2006-205
s:\Our Documents\Ordinanccs\06\A06~OOOl.doc
ORDINANCE NO. 2006- :Z0.1);
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF
INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE
ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE
PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF
FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE
CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, THE
JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W. BYERLY SURVEY,
ABSTRACT NO. 1458, THE J. DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN
SURVEY, ABSTRACT NO. 132, THE T. & P. R. R., ABSTRACT NO. 1292, THE A. C.
MADDEN SURVEY, ABSTRACT NO. 851, THE I. N. HEMBREE SURVEY, ABSTRACT
NO. 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM. NEILL SURVEY,
ABSTRACT NO. 970, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE T.
E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE 562.8
ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY
OF PART OF THE 640 ACRE "THIRD TRACT" DESCRIBED IN A DEED FROM T. E.
CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN
VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED
IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T.
COLE, DATED SEPTEMBER 26,1933, RECORDED IN VOLUME 243, PAGE 572, BOTH
DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY,
ABSTRACT NO. 1035, THE M. PAINE SURVEY, ABSTRACT NO. 1036, THE GEORGE
WEST SURVEY, ABSTRACT NO. 1393, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT
NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT NO. 989, THE J. T. EVANS SURVEY,
ABSTRACT NO. 411, THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE G. W.
PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY,
ABSTRACT NO. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED
IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST NO.1,
RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8
ACRE "FIRST TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T.
COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A
SURVEY OF THE 640 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET
AL TO M. T. COLE, DATED JANUARY 4,1935, RECORDED IN VOLUME 250, PAGE 121,
A SURVEY OF THE 429 % ACRE TRACT DESCRIBED IN A DEED FROM T. E.
CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28,1936, RECORDED IN VOLUME
256, PAGE 285,OF THE LIS PENDENS RECORDS OF DENTON COUNTY, TEXAS;
DENTON COUNTY, TEXAS; APPROVIN0 A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A06-0001)
WHEREAS, on or about January 30, 2006, the property owner, SLF Cole Property, LP,
(the "Petitioner") petitioned for voluntary annexation of approximately 3,406 acres of real
property located in the extraterritorial jurisdiction of the City of Denton, Texas legally described
in Exhibit "A", attached and incorporated herein by reference (the "Property"); and
:
WHEREAS, on or about April 26, 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 ofland 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 April 18, 2006, and May 2, 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 of this ordinance at a meeting of the City Council May 23,2006; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on May 28, 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"), and 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 thi's ordinance be held illegal for any reason, the
holding sha1l 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 a1l portions of the Property lawfu1ly
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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 /~ay of
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER;-CITY A TT/
By.k~~.I2. .
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EXHIBIT "A"
North Tract
DESCRIPTION 2049.00 ACRES
SITUATED in Denton County, Texas in the J. W. Kjellberg survey, abstract no.
1610, the James McDonald survey, abstract no. 873, the I.W. Byerly survey, abstract
no. 1458, the J. Dalton survey, abstract no. 353, the J. A. Burn survey, abstract no. 132,
the 1. & P. R. R., abstract no. 1292, the A. C. Madden survey, abstract no. 851, the I. N.
Hembree survey, abstract no. 594, the J. Bacon survey, abstract no. 1540, the Wm.
Neill survey, abstract no. 970, the B. B. B. & C.R.R. Co. survey, abstract no. 176, the T.
