2007-191,s:bur documenisbrdinancesVOTa07-0002.doc
ORDINANCE NO: ~OO~ `~9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING THREE TRACTS OF
LAND CONSISTING OF APPROXIMATELY 9.02 ACRES CONTIGUOUS AND ADJACENT
TO THE CITY OF DENTON, GENERALLY LOCATED ON THE NORTH SIDE OF
SPENCER ROAD BETWEEN WOODROW LANE AND BRINKER ROAD AND LEGALLY
DESCRIBED AS BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE
MARY AUSTIN SURVEY ABSTRACT NUMBER 4 DENTON COUNTY, TEXAS AND
BEING A PART OF THE CALLED 26.474 ACRE TRACT DESCRIBED IN THE CITY OF
DENTON ORDIANCE NO. 81-83 ENACTED ON JULY 21, 1981 PERTAINING TO THE
ALTERATION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF DENTON, TEXAS
BY THE DISANNEXATION OF CERTAIN UNINHIBITED TERRITORY, CONSISTING OF
26.474 ACRES OF LAND OWNED BY THE CITY OF DENTON, DENTON COUNTY,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A07-0002)
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 June 27, 2007, the Planning and Zoning Commission
recommended approval of the annexation of the three tracts legally described in Exhibit "A",
attached hereto and incorporated herein by reference (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 ,Tune 12, 2007, and June 19, 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 July 17, 2007; and
s:~our documents\ordinancesV07~a07-0002.doc „
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton on July 29, 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 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.
~~~
PERRY . McNEILL, MAYOR
s:\our documents\ordinanccs\07W07-0002.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
Exhibit A
Coleman. & Assoc. Land Surveying;
P.O. 13ox 68(i
Dcnum,'I~cxas 76102
Phuuc (940).5G.'i-8215 Pax (99.0):16; 9800
Tract 1
395 Acres
All of that certain tract oP land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 1981 pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas State Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the Southeast corner of the tract being described herein at a % inch iron
rod found at the Southeast corner of the said 26.474 acre tract on the North right-of-way
of Spencer Road as shown on the Plat of the Municipal Utility Addition recorded in
Cabinet G, Page 346 of the Plat Records of Denton County, Texas;
THENCE North 86 Degrees 13 Minutes 45 Seconds West with the Denton Corporate
Limits as defined by the South line of the 26.474 acre tract a distance of 129.8 feet to the
Southeast corner of the 17.751 acre tract described in the City of Denton Ordinance No.
2000-133 enacted on April 4, 2000 pertaining to the voluntary annexation of 17.751 acres
of land contiguous and adjacent to the City of Denton, Denton County, Texas.
THENCE Northerly with the Denton Corporate Limits as defined by the East line of the
17.751 acre tract the following 8 calls:
1. North 12 Degrees 06 Minutes 55 Seconds East a distance of 180.5 feet;
2. North 89 Degrees 58 Minutes 59 Seconds West a distance of 294.3 feet;
3. North 00 Degrees 06 Minutes 33 Seconds West a distance of 151.4 feet;
4. North 88 Degrees 53 Minutes 56 Seconds East a distance of 68.3 feet;
5. North 00 Degrees 04 Minutes 22 Seconds East a distance of 114.1 feet;
6. South 89 Degrees 39 Minutes 31 Seconds East a distance of 258.1 feet;
7. North 03 Degrees l8 Minutes 18 Seconds East a distance of 563.3 feet;
8. North 4l Degrees 47 Mimrtes 49 Seconds West a distance of 35.4 feet, more or less, to
the North line of the 26.474 acre tract;
TIiENCE North 89 Degrees 48 Minutes 25 Seconds East with the Denton Corporate
Limits as defined by the North line of the said 26.474 acre tract a distance of 112.4 feet,
more or less, to the Northeast corner thereof;
THENCE South 03 Degrees 23 Minutes 19 Seconds West with the Denton Corporate
Limits as defined by the East line of the 26.474 acre tract a distance of 1041.7 feet to the
PLACE OF BEGINNING and enclosing 3.95 acre of land.
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~<:~u :,1=k,;~v 1'honc (Sh[0)5G5-821 ~ l :u (94.0)5fi;> 1)800
Tract 2
0.173 Acres
All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 198 L pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas State Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the Southeast corner of the tract being described herein at a %z inch iron
rod found on the North right-of-way of Spencer Road as shown on the Plat of the
Municipal Utility Addition recorded in Cabinet G, Page 346 of the Plat Records of
Denton County, Texas a~ the South line of the 26.474 acre tract from which the
Southeast corner of both tracts bears South 86 Degrees I 1 Minutes 50 Seconds East a
distance of 430 feet; ,
THENCE North 86 Degrees I 1 Minutes 50 Seconds West with the Denton Corporate
Limits as defined by the South line of the 26.474 acre tract a distance of 206.1 feet to an
angle point therein;
THENCE North 47 Degrees 27 Minutes 58 Seconds West continuing with the Denton
Corporate Limits as defined by the South line of the 26.474 acre tract a distance of 465.6
feet, more or less, to the llenton Corporate Limits as defined by the South line of the
17.751 acre tract described in the City of Denton Ordinance No. 2000-133 pertaining to
the voluntary annexation of L7.751 acres of land contiguous and adjacent to the City of
Denton; from which a 'h inch iron rod found at the Southeast corner thereof bears
Northwesterly a distance of 35.7 feet.
