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2007-078S\Our Documen[s\Ordinances\07\A06-0003.doc ORDINANCE NO: 2407- ~7~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 23.84 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-35W AND ROBSON RANCH ROAD AND LEGALLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE E. PIZANO SURVEY ABSTRACT NO. 994, DENTON COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO ROBSON/35W INVESTORS LP AS RECORDED IN COUNTY CLERK'S FILE NO 02-63784 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0003) WHEREAS, Pursuant to Section 43.061 of the Texas Local Govemment 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 10, 2007, 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 mare 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 sunrounded 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 "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. ~~ PERK R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~~I ,~ APPROVED AS TO LEGAL FORM: EXHIBIT A FIELD DESCRIPTION STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated within the E. PIZANO SURVEY, ABSTRACT NO. 994, Denton County, Texas and being part of a tract of land described in a Deed from Billie J Estes. Brahmall to Gelia Estes Coleman as recorded in Volume 4498, Page 205 of the Real Property Records Denton County, Texas, and being more particularly described as follows: BEGINNING at a concrete right-of--way monument Found at intersection of the westerly right-of--way line of interstate Highway 35 and the northerly right-of--way line of Robson Ranch Road (formerly known as Crawford Road) for the most southerly Southeast corner of the herein described tract: THENCE South 66 deg. 08 min. 48 sec. West for a distance of 150.84 feet to a PK nail set in said Robson Ranch Road for corner. THENCE North 89 deg. 47 min. 07 sec. West along said Robson Ranch Road a distance of 133.24 feet to a PK nail set for the Southwest corner of the herein described tract, the same being in the easterly West line of a called Tract 1 described in a Deed from Hillwood/McCutchin, Ltd., to Petms Investment, L.P., as recorded in Volume 4246, Page 574 of the Real Property Records of Denton County, Texas. THENCE North 00 deg. 17 min. 24 sec. East a distance of 2436.06 feet to a 1/2 inch iron rod found at the most northerly South corner of said Tract 1, for the Northwest comer of the herein described tract. THENCE South 89 deg. 46 min. 33 sec. East along or near a fence with the most northerly South line of said Petms Investment, L.P. tract a distance 722.74 to a metal fence corner found for the Northeast corner of the herein described tract, and the northerly Southeast corner of said Tract l . THENCE South 00 deg. 08 min. 17 sec. West along or near a fence with the most southerly West line of said Petrus Investment, L.P. tract a distance of 1573.44 feet to a 1/2 inch capped iron rod set in the westerly right-of--way line of said Interstate Highway 35 for the most northerly Southeast corner of the herein described tract. THENCE South 29 deg. 55 min. 32 sec. West with the westerly right-of--way line of said Interstate Highway 35 a distance of 922.23 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds is 35.642 acres or 1,140,174 square feet of land more or less. Volume 5090, Page 01244 Deed Records Denton County, Texas EXHIBIT B CITY OF DENTON SERVICE PLAN FOR A06-0003 -Robson Ranch Retail I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 23.84 acre generally located at the northwest corner of I 35W and Robson Ranch 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)-(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. B. Fire Protection Eire 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 future Station #7. 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. 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 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 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 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 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 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 the same day 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. B. Water/Wastewater Facilities The City will need a waterline easement on this property in the near future to service this site. 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. VI. CAPITAL IMPROVEMENTS PROGRAM (CIPI 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 %z) years afrer 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 teen often (l0) 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). 3/ ~b h SITE OBfiON•RANCHi :' CR _~WF - RD A~ y~ h ~ O Y: Location Map V D Feet 0 200 400 &10