E. Carruth survey, abstract 1707, being a survey of part of the 562.8 acre "First tract", a
survey of the 798.2 acre "Second Tract", a survey of part of the 640 acre "Third Tract"
described in a deed from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931,
recorded in Volume 238, Page 410, a survey of part of the 415 acre tract described in a
deed from Rudy Copeland and wife, Mary A. Copeland to M. T. Cole, dated September
26, 1933, recorded in volume 243, page 572, both deeds of the Denton County deed
records, being described by metes and bounds as follows:
BEGINNING at an Yz-inch iron pin found at the northwest corner of said 798.2
acre tract in the center of Tom Cole Road (east-west asphalt road) and C. Wolfe
Road(rock road) from the south;
THENCE South 880 55' 44" East, generally with the center of said Tom Cole
Road, 4685.36 feet to an "x" cut in a concrete bridge;
THENCE North 890 43' 13" East, generally with the center of said Tom Cole
Road,
2521.29 feet to a 'X-inch iron pin set in place of a nail found at the northeast corner of
said 798.2 acre tract;
THENCE South 000 23' 40" West, with the east line of said 798.2 acre tract and
generally near an old fence, 1865.00 feet to an Yz-inch iron pin set by a corner post at
the east-southeast corner of said 798.2 acre tract; same being in the north line of said
640 acre tract;
THENCE South 880 52' 00" East, with the north line of said 640 acre tract and
generally near an old fence, 1616.90 feet tp an Yz-inch iron pin set near a corner post at
the northwest corner of the 24.73 acre "Tract One" recorded in volume 871, page 137;
THENCE South 010 OT 58" West, with the west line of said 24.73 acre tract and
generally near a fence, 950.05 feet to an Yz-inch iron pin found at the west-southwest
corner of said 24.73 acre tract;
THENCE South 880 58' 35" East, with a south line of said 24.73 acre tract,
144.97 feet to an Yz-inch iron pin found at an inside corner of said 24.73 acre tract;
THENCE South 010 05' 17" West, with a west line of said 24.73 acre tract and
with the west line of the 13.89 acre "Tract Two" in said volume 871, page 137, 699.86
feet to an Yz-inch iron pin found at the southwest corner of said 13.89 acre tract; same
being the northwest corner of the 31.107 acre tract recorded in clerk's file no. 94-71013;
THENCE South 090 20' 01" West, with the west line of said 31.107 acre tract,
1010.79 feet to an Yz-inch iron pin found at the southwest corner of said 31.107 acre
tract;
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THENCE South 880 53' 58" East, with the south line of said 31.107 acre tract,
1499.78 feet to an Yz-inch iron pin found at the southeast corner of said 31 .107 acre
tract;
THENCE North or 10' 06" West, with the east line of said 31.107 acre tract,
1009.80 feet to an Yz-inch iron pin found at the northeast corner of said 31.107 acre
tract; same being the southeast corner of said 13.89 acre tract;
THENCE North 010 06' 57" East, with the east line of said 13.89 acre tract and
an east line of said 24.73 acre tract 699.98 feet to an Yz-inch iron pin found at an inside
corner of said 24.73 acre tract;
THENCE South 880 52' 57" East, with a south line of said 24.73 acre tract,
144.76 feet to an Yz-inch iron pin found at the east-southeast corner of said 24.73 acre
tract;
THENCE North 01004' 51" East, with the east line of said 24.73 acre tract,
629.19 feet to an Yz-inch iron pin found at the northeast corner of said 24.73 acre tract;
THENCE North 890 25' 26" East, with the south line of the Southeast Airport
Addition recorded in volume G, page 295 of the Denton County Plat Records, 1534.00
feet to an Yz-inch iron pin found at the southeast corner of said Airport addition, in the
center of Westcourt Road(north-south asphalt road);
THENCE South 000 38' 25" West, with an east line of said 415 acre tract and
generally with the center of said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin
found at an inside corner of said 415 acre tract;
THENCE North 890 48' 14" East, generally along Spring Side Road, 870.00 feet
to an Yz-inch iron pin found at the northwest corner of the 10 acre tract recorded in
volume 971, page 251;
THENCE southerly along the east side of Underwood Road(north-south asphalt
road) as follows:
South 00011' 34" East, 646.53 feet to a 5-inch pipe corner post;
South 000 48' 00" East, generally near a fence for part of the way, 645.16
feet to a 5-inch pipe corner post;
South 000 41' 32" East, 547.42 feet to a 5/8-inch iron pin found at the
north-northwest corner of the 76.768 acre tract recorded in volume 1166,
page 235;
South 000 00' 11" West, with a west line of said 76.768 acre tract and
generally near a wood fence for part of the way, 344.00 feet to an Yz-inch
