2009-044S:!Our Dm,mmu`OrdinmccSD8W08-OOOlb.dm
ORDINANCE NO: z&e?- I)L `7-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING BY CONSENT TWO
TRACTS OF LAND CONSISTING OF APPROXIMATELY 865.92 ACRES, CONTIGUOUS
AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED IN TWO
DISTINCT AREAS, THE FIRST AREA (ANNEXATION AREA #1) BEING
APPROXIMATELY 23.23 ACRES IN SIZE, AND GENERALLY LOCATED BETWEEN
THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS, SOUTH
OF FM 2153, AND THE SECOND AREA (ANNEXATION AREA #2) BEING
APPROXIMATELY 842.69 ACRES, AND GENERALLY LOCATED EAST OF FM 2164
AND NORTH OF SHEPARD ROAD; APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE (A08-0001).
WHEREAS, Pursuant to Section 43.061 of the Texas Local Government Code, home rule
cities are authorized to annex areas that are not required to be in an annexation plan; and
WHEREAS, on or about December 10, 2008, the Planning and Zoning Commission
recommended approval of the annexation legally described in Exhibit "A", attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, this annexation is authorized under the annexation procedures for areas
exempted from the municipal annexation plan; and
WHEREAS, the City Council finds that any areas caused to be entirely surrounded by,
but not included within, the City of Denton, Texas as a result of this annexation, are so
surrounded in the public interest; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, public hearings before the City Council were held in the Council Chambers
on December 2, 2008, and December 9, 2008 (both days being on or after the 20th day but
before the 40th day of the date of the institution of the proceedings), to allow all interested
persons to state their views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on January 6, 2009; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on January 18, 2009, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter; and
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WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Property is hereby annexed to the City of Denton, Texas.
SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof
by reference as Exhibit "B" (the "Service Plan"), which provides for the extension of municipal
services to the Property, is approved as part of this ordinance. The Service Plan was made
available for public inspection and explanation to the inhabitants of the area being annexed at the
above described public hearings.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City. If any part of the Property is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the g - day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
Exhibit A
Ttaa L.
BetrtB eU that eartam k% tenet crpacel of recd sl=W in the W. A. Tbotapoa Smtny, AbsUW
tNlsmba 1238 In Dorton Cbtariy, Yentas, bodes aU dUls S, 6 sad 7. aloeb 3 =d aU of LM 7.8. 9,
16 tied IL B16ak.8 ref Lake Ridge Entrm as Addtdon to Deetoa Cooney, Taros =ft;o 9,
-'plet mmt:ofteootded in CahtnNF, Page 330, Piat Beeods, Denton Catuay, Tao, anti bring mate
ice' desormw as haumm
BrSatning st m fan and tund fbf tmw in to Baal Has of Lake Bide arck, m ttatmpsoved
psbtie midway k:vta6 a tt.v+yof 60A ikteta0din the SaathUm of'Fomrto-bQ>:bet
Xx*w2133. apublic madwq+baviagae*.*"ay of 90A feet, aid yotatbeing tbsNorgrwast
cane aft aid Lot 7, BlockS of said Labe Rkdp F.%h&%;
Tbcw Saath 86` 46' 170 Bast, 2f S.l I fist wilt said South Ilse of add F Mowq
to m ham sod. faatd fir carver aid point being the Narthad comer, ed =W Lot 7;
Tbenoe Satrth O l' 39' 12' We4 136LIS fbtx With to so be of said Bioob S aw 31o it fiesta
wraa far=ts and Paint bald Me Saatheat 4ama of Wd to 7 In Wl Biotic 3;
1b=cNodh tl7° VOS' WcA317.70 feet Wlh theSoutb UnadsddBkaf 3 to aatrommd set far
tamer
Than North Sr $8' UP West, 269.70 fiat with said South line of oW Block 3 to an boo rod set
ft- omes, sdd putt being the S*Mhnat comer ofLot 4 m said Black 3;
Thence Nma 01• S9' i2' Bas; SOOAO ft at wlmbeEast lino of odd Lot 0. Blod; 3 b to hated
set for== In the Sotath be of saidl.ake Rldsa Chele;
Theme Saito Or38'30' &n290.31 >feetwdh told Uatb Uwe afald Lab RWpChore m an ime
tad set fat oome>: .
