2007-077S:\Our Documen[s\Ordinances\07W06-OOOSdoc
ORDINANCE NO. zOO %- D77
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
1,199 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 NORTH OF LOOP 288,
WEST OF LOCUST STREET (F.M. 2164), SOUTH OF MILAM ROAD AND EAST OF
BONNIE BRAE STREET, LEGALLY DESCRIBED AS A PART OF A 879.3981 ACRE
TRACT OF LAND SITUATED IN THE J.A. BURNS SURVEY, ABSTRACT NO. 130, THE
T. POLK SURVEY, ABSTRACT NO. 999, THE V. GAILOR SURVEY, ABSTRACT NO.
452, THE J. STEWART SURVEY, ABSTRACT NO. 1150, THE F. MCKETTRICK SURVEY,
ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025; A
145.1418 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY, ABSTRACT
NO. 807; A 173.6333 ACRE TRACT OF LAND SITUATED IN THE J. COLLARD SURVEY,
ABSTRACT NO. 287 AND THE A. WHITE SURVEY, ABSTRACT NO. 1406, DENTON
COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(A06-0005)
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 December 6, 2006, the Planning and Zoning Commission
recommended approval of the annexation of the property legally described in Exhibit "A"
attached and fully incorporated 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 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 December 12, 2006, and December 19, 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 instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council January 9, 2007; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on January 14, 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 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. p~
PASSED AND APPROVED this the ~'= day of ~,~r1 / , 2007.
6~l~Yl,~l~-e.~D
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY ;
BY: ~ ~ 7~L~
APPROVED AS TO LEGAL FROM
EXHIBIT - A
TRACT 1
BEING an 879.3981 acre tract of land situated in the J.A. Burns Survey, Abstract No. 130,
the T. Pofk Survey, Abstract No. 999, the V. Gailor Survey, Abstract No. 452, the J. Stewart
Survey, Abstract No. 1150, the F. McKettrick Survey, Abstract No. 846, and the E. Pritchett
Survey, Abstract No. 1025, Denton County, Texas, said 879.3981 acre tract being
comprised of and containing: part of three tracts described to DENTON 288, L.P. by Special
Warranty Deeds recorded as Instrument No's. 2006-21489, 2006-12204, and 2006-12208,
Official Records of Denton County, Texas; all of two tracts described to DENTON 288, L.P.
by Special Warranty Deeds recorded as Instrument No's. 2006-87970 and 2006-56316,
Official Records of Denton County, Texas; all of that certain tract described to Richard
Tedrow and wife by Warranty Deed recorded in Volume 1154, Page 836, Deed Records,
Denton County, Texas; all of that certain tract described to Richard Clair Tedrow by Special
Warranty Deed recorded in Volume 1028, Page 761, Deed Records, Denton County, Texas;
and all of that certain tract described to James Tedrow, Trustee by Deed Of Gifts recorded
in Vol. 1978, Pg. 796, Vol. 1978, Pg. 799, Vol. 1978, Pg. 802, Vol. 1978, Pg. 805, Vol. 1794,
Pg. 127, Vol. 1794, Pg. 129, Vol. 1794, Pg. 131, Vol. 1794, Pg. 133, Deed Records, Denton
County, Texas, said 879.3981 acre tract being more particularly described as follows:
COMMENCING at capped 5/8" iron rod marked "CARTER BURGESS" found in the west
line of F.M. 2164, at the northeast corner of said 2006-21489 tract, also the southeast
corner of that certain tract described to Rachel Trietsch Bartel by deed recorded in Volume
2508, Page 661, Deed Records, Denton County, Texas;
THENCE N 89° 02'13" W departing the west line of said F.M. 2164 and along the north line
of said 2006-21489 tract, also the south line of said Bartel tract, a distance of 455.72 feet to
the POINT OF BEGINNING of the herein described tract;
THENCE S 00°50'23" E departing the said common line, 500.00 feet west of and parallel to
the centerline of said F.M. 2164, a distance of 1010.04 feet to the north line of that certain
tract described to North Texas State University by deed recorded in Volume 642, Page 569,
Deed Records, Denton County, Texas;
THENCE along the north line of said University tract, the following:
N 89°02'57" W a distance of 104.32 feet to a brass disk marked "Prop Cor" found for corner;
N 00°50'41" W a distance of 199.76 feet to a brass disk marked "Prop Cor" found for corner;
N 89°00'42" W a distance of 1189.82 feet to a brass disk marked "Prop Cor" found for
corner at the northwest corner of said University tract;
THENCE S 00°49'51" E along the west line of said University tract, a distance of 559.86
feet to a brass disk marked "Prop Cor" found for corner at the southwest corner of said
University tract, in the north I ine of the aforementioned 2006-12208 tract;
THENCE S 89°06'18" E along the south line of said University tract, a distance of 1294.18
feet;
THENCE S 00°50'23" E departing the south line of said University tract, 500.00 feet west of
and parallel to the centerline of said F.M. 2164, a distance of 4857.46 feet to the north line
of that certain tract described to Kenneth Nelson by deed recorded under County Clerk File
No. 95-R0008942, Real Property Records, Denton County, Texas;
THENCE N 89°58'57" W along the north line of said Nelson tract, a distance of 33.11 feet to
the northwest corner of said Nelson tract;
THENCE S 00°07'10" E along the west line of said Nelson tract, a distance of 876.96 feet to
the north line of that certain called 748.983 acre tract described to DENTON 288, L.P. by
Special Warranty Deed recorded as Instrument No. 2006-12124, Official Records of Denton
County, Texas;
THENCE along the north line of said 748.983 acre tract the following:
N 89°56'31" W a distance of 3416.95 feet;
N 00°06'38" W a distance of 1201.42 feet;
N 89°50'11" W a distance of 1482.37 feet;
N 88°52'54" W a distance of 1350.02 feet to the southeast corner of that certain tract
described to Peppler by deed recorded in Volume 4218, Page 2669;
THENCE N 00°26'12" E along the east line of said Peppler tract, a distance of 668.18 feet to
a 3/4" iron rod found for corner at the northeast corner of said Peppler tract;
THENCE N 00°04'12" E along the east terminus line of Chinn Road, the east lines of those
certain tracts described to Yeatts by deeds recorded in Volume 527, Page 43 and Volume
584, Page 667, Deed Records, Denton County, Texas, the east line of that certain tract
described to Sauls by deed recorded in Volume 3101, Page 0160, Deed Records, Denton
County, Texas, and the east line of that certain tract described to Rancho Vista
Development Co. by deed recorded in Volume 2695, Page 465, Deed Records, Denton
County, Texas, a distance of 2649.30 feet to a 5/8" iron rod found;
THENCE N 01°00'33" W continuing along the east line of said Rancho Vista tract, a
distance of 539.43 feet to a fence post;
THENCE N 02°28'55" W continuing along the east line of said Rancho Vista tract, a
distance of 965.89 feet to a 3" metal fence corner post at the northeast corner of said
Rancho Vista tract;
THENCE N 88°54'04" W along the north line of said Rancho Vista tract, a distance of
197.47 feet to a 3" metal fence corner post at the southeast corner of that certain tract
described to Brandenberger by deed recorded in Volume 860, Page 375, Deed Records,
Denton County, Texas;
THENCE N 00°32'20" E along the east line of said Brandenberger tract, a distance of
426.52 feet 3" metal fence corner post at the southwest corner of that certain called 80.00
acre tract described to Perry Nelson Trietsch by deed recorded under County Clerk File No.
2001-R0061523, Real Property Records, Denton County, Texas;
THENCE S 89°07'15" E departing the east line of said Brandenberger tract and along the
south line of said 80.00 acre tract and the south line of that certain called 90.92 acre tract
described to W. & S. Trietsch Family Trust by deed recorded under County Clerk File No.
98-0112292, Real Property Records, Denton County, Texas, a distance of 1838.29 feet to a
3-1/2" metal fence corner post;
THENCE continuing along the south line of said 90.92 acre tract the following:
S 88°47'17" E a distance of 245.52 feet to a steel fence corner post;
N 03°25'52" E a distance of 144.80 feet to a 1/2" iron rod found for corner;
S 88°49'43" E a distance of 1622.90 feet to the southeast corner of said 90.92 acre tract;
THENCE N 00°20'44" W along the east line of said 90.92 acre tract, a distance of 582.00
feet to a 1/2" iron rod found at a fence corner post in the south line of that certain First Tract
described to M. Ronnie Trietsch by deed recorded under County Clerk File No. 93-
80068820, Real Property Records, Denton County, Texas;
THENCE S 89°02'13" E along the south line of said First Tract, a distance of 2717.00 feet to
the POINT OF BEGINNING and containing 38,306,580 square feet or 879.3981 acres of
land, more or less.
TRACT 2
BEING a 145.1418 acre tract of land situated in the .M. May Survey, Abstract No. 807,
Denton County, Texas, said 145.1418 acre tract being comprised of and containing all of
those three tracts described to DENTON 288, L.P. by Special Warranty Deeds recorded as
Instrument No's. 2006-57774, 2006-57777, and 2006-59307, Official Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING near the intersection of the middle of Bonnie Brae Street with the middle of
Ganzer Road, at the northwest corner of said 2006-57777 tract, in the east line of that
certain tract described to Rancho Vista Development Company by deed recorded in Volume
2695, Page 465, Deed Records, Denton County, Texas,
THENCE S 89°32'32" E along the east line of said Rancho Vista tract, with the middle of
Ganzer Road, a distance of 972.02 feet;
THENCE N 00°03'28" E continuing along the east line of said Rancho Vista tract, with the
middle of Ganzer Road, a distance of 26.07 feet to the southwest corner of that certain tract
described to Brewer by deed recorded under County Clerk File No. 94-80095175, Real
Property Records, Denton County, Texas;'
THENCE S 89°32'45" E along the south line of said Brewer tract, the south line of that
certain tract described to Stewart by deed recorded in Vol. 599, Pg. 7, the south line of that
certain tract described to Hatridge by deed recorded in Vol. 599, Pg. 9, the south line of that
certain tract described to Roberts by deed recorded in Vol. 3179, Pg. 273, the south line of
that certain tract described to Mitchell by deed recorded in Vol. 529, Pg. 633, the south line
of that certain tract described to Rae by deed recorded in Vol. 529, Pg. 414, and the south
line of that certain tract described to Peppler by deed recorded in Val. 2398, Pg. 768, Deed
Records, Denton County, Texas, a distance of 2128.41 feet to the northwest corner of that
certain called 748.983 acre tract described to DENTON 288, L.P. by Special Warranty Deed
recorded as Instrument No. 2006-12124, Official Records of Denton County, Texas;
THENCE departing the south line of said Peppler tract and along the west line of said
748.983 acre tract, the following:
S 00°43'13" W a distance of 1411 .39 feet;
S 86°29'04" E a distance of 2.90 feet;
S 00°58'16" W a distance of 660.87 feet to a re-entrant corner in the west line of said
748.983 acre tract;
THENCE continuing along the west line of said 748.983 acre tract the following:
N 88°10'37" W a distance of 1089.99 feet;
S 00°39'51" W a distance of 140.82 feet to the northeast corner of that certain tract
described to Ruby Finch by deed recorded in Volume 497, Page 547, Deed Records,
Denton County, Texas;
THENCE departing the west line of said 748.983 acre tract and along the north line of said
Finch tract the following:
N 88°09'02" W a distance of 498.78 feet;
N 00°56'25" E a distance of 185.30 feet;
N 88°29'12" W passing the northwest line of said Finch tract, also the northeast corner of
that certain tract described to Schertz by deed recorded under County Clerk File No. 02-
98857, Real Property Records, Denton County, Texas and continuing, along the north line
thereof, a distance of 1541.64 feet to the northwest corner of said Schertz tract, near the
middle of aforementioned Bonnie Brae Street;
THENCE along or near the middle of said Bonnie B rae Street the following:
N 01°34'05" E a distance of 932.20 feet;
N 01°35'23" E a distance of 1003.38 feet to the POINT OF BEGINNING and containing
6,322,378 square feet or 145.1418 acres of land, more or less.
TRACT 3
BEING a 173.6333 acre tract of land situated in the J. Collard Survey, Abstract No. 287 and
the A. White Survey, Abstract No. 1406, Denton County, Texas, and being all of that certain
tract described to HARVARD C.G. PROPERTIES, L.L.C. by Special Warranty Deed
recorded as Instrument No. 2006-19521, Official Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at the southwest corner of said HARVARD tract, also the northeast corner of
that certain tract described to University of North Texas by deed recorded in Volume 4966,
Page 999, Deed Records, Denton County, Texas, on the east side of an asphalt road known
as Bonnie Brae Street;
THENCE N 00°23'04" E with the east side of said asphalt road, a distance of 1765.70 feet to
the southwest corner of that certain called 748.983 acre tract described to DENTON 288,
L. P. by Special Warranty Deed recorded as Instrument No. 2006-12124, Official Records of
Denton County, Texas;
THENCE along the south line of said 748.983 acre tract the following:
S 88°49'03" E a distance of 685.29 feet;
N 70°01'42" E a distance of 110.83 feet;
S 89°09'15" E a distance of 1092.40 feet;
S 88°28'53" E a distance of 596.11 feet;
S 88°22'51" E a distance of 1733.23 feet to a re-entrant corner in the south line of said
748.983 acre tract;
THENCE S 01°12'24" W a distance of 1186.17 feet to the southwest corner of said 748.983
acre tract, also the northwest corner of that certain called 112.443 acre tract described to
DENTON 288, L.P. by Special Warranty Deed recorded as Instrument No. 2006-56312,
Official Records of Denton County, T exas;
THENCE S 01°23'53" W along the west line of said 112.443 acre tract, a distance of 615.87
feet to the northeast corner of the aforementioned University tract
THENCE N 88°43'28" W along the north line of said University tract, a distance of 4182.91
feet to the POINT OF BEGINNING and containing 7,563,465 square feet or 173.6333 acres
of land, more or less.
SURVEYOR'S CERTIFICATE
The foregoing descriptions are the result of actual on-the-ground surveys made under my
personal supervision and a compilation of the deeds referenced therein.
John R. Piburn, Jr.
Registered Professional Land Surveyor
Registration No. 3689
Bearings are based upon that certain called 748.983 acre tract described in Special Warranty Deed recorded as
Instrument No. 2006-12144, Official Records o/ Denton County, Texas.
Location Map
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EXIIIBIT - B
CITY OF DENTON ANNEXATION PLAN FOR
A06-0005 -Hills of Denton
I. AREA ANNEXED
The annexation area is located in the southern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 1199 acres generally located to the north of
Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of
Bonnie Brae Street.
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 OWNERI 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 constmction 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 cottidors. The Denton Plan will be used
as a basis for final zoning classifications after the properties are annexed.
[V. UTILITY (RATEPAYERI 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
iequest/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 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 I -800-766-1758 to obtain curbside recycling
information.
Lach 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 information regarding disposal charges, call the Landfill
Office at 940-349-7510.
V
B. Water/Wastewater Facilities
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. Water service is available from a 36 inch water
transmission pipeline located along the north side of Loop 288. The
Developer will be required to extend water service from this main to serve
the property. Line extension requirements and lines sizes will be
determined during the preliminary platting phase of the project. Due to
the size of this project, a water distribution system model will be required
as a part of the preliminary plat application process. The City will require
a developer agreement foi- extension of water utilities to service this
development. A new sewer line to serve the proposed development will be
required (see Exhibit "B"). The City will provide a level of water and
wastewater service, infrastructure, and infrastmcture 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,
infrastmcture, 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. Denton
Municipal Electric is the current electric service provider for this site.
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
infrastmcture 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 constmc[ion of additional water, 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. Anew sewer line and pump
station construction will be required to serve the development (see Exhibit
"B"). The construction of the proposed sewer system will be governed by a
water/sewer use agreement currently under development and negotiation with
the property owner. Thus, no constmction of public improvements except
sewer is contemplated as a result of this annexation that would begin within
two and a half (2 ''/z) 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,
]and use, and population density.
VIl. 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 [o [he changed conditions or subsequent occurrences pursuant [o
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
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