2007-292s9our documents\ordinanees\07\a07-0005 rm.doc
ORDINANCE NO: 7 - a~ 'di
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TRACTS OF LAND
CONSISTING OF APPROXIMATELY 1,018 ACRES, CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST SIDE OF THE ELM
FORK TRIBUTARY OF THE TRINITY RIVER, EAST OF COLLINS ROAD, AND NORTH
OF US 380, AND LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT "A", ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (A07-0005)
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 October 24, 2007, the Planning and Zoning Commission
recommended approval of the annexation of land substantially similar to the tracts legally
described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property");
and
WHEREAS, the Corps of Engineers of the U.S. Army has manifested its non-objection to
the annexation of Federal land lying within the Property, as set forth in Exhibit C; and
WHEREAS, the City Council finds that the Property contains no residential dwellings
located on the tracts; and
WHEREAS, this annexation is under the annexation procedures for areas exempted from
the municipal annexation plan; and
WHEREAS, the City Council finds that the 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 October 2, 2007, and October 16, 2007, (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 November 6, 2007; and
s:\our documents\ordinances\07\a07-0005 rm.doc
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton on November 11, 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.
PERRY R. MCNEILL, MA OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
s:\our documents\ordinances\07\x07-0005 rm.doc
APPROVED AS TO LEGAL FORM:
Exhibit A
1,018 ACRE TRACT
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. Dabbs Survey, Abstract Number 328, J. Douthit Survey,
Abstract Number 329, T. Living Survey, Abstract 729 and the J. West Survey, Abstract Number
1331, and being more particularly described as follows:
BEING all of the United States of America (hereafter referred as "the U. S. A.") and all of said
City of Denton tracts lying and being situated in the above mentioned Surveys and Abstracts:
BEGINNING at a point in the existing Denton city limits established by Ordinance 74-36 11, and
being on the east boundary line of the tract of land describe in a deed to Vickie Ewell and Donna
Raney, recorded as County Clerk's File Number 93-R0055576, Real Property Records, Denton
County Texas, also being in the west boundary line of said U. S. A. tract;
THENCE in a Northerly direction along the U. S. A. western boundary line the following 25
(twenty-five) calls:
1. Thence North 09 Degrees 26 Minutes West, a distance of 136 feet more or less;
2. Thence North 06 Degrees 49 Minutes West, a distance of 571.60 feet;
3. Thence North 44 Degrees 47 Minutes West, a distance of 342 feet;
4. Thence North 46 Degrees 32 Minutes West, a distance of 214.90 feet;
5. Thence South 67 Degrees 17 Minutes East, a distance of 481.40 feet;
6. Thence North 82 Degrees 35 Minutes East, a distance of 99.50 feet;
7. Thence North 25 Degrees 33 Minutes East, a distance of 419.70 feet;
8. Thence North 1 1 Degrees 43 Minutes East, a distance of 245.90 feet;
9. Thence North 17 Degrees 00 Minutes West, a distance of 467.90 feet;
10. Thence South 59 Degrees 48 Minutes East, a distance of 179.40 feet;
11. Thence North 49 Degrees 08 Minutes East, a distance of 104.90 feet;
12. Thence North 23 Degrees 36 Minutes East, a distance of 292.60 feet;
13. Thence North 02 Degrees 06 Minutes West, a distance of 356 feet;
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14. Thence North 83 Degrees 43 Minutes West, a distance of 2,055.40 feet;
15. Thence North 01 Degrees 32 Minutes East, a distance of 369.10 feet;
16. Thence North 86 Degrees 46 Minutes West, a distance of 205.90 feet;
17. Thence South 02 Degrees 31 Minutes West, a distance of 210.60 feet;
18. Thence North 86 Degrees 37 Minutes West, a distance of 1,407.10 feet;
19. Thence North 00 Degrees 50 Minutes West, a distance of 204.30 feet;
20. Thence North 64 Degrees 09 Minutes East, a distance of 765.30 feet;
21. Thence North 67 Degrees 19 Minutes East, a distance of 251.30 feet;
