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A23-0002c
ORDINANCE NO. A23-0002c AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATELY 7.25 ACRES OF LAND, GENERALLY LOCATED 224 FEET NORTH OF E. MCKINNEY STREET AND 1,140 FEET EAST OF TRINITY ROAD, INTO THE CITY OF DENTON, DENTON COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITY OF DENTON TO INCLUDE THE ANNEXED PROPERTY IN THE CITY LIMITS; PROVIDING FOR A CORRESPONDING AMENDMENT TO THE CITY MAP TO INCLUDE THE ANNEXED LAND; AND PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE (A23-0002c) 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 applicant Lauren Helmberger of Bear Land Company, on behalf of the property owner, the MY3 Investment Group, LLC. (“Owner”) submitted a petition for voluntary annexation of approximately 7.25 acres of land in Denton County, Texas and 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 November 7, 2023; and WHEREAS, on November 7, 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 November 7, 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 December 12, 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 mcitations inthe preamble of this ordinance are incorporated herein by reference. SECTION 2. The real property descritxd in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by nfennce, is annexed into the City of Denton, Texas. SECTION 3. A service agreement approved by Ordinance No. An4002, is attached as Exhibit C and made a part hereof for all intents and purposes. wm The newly annexed property shall tn included within the oorporate 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 Cowlty 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 numtnr of this Ordinance, and the EFJ 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. Th, m,ti,„ t, ,pp„„q hi, „di„,„,, w„ m,d, by ibc Rollo- J and seconded by Ul chi By Ii , the ordinance was passed and approved by the following vote U -n: Aye Nay Abstain Absent Mayor Gerard Hudspeth:,// -Z Z ,/ 1/ ./ Vicki Byrd, District 1 : Brian Beck, District 2: Paul Mehwr, District 3: Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: Page 2 of 6 PASSED AND APPROVED thI,, th, It+-d,y ,f D,R_b, J , 2023. ##ldl ATIEST: JESUS SALAZAR crrY SECRETARY \ \ \ \ U 11 1 tI ! b / MACK REPqWAND, CITY ATrORNEY DbkalV sIgned by Sugar ReBel Susan Keller ;;HE=;Eg‘Kelkr, emaII uSusanKeMItawfdentonmm By: ure 2az3.la31 16st264s'aa APPROVED AS TO LEGAL FORM: Page 3 of 6 Exhibit A Legal DescrIption BEING A TRAcr OF LAND SITUATED IN THE GIDEON WALKER SURVEY, AB£rRACr NO. 1330, DENTON COUNTE TEXAS AND BEING PART OF A CALLED 9.485 ACRE TRACr DESCRIBED IN A DEED TO MY3 iNVESrMENT GROUP, LLC, AS RECORDED IN iNSrRUMENT NO. 202140354 OF THE OFFICIAL PUBLIC RECORDS OF DEMON COUNTY, TEXAS (0.P.R.D.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE WEn LINE OF SAID 9.485 ACRE TRACr AND ON THE PRESEbrr NORTHEASr CITY OF DENTON LIMITS LINE, AS DESCRIBED IN ORDINANCE NO. 86-129 AND BEING 200.00 FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST RIGHT.OF.WAY LINE OF E. McKINNEY STREET (FM 426), FROM WHICH A 1/2" IRON ROD WITH CAP £rAMPED “RPLS 456r’ FOUND FOR THE souTHWE£r CORNER OF SAID 9.485 ACRE TRACr AND ON SAID NORTHEA£r RIGHT-OF-WAY LINE OF E. McKINNEY STREET (FM 426), BEARS SOUTH 0'52’49’ WEST, A DISTANCE OF 210.76 FEET; THENCE NORTH O'52’49" tAFF, WITH THE WEsr LINE OF SAID 9.485 ACRE TRACr, TO AND WITH THE EA£r UNE OF A CALLED 33.104 ACRE TRACr DESCRIBED IN A DEED TO TRACIE MULKEY LAU, CONNIE MULKEY McKEATHEN, VICKIE MULKEY McQUEEN, AS RECORDED IN INSTRUMENT NO. 2012-146255, 0.P.R.D.C.T. AND BEING FURTHER DESCRIBED IN VOLUME 659, PAGE 674 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D.R.D.C.T.), A DISTANCE OF 603.33 FEET TO A 1/2” IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 9.485 ACRE TRACr AND THE souTHWEgr CORNER OF A CALLED 15.335 ACRE TRACr DESCRIBED IN A DEED TO P&M PROPERTIES, LTD, AS RECORDED IN INSTRUMENT NO. 2023- 14095, 0.P.R.D.C.T.; THENCE SOUTH 89'OO’01" EArl WITH THE NORTH LINE OF SAID 9.485 ACRE TRACT AND THE SOUTH UNE OF SAID 15.335 