iron pin set at an inside corner of said 76.768 acre tract;
THENCE South 890 58' 11" West, with a north line of said 76.768 acre tract and
crossing said Underwood Road, 125.00 feet to an Yz-inch iron pin set at the west-
northwest corner of said 76.768 acre tract;
THENCE South 000 15' 42" East, with the west line of said 76.768 acre tract and
on the west side of said Underwood Road, passing the southwest corner of said 76.768
acre tract and continuing in all, 1561.35 feet to an Yz-inch iron pin found near said
Underwood Road; same being the north-northwest corner of the 96.85 acre tract
recorded in clerk's file no. 98-117450;
THENCE South 010 54' 54" West, with a west line of said 96.85 acre tract and
generally with said Underwood Road, 1205.51 feet to an one inch iron pin found at the
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an inside corner of said 96.85 acre tract; same being the southeast corner of said 415
acre tract; same being where said road turns west;
THENCE North 890 27' 33" West, with the south line of said 415 acre tract and
generally with the center of said Underwood Road, 1362.76 feet to an Yz-inch iron pin
set at the east-southeast corner of the 18.726 acre "Tract II" recorded in volume 489,
page 551 of the right-of-way of Farm Road No. 2449;
THENCE North 000 28' 37" East, with the east line of said 18.726 acre tract and
the right-of-way line of said Farm Road No. 2449, 45.00 feet to an Yz-inch iron pin set at
the northeast corner of said 18.726 acre tract;
THENCE with the north line of said 18.726 acre tract, the north right-of-way line
of said Farm Road No. 2449 and generally near a fence as follows:
North 890 31' 23" West, 2944.75 feet to an Yz-inch iron pin set;
South 890 46' 37" West, 7200.01 feet to an Yz-inch iron pin set;
North 840 30' 45" West, 100.50 feet to an Yz-inch iron pin set;
South 890 46' 37" West, 200.00 feet to an Yz-inch iron pin set;
South 840 03' 59" West, 100.50 feet to an Yz-inch iron pin set;
South 890 46' 37" West, 678.22 feet to an Yz-inch iron pin set;
North 440 49' 38" West, 39.98 feet to an Yz-inch iron pin set at the
northwest corner of said 18.726 acre tract; same being in the east line of
said C. Wolfe Road;
THENCE North 000 30' 56" East, with the east line of said C. Wolfe road and
generally near a fence, 1353.53 feet to an Yz-inch iron pin set;
THENCE North 890 32' 13" West, 17.14 feet to an Yz-inch iron pin set in the
center of said C. Wolfe road, in the west line of said 798.2 acre tract;
THENCE North 000 32' 15" East, with the west line of said 798.2 acre tract and
generally with the center of said C. Wolfe Road, 6972.35 feet to the PLACE OF
BEGINNING and containing 2049.00 acres.
South Tract
DESCRIPTION 1357.12 ACRES
SITUATED in Denton County, Texas in the S. Paine survey, abstract no. 1035,
the M. Paine survey, abstract no. 1036, the George West survey, abstract no. 1393, the
B. B. B. & C.R.R. Co. survey, abstract no. 176, the E.N. Oliver survey, abstract no. 989,
the J. T. Evans survey, abstract no. 411, the C. Manchaca survey, abstract no. 789, the
G. W. Pettingale survey, abstract no. 1041', the J. W. Kjellberg survey, abstract no.
1610, being a survey of part of 1.086 acre tract described in a deed from Maurine P.
Myers, et al to M. T. Cole Trust NO.1, recorded in Volume 1018, Page 453, being a
survey of part of the 562.8 acre "First tract" described in a deed from T. E. Carruth, et al
to M. T. Cole, dated December 22,1931, recorded in Volume 238, Page 410, a survey
of the 640 acre tract described in a deed from T. E. Carruth, et al to M. 1. Cole, dated
January 4, 1935, recorded in Volume 250, Page 121, a survey of the 429 :y., acre tract
described in a deed from T. E. Carruth, et al to M. T. Cole, dated March 28, 1936,
recorded in Volume 256, Page 285, all deeds of the Denton County deed records, being
described by metes and bounds as follows:
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BEGINNING at an Y2-inch iron pin set in a broke off Bois d'arc corner post at the
southwest corner of said 640 acre tract; same being in the east line of the 320.350 acre
tract recorded in clerk's file no. 99-67258; ,
THENCE North 000 35' 15" East, with the east line of said 320.350 acre tract and
generally near a fence, 3057.12 feet to a 5/8-inch iron pin found at the northeast corner
of said 320.350 acre tract;
THENCE North 890 23' 04" West, with the north line of said 320.350 acre tract,
153.52 feet to an Y:.-inch iron pin set in the west line of said 1.086 acre tract; same
being on the east side of H. Lively Road (rock road);
THENCE northerly with the east side of said H. Lively Road, with the west line of
said 1.086 acre tract and generally near a fence as follows:
North 490 11' 19" East, 31.80 feet to an Y:.-inch iron pin set;
North 060 29' 42" East, 103.71 feet to an Y:.-inch iron pin set;
North or 48' 12" East, 90.24 feet to an Y:.-inch iron pin set;
North 190 36' 29" East, 83.19 feet to an Y:.-inch iron pin set;
North 1 r 17' 59" East, 221.61 feet to an Y:.-inch iron pin set at the
northwest corner of said 1.086 acre tract;
THENCE South 890 52' 01" East, with the north line of said 1.086 acre tract,
17.07 feet to an Y:.-inch iron pin found at the northeast corner of said 1.086 acre tract;
same being in the east line of the 160.939 acre tract recorded in volume 1300, page
933;
THENCE northerly with the east line of said 160.939 acre tract, the east side of
said H. Lively road and generally near a fence as follows:
North 000 48' 45" East, 72.34 feet to an Y:.-inch iron pin found;
North 000 23' 31" East, 2695.55 feet to an 'h-inch iron pin set in the south
right-of-way line of Farm Road No. 2449;
THENCE easterly with the south right-of-way line of said Farm Road No. 2449
and generally near a fence as follows:
North 450 10' 52" East, 41.58 feet to an Y:.-inch iron pin set;
North 890 46' 37" East, 679.48 feet to an Y:.-inch iron pin set;
South 840 30' 45" East, 100.50 feet to an Y:.-inch iron pin set;
North 890 46' 37" East, 200.00 feet to an 60d nail set in top of a wood
right-of-way marker;
North 840 03' 59" East, 100.50 feet to an 'h-inch iron pin set;
North 890 46' 37" East, 1462.48 feet to an Y:.-inch iron pin found at the
northwest corner of the 18.28 acre tract recorded in volume 5, page 709 of
the Lis Pendens records of Denton County, Texas
THENCE South 000 16' 13" East, with an west line of said 18.28 acre tract and
generally near a fence 711.07 feet to an Y:.-inch iron pin found by a corner post at the
southwest corner of said 18.28 acre tract; ,
THENCE North 890 45' 23" East, with the south line of said 18.28 acre tract and
generally near a fence, 1119.68 feet to an 'h-inch iron pin found by a corner post at the
southeast corner of said 18.28 acre tract;
THENCE North 000 12' 56" West, with the east line of said 18.28 acre tract and
generally near a fence, 710.67 feet to an '(2-inch iron pin set at the northeast corner of
said 18.28 acre tract, in the south right-of-way line of said Farm Road No. 2449;
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THENCE North 890 46' 37" East, with the north right-of-way line of said Farm
Road No. 2449 and generally near a fence, 4616.62 feet to an %-inch iron pin set in an
east line of said 562.8 acre tract;
THENCE South 000 09' 33" West, with an east line of said 562.8 acre tract and
generally with the center of a rock road 1652.60 feet to an %-inch iron pin set at the
south-southeast corner of said 562.8 acre tract, where said road turns to the west;
THENCE North 890 28' 35" West, with the south line of said 562.8 acre tract and
generally with the center of said rock road, 254.68 feet to an %-inch iron pin set in place
of a 60d nail found at the north-northeast corner of said 429 :y. acre tract;
THENCE South 000 24' 30" West, with an east line of said 429 :y. acre tract and
generally near an old fence, 2169.07 feet to a Bois d'arc corner post found at the inside
corner of said 429 :y. acre tract;
THENCE South 890 56' 06" East, with a north line of said 429 :y. acre tract and
generally near the evidence of an old fence, passing an %-inch iron pin set by a corner
post at 3125.59 feet and continuing in all, 3151.06 feet to a point on the west edge of
John Paine Road(north-south rock road); same being in a west line of the 2329.49 acre
tract recorded in clerk's file no. 98-117450;
THENCE South 000 33' 24" West, with a west line of said 2329.49 acre tract and
with the west edge of said John Paine Road, 2545.07 feet to an %-inch iron pin found at
the southeast corner of said 429 :y. acre tract and an inside corner of said 2329.49 acre
tract;
THENCE North 890 47' 59" West, with the south line of said 429:y. acre tract, a
north line of said 2329.49 acre tract and generally near an old fence, 5406.60 feet to a
Bois d'arc corner post found at the southwest corner of said 429 :y. acre tract and a
northwest corner of said 2329.49 acre tract;
THENCE South 010 59' 48" West, with a west line of said 2329.49 acre tract and
generally near a fence, 92.25 feet to a Bois d'arc corner post found at an inside corner
of said 2329.49 acre tract and the southeast corner of said 640 acre tract; an one inch
iron pipe found bears South 8r 45' 56" East, 3.46 feet;
THENCE North 890 30' 24" West, with the south line of said 640 acre tract, a
north line of said 2329.49 acre tract and generally near an old fence for most of the way,
5806.65 feet to the PLACE OF BEGINNING and containing 1357.12 acres.
CERTIFICATION: ,
I, hereby certify that I made the survey on the ground on August 10, 2004, on the herein
described tract shown hereon and set corner stakes as reflected on the plat and that
only visible or apparent improvements on the ground are as shown on the survey; to my
knowledge, there are no visible or apparent encroachments, overlapping of
improvements or conflicts except as show~ on the survey plat.
Bruce Geer, Registered Professional Land Surveyor No. 4117
1512 W. University, Suite 300
McKinney, Texas 75069
(972) 562-3959
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EXHIBIT "B"
Service Plan
CITY OF DENTON ANl\'EXATION PLAt\" FOR
A06-0001 (Cole Ranch - I 35 and Tom Cole Road)
I. AREA Al\l'.'EXED
The annexation area is located in the southwestem portion of Denton's Extraterritorial Jurisdiction
and contains approximately 3.406.12 acres generally located west of Interstate 35 West, south of
Tom Cole Road.
INTRODUCTION
TIlis service plan has been prepared in accordance with the Texas Local Govenllilent Code,
Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended). ?\1unicipal facilities and
services to the annexed area described above will be provided or made available on behalf of the
City in accordance with rhe following plan. The City shall provide the annexed tract the levels of
service, infrastmCttlre, and infrastmcture maimenance that are comparable to the levels of sen.-ice.
infrastructure, and inti'astrucmre nwintenance available in other pans of the city with similar
topography, land use, and population density.
AD VALOREM (PROPERTY OWNER) TA.X 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 effecti\'e date of the annexation using existing
personnel and equipment. Code enforcement and animal COllU'ol ser\'ices will also be
provided to the property npon the elIective 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 10 minutes. which is similar to
responses for slUTo\lIlding properties within the city limits. TIle City of Denton will
provide emergency medical services ("EMS").
c:. Roads and Streets
Roads and streers. 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
elIective date of the annexation.
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D. Parks aud Re'Cl'f'atiou Facilities
Parks and recreational fncilitie5 in the area to be <Hlllexed will begin upon the effective
datlt of the annexation according to the 2000 Parks .met Recreation 1\.-taster Plan. No
parks are cuneutly located within the proposltd annexation area. Dentolllleighborhooc1
park faciliries are locared witbin reasonably close distance of the proposed annexation
area. Residents of the proposed annexation area will be able to use existing City of
Demon park and recreation t:1cilities and programs.
E. Library Senices
Library services will be made anilable on the effective date of the annexation on rbe
same basis and at the same level as similar library t:1cilities are maintained throughout
the city.
F. Bnilding InspectiollS 'lIld Consnmer Health Senices
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 llwintained throughont the City. Both services are provided on a "cost
recovery" basis. and pel1uit fees offset the costs of services delivered. Incomplere
conshl1ctioll111ust obtain building permits from the Building Inspections Depa11ment of
tbe City of Denton.
G. PI.llning and Denlopment SerTice,
Planning alld development services will be made available 011 rhe elIecrive date of rhe
mmexarioll. The Planning and Development Deparhllent currently sel'\'ices this
property by way of administration of the Denton Development Code of rbe Code of
Ordinances:, concltl1ling subdivision and land development regulations.
Ciry Council adopted The Denton Plan. tbe city's 1999-2020 comprehensive plan. by Ordinance 99-
439 on December 7.1999. The Furure Land U,e Plan addresses bor!J land in the city and it, ETJ. alld
the subject tracts contain Neighborhood Centers, Industrial Centers, Regional }.-'1ixed Use Centers~
Employment Centers and 100 year Floodplain.! Environmentally Sensitive Area~. The Denton Plan
desigllmes futlu'e land nses to manage the quality and quantity of growth by organizing the land USE
pmtenls. by matching land use intensity with available iufrastmcnm:, Jud by preserving t1ooc1plaills as
environmental and open space conidors. The Denton Plan will be used as a basis for final loning
classifications after the properties are annexed.