22. Thence North 74 Degrees 08 Minutes East, a distance of 392.80 feet;
23. Thence North 07 Degrees 40 Minutes West, a distance of 47.30 feet;
24. Thence North 80 Degrees 24 Minutes East, a distance of 223.30 feet;
25. Thence North 82 Degrees 57 Minutes East, a distance of 1,024.92 feet;
THENCE North 07 Degrees 03 Minutes West, a distance of 166.38 feet to a point on the south
line of Lot 1, Block 1, of the Ash Grove Texas-Denton Terminal Addition, being recorded in
Cabinet X Page 193, Plat Records of Denton County, Texas;
THENCE along the south line of said Lot 1, Block 1, of the Ash Grove Texas-Denton Terminal
Addition, the following 6 (six) calls;
1. Thence North 44 Degrees 52 Minutes 38 Seconds East, a distance of 799.54 feet;
2. Thence North 78 Degrees 59 Minutes 07 Seconds West, a distance of 46.23 feet;
3. Thence North 65 Degrees 23 Minutes 14 Seconds West, a distance of 116 feet;
4. Thence North 61 Degrees 53 Minutes 33 Seconds West, a distance of 438.25 feet;
5. Thence North 55 Degrees 17 Minutes 31 Seconds West, a distance of 387.47 feet;
6. Thence North 40 Degrees 29 Minutes 32 Seconds West, a distance of 489.64 feet;
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THENCE in a Northerly direction along the U. S. A. western boundary line the following 11
(eleven) calls:
1. Thence North 34 Degrees 06 Minutes West, a distance of 351.20 feet;
2. Thence North 39 Degrees 36 Minutes West, a distance of 254.50 feet;
3. Thence North 55 Degrees 24 Minutes West, a distance of 194.10 feet;
4. Thence North 72 Degrees 00 Minutes 17 Seconds West, a distance of 157.90 feet;
5. Thence South 85 Degrees 08 Minutes West, a distance of 81.90 feet;
6. Thence North 86 Degrees 48 Minutes West, a distance of 151.70 feet;
7. Thence North 74 Degrees 19 Minutes West, a distance of 239.90 feet;
8. Thence South 68 Degrees 28 Minutes West, a distance of 211.50 feet;
9. Thence North 75 Degrees 22 Minutes West, a distance of 739.30 feet;
10. Thence South 02 Degrees 21 Minutes West, a distance of 730.20 feet;
11. Thence North 86 Degrees 47 Minutes West, a distance of 871.84 feet more or less to a
point on the east line of Collins Road;
THENCE North 05 Degrees 56 Minutes East, along the east line of Collins Road a distance of
626.55 feet to a point for a corner on the east line of said Road;
THENCE North 40 Degrees 29 Minutes 26 Seconds West, along the east line of said road a
distance of 1,099.44 feet more or less to a point for a comer on the north line of said Road;
THENCE North 87 Degrees 57 Minutes West, along the north line of said road a distance of
745.03 feet to a point for a comer on the north line of said Road;
THENCE North 03 Degrees 43 Minutes East, a distance of 2,084.34 feet more or less to a point
being on the south line of the existing Denton city limits established by Ordinance 2005-379,
said point also being on the north line of Hartlee Field Road;
THENCE East, along the north line of said Hartlee Field Road and along the south line of said
Ordinance 2005-379 a distance of 1,398.80 more or less feet to a point for a corner.
THENCE North 02 degrees 58 minutes 57 seconds East, along the west line of said road and the
east line of said Ordinance 2005-379 a distance of 383 feet more or less to a point for a corner;
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THENCE East, across said Hardee Field Road a distance of 30 feet more or less to a point on the
east line of said Hartlee Field road;
THENCE in a Northerly direction along the U. S. A. western boundary line the following 13
(thirteen) calls:
1. Thence North 51 Degrees 53 Minutes East, a distance of 567 feet;
2. Thence North 36 Degrees 44 Minutes East, a distance of 311.20 feet;
3. Thence North 15 Degrees 23 Minutes East, a distance of 584 feet;
4. Thence North 09 Degrees 33 Minutes East, a distance of 608.60 feet;
5. Thence North 25 Degrees 50 Minutes East, a distance of 383.10 feet;
6. Thence North 34 Degrees 04 Minutes East, a distance of 194.50 feet;
7. Thence South 89 Degrees 15 Minutes East, a distance of 453.70 feet;
8. Thence North 18 Degrees 59 Minutes 02 Seconds West, a distance of 507.20 feet;
9. Thence North 32 Degrees 36 Minutes 58 Seconds West, a distance of 184.53 feet;