ACRE TRACr, A DISTANCE OF 466.23 FEn TO A 1/2" IRON ROD FOUND FOR THE NORTHEASr CORNER OF SAID 9.485 ACRE TRACr AND THE NORTHWE£r CORNER OF LOT 1, BLOCK A OF STARLIGHT SIGNS ADDrrlON, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NO. 2013-35, 0.P.R.D.C.T.; THENCE sourH I'09’38" WE£l wrrH THE EA£r LINE OF SAID 9.485 ACRE TRACr AND THE WEsr LINE OF SAID LOT 1, BLOCK A, A DiSrANCE OF 756.11 FEn TO A POINT ON SAID PRESENT NORTHEA£r CITY OF DENTON LIMrrs UNE AND BEING 200.00 FEfr NORTHEA£r OF AND PARALLEL TO SAID NORTHEAST RIGHT-OF.WAY LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED (ILLEGIBLE) FOUND FOR THE souTHEAsr CORNER OF SAID 9.485 ACRE TRACr AND BEING ON SAID NORTHEAST RIGHT4)F-WAY LINE OF E. McKINNEY STREET (FM 426), BEARS SOUTH I'09’38" WEST, A DrrANCE QF 210.42 FEn; THENCE NORTH 70'44’07’ WEST, OVER AND ACROSS SAID 9.485 ACRE TRACr, 200.00 FEfr NORTHEASr OF AND PARALLEL TO SAID NORTHEAST RIGHT-OF-WAY LINE OF E. McKINNEY STREET (FM 426), A DISTANCE OF 487.41 FEn TO THE PLACE OF BEGINNING AND coFfrAINING 7.250 ACRES OF LAND. Page 4 of 6 IBn [ZWR SIte LocatIon Site LocatIon Site Locati©i 426 Exhibit B locatIon Map Page 5 of 6 ExhibIt C MunicIpal ServIces Agreement Page 6 of 6 ORDINANCE NO. A234002 AN ORDNANCE OF THE crrY OF DEIWON, TEXAS REGARDnfG A MUNICEPAL SERVICES AGREEMmfr, PURSUANt TO TEX. LOC. GOV. CODE SEC. 43.0672, BErwEnq THE CIU OF DwroN AND MY3 nfVESTMElfr GROUP, LLC FOR THE PROVISION OF crrY SERVICES TO APPROXWIATELY 725 ACRES OF LAND. GnqERALLY LOCATED 224 FEET NORTH OF E. MCKINNEY STREFr AND 1,140 FEET EAST OF TROJITV ROAD; APPROVING A SCHEDULE OF ANNEXATION: AtrrHORIZING THE crrY MANAGER TO D{ECLfrE THE AGREHMENr; AND PROVDnqG AN WFECHVE DATE. (A234002) WHEREAS, the property owners, MY3 Investment Group, LLC (henaRer nfened to as “ownws’) has submitted a petition for voluntary annwation of approximately 7 acres of land in Denton County, Texas as &seabed in Exhibit A attached hereto and incorporated herein ('?"Wrt/); and WHEREAS, the City of Denton must 6rst negotiate a written Municipal Services Agreement with the Owner of the real property subject to a petition for voluntary annexation, pw3uuR to Tex. Loc. Govt Code Sec. 43.0672, that contains (1) the services that the City of Denton will provide on the eaective date of the annexation and (2) a schedule that includes the period within which the City of Denton will provide each sewi% that is not provided on the effective date of the annexation; and WHEREAS, the City of Denton and the Owner have oome to an agreement about the provision of full wwi ws to the Property following the annexation of the Pmputy; and WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the citinns of Denton to entu into a Municipal Services Agreement with the Owner; NOW, T}mREFORE, THE COUNCIL OF THE crm OF DEVFON HEREBY ORDAnqs: sm19}]. The findings and rwitations contained in the preamble of this ordinance are incorporated herein by nfermce. SIi(,W. The Muicipal Servicw Agreement (“Agreement”), made in aceordance with applicable provisions of state law pertaining to annexation, is approved and attached hereto as Erhibit B and is made a part hereof for all intents and purposes. W]]W& The CttyM8nagu, or designe% is hereby authorized to exnute the Agreement aId to carry out the duties and nsponsbiHti® of the City of Denton urdu the Agnemart. SE(71:10N 4. The schedule of &nrnxgdon attached hereto as EIhibit C is approved and adopted Rx this annexation. SEanoN 5. Should any paragraph, section, sentence, phrase, clause or word of dOs Ordinance tn declared unconstitutional or invalid for any rmson, the remainder of this Ordinance shall not tn affected thereby. wim. This Ordinance shall tn effective immediately upon its passage and approvd. ,„„EP Wi#f '~’”"""”-''iE'£Rl3MJ: the following vote LL - E]: Aye g J -L J a ./-7 Nay Abglin Absent Gerard Hudspeth, Mayor Vicki Byrd, District1: Brian Book, District 2: Paul Meltzer. District 3: Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: PASSED AND APPROVED this. the Iba,I ,f NJ,UL..._ L/ , 2023. MAYOR ATIEST: JESUS SALAZAR CRY SECRETARY L\\\1111111DE& APPROVED AS TO LEGAL FORM; MACK REDVWAND, CIW ATrORNEY O+40d WS-HUB Susan Keller;B'==" BY: :::a;;TID2£TIFslam Ottrllll\ Page 2 EXHIBIT A LEGAL DEScgwrioN BEING A TRAn OF LAND SrrUATED IN THE GIDEON WALKER SURVEY ABSiRACr NO. 1330, DEBiaN COUNTt TDCAS AND BEING PART OF A CALLED 9.485 ACRE TRACr DESCRIBED IN A DEED TO MY3 INVEgrME Kr GROUP, LLC, AS RECORDED IN INsrRUMEMr NO. 202140354 OF THE OFFiaAL PUBUC RECORDS OF DEMON counT, TEXAS (0.P.R.D.CT.