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2008-137s:\our documents\ordinances\08\a07-0006.doc ORDINANCE NO: WL129 /L-5 17 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING BY CONSENT TRACTS OF LAND CONSISTING OF APPROXIMATELY 484.84 ACRES, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST SIDE OF LOCUST STREET AND SOUTH OF MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A07-0006) 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 March 12, 2008, the Planning and Zoning Commission recommended approval of the voluntary annexation legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, this annexation is 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 that the Property owner has consented to this annexation; and WHEREAS, public hearings before the City Council were held in the Council Chambers on April 1, 2008, and April 15, 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 May 6, 2008; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on May 11, 2008, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and 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: s:A0ur documents\nrdinancesV08\a07-0006.doc SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Property is hereby annexed to the City of Denton, Texas, with the owner's consent. 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 / 7=day of 2008. 4W, WZ PERRY cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D A TO LEGAL FORM: EXHIBIT A BEING a 484.8433 acre tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 38.3235, and part of those certain called 123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007-61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively, in the Official Records of Denton County, said 484.8433 acre tract being more particularly described as follows: COMMENCING at a capped 5/8" iron rod marked "CARTER BURGESS" found in the west line of F.M. 2164, at the northeast corner of that certain called 79.9261 acre tract described to DENTON 288, L.P. by Special Warranty Deed recorded as Instrument No. 2006-21489, Official Records of Denton County, also the southeast corner of aforementioned 5.0318 acre tract; THENCE N 89°02'13" W departing the said west line of F.M. 2164 and along the north line of said 79.9261 acre tract, a distance of 405.72 feet to the POINT OF BEGINNING of the herein described tract, in the west line of that certain City Limit tract described in Ordinance 94-121; THENCE N 89002'13" W along the north line of said 79.9261 acre tract, a distance of 2767.02 feet to a 1/2" iron rod found at the northwest corner of said 79.9261 acre tract; THENCE S 00°20'44" E along the west line of said 79.9261 acre tract, a distance of 582.00 feet to a 1/2" iron rod found for corner at the northeast corner of that certain called 91.0934 acre tract described to DENTON 288, L.P. by Special Warranty Deed recorded as Instrument No. 2006-56316, Official Records of Denton County; THENCE departing the west line of said 79.9261 acre tract and along the north line of said 91.0934 acre tract the following: N 88 049'45" W a distance of 1627.90 feet to a 1/2" iron rod found for corner; S 01 °27'08" W a distance of 144.68 feet to a fence corner post found for corner; N 88°47'17" W a distance of 245.52 feet to a fence corner post found for corner at the northwest corner of said 91.0934 acre tract and the northeast corner of that certain called 154.1246 acre tract described to DENTON 288, L.P. by Special Warranty Deed recorded as Instrument No. 2006-67448, Official Records of Denton County; Page 1 of 4 THENCE N 89`07'15" W a distance of 1838.29 feet to a fence corner post found at the northwest corner of said 154.1246 acre tract; THENCE S 00°32'20" W along the west line of said 154.1246 acre tract, a distance of 426.52 feet to a fence corner post found in the north line of that certain called 87.452 acre tract described to Rancho Vista Development Company by Special Warranty Deed recorded in Volume 2695, Page 465, Deed Records of Denton County; THENCE N 89°10'00" W along the north line of said 87.452 acre tract and the north lines of those certain called 19.23, 20.747, 10.80, and 19.23 acre tracts described in deeds recorded as County Clerk File No's. 96-R0003867, 97-R0003249, Instrument No. 05- 78217, and County Clerk File No. 93-R0075347, respectively, in the Official Records of Denton County, in all, a total distance of 2457.02 feet to the northwest corner of said 93- R0075347 tract, in the east line of that certain called 572.029 acre tract described in the aforementioned deed to Rancho Vista Development Company; THENCE N 01 008'35" E along the east line of said 572.029 acre tract, the east line of that certain called 160.6002 acre tract described to Joseph E. Stockard, et al by Substitute Trustee's Deed recorded in Volume 3290, Page 881, Deed Records of Denton County, Texas, and the east line of that certain called 0.844 acre tract described to Gerald E. Jungjohan by deed recorded in Volume 897, Page 413, Deed Records of Denton County, Texas, in all, a total distance of 2996.05 feet to the south line of F.M. 3163 (Milam Road); THENCE along the said south line of F.M. 3163 (Milam Road) the following: S 83°05'51" E a distance of 322.49 feet to the beginning of a curve to the left which has a central angle of 06°20'36", a radius of 2924.73 feet, and a chord which bears S 86°13'32" E - 323.64 feet; With said curve to the left, an arc distance of 323.80 feet to the end of said curve; S 89°26'15" E a distance of 4495.96 feet to a 1/2" iron rod with a plastic orange cap stamped "PIBURN PARTNERS" set for corner; THENCE S 02°25'33" W departing the aforementioned south line of F.M. 3163 (Milam Road), a