2007-034
S:\Our Documents\Ordinances\06\A06-0002.doc
ORDINANCE NO.. 2(}(}1- tJ.34
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
1.9 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHEASTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY ON TEASLEY LANE AND
OLD ALTON ROAD LEGALLY DESCRIBED AS A PART OF A 5.4I-ACRE TRACT OF
LAND SITUATED IN THE J.C. BAKER SURVEY, ABSTRACT 47, DENTON COUNTY,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0002)
WHEREAS, Pursuant to Section 43.061 of the Texas Local Government Code, et seq.,
home rule cities are authorized to annex areas that are not required to be in an annexation plan;
and
WHEREAS, on or about October 25, 2006, the Planning and Zoning Commission
recommended approval of the annexation; and
WHEREAS, the City Council finds t1pt 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-I 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 th~ City Council were held in the Council Chambers
on October 17, 2006, and October 24, 2006, (both days being on or after the 20th day but before
the 40th day of the date of the institution of the proceedings) to allow all interested persons to
state their views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were iC1stituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council November 14, 2006; and
WHEREAS, this ordinan~e has been published in full one time in the official newspaper
of the City of Denton on November 18, 2006, after annexation proceedings were instituted and
30 days prior to City Council taking final action, as required by City Charter; and
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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:
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SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
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. I
PASSED AND APPROVED this the (pt/t day of
hhn./ tl/LI, 2006.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
ByH_Wll~:h,.o
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, CIIY~Y
Y:
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EXHIBIT "A"
BEING a 1.90 acre tract ofland situated in the J.e. Baker Survey, Abstract No. 47, Denton
County, Texas, and being part ofa called 5.4I.acre tract ofland described in deed from J.W.
Roach and wife, Margaret Earline Roach, to Jimmy W. Roach and wife, Brenda Kay Roach, as
recorded in Volume 544, Page 510 of the Deed Records of Denton County, Texas, (D.R.D.C.T.),
and being more particularly described as follows:
BEGINNING at a point in the present city limit line, said point being at the southernmost
intersection of the west line of the tract described in Ordinance No. 87-119 and the east line of
the tract described in Ordinance No. 88-175, and being in the west line of said Baker Survey, the
west line of said 5.41 acre tract and the east line of the Gregory and Kathleen Pollock Addition,
an addition to the City of Denton recorded in Cabinet L, Page 139, Plat Records, Denton County,
Texas, said point also being 250 feet southwesterly of and parallel to the centerline of Farm to
Market Road No. 2181, and being on a curve to the left having a radius of 1395.91 feet and
whose chord bears South 44 degrees 29 minutes 06 seconds East, a distance of 626.04 feet;
THENCE Southeasterly, departing the west line of said Baker Survey, the west line of said
Roach tract and the east line of said Pollock Addition, and along said line 250 feet southwesterly
of and parallel to the centerline ofF.M. 2181 and with said curve to the left and the westerly line
of said tract described in Ordinance No. 87-119, through a central angle of25 degrees 54 minute
59 seconds, an arc distance of 631.41 feet to a point on the south line of said 5.41 acre tract and
the south line of said Baker Survey;
THENCE South 89 degrees 00 minutes 59 seconds West, departing said line parallel to the
centerline ofF.M. 2181, and along the south lines of said Baker Survey and said 5.41 acre tract,
passing at a calculated distance of 320.02 feet an angle point in the east line of said tract
described in Ordinance No. 88-175, and continuing along said south lines and said east line, in
all a total distance of 430.02 feet to a y,-inch iron rod found for the southwest comer of said 5.41
acre tract and the southwest comer of said Bak~r Survey;
THENCE North 01 degree 06 minutes 02 seconds West, along the west lines of said Baker
Survey and said 5.41 acre tract and continuing along the east line of said tract described in
Ordinance No. 88.175, passing at a call distan2e of70.2 feet the southeast comer of said Pollock
Addition, and continuing along said east and west lines, in all a total distance of 454.1 0 feet to
the POINT OF BEGINNING AND CONTAINING 82,762 square feet or 1.900 acres of land,
more or less.
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LOCATION MAP
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EXHIBIT "B"
CITY OF DENTON ANNEXATION PLAN FOR
A06-0002 - Corinth Substation
I. AREA ANNEXED
THE ANNEXATION AREA IS LOCATED IN THE SOUTHERN PORTION OF
DENTON'S EXTRATERRITORIAL JURISDICTION AND CONTAINS
APPROXIMATELY 2 ACRES GENERALLY LOCATED ON TEASLEY LANE AND
OLD ALTON ROAD.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021,43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in accordance with the fbllowing plan. The City shall provide the annexed
tract the levels of service, infrastructure, apd 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
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Master Plan. No parks are curr~ntly 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 Service~
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 lan<:l development regulations.
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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 (RATEr A YER) 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 frohI taxes. Solid waste collection service will be
provided to the property upon the effective date of the annexation using existing
personnel and equipment. To ryceive solid waste collection service, the customer
must contact the City of Denton Customer Service Office and submit a
request/application for service. ,
B. W ater/W astewater Facilities ,
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Maintenance of water and wastewater facilities in the area to be annexed that are
not within the service area of another water or wastewater utility will begin upon
the effective date of the annexation using existing personnel and equipment. City
of Denton 24-inch pressure force milin exists in the annexation area. Additional
water and sewer lines are located along the boundaries of the annexation area.
The City will provide a level of water and wastewater service, infrastructure, and
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 infrastructm:e 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. 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 servic:es, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is
contemplated within the annexed, area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Tllus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
Yz) years after the effective date. of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
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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 REOUlRED
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. 200Q).
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