2006-364
S:\Our Documents\Ordinances\06\A06.0004.doc
ORDINANCE NO, 2 {J tJG -, 3~ t./
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
33 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY NORTH OF US 380 AND
WEST OF MASCH BRAND ROAD AND LEG ALL Y DESCRIBED AS LOT 2 OF THE
MARRIOTT GARDEN ADDITION, AS RECORDED IN CABINET N, PAGE 230, PLAT
RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE, (A06-0004)
WHEREAS, Pursuant to Section 43,061 of the Texas Local Government Code, et seq"
home rule cities are authorized to annex areas that are not required to be in an annexation plan;
and
WHEREAS, on or about October 25, 2006, the Planning and Zoning Commission
recommended approval of the annexation; and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this annexation is voluntary and is being made under Subchapter C-l of
Chapter 43 of the Texas Local Government Code; 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 October 17, 2006, and October 24, 2006, (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 ofthis ordinance at a meeting of the City Council November 14, 2006; and
,
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WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on November 18, 2006, 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:
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 a1mex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance,
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SECTION 5: This ordinance shall become effective immediately upon its passage and
approval. i
I tfh
PASSED AND APPROVED this the jq day of\. /Y(!p m /')er, 2006,
€~L~~OP
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Cfm hdzf2A;UJJl1j aut,
~
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EXHIBIT "A"
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING PART OF
THE W, BRYAN SURVEY, ABSTRACT NUMBER 148 AND THE S, HUIZAR SURVEY,
ABSTRACT NUMBER 514 AND BEING ALL OF LOT 2, BLOCK 1 OF THE MARRIOTT
GARDENS ADDITION AS RECORDED IN CABINET N, PAGE 230, PLAT RECORDS,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING at a point being the southwest comer of Lot 2, Block 1, of said Marriott Gardens
Addition and being on the northern boundary line of the existing Denton city limits as
established by Ordinance No, 86-23;
THENCE North along the west line of Lot 2, Block I, of said Marriott Gardens Addition, a
distance of 1,371.66 feet to a point for a comer being the northwest comer of said Lot 2;
THENCE South 89 degrees 48 minutes 00 seconds East along the north line of said Lot 2, and
passing at a distance of 901.47 feet the southeast comer of said Lot 2 and west right of way line
of Masch Branch Road, and continuing a tota} distance of 987 feet to a point for comer on the
east line of said road;
THENCE South along the east line of said Masch Branch Road a distance of 2,603 feet to a point
for a comer being on the north line of the existing Denton city limits as established by Ordinance
69-40;
THENCE West along the north line of said existing Denton city limits a distance of 34,5 feet to a
point for a comer and being on the east line of the existing Denton city limits as established by
Ordinance 74-36;
THENCE North along the east line of said exi~ting Denton city limits, a distance of 200 feet to a
point for a comer being the northeast comer of said existing Denton city limits;
THENCE West along the north line of said eX,isting Denton city limits, a distance of 30 feet to a
point for a comer in the west line of said roac!, said point also being the southeast comer of the
existing Denton city limits as established by Ordinance 85-29;
THENCE North along the west line of said road and along said existing Denton city limits, and
passing at a distance of 472 feet the northeast comer of said existing Denton city limits also
being the southeast comer of the existing Denton city limits as established by Ordinance 86-23,
and continuing along said existing Denton city limits for a total distance of 1,028,10 feet to a
point for a comer, said point being the northeast comer of the existing Denton city limits as
established by Ordinance 86-23;
THENCE North 89 degrees 35 minutes 00 seconds West along the north line of said Denton city
limits, and passing at a distance of 21 feet the southeast comer of said Lot 2, and continuing
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along said Denton city limits and along the south line of said Lot 2 for a total distance 922.49
feet to the POINT OF BEGINNING and containing 32,8 acres of land,
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EXHIBIT "B"
CITY OF DENTON ANNEXATION PLAN FOR
A06-0004 (Lot 2 of the Marriott Garden Addition)
H
I, AREA ANNEXED
THE ANNEXATION AREA IS LOCATED IN THE NORTHWESTERN PORTION OF
DENTON'S EXTRATERRITORIAL JURISDICTION AND CONTAINS.
,
APPROXIMATELY 33 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF HAMPTON RD AND MASCH BRANCH ROD::
INTERSECTION AND LEGALLY DESCRIBED AS LOT 2 OF THE MARRIOTT .
GARDEN ADDITION AND ASSOCIATED RIGHT-OF-WAY.
"
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)-(0) (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, and Animal Control
Police service, including patrolling, response to calls, and other routine functions, i,
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 7,5 minutes, which is
similar to responses for surrounding properties within the city limits, 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,
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D. Parks and Recreation Facilitirs
Parks and recreational facilities ill 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 located 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,
F, 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 Development Code, Chapter 35 of
the Code of Ordinances, c,onceming 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 tracts contain Employment
Centers and 100-Year Floodplain! Environmentally Sensitive Areas, The Denton
Plan designates future land uses to manage the quality and quantity of growth by
organizing the land use patterris, 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, The Department is an entirely fee based operation
and received no resources from taxes, Solid waste collection service will be
provided to the property upon the effective date of the annexation using existing
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personnel and equipment. The City of Denton Solid Waste Department will
honor existing contracts with private solid waste service providers after the
effective date of this annexation in accordance with Texas Local Government
Code, Section 43,056(0) (Vernon Supp, 2000),
,
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 fuily 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, 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 elimimte wind blown deb11s 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 y~rd waste service will occur on Monday of each
week. Please telephone Customer Service, 940-349-8787, to answer any
remaining questions, and sign up for service,
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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 I
The City of Denton Solid Wast~ 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, WaterIWastewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed that are
not within the service area of another water or wastewater utility will begin upon
the effective date of the annexation using existing personnel and equipment.
Existing City of Denton water and sewer lines are located along the boundaries of
the annexation area, The City will provide a level of water and wastewater
service, infrastructure, and inf~astructure 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 maintenanc~ 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
Denton Municipal Electric is c;ertified 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, Denton Municipal Electric and TXU are the
current electric service providers for this site,
,
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
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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 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
Yz) 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, lan~ 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 i',fthe 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, 200Q),
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