Tbeaoe along the = of a curve to the W having a earn od aegis of 210° W 30a, a mf n of 60.0
fie; m ac Rao of21935 feel, whose chard bean, Noah 4T 00' 20a Sts; I IS.90 trot vt& raid
Stith 11ne dug Labe BWp Chda to mhos nod set fhretetst
Tlczm Nwds01•S9'12•San987.06fedwllhtheBaatiiriodnULabR14pCh letoMeYlaae
dBegk=g wil atttttshaias 9.R9 awes ofls4 mere, a {ss.
TtawlL• .
Being aU that certsim IK tdta or p vd of bW sltoatad to the W. A. Tbampsmr Survey As= .
Nmaber 1238 in Denton County. Tons, beiq AU of Lot, 1. 2. 3 and 4. Black S of Lake Ridge
Batates. an addidm to Deana Co=W. Tecm aeoordirsg to the pint ttta:arfinenc 4 In C49m F.
Paso 330. Plat RmrA Denton Catmty, Tsz% wad being more partatlimV chained a f wow.
Battntronrod set ~oomabo the Wast line ofLake Ridge Cieslq, mnnimprvvadpahUa
raadvrmy having a rtO&cf-w&y of 604 fee; nerd polut b ft Cite SmlahmstAmmL edla Sin aid
Blot S of tdd Lake Rlelp Batons
Tb=South 01' ST t2• Wets, ME fast with aid Wait Um ofmidLake RMp Click tom 600
rod an far Comer; said polar being the Sa few aorv ar doW Let L in aid Black S;
Thmec North 8T 38' 30' Wes; 239.03 feetwtt doe Mcft Une 0faald Lake Ridge Cbvb to as 6c t
red act fbt comer aid Odw being the Soutma coma of Lot 13, Bheedt 4 of add lake Ridge
- Tltiaae North ar sr it Ens; 672.80 feat wtt3 the Bast Um of ntd BID* 4In ae trm Cod out for
mmcr, mid polat bolo{ dm Scathwest came of said Let S IA add Blots S;
Theme Swath ar Sr 30' &A 239.02 f:d with *A Samh flue of sold lot S In aid Blook 3 to On
Fbmof9eghmlcgandaoatalab>g4A01immafimd,wadcopa rwlrbtRt WayBaseme0t
mC.PhiUipovera~
acdwW~0.I1Q]~ IMS ad&&
Page 4
FRO NOTES b a8 W cubb Wctkd Agad h to WA Thonpon Survey+gbft Uft 124
Deb Co", Texas and behia9.db JOW we cad 6M MW bdoW hm HjW C.
swm m to Dona Lee Sparks atwL A W me %3 Page 97t dsio ow Rev*Cf '
Texas as =#w and ooa*an bagman b s * tre * wo wtwo
descx~ed.as fob .
SEGO b ft WbWmwof be barttbehg descW ht at a W iron rod bW forge
Nort id owdsad 10,000 an Wattto lest coawrdLot7 ht 5 ctLakeR* E
an Wft p Derdo coo, acoor~ tothe kt WdnsoordedM;aftFPaga t70dtiPki -
Records of Det Cats Tom sad rod being onto Soak #kkR WF.K bw219
THENCE Nark 88 deM37.rr s49 = 4 EmtA Ole scut b Uld and I fineofsatd
10.000 am abngand nearaNo a dis r a 4317.49 W ba rimed hm TW settrta.ftda
dsed 10.000aae~ . .
THE~CE Soh Otdgm 12 **s 33 mr& East the EM One abng andnaar a Wet
ftme of 1371.78 fret b a woodlice oamerpWt.r theom* Sci corner of said 10,000 am
TIiENCE 89 degrees 05ntmates 07 semis Y~asEw Ow Soak ~eOf abr>9 aRd rssera fence
a die d318.21 W ara Tim rod Owd far b So mwof sad 10,000 wmandh
. • ~com~d Ld 7 in 3 d std E .