distance of 531.34 feet to a 1/2" iron rod with a plastic orange cap stamped "PIBURN PARTNERS" set for corner; Page 2 of 4 THENCE S 89°05'56" E a distance of 50.02 feet to a metal fence corner post found at the southwest corner of those certain tracts described to Wallace R. and Sondra L. Trietsch - Trustees, by General Warranty Deed recorded as County Clerk File No. 98- 0112293, Official Records of Denton County, Texas; THENCE S 89°16'31" E along the south line of said Trietsch tract, a distance of 386.51 feet to a 1/2" iron rod with a plastic orange cap stamped "PIBURN PARTNERS" set for corner at the southeast corner of said Trietsch tract, in the west line of that certain tract described to Ricky Wayne Smith by Warranty Deed recorded in Volume 1027, Page 324, Deed Records of Denton County; THENCE S 02°50'11" W along the west line of said Smith tract, a distance of 40.47 feet to a 3/8" iron rod found at the southwest corner of said Smith tract; THENCE S 89°33'59" E along the south line of said Smith tract, a distance of 152.00 feet to a 3/8" iron rod found at the southeast corner of said Smith tract; THENCE N 02°28'07" E along the east line of said Smith tract, a distance of 572.86 feet to the aforementioned south line of F.M. 3163 (Milam Road), at the northeast corner of said Smith tract, from which a 1/2" iron rod found bears N 02°28'07" E - 0.54 feet; THENCE along the said south line of F.M. 3163 (Milam Road) the following: S 89°26'15" E a distance of 110.83 feet to a 1/2" iron rod found for corner; S 89°34'1 3" E a distance of 193.02 feet to a wooden TXDOT marker found; S 50°28'17" E a distance of 9.51 feet; S 8903415" E a distance of 88.00 feet to a wooden TXDOT marker found; S 89°34'21" E a distance of 138.73 feet to a 1/2" iron rod with a plastic orange cap stamped "PIBURN PARTNERS" set for corner; Page 3 of 4 S 87053'12" E a distance of 102.08 feet to a wooden TXDOT marker found; N 89 °28'22" E a distance of 359.29 feet to a wooden TXDOT marker found; S 89°34'18" E a distance of 233.70 feet to a wooden TXDOT marker found; S 89°43'11" E a distance of 40.00 feet to a wooden TXDOT marker found; S 89°43'11" E a distance of 343.40 feet to a wooden TXDOT marker found; S 89°38'17" E a distance of 171.65 feet to a wooden TXDOT marker found; S 89°34'32" E a distance of 210.00 feet to a wooden TXDOT marker found; S 89°11'22" E a distance of 480.00 feet to a wooden TXDOT marker found; S 89 011'22" E a distance of 20.00 feet to a wooden TXDOT marker found; S 89018'15" E a distance of 626.46 feet to the west line of aforementioned City Limit tract described in Ordinance 94-121; THENCE S 00°50'23" E departing the aforementioned south line of F.M. 3163 (Milam Road) and along the west line of said City Limit tract described in Ordinance 94-121, a distance of 1849.75 feet to the POINT OF BEGINNING and containing 21,119,773 square feet or 484.8433 acres of land, more or less. • Bearings are based upon that certain called 748.983 acre tract described in Special Warranty Deed recorded as Instrument No. 2006-12144, Official Records of Denton County, Texas. PIBURN & PARTNERS, LLC 3445 Highland Rd, Suite 205 Dallas, Texas 75228 (214) 328-3500 www. metrosurvevor.com Page 4 of 4 Location Map V 0 Fe 0 500 1,000 2000 EXHIBIT B CITY OF DENTON SERVICE PLAN FOR A07-0006 Hills of Denton North Annexation 1. AREA ANNEXED The annexation area is located west of Locust Street (FM 2164) and south of Milam Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(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(s) 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. Ill. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, 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. 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 6 to 9 minutes from Station #4 located at 2110 E. Sherman and Station #5 located at 2230 W. Windsor. The City of Denton will provide emergency medical services ("EMS"). C. 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. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are not within reasonably close distance 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. E. 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. This annexation will impact the current level of library services provided at the North Branch Library as it is in proximity to the service plan request. 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. G. 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 Denton Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Rural Areas land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. 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 bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the 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 will not be collected. Refuse placed outside the container is - subject to code enforcement regulations, including potential fines. Landfill Service 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 disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities There are no water and wastewater facilities in the area to be annexed. The City will 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 with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will 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 similar to those reasonably contemplated or projected in the area. D. Electrical Services CoServ Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service 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. 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 (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 V2) 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. 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).