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A PaIM ON THE WEsr LINE OF SAID 9.485 ACRETRACr AND ON THE PRESENT NORTHEA£r CITY OF DENTON UMrrs UNE. AS DESCRIBED IN ORDINANCE NO. 8&129 AND BEING 200.00 FEFr NORTHEAsr OF AND PARALLELTO THE NORTHEASrRiGHT4F-WAY LINE OF E. McKINNEY £rRErr (FM 426), FROM WHICH A 1/2- IRON ROD wrrH CAP £rAMPED -RPLS 4561” FOUND FOR THE souTHWEsr CORNER OF SAID 9.485 ACRE TRACr AND ON SAID NORTHEA£r RIGHr4F'WAY LINE OF E. McKINNEY £rREFr (FM 426), BEARS soLrrH as2’4g WEn, A Dl£rANCE OF 210.76 FEn; THENCE NORTH O'52’4y EAST, wrrH THE WEST LINE OF SAID 9.485 ACRE TRACr, TO AND WITH THE EArl UNE OF A CALLED 33.104 ACRE TRACr DESCRIBED IN A DEED TO TRACIE MULKEY LAU, CONNIE MULKFY McKEATHEN, VICKIE MULKEY McQUEEN, AS RECORDED IN INSTRUMENT NO. 2012-146255, O.P.R.D.C.T. AND BEING FURTHER DESCRIBED IN VOLUME 659, PAGE 674 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS (D.R.D.C.T.), A Dl£rANCE OF 603.33 FEn TO A 1/2- IRON ROD FOUND FOR THE NORTHWEsr CORNER OF SAID 9.485 AaRE TRACr AND THE souIHWEsr CORNER OF A CALLED 15.335 ACRE TRACT DESCRIBED IN A DEED TO P&M PROPERTIES, LTD. AS RECORDED IN iNSTRUMEHr NO. 2023-14095, 0.P.R.D.CT THENCE soLrrH 89'wor EAST. WITH THE NORTH LINE OF SAID 9.485 ACRE TRAn AND THE SOUTH LINE OF SAID 15.335 ACRE TRACt A DISrANCE OF 466.23 FEn TO A 1/2” IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 9.485 ACRE TRACr AND THE NORTHWEST CORNER OF LOT 1, BLOG( A OF £rARUGFrr SIGNS ADDITION, AN ADDrnON TO THE CRY OF DENTON, DENTON COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN iNSrRUMEMr NO. 2013.35, 0.P.R.D.C.T.; THENCE soLrrH lw3r WE£r. WITH THE EASr UNE OF SAID 9.485 ACRE TRACr AND THE WESI LINE OF SAID LOT 1, BLeaK A, A DFIANCE OF 756.11 FEET TO A POIMr ON SAID PRESEMr NORTHEASr CITY OF DENTON LIMITS LINE AND BEING 200.00 FEEI NORTHEAST OF AND PARALLEL TO SAID NOFIHEAST RIGFrr. OF-WAY LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/2- IRON ROD WITH CAP STAMPED (ILLEGIBLE) FOUND FOR THE souTHEAsr CORNER OF SAID 9.485 ACRE TRAcr AND BEING ON SAID NORTHEAST RIGHT-OF-WAY LINE OF E. McKINNEY STREET (FM 426), BEARS SOUTH fOg’38” WEST A DISTANCE OF 210.42 FEn; THENCE NORTH 70'44’02- WESC OVER AND ACROSS SAID 9.485 ACRE TRACE 200.00 FEfr NORTHEA£r OF AND PARALIEL TO SAID NORTHEAST RIGHT-OF-WAY liNE OF E. McKINNEY STREET (FM 426), A DISTANCE OF 487.41 FEn TO THE PLACE OF BEGINNING AND CONTAINING 7.250 ACRES OF LAND. Page 3 Ex}HBrr B MUNICIPAL SERVICES AGREEMENT Page 4 MUNICIPAL SERVICES AGREEMENT This Municipal Service Agre€arent ("Agreement") is meted into this 7th day ofNovemtnr 2023, by and between and the City of Denton, a Twas home.rule municipality (“City“), and the proBIty owner, MY3 Investment Group, LLC. (henaftm nfand to as “Owner”). REcrrAI ,S: WHEREAS, Section 43.0671 of the Texas lxx;al Government Code (“TLGCY’) permits the City to annex an un if each owner of land in an area ncFnsts thc anrnxation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the ptopaty owner(s) that sets forth the City services to be provided for the property on or after the eHoctive date of annexation; WHEREAS, the Owner owns a tract of land, totaling approximately 725 acres of land located in the City’s extratadtoHal judsdiction, as described in Exhibit A and depicted in Exhibit B, incorporated haein by reference ('The Property”); and WHEREAS, the Owner has filed a written petition with the City for voluntary annexation of the Prolnrty, identified as Annexation Case No. A23q)002 (“Annexation CaseD); and WHEREAS, the City and Owner desin to identi8' the City services to be provided for