THENCE South 50 Degrees 15 Minutes 52 Seconds East with the Denton Corporate
Limits as defined by South Line of the17.75 I acre tract and the North right-of--way of
Spencer Road as shown by the plat of Municipal Utility Addition a distance of (392.9)
feet to the beginning of a curve to the left having a radius of 520 feet;
THENCE Southeasterly continuing with tttc said Denton Corporate Limits and the North
right-of--way of Spencer Road along the said curve an arc distance of 292.8 feet, (Chord
Bearing South 70 Degrees 08 Minutes 29 Seconds East a distance of 288.9 feet), to the
PLACE OF BEGINNING and enclosing 0.173 of an acre of land.
Coleman. & Assoc. Land Surveying
P.o. B<,x tsse
Dcntou, "Texas 7620`2
Ph~aic (940)5(15-8`215 I :~~ (9~10)5G5-J800
Tract 3
4.897 Acres
All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 1981 pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas State Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the most Westerly Southwest corner of the tract being described herein
at the most Westerly Southwest corner of the 26.474 acre tract, called to be on the North
line of Spencer Road at the most Westerly Southwest corner of the called 55 acre tract
described in the deed from Len R. Henderson et ux to the City of Denton recorded in
Volume 398, Page 576 of the Deed Records of Denton County, Texas;
THENCE North 68 Degrees 50 Minutes l0 Seconds East with the Denton Corporate
Limits as defined by the North line of the 26.474 acre tract a distance of 511.8 feet to an
angle point therein;
THENCE North 89 Dcgrecs 48 Minutes 10 Seconds East continuing with the Denton
Corporate Limits as defined by [he North line of the 26.474 acre tract a distance of 208.7
feet, more or less, to the Denton Corporate Limits as defined by the West line of the
17.751 acre tract described in the Annexation ordinance of the City of Denton, Texas
Ordinance No. 2000-133 pertaining to the voluntary annexation of 17.751 acres of land
contiguous and adjacent to the City of Denton; from which a % inch iron rod found at the
Northwest corner thereof bears Northeasterly a distance of 29.6 feet.
THENCE Southerly with the Denton Corporate Limits as defined by the West line of the
17.175 acre tract the following 5 calls:
1. South 40 Degrees 55 Minutes 47 Seconds West a distance of 131.8 feet;
2. South 00 Degrees 33 Minutes 12 Seconds West a distance of 206.8 feet;
3. North 89 Degrees 30 Minutes 38 Seconds West a distance of 49.2 feet;
4. South 00 Degrees 23 Minutes 54 Seconds East a distance of 269.3 feet;
5. South 23 Degrees 34 Minutes 48 Seconds East a distance of 89.7 feet, more or less, to
the Denton Corporate Limits as defined by the South line of the 26.474 acre tract from
which a % inch iron rod found at the Southwest corner of the 17.751 acre tract bears
South 23 Degrees 34 Minutes 48 Seconds West a distance of 1.7 feet;
THENCE North 47 Degrees 27 Minutes 58 Seconds West with the Denton Corporate
Limits as defined by the South line of the 26.474 acre tract a distance of 698.1 feet to the
PLACE OF BEGINNING and enclosing 4.897 acres of land.
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EXHIBIT B
CITY OF DENTON SERVICE PLAN FOR
A07-0002 Denton Municipal Electric Spencer Complex Annexation
L AREA ANNEXED
The annexation area is located on the north side of Spencer Road between Woodrow
Lane and Brinker Road. The sites are within a tract of land described in the Mary
Austin Survey Abstract Number 4 Denton County, Texas and being a part of the
called 26.474 acre tract described in the City of Denton Ordinance No 81-83 enacted
on July 21, 1981 pertaining to the alteration of certain boundary limits of the City of
Denton, Texas by the dis-annexation of certain uninhabited territory, consisting of
26.474 acres of land owned by the City of Denton, Denton County, Texas.
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(s) 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
Pire 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 from future Station #2, located at 3309 E. McKinney Sheet.
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 trafSc control devices
will be maintained by thel City of Denton on the effective date of [he
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. The closest
Denton Parks property to the proposed annexation area is Mack Park,
approximately 1.5 miles away. 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 and recycling collection services
will be provided to the newly annexed property immediately upon the
effective date of the annexation. To receive solid waste or recycling
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 [o complete and submit a
Service Agreement to Solid Waste Customer Service prior to receiving
service.
Commercial Refuse and Recycling Services
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 and recyclables types and volumes
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 refuse container with ,the lid closed will not be collected. Refuse
placed outside the refuse container is subject to code enforcement
regulations, including potential fines. Recyclables placed in a recycling
container shall not be bagged. Container lids shall be kept closed at all
times during periods of materials storage (when not placing materials in
the container).
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m.
to 4:00 p.nr. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. I~or information regarding disposal charges, call the Landfill
Office at 940-349-7510.
B. Water/Wastewater Facilities
There are water and wastewater facilities in the area to be annexed. The
City will provide a level of water and wastewater service, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastmcture, 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.
V.
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.
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 tCIP)
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 '/~) 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.
VTI. UNIFORM LEVEL OF SERV[CES MAY NOT BE REQUIRED
Nothing in this plan shall require the Ci[y 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 foe providing different levels of service.
VTII. 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. 'fhe City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Codc; Section 43.056 (Vernon Supp. 2000).