2007-293. s:\our documents\ordinances\07\07-0004 ordinance.doc
ORDINANCE NO. & ' 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
0.123 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHERN AREA OF THE CITY'S EXTRATERRITORIAL
JURISDICTION (ETJ); GENERALLY NORTHEAST OF F.M. 2181/TEASLEY LANE, WEST
OF OLD ALTON ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (A07-0004)
WHEREAS, Wild Mustang Crossing, Ltd. has requested voluntary annexation of 0.123
acres of land, legally described in Exhibit A, attached hereto and incorporated by reference
herein (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 October 24, 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 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 November 6, 2007; and
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:
I
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 /r - day of~, 2007.
ATTEST:
CITY SECRETARY
BY:
C
---e . ~ &J
RR McN ILL, MA OR
2
EDWIN M. SNYDER, CITY ATTORNEY
EXHIBIT "A"
BEING A TRACT OF LAND LOCATED IN THE J.C. BAKER SURVEY, ABSTRACT No.
47, DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN
A DEED TO RONALD BERLIN AND DOROTHY BIRKELAND, RECORDED IN
COUNTY CLERK'S FILE No. 98-88962, DEED RECORDS, DENTON COUNTY,
TEXAS (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8" IRON ROD FOUND BEING THE NORTHEAST CORNER OF
SAID BERLIN TRACT, BEING IN THE SOUTH LINE OF LOT 1, BLOCK A, TEASLEY
LANE HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CABINET V, PAGE 763, PLAT
RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.), AND BEING THE NORTHWEST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE EVANS,
RECORDED IN VOLUME 2775, PAGE 340, D.R.D.C.T.;
THENCE S 06°14'36" W ALONG THE EAST LINE OF SAID BERLIN TRACT AN THE
WEST LINE OF SAID EVANS TRACT, 90.03 FEET TO A 1 POINT BEING IN THE
EXISTING CITY LIMITS LINE AS RECORDED IN CITY OF DENTON
ANNEXATION ORDINANCE 87-119, AND BEING IN A NON-TANGENT CURVE
TO THE RIGHT;
THENCE ALONG SAID CITY LIMITS LINE AND ALONG SAID NON-TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 896.28 FEET, A DELTA ANGLE
OF 08°47'08", A CHORD BEARING N ,49°41'07" W, 137.30 FEET, AND AN ARC
LENGTH OF 137.43 FEET TO A POINT IN THE NORTH LINE OF SAID BERLIN
TRACT AND THE SOUTH LINE OF SAID LOT 1;
THENCE N 89°40'02" E ALONG SAID NORTH LINE OF BERLIN TRACT AND THE
SOUTH LINE OF SAID LOT 1, 114.48 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 0.123 ACRES (5,360 SQUARE FEET) OF LAND.
3
ETJ
EXHIBIT A-2
LOCATION MAP
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OLD AL
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EXHIBIT "B"
CITY OF DENTON ANNEXATION PLAN FOR
A07-0004 - Wild Mustang Crossing
AREA ANNEXED
The annexation area is located in the southern portion of Demon's Extraterritorial
Jurisdiction and contains approximately 0.123 acres of land geaneralhr located generally
located northeast of the bend of F.1.1. 21S11£ Teasley Lane. west of Old Alton Road to the
immediate south of Guyer High School and legally described as Tracts 9 & 10 in the T Baker
Surrey. A1403A.
INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code.
Sections 43.021. 43.06>. and 43.06{(b)-(o) (Verrton 1999 , as amended). klut icipal facilities
and sen-ice.s to the annexed area described above will be provided or =wade available on
behalf of the City in accordance with the following plan. The City shall provide the annexed
tract the lev=els' of service, infrastructure. and ;nfiastructure maintenance that are comparable.
to the levels of sent ice, infrasnatcture, and infrastructure maintenance available in other parts
of the city with shmiar topography, land use, and population density.
AD V ALORE]I (PROPERTY OWNER) TAX SERVICES
Police Protectionj 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.
Fire Protection
F ire protection (tyithin the limits of existing hydrants) and emergency medical
,services will be pro:ided 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 CitF of
Denton will provide emergency medical services ("EMS").
Roads and Streets
Roads and streets, tvhicli have been properly platted, duly dedicated. and accepted
by the City of Denton and'or Denton Cotmty, shall be maintained by the City of
Denton on the effective date of the annexation- Installatian and maintenance of
street signs, street lighnng and traffic control devices will be maintained by the
City of Denton on the effective date of the annexation.
%I and 14CC IT :itit Oki Facilities
Parks and recreational facilities in the area to he annexed will begin upon the
effective (late of the annexation according to the. 2W O Parks anal Recreation
hlasor Plan. No harks are currently Icrated within rhea lvgN aed annexation aria.
Denton nci_!hbotiiood park f ri€ities arc within reasonably close distance of the
proposed annexation area. RcsIcnta of the. proposed annexation area will he able
to we exisin g City of Dcmmi park and mereation facilities and progratirts.
