health or safety of the public or any person. Routine maintenance will be provided within the Property 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 Property 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 accordancewith the Denton Development Code, associated Stormwater Criteria Manual, and with existing City ordinances and policies, but only to the extent existing on-site drainage facilities are not compliant with the Denton Development Code. 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 the Property, drainage facilities will be extended or improved by the developer as required to remain compliant with the Denton Development Code. 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 Capital Improvement Project (CIP) project 5 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.Electric The Property will be served with electricity distribution service in the most cost-effective manner; provided, however, that before Owner may enter into a contract with an electricity distribution service provider, (i) Owner shall provide the City with any and all bona fide offers that Owner has received from electricity distribution service providers that can legally serve the Property and (ii) the City shall have 30 business days to provide to Owner Denton Municipal Electric’s (“DME”) offer to provide distribution electricity service to the Property; and provided further, that if DME’s offer is substantially similar to the most cost-effective offer from another distribution electricity service provider that can legally serve the Property, then Owner will obtain electricity distribution service from DME. The term “substantially similar” means that the terms of the offers provide the approximately the same level of service at approximately the same start-up cost to Owner. Electric rates applicable to customers within the Property will be pursuant to the then applicable DME rates as approved by the Denton City Council. Such electricity service offers will be based upon the following terms: 1.The electricity distribution service provider will extend electric distribution facilities as necessary to serve full development of the Property. The electricity distribution service provider will evaluate the cost associated with service extension through the undeveloped area to determine if Aid- in-Construction is required. The electricity distribution service provider isresponsible for installation of all primary-voltage electrical cables, transformers, switchgear, streetlight poles and LED streetlight fixtures, streetlight cables, single-family residential services, and other necessary electric distribution and transmission system equipment in compliance with Electric Service Standards and Line Extension Policies currently in place at the time of development, whether onsite or offsite as necessary to provide adequate and reliable electric service to the Land. 2 Owner will provide all on-site public utility easements (PUEs) to the electricity distribution provider that are necessary to protect, install, safely operate and maintain the electric infrastructure, at no cost to the City. PUEs will be 8 feet in width adjacent to street rights-of-way in single family residential areas, and 15 feet in width adjacent to Primary and Secondary 6 Arterial rights-of-way (20 feet where duct banks are required). Easementswill be conveyed through the platting process unless the electricity distribution service provider requests an easement be transferred by separate instrument. The provider agrees to joint trench installation of other franchised utilities such as telephone, cable tv, fiber optic cables, or other non-gas utilities within the designated public utility easements as long as those utilities are on an edge shelf of the trench and not placed directlyabove the electric facilities. 3.Existing overhead electric distribution lines which are located in the public rights-of-way will be relocated by the electricity distribution service provider at no cost to the Owner when development adjacent to the existing electric line requires the line to be relocated in order to accommodate the adjacent development as long as the relocation is also to an overhead position. If Owner requests the relocation be placed underground, then Owner shall be responsible for the difference in cost between the overhead relocation and the underground relocation as reasonably determined and demonstrated by the electricity distribution service provider. Existing overhead electric distribution lines not owned by the electricity distribution service provider will be relocated underground by the owner of the lines if so required to comply with the Denton Development Code. 4.Owner will comply with those City approved policies within the DME Electric Service Standards (ESS), as amended, that are available on the City website and uniformly applied within the City, including the specifications for street lighting. 5.All new distribution electric service within the Property shall be placed underground except for necessary above ground appurtenances such as streetlights, switchgear and transformers. The City shall have the right to inspect the electric facilities prior to placing such facilities into use. J.Parks, Playgrounds, Swimming Pools Residents of the Property may utilize all existing park and recreation facilities as of the effective date of the annexation. 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 Parks, Recreation and Trails System Master Plan and other existing City ordinances and policies. K.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the Property, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexationordinance. 7 L. M. Permitting and Inspections. Permitting and Inspections shall be obtained through theCity of Denton, as outlined in the Code of Ordinances. 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, andinfrastructure 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. 