Tli NorOti 01 degrees 10 mhM 44 senor 6 twM Ore East firs d sold E.staow and wed i nd
said 10.000 arxes abng and near a fence a of 138925 fed m th$ RACE QF BEGIIG a
10.00 am of end mire orless
Page 5
BEING all that certain tract of land situated In the P. G. YARBROUGH SURVEY, ABSTRACT NUMBER
1447. Denton County, Texas and b*q d of a cded 219.73 acre tract of land deaattied In the Deed ftm
Ctard Tudcar•Tonlahmerfty Trust lo C. Dean Darla acs raoaded in Instmerd Number 2005.112203 of the
Real Property Records of sold CwxW. the suWeat treat being mom partiadarty dow bed as folows:
BEGMNM at a 112 inch ton rod found In the Ent Une of FM 2184 for the Nartdwest comerof Sold Dean
tract and the Southwest comer of a called 643298 ace tract of land dwafbad In the Deed tram Ron
Redit Trustee of the Nary Lou Ramp Grwft Tnrst to Dan Reding as recorded in Volume 44K Page
2tf W of said Real Praparpr Reow te;
THENCE North 88 degrees 59 mtmrtm 28 seconds East wth the South Urn flares( and the Nam Bne of
uld D= ha the East ]fie of s~ aaand near a form a dularice of 421M 21 vey for the Soutmad om a d =W feet to a wood fence amen post found our
Dean tact and bathg an the West line of a Reft tract and the NoNfeast Connor of said
gravel road pouted w Indian WahOs;
T)MNCE South 00 degrees 42 mhutes 54 eeaahda Ent with the wet late hared and the Eon In of
sold sar M and the Fast We of said Dean tract along and near a double Mae a distance of 2M.70 feet
tq capped 112 trhFih can rod sad In the band of an asphalt road pasted as &lb* Springs Road and
mrnaae to sadd Indian Wa Road far On Southeast ow-m of solid Dear took
THENCE South 89 dahpos 05 mtu An 32 sacords Wad with ft Smdh I ne theraof W d hdafg or near
the middle of sold Gdbbte Spr4rgs Road pnft an arde to the Northwest In said road at 2702 het and
ooatnhring MNV said t oum s toW distance a 5028.02 feet to a capped in hhch tan rod set In a fence In
the occupied west line of said surrey lar the Smu mmat canna of sold Dann (t*'
THENCE North 00 degrees 67 maf Mw 28 seconds West with the Walt the thered pahesbhg said armhle
Springs Road bt 43 feet and =MV o1mv said mm a total distance of 1984.22 feet to malel IWM
Coma' post fond far to Northeast comer da chard 16.00 shoe tract of land described in the Deed to
Babble J. Trfetach ale recorded In VoMane.SM Page 40 of Bald Real Property Rea:m*
THENCE South 89 degrees. 23 mbsutes 19 seconds West Wth the Ncrth lbhe tlhereot sad a South tun of
sold Dash tractabV and now a fanoe a dbhance d 125LT0 (set too xrte fans Corner post far tfe most
We§tery Southwaet cornier of said Daiara tract hsrhd the Soirtiafaiet eorrher d s WBed O.B81 saes trod of ferfd
described in the Deed from Mortgage t3afctonia Ragtetratoe Systems, I= to HaA ahdd Rom Corp. Ip
as recorded in bh irmard Nufter 2OO 44= of Bald Reef PmpwV Records; .
THENCE North 00 degrees 48 maades 60 saucada West with the East One thered told s West line d eold
Dean tract along ahrd treat a fw= o theta= of 407.71 feet to a 618 tfdh ion rod fond fa the.blorth . .
comer of sold 0.881 we tract In the East Me of said FM x184 at the beghft of a saw to the left
heft a rv&A of 65M a feat and a chard beartrag and dMar>oe of North 00 dargroea 50 mhutas 28
THENCE &bV Sala curve with setd East One of FM 2184 an are dlstan o of 122.98 fad is a wood ROW
rthahrlcer, .
THENCE North 00 degrees 67 mtsdes 01 se=Kb West wt h the East ll a of FM 2184 and a West One of
said Dian trail a dWlvm of MM feet m the PLACE OF BEGINNING and ww1ca fp 219A78 arses of
land mare a less.
Page 6
l aal Description 6f the White Cake Property
391.606 ACRES
BEING a 13,573,541 square feet or a 311.606 acre trad of land situated In the P. Yarbrough
Survey, Abstract 1447 the J. Morton Survey, Abstract 792, the J.W. Jagoe Survey, Abstract
1640, and the W. Norment Survey, Abstract 965, Denton County, Texas, and being part of a
called 623.21 acre tract of land. conveyed to White Cake Denton, LP by deed recorded In
County Clerk File No. 05-141620, Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point in the east line of Farm Market Road 2164 (FM 2164), said point
being the southwest comer of Wild West Addition -recorded Cabinet G, Page 150, Plat
.Records of Denton County, Texas and the most westerly northwest comer of the said White
Cake Denton, L.P. tract..
