A22-0003cORDINANCE NO. A22-0003c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATELY 7ACRES OF LAND, GENERALLY LOCATED EAST OF BONNIE BRAE STREET ANDAPPROXIMATELY 1,000 FEET SOUTH OF VINTAGE BOULEVARD INTO THE CITY OFDENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A CORRECTION TO THE CITYMAP TO INCLUDE THE ANNEXED LAND; AND PROVIDING FOR A SAVINGS CLAUSE
AND AN EFFECTIVE DATE. (A22-0003c)
WHEREAS, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, a
municipality may annex an area if the property owner requests the annexation; and
WHEREAS, the property owners, Timothy and Jeanna Sutton (hereafter referred to
collectively as “Owner”), submitted a petition for voluntary annexation of approximately 7 acres
of land in Denton County, Texas described in Exhibit A and depicted on Exhibit B, attached
hereto and incorporated herein (“Property”); and
WHEREAS, the City of Denton and Owner have entered into a written Municipal Services
Agreement for the provision of full municipal services to the Property to be annexed, in accordance
with Tex. Loc. Gov’t. Code Sec. 43.0672, and said agreement was approved by the City Council on
January 24, 2023; and
WHEREAS, on January 24, 2023, the City Council held a public hearing to provide persons
interested in the annexation the opportunity to be heard and to adopt an ordinance annexing the area,
pursuant to Sec. 43.0673 of the Tex. Loc. Gov’t. Code; and
WHEREAS, annexation proceedings were instituted for the Property upon the first reading
of the ordinance at the City Council meeting on January 24, 2023; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton after annexation proceedings were instituted, and 30 days prior to City Council
taking final action, as required by Sec. 1.03 of the City Charter; and
WHEREAS, a second reading of the ordinance was conducted and final action on the
annexation was taken at the City Council meeting on March 7, 2023; and
WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizens
of the City of Denton to approve the annexation of the Property; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated
herein by reference.
SECTION 2. The real property described in Exhibit A and depicted on Exhibit B, attached
hereto and incorporated herein by reference, is annexed into the City of Denton, Texas.
SECTION 3. A Municipal Service Agreement approved by Ordinance No. A22-0003 is
attached as Exhibit C and made a part hereof for all intents and purposes.
SECTION 4. The newly annexed property shall be included within the corporate limits of the
City of Denton, Texas, thereby extending the City’s corporate limits and granting to all inhabitants of
the newly annexed property all of the rights and privileges of other citizens and bringing the
inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A copy of this
Ordinance shall be filed in the real property records of the Denton County Clerk and within the Denton
County Appraisal District.
SECTION 5. The City Manager is hereby authorized and directed to immediately correct the
map of the City of Denton by adding thereto the additional territory annexed by this Ordinance,
indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting
from such boundary extensions.
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 be effective immediately upon its passage.
AND IT IS SO ORDERED
The motion to approve this ordinance was made by Br= p, Bcc IC and
seconded by v ,k )< : By rJ , the ordinance was passed and approved bythe following vote [J - a :
Aye
\/
,/
U/
+/
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:L/
1/Chris Watts, At Large Place 6:
Page 2
PASSED AND APPROVED thi,, the 7l'*d,y ,f n arch 2023.
tHSs
ATTEST:
ROSA RIOS, CITY SECRETARY L \ \ \ \ \ P I! ! { / / /
BY: .Z/i?:7,
APPROVED AS TO LEGAL FORM:
MACK RETNWAND, CITY ATTORNEY
p+bh@\ / tWb :i1 ; 11rOy FO92r T : : 2 4 : 4 2
BY. J v -06'oo'
Page 3
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 4 105, 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 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 4
EXHIBIT BLOCATION MAP
11AARON
VINTAGE
Zaa
DeI
MAmTRAY
A22-0003
111
Page 5
EXHIBIT CMUNICIPAL SERVICES AGREEMENT
Page 6
EXHIBITH cMUNICIPAL SERVICES AGREEMENT
This Municipal Service Agreement ('’Agreement") is entered into this 24#1 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 judsdiction, as described in Exhibit A and depicted in Exhibit
B, incorporated herein by reference (“the Property”); and
WHEREAS, the (3wTlers 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.
2.
PROPERTY. This Agreement is only applicable to the Property, which is the subject ofthe Annexation Case.
INTENT. It is the intent of the City that this Agreement provide for the delivery offull, 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 willprovide the municlpal 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.
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A.Police
Police protection from City’s Police Department shall be provided to the Property at a levelconsistent 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.Fire suppression and rescue;
2.Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3.Hazardous materials response and mitigation;
4.Emergency prevention and public education efforts;
5.Technical rescue response; and
6.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 theTroperty, sufficient fire protection, including personnel
and equipment will be provided to furnish the Property with the level of services consistentwith other areas having similar characteristics of topography, land use, and populationdensity. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve the Property.
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Upon ultimate development, fire protection will be provided at a level consistent with otherareas 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 Property. These services include:
1.Emergency medical dispatch and pre-arHval First Aid instructions;
2.Pre-hospital emergency
transport;
Advanced Life Support (ALS) response:and
3 . Medical rescue services.
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 sewioes consistent
with other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate developmenl 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 openmarket, 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 Propelty 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. parRraTnTo Chapter WF of the Code of Ordinances.
E.Wastewqter FacilitiesThe 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 Public
Utility Commission (PUC) .
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As development commences on the Property, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/WastewaterCriteria Manual, ordinances and regulations. If required, 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. 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 theservice 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 by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Public
Utility Commission (TUC)_
Connections to existing City of Denton water distribution mains for water service will beprovided 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 cityordinance.
As new development oocur+wMrthe Property, extensions of water distribution mains -
if required - shall apply cost pardcipation 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 havingsimilar characteristics of topography, land use and population density. The water
infrastructure shall be compatible and consistent with the City’s water master plan.
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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 deveiopments, 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 theapplicable 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 theyearly 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 DevelopmentCode. 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
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and bonds will need to be sold. Drainage capacity shall be provided consistent with otherareas 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 beallowed 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-effectivemarmer; 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 OwnerDenton Municipal Electric’s (“DME”) offer to provide distribution electricity service to
the Property; and provided further, that if DW’s offer is substantially similar to the mostcost-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 DMErates 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 is
responsible 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\vin 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). Easements
will 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 deve]opment adjacent to the existingelectric 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 asstreetlights, switchgear and transformers. The City shall have the right to
inspect the electric facilities prior to placing such facilities into use.
J.Parks, Playgrounds, Swimlning 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 beconstructed 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 locatedwithin 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 the
City 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. TIle City of Denton shall provide a ]evel of services, infrastructure, and
in#astructure maintenance that is comparable to the level of services, infrastructure, andinfrastructure 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 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.
5.AmHORrrY
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 acknowledgesthat 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
unenfoneability 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.
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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.EMI RE 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
ggBymMan MCitye N Lager, or
Assistant City Manager
Pa
By: J!Sutton
:]:FFfIG:\qEWEFrAI£ JFJ:£VED
as to financial and operational
obligations and business terms.
COG h.-
Signaturean
TitleD rLLLCL
Department
Date Signed: '/ar/ 23
APPROVED AS TO LEGAL FORM:
Mack Rein\V,and. City Attorney
By: -tW„., h''- A.'WJT,„„J - 46'oo'
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