the Property on or after the eaective date of annexation; and WHEREAS, the Annexation Case and execution ofthisAgnement by the City are subject to approval by the Denton City Council. NOW THEREFORE, in consideration ofthe mutual covenants, conditions, and promises contained herein, City and Owner agree as follows: 1.PROPERTY. This Agnemcnt is only applicable to the Property which is the subject of the Annexation Case. 2.IBFIEM. It is the intent of the City that this Agreement provide for the delivery of 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 eRective date of annexation, City will provide the mtmicipal services set forth below. As used in this Agreement, “providing sewiws” includes having services available by any method or mmm by which the City makes srnh municipal services available to any other area of the City, including per the City’s in&wtructun extension policies, ordinances, and developer or property owner participation hr accordance with applicable cityoIdinances, rules, regulations, and policies. I A Police Police protwdon &um City’s Police Department shall be provided to the area annexed at a level consistent with cwnnt methods and procedww presently provided to areas in the City of Denton with similar topogrqhy, laId use, and population density, on the effeadve date of the ordinarne. Some of these services include: 1. 2. 3. 4, Patrols and responses; Handling of complaints and incident reports; Special units, such as tmfRc enforcement, investigations weapons; and Coordination with other public safety support agencies. and special As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of ponce sewioes consistent with other areas in the City having shrilar 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 nIe 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; Prehospital medical services including triage, Uea&neat and transport by Advanced Life Support (ALS) fire enginw, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education eaorts; Technical rescue response; and Construction Plan Review and requM inspections. Fire protection &om the City of Dunn 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 oftopogruphy, land use, and population density, on the effective date of the ordinance. As development commences in thwe areas, suMcient 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 are stations planned to serve areas currently within the City of Denton will tnsu£ncient to serve areas now being considered for annexation. 2 Upon ultimate development, fire protection will be provided at a level consistent with other areas within dn city limits having similar charad£dstics of topography, land use, and population density. C.Emergency Medical Service The Dalton Fhe Department (DFD) will pnvi& the following emergency and safety services to the annexation area. These services include: 1. 2. 3. Emngmcy medical dispatch and pn-aIdml First Aid instructions; Prohospital cmcIBency Advanced Life Support (ALS) response; &ansport; Medical rescue services. and Emergency Medical Services (EMS) &om the City of Denton shall be provided to the areas annexed at a level consistent with curnnt 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 commenoes 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 dwelopment, 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 and hauler for solid waste collection and disposal services within the city limits, including but not limited to, preconsauction activities, construction activities, and ultimately residential, multi-family, or comnnnial activities, and rwycliag services. Solid waste and rwycling collection s©vices will be provided to the newly wmexed 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 topogwhy, land use, and population density. Customus rweiving their existing services from private solid waste collection service providers operating in the affected area immediately prior to annexation may continue to utilize their existing service for up to 2 ynIS in accordance with Texas Local (k)vernment Code. Should that private service end prior to the expiration of the two (2) year term, the customer must initiate solid waste and ncycling suvicn with the City of Denton, pwsuant to Chapter 24 of the Code of Ordinances. E.Wastewater Facilitia The proposed annexation area is located within the City of Denton Sewer Servioe Area as defined by Certificate of Convenience and Nwessity (CCN) Number 20072, as issued by the Public Utility Commission (PUC). 