4.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this Agreement shall require City to provide a uniform level of full municipalservices 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. 5.AUTHORITY City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6.EFFECTIVE DATE; TERM The effective date of this Agreement is the date of the annexation of the Property. This Agreement shall be valid for a term often (10) years from the Effective Date. 7.VENUE AND GOVERNING LAW Venue shall be in the state courts located in Denton County, Texas or the United States District Court for the Eastern District of Texas. This Agreement shall be governed andconstrued in accordance with the laws and court decisions of the State of Texas. 8. 9. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8 11.CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 12.SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the Parties to this Agreement and stand as obligations running with the land until satisfied in full, regardless of how the Property is developed. 13.ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the complete agreement of the parties to this Agreement and supersedes all prior written agreements between the parties. This Agreement shall not be amended unless executed in writing by both parties. The Parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the TexasLocal Government Code The parties have executed this Agreement on the date first above written. OWNER CITY OF DENTON, TEXAS ger, or mm THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SignatureaM Title Il rLLkcc Department D,t, Sig„,d, /ar/ 23 APPROVED AS TO LEGAL FORM: rE/IE:7+:COB;aRT::„) - -06'ob' 10 EXHIBIT ALEGAL DESCRIPTION BEING a tract of land situated in the William Roark Survey, Abstract No.1087, Denton County, Texas, and being a part of a tract of land as described in a quitclaim Deed to Calvary Cathedral, Inc., as recorded in Volume 4105, Page 59 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found in the west line of said Calvary Cathedral, Inc., tract and in Bonnie Brae Road, same being North 00'40'25" West, a distance of 1530.46 feet from a railroad spike found for Southwest corner of said Roark Survey; THENCE North 00'’40’26" West, with West line of said Calvary Cathedral, Inc. tract, and withsaid Bonnie Brae Road, a distance of 609.11 feet to an iron rod found for corner; THENCE over and across said Calvary Cathedral, Inc. tract the following courses and distances: North 89'’47'36" East, a distance of 500.89 feet to an iron rod found for corner; South 00'’40'28" East, a distance of 508.44 feet to a fence post found for corner; South 89'’42'57" West, a distance of 500.89 feet to the point of beginning and containing 7.000 acres of land, more or less. 11 EXHIBIT BLOCATION MAP VI triAGE mNRAY A22-0003 LaCEDEn 111 12 EXHIBIT CANNEXATION SCHEDULE Upcoming City Council meetings are: January 2023 - 1/24 (Regular) February 2023 - 2/7 (Regular), 2/21 (Regular) March 2023 - 3/7 (Regular), 3/21 (Regular) April 2023 - 4/4 (Regular), 4/18 (Regular) Annexation 12/6/2022 1 /4/2023 Petition for Annexation submitted Deadline to submit notice to Denton Record Chronicle and City Website forpublication before the 17th day before the public hearing on January 24, 2023(published on Saturday, January 7, 2023) 1 /17/2023 1/24/2023 Deadline to submit backup for posting of City Council Agenda for Regular Meeting on January 24, 2023 Annexation Municipal Service Agreement – IC (Required prior to annexation per 43.0672), Annexation Public Hearing – PH (Only one public hearing is required per 43.0673), AND First Reading of annexation ordinance – IC (per City Charter) 1 /29/2023 Publish Ordinance in the newspaper (Charter Sec. 7. 03,' cannot he acted on for 30 days) 3/7/2023 CC by 4/5ths vote takes final action – IC (Regular meeting) Second Reading of annexation ordinance. Adoption of annexation ordinance (30 days+ post publication per Charter Sec , 7. 03) Post-Annexation Adoption Procedures: 1 2 3 4 5 6 Notification to ComptrollerNotification to DOJ File certified copy of ordinances with the Denton County Clerk File certified copy of ordinances with the Denton CAD Revise City Map Notify Utilities (Customer Service) utilitybilling@cityofdenton.com RESOLUTION NO. 23-258 A RESOLUTION AUTHORIZING THE CREATION OF A STEERING COMMITTEE TO GUIDE THE DEVELOPMENT OF THE NORTHEAST DENTON AREA PLAN, GENERALLY BOUNDED BY FM 428 TO THE NORTH AND WEST, LOOP 288 AND UNIVERSITY DRIVETO THE SOUTH, AND THE GREENBELT AND FLOODPLAIN AREA ASSOCIATED WITHTHE ELM FORK TRINITY RIVER AND LAKE LEWISVILLE TO THE EAST; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, on April 5, 2022, City Council gave staff direction to proceed with the preparation of the Northeast Denton Area Plan, to create a community-based vision for the long- term success of the area; and WHEREAS, on December 6, 2022, the City Council authorized the City to enter into a contract with HDR Architecture, Inc.to provide professional services for assistance in the creationof the Northeast Denton Area Plan.; and WHEREAS, Area Planning allows long term planning for specific areas in the city and allows for community members and stakeholders to provide input, create a shared vision, and influence future development policies for a specific area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The recitals and findings contained in the preamble of this Resolution are incorporated into the body of this Resolution. SECTION 2. The City Council hereby establishes a Steering Committee to be called the Northeast Denton Area Plan Steering Committee. SECTION 3. The Northeast Denton Area Plan Steering Committee shall be represented by the following stakeholders consistent with the Stakeholder Representation Interest categoriesidentified in the table below: