2007-076S:\Our Documenu\Ordinances\07\A06-0006.doc
ORDINANCE NO: 2Q_ Q_~~p
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
18.27 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY LOCATED NORTH OF US
380 WEST OF MASCH BRANCH ROAD AND LEGALLY DESCRIBED AS BLOCK 1, LOT
1 OF THE MARRIOTT GARDEN ADDITION, APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A06-0006)
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 January ] 0, 2007, the Planning and Zoning Commission
recommended approval of the annexation of the property legally described in the caption above;
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 voluntary and is being made under Subchapter C-1 of
Chapter 43 of the Texas Local Government Code; 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 January 9, 2007, and January 23, 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 February 13, 2007; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on February 25, 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,
and all other findings legally necessary to support annexation, are incorporated herein by
reference.
SECTION 2. The Property is hereby annexed to the City of Denton, Texas, and, pursuant
to §35.16.8.G of the Denton Development Code, will be subject to the zoning standards
associated with the zoning classification and use designation RD-5, until such time as the
Property is initially zoned.
SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof
by reference as Exhibit "A" (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 temtory 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 3 = day of , 2007.
Q Y~ ~Y1~.-~0
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,~ ~
APPROVED AS TO LEGAL FORM:
EXHIBIT A
CITY OF DENTON SERVICE PLAN FOR
A06-0006 - Marriot Garden Addition, Lot 1
I. AREA ANNEXED
The annexation area is located in the northwestern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 18.27 acres of land generally located at the
northwest corner of Hampton Rd and Masch Branch Road intersection and legally
described as Blockl, Lot 1 ofthe Marriott Garden Addition.
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. 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 5
minutes from stations #3 and/or #5. 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.
The Code Enforcement Unit, in the Parks and Recreation Department's
Neighborhood Services Division, will provide enforcement of City codes
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 Regional Mixed Use 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 comdors. 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 City Ordinance requires Solid
Waste services for all residences and commercial businesses located in the
City. 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 services will be provided to the newly
annexed property immediately upon the effective date of the annexation.
To receive solid waste 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.
Residential Solid Waste Services
Each residential address will be 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 maybe 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
Monday 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 informatiori regarding disposal chazges, call the Landfill
Office at 940-349-7510.
B. Water/Wastewater Facilities
Water and wastewater utilities are currently being provided to this
property. The City will provide a level of water and wastewater service,
infrastructure, and infrastructure maintenance that is compazable 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 infrastmcture 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 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. No
construction of public improvements is contemplated as a result of this
annexation that would begin within two and a half (2 %2) 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.
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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