10. Thence North 87 Degrees 07 Minutes 01 Seconds East, a distance of 974.94 feet;
11. Thence North 11 Degrees 50 Minutes 34 Seconds West, a distance of 764 feet;
12. Thence South 72 Degrees 23 Minutes 37 Seconds East, a distance of 1,097.64 feet;
13. Thence North 28 Degrees 40 Minutes 37 Seconds East, a distance of 981.99 feet more or
less to a point on the existing Denton city limits established by Ordinance 85-197 and
was revised by Ordinance 88-025;
THENCE in a Southerly direction along the west line of said Ordinance 85-197, a distance of
3,473.88 feet more or less to a point on the north line of the existing Denton city limits
established by Ordinance 84-25, said point being 10,560 feet north of and perpendicular to the
existing Denton city limits established by Ordinance 74-36 tract 11;
THENCE in a Westerly direction along the north line of said Ordinance 84-25, a distance of 982
feet to a point for a corner being 10,560 feet north of and perpendicular to the existing Denton
city limits established by Ordinance 74-36 tract H;
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THENCE in a Southerly direction along the west line of said Ordinance 84-25, a distance of 500
feet to a point being 10,060 feet north of and perpendicular to the existing Denton city limits
established by Ordinance 74-36 tract II;
THENCE in a Easterly direction along the south line of said Ordinance 84-25, a distance of
1,321 feet to a point being 10,060 feet north of and perpendicular to the existing Denton city
limits established by Ordinance 74-36 tract 11 and being approximately 20 feet west from an
access trail;
THENCE in a Southerly direction along and near an access trail being parallel and
approximately 20 feet west of said trail the following 79 (seventy-nine) calls:
1. South 09 Degrees 29 Minutes 25 Seconds East, a distance of 599.56 feet;
2. South 06 Degrees 00 Minutes 35 Seconds East, a distance of 239.46 feet;
3. South 02 Degrees 38 Minutes 39 Seconds East, a distance of 233.28 feet;
4. South 21 Degrees 48 Minutes 45 Seconds East, a distance of 134.06 feet;
5. South 05 Degrees 31 Minutes 50 Seconds East, a distance of 107.86 feet;
6. South 07 Degrees 46 Minutes 10 Seconds East, a distance of 156.87 feet;
7. South 03 Degrees 00 Minutes 52 Seconds East, a distance of 135.63 feet;
8. South 12 Degrees 32 Minutes 08 Seconds East, a distance of 228.14 feet;
9. South 00 Degrees 20 Minutes 04 Seconds East, a distance of 41.67 feet;
10. South 05 Degrees 42 Minutes 50 Seconds West, a distance of 67.32 feet;
11. South 21 Degrees 48 Minutes 45 Seconds West, a distance of 39.18 feet;
12. South, a distance of 83.76 feet;
13. South 11 Degrees 18 Minutes 58 Seconds East, a distance of 42.30 feet;
14. South 35 Degrees 00 Minutes 26 Seconds East, a distance of 45.38 feet;
15. South 23 Degrees 12 Minutes 37 Seconds East, a distance of 56.70 feet;
16. South 50 Degrees 12 Minutes 37 Seconds East, a distance of 62.17 feet;
17. South 61 Degrees 42 Minutes 45 Seconds East, a distance of 50.12 feet;
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18. South 37 Degrees 53 Minutes 26 Seconds East, a distance of 33.96 feet;
19. South 25 Degrees 12 Minutes 49 Seconds East, a distance of 63.99 feet;
20. South 23 Degrees 12 Minutes 37 Seconds East, a distance of 53.47 feet;
21. South 22 Degrees 23 Minutes 29 Seconds East, a distance of 66.49 feet;
22. South 30 Degrees 58 Minutes 41 Seconds East, a distance of 44.80 feet;
23. South 42 Degrees 17 Minutes 23 Seconds East, a distance of 58.39 feet;
24. South 63 Degrees 26 Minutes 52 Seconds East, a distance of 209.38 feet;
25. South 61 Degrees 12 Minutes 10 Seconds East, a distance of 81.62 feet;
26. South 67 Degrees 37 Minutes 52 Seconds East, a distance of 132.02 feet;
27. South 70 Degrees 59 Minutes 03 Seconds East, a distance of 109.74 feet;
28. South 73 Degrees 28 Minutes 26 Seconds East, a distance of 238.75 feet;
29. South 83 Degrees 14 Minutes 15 Seconds East, a distance of 212.10 feet;
30. South 82 Degrees 09 Minutes 04 Seconds East, a distance of 102.86 feet;
31. South 78 Degrees 07 Minutes 04 Seconds East, a distance of 136.49 feet;
32. South 75 Degrees 35 Minutes 13 Seconds East, a distance of 123.52 feet;