Library Services
l..ihrmy sent=ere, will he made acai!abk on the tffcctix: date of the annexation on
Me sane basis and m the same. lend as similar library facilities ;are maintainted
throughout tilt city.
Building Iit spcetiuus and Consumer Heahh Services
Building inspection, and consumer Ii„rlth services will be made available on the
clft'ctiee date of the annexation on be same basis and at the same leak! as sittiiF,ar
facilities are nrnaintained Ihroughow the City. Both .services are provided on a
WA recovery' basis. and permit fees offset the costs of services dctivercd.
Incomplete constru'lion niu_I obtain building permits front the Building,
lnspoWnris Department of the City of Demon.
Planting and Dcvelnpnhcut Scrviccs
Planning and development services will be made available on the effectiyt date of
the anacxndon. IN Plannirr and D€c"lopmcnt Department currently services
this property by way of adminestruion of Ili: Denton Development Cade,
ea ncerningsubdivc,inn: and land de•a lopmeni reguimfow.
City Council ndopedThe Demon Plan. the cite`, ICip?i i)'ti)cornpt:htrisivc plan,
I7y Ordinance 99-439 on Dsccmber 7. 1IN9. The r"umm Land Use Plan addresses
both land in the city and its ETI, and the subject tract is within the lUgionat
Wed Use Center fond use ic,ignatinn.'['he Denton Plan designates future land
uses to manage die quality and quantity of growth by organizing, die. land use
pattcnrn by matching land use intensity with available infrastructure. and by
preserving floodpkyls;as cmhonmcma! and olxa spat c corridors. The Denton
Plan will be used a:_ a hasis for final zonal-, classifications after the properties are
niimcd.
U't'1LITY iRATEPAYtiIllSE:RYICES
Solid Wame C'nllcetirnt
Each residential address will he Ivovilcd a wlieckd refuse cart. which wiII be
serviccdonc time per week. Residents are required to place their refuse cart(sl at
die curh prior to 7A)Il n. in. on IheII ,o!!cCH011 day. Cans shauht be placed at the
curb for cnHccthn no earlier than San)'p.Ili . tttt evening prior to their collection
clay. Cans arc to he removed from Merarb no later tl:an 6:04 a.m. on the day
6
follcnvirtgtIt,irco!lcoion day. AR refuse placed in the can for collection must he
bagged to clip imuc Kid blou=n debris and linerhy Refirse tot k not placed in
the can with the Iidclosed wall not be collcctad. Ad:€itioual calls may be provided
for an additional nxndtly clinrge.
\Meekly yard xistc -,:wive is provided.
%Vcckly bulky item cokaiou son icc is provided
Weekly curbside rceycling screw are prosidcd by Allied Wnstc Services.
Contact Allied m I-SIX476t;_ 1758 to Man curbside reeding information.
Fach residcntial camonter's refuse can ser,~re. curbside recycling service, bulky
item collection scmce.. andyard wa::tcserx iee trill t;ccur the same day ofawlt
week. Pleas: telephone Customer Scivice.940•,49.5737, to answer any
remaiitingclurstian and sign ill) fir-i-sen-ice.
Commercial Refuse Service
Poach conlmercinl business .till 11L provided Will, a comntcrcta! contamerls). which me
nShlc in a yaHery of .yes and frcqucimics r: eol(ectiau haled on the wwtc rtpe and
volume paw rated. All refuse ptnccd in the container forcollcrtion must be haq~~cd to
aim Ame wind blown debris and littering., Refuse that is not placed in the contaitter with thr
lid Closed will rim be collected. Refuse placed outside tltc container is sub{crt to cede
enkizement rceulations. including potential fnc;.
4°onuncrci al rcdlrisff eontanmcs are acailebte for construction niateriafs.
20 and 30 cubic yard containe rs.
Comly aor scrricc is available.
Contact the City of Demon t= mmncr Sawvt, Of#icc, 940-349-8787; to obtain conunereial
ecmunincr sizes, and rates.
tamifill Srn,icc
The City of Demon 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 13:00 p.nt. mt Saturdays. For
information regnrding disposal cltarg-cs. call the Landfill Office at 941K'449-751 0.
xs`aICryWitSIeNafcr Facililics '
"!'bore arc no water facilities and no wastewater facilities in the area to be
annesed. The City will provide a level of water and wnatcwatcr service.
infrastructure. and infrastrtutnu: maintenance that is compmahle to the MY of
scrikes. inkestmet urc, and utfra=_tmcturc mnimulaucc avnitable in odtcr pans of
the city .tith topography. land tue. nrd Population dcnshy similar to those
rcasnnnbly coutcntp! led or profaned in the area.
AMENDMENTS
The service plan may be ammided if lilt City
changed cnndlions ur subsequenl occu renc
obsoh:lc. The City Cnuneil may amend the
condiliors or subsequent occurrcnccs pursuant
43.056 (Vernon Sunp. 2000).
AGREED:
ACY 0 STANDFIIDGE
Cowicil de=.ernines at a public hcming that
w make this semRCC plan unworkablc or
setviec plan to conform to the changed
to Tuas Locai Gmcmment Code. Section
o//s/U-7
Date