3 As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the Denton Development Ccxle, Water/Wastewater Criteria Manual, and other city ordbraaces and regulations. Ifnquind, City lwticipadon in the costs of these extensions shall be in accordance with applicable law, including City ordinances and ngulaioas. Capa£ity shall be provided consistent with other areas having similar charact£dstiw of topography, land use, and population density. The City’s sanitary sewer infrastructure shall be compatible and consistent with the City’s wastewater master plan Upon annexation, sanitary sewer mains and lie stations which are 1 mated within dedicated utility easements, public rights mf.way, or any other acceptable locations approved by the Director of Water UtiHtks, shall be maintained by the City beginning on the effective date of this ordinance, if installed or improved to City standards as of the effective date of the annex8tion, and are within the annexed areas. Operation and maintenance of wastewater facilities and infrastructure lying within the nnice area of another water utility will be and remain the responsibility of that utility. Similarly, operation and maintenance of private wastewater facilities will comply with state and local law, and be maintained to City standards at the expense of the private property owner. F.W8ter 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 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/Waste Water Criteria Manual, and other City ordinances and regulations. Upon connection to existing distdbution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, extensions of water distribution mains if nquired, cost participation shall be in accordance with the Denton Development Code, Water/Wastewater Criteria Manual, and with other City ordinances and regulations. Water service capacity shall tn provided consistent with service to areas of the City having similar characteristics of topography, land use and population density. The water in&astructun shall be compatible and consistent with the City’s water master plan. (>pemtion and maintenance of water facilities and in&8stIUCime that lie within the service arm of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that an on individual water wells or private water systems will be allowed to nunin on those systems until a request for water service is made to the City. Owners of property on which these systems remain must comply with 4 all laws and ordinances applicable to such systems. Requests for services from the City will be handled in acoordana with the City’s ordinances, and applicable utility service line extension and comectioh policiw, in place at the time the request for snvice is received. G.ll08ds and Struts Emergency street maintenance, &fined as repairs necessary to prevent imminart 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 annexadon areas and will tn scheduled as part of the City’s annual program, in accordance with the curnat policies and procedures defined by ordinance, or otherwise established by the City Council Any construction or rwonsbuction of streets needed within the annexation area will be considered 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 anobnents by the City Cormcil. 