33. South 52 Degrees 19 Minutes 17 Seconds East, a distance of 89.68 feet;
34. South 25 Degrees 43 Minutes 21 Seconds East, a distance of 99.65 feet;
35. South 15 Degrees 31 Minutes 57 Seconds East, a distance of 62.93 feet;
36. South 16 Degrees 18 Minutes 37 Seconds East, a distance of 75.59 feet;
37. South 10 Degrees 47 Minutes 25 Seconds East, a distance of 62.11 feet;
38. South 13 Degrees 14 Minutes 52 Seconds West, a distance of 57.08 feet;
39. South 16 Degrees 16 Minutes 08 Seconds West, a distance of 89.31 feet;
40. South 08 Degrees 58 Minutes 40 Seconds West, a distance of 68.25 feet;
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41. South 15 Degrees 39 Minutes 02 Seconds West, a distance of 87.29 feet;
42. South 35 Degrees 33 Minutes 11 Seconds West, a distance of 89.69 feet;
43. South 25 Degrees 28 Minutes 33 Seconds West, a distance of 83.74 feet;
44. South 27 Degrees 54 Minutes 38 Seconds West, a distance of 135.22 feet;
45. South 31 Degrees 37 Minutes 19 Seconds West, a distance of 107.44 feet;
46. South 32 Degrees 01 Minutes 12 Seconds West, a distance of 133.13 feet;
47. South 34 Degrees 50 Minutes 23 Seconds West, a distance of 198.13 feet;
48. South 34 Degrees 18 Minutes 07 Seconds West, a distance of 95.48 feet;
49. South 28 Degrees 18 Minutes 51 Seconds West, a distance of 53.66 feet;
50. South 26 Degrees 34 Minutes 41 Seconds West, a distance of 91.12 feet;
51. South 05 Degrees 42 Minutes 49 Seconds West, a distance of 75.24 feet;
52. South 03 Degrees 39 Minutes 15 Seconds West, a distance of 169.36 feet;
53. South 08 Degrees 45 Minutes 04 Seconds East, a distance of 98.25 feet;
54. South 25 Degrees 12 Minutes 49 Seconds East, a distance of 73.52 feet;
55. South 48 Degrees 11 Minutes 45 Seconds East, a distance of 92.43 feet;
56. South 36 Degrees 53 Minutes 48 Seconds East, a distance of 62.78 feet;
57. South 32 Degrees 44 Minutes 60 Seconds East, a distance of 55.73 feet;
58. South 18 Degrees 26 Minutes 40 Seconds East, a distance of 16.65 feet;
59. South, a distance of 30.19 feet;
60. South 11 Degrees 18 Minutes 58 Seconds West, a distance of 48.63 feet;
61. South 31 Degrees 37 Minutes 19 Seconds West, a distance of 51.38 feet;
62. South 26 Degrees 34 Minutes 41 Seconds West, a distance of 57.76 feet;
63. South 18 Degrees 26 Minutes 41 Seconds West, a distance of 79.53 feet;
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64. South 20 Degrees 14 Minutes 07 Seconds West, a distance of 71.94 feet;
65. South 17 Degrees 15 Minutes 02 Seconds West, a distance of 110.1 1 feet;
66. South 05 Degrees 42 Minutes 49 Seconds West, a distance of 38.62 feet;
67. South, a distance of 44.17 feet;
68. South 03 Degrees 48 Minutes 58 Seconds East, a distance of 56.16 feet;
69. South 16 Degrees 34 Minutes 47 Seconds East, a distance of 759.61 feet;
70. South 14 Degrees 51 Minutes 15 Seconds East, a distance of 115.48 feet;
71. South 33 Degrees 42 Minutes 18 Seconds East, a distance of 54.12 feet;
72. South 32 Degrees 01 Minutes 12 Seconds East, a distance of 101.48 feet;
73. South 40 Degrees 37 Minutes 02 Seconds East, a distance of 130.75 feet;
74. South 32 Degrees 29 Minutes 09 Seconds East, a distance of 44.51 feet;
75. South 30 Degrees 58 Minutes 41 Seconds East, a distance of 58.73 feet;
76. South 14 Degrees 02 Minutes 37 Seconds East, a distance of 38.91 feet;
77. South 03 Degrees 00 Minutes 52 Seconds East, a distance of 63.99 feet;
78. South 05 Degrees 26 Minutes 36 Seconds West, a distance of 74.20 feet;
79. South, a distance of 132.81 feet;
THENCE South 06 Degrees 14 Minutes 40 Seconds East, a distance of 395.97 feet to a point for
a corner;
THENCE South 04 Degrees 53 Minutes 45 Seconds West, a distance of 857.10 feet to a point for
a corner;
THENCE South 36 Degrees 24 Minutes 24 Seconds West, a distance of 455.17 feet to a point for
a comer, said point also being the beginning of a curve to the left having a radius of 186.46 feet;
THENCE along said curve to the left, having an arc length of 292.89 feet and a chord direction
bearing South 08 Degrees 35 Minutes 36 Seconds East a distance of 263.69 feet to a point for a
corner, said point also being the beginning of a curve to the right having a radius of 690.81 feet;