THENCE, N 89046'44' E, departing the east line of FM 2164 and with the south line of the
.said Wild West Addition and the north line of the said White Cake Denton, L,P tract, a
distance of 1,385.03 feet to a point for a comer;
THENCE, S 0012'04' W, departing the north line'of the said White Cake Denton, L.P. tract,
a distance of 2,807:44 feet to. a point for a comer,
THENCE, N 89°4452' E, a distance of 1,592.14 feet to a point for a comer in the east. line of
the said White Cake Denton, L.P tract and the west line of a called 21.929 acre tract of land
conveyed to Gregory Egner, Jr. -by deed recorded in County Clerk File No. 96-0049242,
Deed Records of Denton County, Texas;
THENCE, S -00°02'21° W, a distance of 1,829.44 feet to a point for a comer, said point
being the most southerly southeast comer of the said White Cake Denton, LP tract and the -
northeast comer of a called 219.73 acre tract of land conveyed to JNC Partners Denton,
LLC by deed recorded in. County Clerk File No. 06-39463, Deed Records of Denton County,
Texas;
THENCE, S 89°44'52" W, with the south line of the said White Cake Denton, L.P. tract, a
distance of 4,292.79 feet to *a point for a comer east line of Farm Market Road 2164 (FM
2164), said point being the southwest comer of the said White Cake Denton, LP tract and
the northwest comer of the said JNC Partners Denton, LLC tract;
THENCE, the following courses and distances with the with the east line of FM 2164:
N 01°34'03' E, a distance of 1,147.:12 feet to an angle point;
N 15°3613' E, a distance of 103.08 feet to an angle point;
Page 7
r
N 01 °34'03' E, a distance 01 951-10 feet to the beginning of a curve to the right
with a central angle of 17026'23', a radius of 1,078.30 feet, a chord bearing of N
08°28'31' E and a chord distance of 326.34 feet,
Northeasterly, along said curve, an are distance of 327.60 feet to the end of said
curve;
N 06°36'33" E. a distance of 101.94 feet to the beginning of a curve to the right
with a central angle of 331147293, a radius of 1,101.30 feet, a chord bearing of N
39017'35' E and a chord distance of 640.14 feet;
Northeasterly, along said curve, an- are distance of 649.51 feet to. the point of
tangency;
N 58°00'31 E, a distance of 404.80 feet to the beginning of a curve to the left with
a central angle of 55017'01', a radius of 1,186.30 feet, a chord bearing of N.
28032'50' E and a chord distance of 1,100.75 feet
- Northeasterly, along said curve, an arc distance of 1,144.64 feet to the point of
tangency; .
N 02°43' 01" E, a distance of 333.40 feet to the Point of Beginning.
311.606 ACRES
BEING a 13,573,518 square feet or a 311.505 acre tract of land situated in the P. Yarbrough
Survey, Abstract 1447 the J. Morton Survey, Abstract 792, the J.W. Jagoe Survey, Abstract
1640, and the W. Norment Survey, Abstract 965, Denton County, Texas, and being part of a
called 623.21 acre tract of land conveyed to White Cake Denton, LP by deed recorded in
County Clerk File No. 2005-141820, Deed Records of Denton County, Texas, and being
more particularly described as follows:
COMMENCING at a point in the east line of Farm Market Road 2164 (FM 2164), said point
being the southwest comer of Wild West Addition recorded Cabinet G, Page 150, Plat
Records of Denton County, Texas and the most westerly northwest comer of the said White
Cake Denton, L.P. tract; Thence, N 89°46'44° E, departing the east line•of FM 2164 and
with the south line of 'the said Wild West Addition and the north line of the said White Cake
Denton, L,P tract, a distance of 1,365.03 feet to the Point of Beginning;
THENCE, N 89046'44' E' continuing vAth the south line .of the said Wild West Addition, a
distance of 200.01 feet to a point for a comer, said point being the southeast comer of the
said Wild West Addition;
THENCE, N 00012'04' E, with the east line of the said Wild West Addition, a distance of
1,460.86 feet to a point for a comer, said point being the most northerly northwest comer of
the said White Cake Denton, L.P. tract;
THENCE, N 89048'35' E. a distance of 2,690.63 feet to a point for a comer, said point being
the most northerly northeast comer of the said White. Cake Denton, L.P. tract and the
northwest comer of a called 10.183 acre tract of land described in deed recorded in County
Clerk File No. 2003-203333, Deed Records of Denton County, Texas;
THENCE, S 00°23'08' E, with the west line of the said 10.186 acre tract, a distance of
1,175.51 feet to a point for a comer;
THENCE, N 89048'35' E, with the south line of the said 10.186 acre tract, a distance of
741.12 feet to an angle point; .
THENCE, N 89°24'17"E, continuing with the south line. of the said 10.186 acre tract, a
distance of 5.09 feet to a point for a comer; said point -being the most easterly northeast
comer of the said White Cake Denton, L.P. tract and the most westerly northwest comer of a
called 1898.19 acre tract of land conveyed to JNC Partners Denton, LLC by deed recorded
in Document No. 2004-51648, Deed Records of Denton County, Texas;
THENCE, S 00°01'41' W, a distance of 2,750.28 feet to a point for a comer, said point being
the northeast comer of a called 44-3118 acre tract of land conveyed to Gregory; Jr. by deed
recorded in County Clerk Fife No. 96-0049242, 'Deed Records of Denton County, Texas and
the southeast comer of the :said Morton survey;
THENCE, N 88042'20' W, with the north line of the said Egner tract, passing the northeast
comer of a called 21.929 acre tract of land conveyed to Gregory Egner, Jr. by said deed
recorded in County Clerk File No. 96-0049242, Deed Records of Denton County. Texas,
continuing in all a distance of 2,069.34 feet to a point for a comer,
THENCE, S 00°02'21' W, with the west line of the Egner tract, a distance of 466.61 feet to a
point for a comer
THENCE, S 89044'52" W, a distance of 1,592.14 feet to a point fora comer,
THENCE, N 00012'04" E, a distance of 2,807.44 feet to the Point of Beginning.
Page 9
EXIMIT B
CITY OF DENTON SERVICE PLAN FOR
A08-0001 JNC Properties Annexation
1. AREA ANNEXED
The area to be annexed comprises approximately 865.92 acres of land adjacent to the City of
Denton, Texas, located in the northeastern area of the City's Extraterritorial Jurisdiction
(ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two
distinct areas, as shown on the attached location map. The first area (annexation area #1) is
approximately 23.23 acres in size and is generally located between the City's current
northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation
area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of
Shepard Road.
H. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in accordance with the following plan. The City shall provide the annexed
tract the levels of service, infrastructure, and infrastructure maintenance that are comparable
to the levels of service, infrastructure, and infrastructure maintenance available in other parts
of the city with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions,
will be provided to the property upon the effective date of the annexation using
existing personnel and equipment. Code enforcement and animal control services
will also be provided to the property upon the effective date of the annexation.
Additional personnel and equipment will be needed to serve the area, if developed
as proposed.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the property upon the effective date of the annexation.
The estimated emergency response time in this area is 10 minutes, which is
similar to responses for surrounding properties within the city limits. The City of
Denton will provide emergency medical services ("EMS").
Page 10
D. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted
by the City of Denton and/or Denton County, shall be maintained by the City of
Denton on the effective date of the annexation. Maintenance of street signs, street
lighting and traffic control devices will commence by the City of Denton on the
effective date of the annexation.
E. Parks and Recreation Facilities
There are few residents in the area to be annexed, and no parks are currently
located within the proposed annexation area. Denton neighborhood park facilities
are located within four miles of the proposed annexation area. Residents of the
proposed annexation area will be able to use existing City of Denton park and
recreation facilities and programs. As the land develops, the City will evaluate
the need for park and recreational facilities in accordance with the 2000 Parks and
Recreation Master Plan and applicable city ordinances.
F. Library Services
Library services will be made available on the effective date of the annexation on
the same basis and at the same level as similar library facilities are maintained
throughout the city.
G. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a
"cost recovery" basis, and permit fees offset the costs of services delivered.
Incomplete construction must obtain building permits from the Building
Inspections Department of the City of Denton.
H. Planning and Development Services
Planning and development services will be made available on the effective date of
the annexation. The Planning and Development Department currently services
this property by way of administration of the Development Code, concerning
subdivision and land development regulations.
