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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. ~- ~~ ~; ~ ~: ~ ~,°ta Coleman & Assoc. Land Surveying ~, .1 i,. ~„ `r `~ - ` ~~ P.U. Boa (i8(i ~~~ x-~, ~ ' ','^~ Dcukm,'I'czas 7(iY02 ~<:~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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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).