2007-268sAour documents\ordinances\07\a07-0001 ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
139 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY'S
EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY WEST OF INTERSTATE 35
AT THE PROPOSED EXTENSION OF LOOP 288; APPROVING A SERVICE PLAN FOR
THE ANNEXED PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE. (A07-0001)
WHEREAS, Spring Brook Planning Group, on behalf of Westview Commercial LP has
requested voluntary annexation of 1279662 acres of land, legally described in Exhibit A,
attached hereto and incorporated by reference herein; and
WHEREAS, the City Council further wishes to include approximately 1.702 acres of
adjacent land owned by the City of Denton, platted as Lot 1, Block 1 of the Northwest Service
Area Elevated Storage Tank Addition, Denton County, Texas, depicted in Exhibit A-2, attached
hereto and incorporated by reference herein, within this voluntarily annexed portion; and
WHEREAS, the City Council further wishes to include approximately 9.1 acres of
adjacent, contiguous right-of-way held by the Texas Department of Transportation, which is
neither platted nor surveyed, but which would otherwise be entirely surrounded if not annexed at
this time; and
WHEREAS, for convenience of reference, the combined 139 acres proposed for
annexation, and depicted in Exhibit A-3, attached hereto and incorporated by reference herein,
shall hereinafter be referred to in this ordinance as the "Property"; 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 being made under Subchapter C-1 of Chapter 43 of the
Texas Local Government Code; and
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 August 8, 2007, the Planning and Zoning Commission
recommended approval of the annexation; 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 August 7, 2007, and August 21, 2007, (both days being on or after the 201h day but before the
40°i 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 September 11, 2007; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on September 16, 2007, 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 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 day of 2007.
PERR . McNEILL, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO AS T LEGAL FORM:
El
B)
EXHIBIT "A"
BEING all that certain lot, tract or parcel of land situated in the B. B. B. and C. R. R.
Company Abstract Number 141 and in the R. Whitlock Survey Abstract Number 1403 in
the City of Denton, Denton County, Texas, being a part of that certain (called) 112 '/2
acre "Tract Two-B" and being a part of that certain (called) 109 '/z acre "Tract Two-C" of
land conveyed by deed from Ella Barthold to Ella Barthold Living Trust recorded in
Volume 4037, Page 1742, Real Property Records, Denton County, Texas and being
more particularly described as follows:
COMMENCING at a right-of-way post for corner in the west line of Interstate Highway
Number 35, a public roadway, said point being the northeast corner of that certain
"Tract One" of land conveyed by deed from Cornelia C. Harris to Robert Woodson
Harris recorded under Clerk's File Number 97-R0085336, Real Property Records,
Denton County, Texas;
THENCE N 88° 58' 01" W, 600.00 feet with the north line of said Harris "Tract One" to
an iron rod set for PLACE OF BEGINNING in the Denton City limit line;
THENCE N 88° 58' 01" W, 3095.01 feet with said north line of said Harris "Tract One" to
an iron rod found for corner in the east line of the Gulf, Colorado and Santa Fe Railroad
Company right-of-way;
THENCE N 22° 46' 21" W, 1860.04 feet with said east line of the Gulf, Colorado and
Santa Fe Railroad Company right-of-way to a right-of-way marker post for corner in the
south line of Farm-to-Market Highway Number 1173, a public roadway;
THENCE S 87° 39' 59" E, 1634.99 feet with said south line of said Farm-to-Market
Highway Number 1173 to a right-of-way marker post for corner;
THENCE S 84° 33' 28" E, 100.64 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for corner;
THENCE S 88° 37' 44" E, 401.49 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for corner;
THENCE S 88° 07' 35" E, 99.83 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for corner;
THENCE S 89° 19' 54" E, 1536.39 feet with said south line of said Farm-to-Market
Highway to an iron rod set for corner in said Denton City limit line;
THENCE S 01 ° 29' 19" E, 816.77 feet with said Denton City limit line to an iron rod set
for corner in the north line of that certain (called) 1.702 acre tract of land conveyed by
deed to the City of Denton;
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THENCE N 88° 37' 46" W, 41.45 feet with said north line of said City of Denton tract to
an iron rod found for corner, said point being the northwest corner of said City of Denton
tract;
THENCE S 01 ° 24' 03" W, 309.02 feet with the west line of said City of Denton tract to
an iron rod found for corner in the north line of United States Loop Highway Number
288, a public roadway;
THENCE S 78° 12' 19" W, 292.02 feet with said north line of said U. S. Loop Highway to
a right-of-way monument for corner;
THENCE S 00° 57' 51" W, 324.68 feet with the west line of said U. S. Loop Highway to
a right-of-way monument for corner;
THENCE S 79° 27' 59" E, 366.21 feet with the south line of said U. S. Loop Highway to
an iron rod set for corner in said Denton City limit line;
THENCE S 01° 28' 55" E, 94.73 feet with said Denton City limit line to the PLACE OF
BEGINNING and containing 127.967 acres of land.
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EXHIBIT A-2
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LOCATION MAP
EXHIBIT A-3
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EXHIBIT "B"
CITY OF DENTON ANNEXATION PLAN FOR
A07-0001 - Westview Commercial
1. AREA ANNEXED
THE ANNEXATION AREA IS LOCATED IN THE NORTHWESTERN PORTION OF
DENTON'S EXTRATERRITORIAL JURISDICTION AND APPROXIMATELY 129.6
ACRES OF LAND AND ADJACENT STREET RIGHT-OF-WAY FOR LOOP 288
CONTAINING APPROXMATELY 9.1 ACRES GENERALLY LOCATED WEST OF
INTERSTATE 35 NORTH AT THE PROPOSED EXTENSIONOF LOOP 288.
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 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,
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 3.5 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.
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 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 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 Neighborhood
Centers 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. 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
personnel and equipment. To receive solid waste collection service, the customer
must contact the City of Denton Customer Service Office and submit a
request/application for service.
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Residential Solid Waste Services
Each residential address will '6e 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 on 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 water facilities and no 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 that is available in other parts of the
city with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
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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.
No specific drainage improvements that require local funding are identified.
After annexation drainage improvements for development will be subject to the
requirements of City Code Chapter 30 Flood Prevention and Protection and
Subchapters 17 and 19 of the city of Denton Development Code Chapter 35. The
property is on a ridge in the northern part drains north forming the headwaters of
the tributary to Milam Creek; and the southern part drains south being the
headwaters of DF-2 , a major tributary of the Hickory Creek watershed. Property
development will create increased runoff into these tributary creeks, and either
on-site storm water detention facilities or downstream channel and bridge
improvements will be required as the property develops and will be developer
funded. As this area develops; the existing capacity of the PEC-1 culvert under
her the existing railroad could be exceeded, and a developer may have to provide
on-site detention or downstream channel and culvert improvements to prevent
adverse impacts to downstream properties.
D. Electrical Services
Denton Municipal 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. Denton Municipal Electric is the current
electric service provider 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
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
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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
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.
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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