Page 11
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial Solid Waste
service provider within Denton's city limits. The City Ordinance requires Solid
Waste services for all residences and commercial businesses located in the City.
The City of Denton Solid Waste Department is fully funded through the service
fees charged, and receives no funding from city tax revenues. Solid waste refuse
collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation.
All residential homeowners and commercial businesses should telephone the City
of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate
service.
Residential Solid Waste Services
Each residential customer will be provided a 60-gallon wheeled, green refuse cart,
which will be serviced one time per week. Upon request, a smaller or larger refuse
cart can be provided. Residents are required to place their refuse cart(s) at the
curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb
for collection no earlier than 6:00 p.m. the evening prior to their collection day.
Carts are to be removed from the curb no later than 6:00 a.m. on the day
following their collection day. All refuse placed in the cart for collection must be
bagged to eliminate wind blown debris and littering. Refuse that is not placed in
the cart with the lid closed will not be collected. Additional carts may be provided
for an additional monthly charge.
Weekly yard waste service is provided.
Weekly curbside recycling services with each residential customer being provided
a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste
Services.
Household Chemical Collection provided once per week upon request
Each residential customer's refuse cart service, curbside-recycling service, yard
waste collection service, and household chemical collections will occur on the
same day each week. Please telephone Solid Waste Field Support Operations,
940-349-8080 to obtain information or find out which day your refuse, yard
waste, recyclables, and household chemicals will be collected.
Commercial and Industrial Refuse and Recycling Services
Each commercial and/or Industrial business will be provided with a commercial
container(s). They are available in a variety of sizes and frequencies of collection,
Page 12
based on the waste materials types and volumes generated. All refuse placed in a
commercial refuse container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with the lid
closed (front load containers only) will not be collected. All refuse placed outside
any container is subject to code enforcement regulations, including potential fines.
For placement of a commercial recycling container, please contact Solid Waste
Field Support Operations, 940-349-8080, to have a recycling coordinator visit -
your site to perform a recycling materials audit in order to determine the various
materials available for recycling at your site. All recyclables shall be placed in
recycling containers without being bagged.
Landfill Services
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00
p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For
information regarding landfill disposal charges or other services, call the Landfill
Office at 940-349-8041.
B. Water/Wastewater Facilities
The annexation area is along the northeastern border of the City of Denton. The
annexation property is located within Denton's wastewater Certificate of
Convenience and Necessity (CCN), which is a utility service area permit
authorizing a specified utility to be the retail service provider. The water CCN
holders for the annexation property include the City of Denton, Bolivar Water
Supply Corporation and Green Springs Water Supply Corporation.
Currently, the area to be annexed is provided water service by Bolivar Water
Supply Corporation, Greens Springs Water Supply Corporation or private water
wells. Wastewater service is currently provided by individual private onsite
wastewater systems (septic tanks and aerobic spray irrigation systems).
There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity
to the area to be annexed. Water service is available from this transmission
pipeline to provide both potable water and fire-flow at designated connection
points that were designed into the pipeline upon acquisition of the right to serve.
The City of Denton has plans to construct a new wastewater treatment plant in the
Clear Creek watershed to provide wastewater service to this portion of their
wastewater CCN. The City has obtained a wastewater discharge permit from the
TCEQ for this facility. Construction of this facility however is currently not
included in the 5-year capital improvement plan.
The City shall provide a level of water and wastewater service, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
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with similar topography, land use, and population density based on current land
use.
The service plan shall be amended to provide for extension of water mains (upon
acquisition of the right to serve) from existing and planned facilities as
development occurs within the area in conformance with standard extension
regulations and rules, which require extension at the initial expense of the
property owners, subject to and consistent with the City's participation policies,
Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of
the annexation. The City shall provide a level of drainage services, infrastructure;
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with topography, land use, and population density based on current land use. The
plan may be amended, however, as development occurs.
D. Electrical Services
CoServ is certified by the State to provide electric utility service to the annexation
area.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation. The
City shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected in the area. .
VI. CAPITAL IMPROVEMENTS PROGRAM (CIF)
No new construction of additional water, sewer, street, and drainage facilities is
contemplated within the annexed area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Thus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
''/2) years after the effective date of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
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VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the 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 are considered a
sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service
plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this service plan unworkable
or obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056 (Vernon Supp. 2000).
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