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 Dalton drainage facilities will tn provided in accordance with the Dalton Development Code, associated Stormwater Critni8 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 nrnoR, 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 Owner as required to remain compliant with the Denton Development Code. Any cost participation shall be in accordance with state law, the Denton Development Cale, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage facilities extended by the City will have to be a Capital Improvement Pmjnt (CIP) project and bonds will need to be sold. Drainage capacity shall be provided consistent with other areas of the City having sirniln chancteristics of topography, land use and population density. Existing developmarts, business® 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 5 made to the City. Any requests for City improvements to existing drainage facilities will be handled in accordance with the City’s ordinanca, and applicable extension and connection policies, in place at the time the request for improved drainage facilities is rwc}ved by the City. These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan. 1.Elntrjg The proposed annexation area will be served with electricity distribution service in the most cost-eaective manner; provided, however, that before the Owner, may enter into a contract with an electricity distribution service provider, (i) Owner shall provide the City with any and all bona 6de offers that Owner has received Bum electricity distribution service providers that can legally serve the Property and (ii) the City shall have 30 business days to provide to Owner Denton Mtmicipal El@trio’s (“DW’) oBer to provide distribution el€c&icity service to the Property; and provided fUrther, that if DME’s offer is substantially similar to the most costeffective offer from another distribution electricity wain 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 oRers provide the approximately the same level of service at approximately the same startap cost to Owner. El@tHe rates applicable to customers within the boundaries of the Property will be pursuant to the then applicable DME rates as approved by the Denton City Council All electricity %nice oRers will be based upon the following terms: 1.The electricity distribution service provider will extmd electric distribution facilities as necessary to serve full development of the Land. 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 distdbution service provider is responsible for installation of all primary-voltage electrical cables, transformers, switchgear, streetlight poles and LED stnetlight fixtures, strwtlight cables, single-family residential services, and other necessary electric distribution and transmission system equipment in compliance with Electric Servioe Standards and Line Extension Policies currently in place at the time of development, whether onsite or offsite as necessary to provide adequate and reliable olectric service to the Land. 2.Owrnr will provitk aII on-site public utility easements to the electricity distribution provider that are necessary to protoct, install, safety operate and maintain the elwtHc 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 Arterial right5qof-way (20 feet where duct banks are required). Easements will be conveyed through the plating process unless the electricity distribution service provider requests an easement tn transferred by separate instrument. The provider agnes to joint trench installation of other franchised utilities 6 such as telephone, cable tv, fitnr optic cables, or other non.gas utilities within the designated public utility wwments as long as those utilities are on an edge shelf of the trench and not placed dhwtly atxive the electric facilities. 3.Existing overtnd electric distribution lines, which are located in the public rights ef.way, will tn relocated by the electricity distribution service provider at no cost to the Owner when development adjacent to the existing elwtHc line nquirw the line to tn relocated in order to acoommod8te the adjacent development as long as the relocation is also to an overhead pwition. If Owner requests the relocation be placed underground, then Owner shall be responsible for the difference in cost between the overhead relocation and the wrderground relocation as reasonably determined and demonstr8ted by the electricity distribution service provider. Existing overhead