UTILITY IRA TEPA YER) SERVICES
H. Solid Waste Colleclton
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 110
resources limll taxes. Solid waste collection selTice will be provided to the property
upon the effective date of the ilI1I1exation Hsing existing personnel and equipment.
Residential and conlluercial propertie5 have the option to choose solid \vaste service
from a p11vate company or the City of Denton during the first two years after the
effective dare of OIUlexation. after which the Ciry of Denton will become the exclnsive
seryice provider. Thlt City of Denton Solid \Vaste Depmtmenl will honor existing
contracts with private solid waste service providers after the effective date of this
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annexation in accordance with Texas Local Govellunent Cocle, Section 43.056(0)
(Vemon Supp. 2000). To receive solid waste collection service. the customer must
contact the City of Denton Customer Service Ofl1ce and submit a request/application for
service.
I. Water/Wastewater Facilities
}'lailltemmce 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 atmexation llsing: existing persOlmel and equipment. Cunently. the
majority of the area to be mUlexed is provided with a private warer well mId a private
wastewater system. A City of Denton waterline exists in the 81111ex.ation area. The City
shall provide a level of \\Tlter and wastewater service. infrastl1lct\U'e~ and infrastnlcnlre
maintenance thnt is comparable to the le\'el of services, infrastl11cture. and infrast111chlre
mailltellance available in other parts of the city \\,ith topography, land use~ and
population density similar to those reasonably contemplated or projected in the area.
J. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of the
annexation, The City shall provide <1 level of drainnge services~ infrastmchlre: and
infrastructlm~ maintenance that is comparable to the level of services, iIlfi:astmctlUe~ and
infrastructm'e maintenance available in other parts of the city with topography, land llse.
and population density similar to those reasonably contemplated or projected in the
area.
K. Elecll'iral Senirrs
Denton Municipal Electlic is certified by the State and is obligated to proyide electric
utility service to the annexation area should a request be made by a property mHler.
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.
OTHER SERv1CES
Other services that may be provided by the City. such as 1l1unidpal and general administration
will be made available on the etJective date of the annexation. The City shall provide a level of
ser\'ices~ illfr3st:t1lCture~ and infrastl1.1cture maintenance that is comparable to the level of
selyices, infrastl1lcmre, and infrastl11crnre maintenance ,,'ailable in other pm1s of the City with
lopography. land use, and population density similar to those reasonably contemplated 01'
projected in the area,
II. CAPITAL IMPROVDIENTS PROGRAM (CIPI
No new constmctioll of additional ,vater. sewer~ street. and drainage facilities is contemplated
within the annexed area as a result of this JIU1exation because the allllexed area on the date of
mlllexation will have a level of fuJJ municipal services equal 10 other areas within the City
having similar characteristics of topography. land nse. and population density, Thus. no
cOIEtmction of public improvements is contemplated as , result of this annexation that would
begin within two and a half (2 V,) years after the effective date of the illUlexation. The City
shall consider constmcriOll of oth~r public improvements as the needs dictate on the S:flllle basis
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as such public improvements are considered throughoUT the City for areas having similar
characteristics of topography, land use, and population density,
UNIFORM LEVEL OF SERv1CES 1v1A Y NOT BE REOUIRED
Nothing in this plan ,hall require the City to provide a uniform level of full municipal sen'ices
to each area of the City, including the annexed area, if different characteristics of topography,
land use, and popularion density are considered a sufficient basis for providing different levels
of service.
TERM
This service plan shall be valid for a tenn of ten (10) years, Renewal of the service plan shall
be at the discretion of City Council,
AlI.1E1\'D11ENTS
The service plan may be amended if the City Council determines at a public hearing thar
changed conditions or subsequent occurrences make this service plan unworkable or obsolete.
The City Council may amend the service plan to confonll to the changed conditiOlls or
subsequent occurrences pursuant to rexas Local Goyer1111lent Code. Section 43,056 (Vernon
Supp, 2000),
AREED,
Q4..tf52~
Ilflvid Ilcnisoll}I\\'IlN' "
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Dale
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