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THENCE along said curve to the right, having an arc length of 1,085.12 feet and a chord
direction bearing South 08 Degrees 35 Minutes 36 Seconds East a distance of 976.95 feet to a
point for a corner;
THENCE South 36 Degrees 24 Minutes 24 Seconds West, a distance of 225 feet more or less to
a point for a comer on north boundary line of the existing Denton city limits established by
Ordinance 74-36 tract II;
THENCE North 88 Degrees 07 Minutes West along the north boundary line of said Ordinance
74-36 tract II and parallel to and 350 feet north of the center line of said U. S. 380, a distance of
1,343 feet more or less to the beginning of a curve to the left;
THENCE along said curve to the left and along the North boundary line of said Ordinance 74-36
tract 11 and parallel to and 350 feet north of the centerline of said U. S. 380, a distance of 353 feet
more or less to the POINT OF BEGINNING and containing in all approximately 1,018 acres of
land.
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Clear Creek 1,018 Acre Tract
10/26/07
Drawn by:Mark A. Laird
EXHIBIT B
CITY OF DENTON SERVICE PLAN FOR
A07-0005 - Clear Creek Natural Heritage Area Annexation
1. AREA ANNEXED
The annexation area is generally located west of Elm Fork of the Trinity River, east
of Collins Road, and north of US 380.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(6)-(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. 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
10 minutes from Station #4, located at 2110 E. Sherman Dr. 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
The closest Denton Parks properties to the proposed annexation area are
Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium
Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the
east and north. The 2000 Denton Park and Recreation Master Plan does
not indicate a need for a. Community Park in the general area of the
proposed annexation due to existing open space land at Clear Creek
Nature Center and the Greenbelt trail. Code enforcement will also be
provided to the property upon the effective date of the annexation.
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 100 Year Floodplain 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 and recycling collection services
will be provided to the newly annexed property immediately upon the
effective date of the annexation. To receive solid waste or recycling
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.
Commercial Refuse and Recycling Services
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 and recyclables types and volumes
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 refuse container with the lid closed will not be collected. Refuse
placed outside the refuse container is subject to code enforcement
regulations, including potential fines. Recyclables placed in a recycling
container shall not be bagged. Container lids shall be kept closed at all
times during periods of materials storage (when not placing materials in
the container).
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
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.
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.
V1. 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 'h) 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).
PLY TO
~TTEN710N OF
It:, ~XHl8i> C' y
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
ELM FORK PROJECT OFFICE
1801 N. MILL STREET
LEWISVILLE, TEXAS 75057-1821
November 5, 2007
Elm Fork Project Office
Mr. Ron Menguita
City of Denton
Planning and Development
City Hall West
221 N. Elm
Denton, Texas 76201
Dear Mr. Menguita:
This letter hereby acknowledges receipt of your Notice of Intent
to Annex approximately 835 acres of federal property commonly referred
to as the Clear Creek Natural Heritage Area on Lewisville Lake. The
Corps of Engineers has no objection to the proposed annexation.
If you have any further questions, please contact Mr. Craig
Kislingbury at the Lewisville/Ray Roberts Lake Office or by telephone
at (469) 645-9100.
Sincerely,
uu/P GGeern~--
/ W
Tim MacAllister
Site Manager
Lewisville and Ray Roberts Lakes