electric distribution lines not owned by the electricity distribution service provider will be relocated rmdergrr)und by the owner of the lines if so required to comply with the Denton Developinent Code. 4.Owner will comply with those City q)proved 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 Land shall tn placed underground except for necessary above ground appurtenanc€s such as streetlights, switchgear and transformers. The City shall have the right to inspect the electric facilities prior to placing such facilities hao use. J.F8rks3 PlaYgrOund& Swimming PooIs Residents of the annexed area may utilize all existing park and rwnation facilities as of the effective date of this ordinance. The park dedication ordinance shall apply to the annexed area for residential development. In addition, park and recreation facilities shall be constructed based on park policies defined in the Parks, R£creation and Trails System Master Plan and other existing City ordinances and policies. K PBbliCty Ownal Facilities. Any publicly owned facility, buildhrg, or sewiw located within the annexed area, and not otherwise owned or maintained by another governmental entity, shan in maintained by the City of Denton on the effective date of the annexation ordinance. L.Permitting and Inspections, Permitting and Inspections shall be obtained through the City of Denton, as outlined in the Code of Ordinances. Bt Other Sewjgeg. Other sewica that may be provided by the City of Denton, such as mwHcipal and general adminjgtr8tion, will be made available as of the effective date of the 7 annuation. The City of Denton shall provide a level of serving, infrastructure, and tnfnrstructuw maintenance that is comparable to the level of services, in8ashucture, and infr&sUuctun maintenance available in other parts of the City of Denton having similar topography, land use, and population density shrilar to those rmsonably contemplated or IBojected in the arm. 4.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this Agreement shall requhe City to provide a uniform level of 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.AUTHORITY City and Owner represent that they have full pow% authority and legal right to execute, deUvn and perform their obligations pursuant to this Agnemcnt. 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 tn 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 and construed in aocordancc with the laws and court decisions of the State of Texas. 8.GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of its govemmcntal powers or immunities. 9.SEVERAB]LrrY In case anyone or more of the provisions contained in this Agreement shall for any reason be bId to tn invalid, illegal, or unenforceable in any nslnct, such invalidity, illegality, or unenforwability shall not affect any other provision thereof and this Agreement shall be considered as if such hwaUd, illegal, or unenforceable provision had never been contained in this Agramcat. 10.COUNrERPARTS This Agreement may be exwutcd in any numtnr of counterparts, each of which shall be deemed an original and constitute one and the same instrument 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. 8 12.SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the srnwssors and assigns of the Parties to this Agreement and stand as obligations running with the land mIdI satis6ed in full, ngndless of how the Property is developed. 13.ENTIRE AGREEMENT; AMENDMENT. This Ageemcnt constitutes the complete agreement of the parties to this Agreement and supersedes all prior wHam agreements between the parties. This Agreement shall not be amended unless executed in writing by both parties. The Parties stipulate that this ABument does not constitute a permit for development, including under Chapter 245 of the Texas Local Government Code. The parties have executed this Agnernent on the date first above written. OWNER cru OF DENTON, TEXAS By: MY TEns AGRHEbmHT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Signature Department Date Signed: APPROVED AS TO LEGAL FORM: Mack Reinwand, City Attorney BY: Susan Keller8R#_B 10 MSA EXHIBIT A LEGAL DESCRIPTION BaNG A TRACT OF LAND srruATm nl THE GEDEON WALKER SURVEY, ABSTRACr NO. 1330, DENrON COUNTY, TEXAS AND BENG PART OF A CALLED 9.485 ACRE TRACT DESmBED IN A DEED TO MY3 BWESTMENT GROUP, LLC. AS RECORDED ng uqsTRUMwr NO. 202140354 OF THE OFFICIAL PUBLIC RECORDS OF DHVrON COU}WY, TEXAS (0.P.RD.C.T.) AND BENG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGRqNRIG AT A PODfr ON THE WEST LniE OF SAD 9.485 ACRE TRACT AND ON THE PRESENr NORTHEAST crrY OF DENTON Ln4rrs LINE, AS DESCRBED rN ORDNANCE NO. 86129 AND BEING 200.00 FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST RIGHT-OF-WAY LINE OF E. McKINNEY STREET (FM 426), FROM WHICH A \ri” IRON ROD wmI CAP STAMPED 'RPLS 4561” FOUND FOR THE SOUTHWEST CORNER OF SAID 9.485 ACRE TRACr AND ON SAID NORTHEAST RIGHFX)F.WAY LINE OF E. McKTNNEY STREET (FM 426), BEARS SOUtH 0'52’49’ WEST, A DISTANCE OF 210.76 FEET; T}mNCE NORTH O'52’49” EAST, wmi THE WEST LEgE OF SAD 9.485 ACRE TRACT. TO AND VIHH THE EAST LINE OF A CALLED 33.104 ACRE TRAcr DESCREBED IN A DEED TO TRACIE MULKEY LAU, CONNIE MULKEY McKEATHEN, VICKIE MULKEY McQUEEN, AS RECORDED IN iNSTRUMEVr NO. 2012-146255, O.P.RD.C.T. AND BEING FURTHER DESCRIBED N VOLUME 659, PAGE 674 OF THE DEED RECORDS OF DnfroN cou}frY, TEXAS (DR.D.C.T.), A DISTANCE OF 60333 FEET TO A in” iRON ROD FOUND FOR THE NORTHWEST CORNER OF SAD 9.485 ACRE TRACT AND THE SOUTHWEST CORNER OF A CALLED 15.335 ACRE TRACr DESCREBED Dq A DEED TO P&M PROPERTns, LTD, AS RECORDED IN nqsTRUNmvr NO. 2023-14095, O.P.RD.C.T THENCE SOUtH 89'OO’01” EAST. HIH THE NORTH LINE OF SAID 9.485 ACRE TRACT AND THE SOUTH Ln(E OF SAD 15.335 ACRE TRACT, A DISTANCE OF 466.23 FEET TO A in” IRON ROD FOUND FOR THE NORTTBAST CORNER OF SAID 9.485 AaRE TRACr AND THE NORTHWEST CORNER OF LOT 1, BLOCK A OF STARLIGHT SIGNS ADDITION, AN ADDITION TO THE CITY OF DWFON, DElfroN COUNTY. TEXAS ACCORDING TO THE PLAT THEREOF RECORDm IN INSTRUMENT NO. 2013- 35, 0.PR.D.C.T.; THENCE SOUIH I'09’38” WEST, WITH THE EAST LnqE OF SAID 9.485 ACRE TRACT AND THE WEST LnqE OF SAn) LOT 1, BLOa( A, A DISTANCE OF 756.11FEHr TO A PONT ON SAD PRESENr NORTHEAST CITY OF DENrON Ln41TS LINE AND BEING 200.00 FEHr NORTHEAST OF AND PARALLEL TO SAD NORTHEAST RIGIn-oF-wAY LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/7’ IRON ROD WITH CAP STAWED (ILLEGIBLE) FOUND FOR THE souimAST CORNER OF SAD 9.485 ACRE TRACT AND BEING ON SAID NORTHEAST RIGHTX)F-WAY LINE OF E. McKINNEY STRUT (FM 426), BEARS SOUIH 1'09’38” WEST, A DISTANCE OF 210.42 FEET; 11 T}EnqcE NORTH 70'44’02” WEST, OVER AND ACROSS SAD 9.485 ACRE TRACT, 200.00 FEET NORTHEAST OF AND PARAI.LEL TO SAD NORTHEAST RIGHT.OF-WAY LINE OF E. McKINNEY STRUT W 426), A DISTANCE OF 487.41 FEET TO THE PLACE OF BEGINNING AND CO}nAINING 7.250 ACRES OF LAND. 12 MSA EXEUBrrB LOCATION MAP J @BP al mme Site LocatIon 13 EXHiBrr C ANNEXATION SCHEDULE Annexation 08n2n023 lo/18n023 Petition for Annexation submitted Deadline to submit notice to Denton Record Chronicle and City Website for publication before the 17th day before the public hearing on November 7, 2023 (published on &rtwday, October 21, 2023) ll/02n023 Deadline to submit backup for posting of City Council Agenda for Regular Meeting on October 21, 2023 ll/07n023 Annexation Municipal Service Agreement - IC (Requtred prior to annexation per 43.0672), Annexation Public Huring – PH (Only one public hearing A required per 43.0673), AND First Reading of annexation ordinance – iC (per City Chaner) 11/1 ln023 12/12n023 Publish Ordinance in the newspaper (Charter Sec. 1.03; cannot be acted on for 30 days) CC by 4/StIrs vote takes final action – IC (Regular meeHnd Socond Ruding of annexation ordinance. Adoption of annexation ordinance (30 days+ poM publication per Charter Sec. 1.03) Post-Annexation AdQption Procedures: 1. 2. 3. 4. 5. 6. Notification to Compbuller Notification to DOJ File certified copy of ordinances with the Denton County Clerk File %dified copy of ordinances with the Denton CAD Revise City Mw Notify Utilities (Customer Service) utilitybilling@cityofdenton.com Page 5