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2004-134S:\Our Documents\Ordinances\04~A03-0002.doc AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 35.43 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF EDWARDS ROAD, WEST OF SWISHER ROAD AND NORTH OF POCKRUS PAGE ROAD IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 DENTON COUNTY, TEXAS BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVDENCED IN A DEED RECORDED IN VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO W. E. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL AS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTiVE DATE. (A03 -0002) WHEREAS, on or about September 24, 2003, the property owner, Harold HoligardRita Beck (the "Petitioner") petitioned for voluntary annexation of approximately 80.3 acres of real property located in the extraterritorial jurisdiction of the City of Denton, Texas; and WHEREAS, on or about February 3, 2004 the Petitioner reduced the size of the area to be annexed to approximately 35.43 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on or about March 10, 2004, the Planning and Zoning Commission recommended approval of the annexation; 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 all required notices were given in the time and manner required by law; and WHEREAS, public heatings before the City Council were held in the Council Chambers on February 17, 2004, and March 2, 2004, (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 beating 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 on March 23, 2004; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on March 28, 2004, 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. The Service Plan was consented to by the Petitioner. 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 fi:om 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 ~fi~ , 2004. EULINEBROCK, MAYOR ATTEST: JENNWERWALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EXHIBIT "A" BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN VOLLrME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVIDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO W. E. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1 BEGINNING AT THE NORTHWEST CORNER OF A CALLED 10.00 ACRE TRACT OF LAND, CONVEYED TO ALLEN P. LUBBERS AS EVIDENCED IN A DEED RECORDED IN COUNTY CLEARK'S FILE NO. 96-R0069629 R.P.R.D.C.T., AND THE NORTHWEST CORNER OF THE CURRENT CITY LIMITS LINE OF THE CITY OF DENTON AS DESCRIBED IN CITY ORDINANCE NUMBER 99-262, SAME BEING IN EDWARDS ROAD; THENCE SOUTH 02 DEGREES 16 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID 10.00 ACRE TRACT AND THE WEST CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 99-262, A DISTANCE OF 1336.22 FEET TO A CORNER, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 84-17; THENCE NORTH 87 DEGREES 56 MINUTES 20 SECONDS WEST, DEPARTING THE WEST LINE OF SAID 10.00 ACRE TRACT AND ALONG SAID NORTH CITY LIMIT LINE, A DISTANCE OF 1193.51 FEET TO A CORNER, SAME BEING ON THE WEST LINE OF AFORESAID 16.0 ACRE TRACT; THENCE NORTH 02 DEGREES 37 MINUTES 25 SECONDS EAST, CONTINUING ALONG THE SAID WEST LINE, A DISTANCE OF 788.12 FEET TO A CORNER; 4 THENCE SOUTH 86 DEGREES 34 MINUTES 49 SECONDS EAST, DEPARTING THE WEST LINE OF SAID 16.0 ACRE TRACT, A DISTANCE OF 511.14 FEET TO A CORNER; THENCE SOUTH 87 DEGREES, 47 MINUTES 33 SECONDS EAST, A DISTANCE OF 302.42 FEET TO A CORNER ON THE WEST LINE OF SAID TED COWART TRACT; THENCE NORTH 02 DEGREES 11 MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF SAID COWART TRACT, A DISTANCE OF 569.08 FEET TO A CORNER, SAME BEING ON THE SOUTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 86- 15; THENCE SOUTH 86 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG SAID CITY LIMITS LINE, A DISTANCE OF 378.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.24 ACRES OF LAND. TRACT 2 BEGINNING AT THE NORTHEAST CORNER OF AFORESAID CONVEYED TO SAID KLHB DEVELOPMENT OF DENTON, LLC; 8.834 ACRE, AS THENCE SOUTH 02 DEGREES 02 MINUTES 31 SECONDS WEST, ALONG THE EAST LINE OF SAID 8.834 ACRE TRACT, THE EAST LINE OF THE JOY POWELL REMAINDER, A DISTANCE OF 724.32 FEET TO A CORNER; THENCE NORTH 87 DEGREES 02 MINUTES 50 SECONDS WEST, A DISTANCE OF 73.11 FEET TO A CORNER; THENCE SOUTH 02 DEGREES 00 MINTUES 40 SECONDS WEST, A DISTANCE OF 596.16 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A CORNER, SAME BEING ON THE EAST CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE NUMBER 84-17; THENCE NORTH 02 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE SAID EAST CITY LIMITS LINE, A DISTANCE OF 165.27 FEET TO A CORNER; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 315.27 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, CONTINUING ALNG SAID EAST CITY LIMITS LINE, A DISTANCE OF 497.34 FEET TO A CORNER; THENCE NORTH 10 DEGREES 22 MINUTES 22 SECONDS WEST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 354.20 FEET TO THE NORTHWEST CORNER OF SAID 8.834 ACRE TRACT, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 84-17; 5 THENCE SOUTH 88 DEGREES 12 MINUTES 56 SECONDS EAST, ALONG THE NORTH LiNE OF SAID 8.834 ACRE TRACT, A DISTANCE OF 437.59 FEET TO THE POINT OF BEGINNING AND CONTAiNING 9.19 ACRES OF LAND. LOCATION MAP EXHIBIT "B" CITY OF DENTON DRAFT ANNEXATION SERVICE PLAN A03-0002 (Village of Carmel) I. AREA ANNEXED THE ANNEXATION AREA IS LOCATED IN THE SOUTHEAST PORTION OF DENTON' S EXTRATERRITORIAL JURISDICTION AND CONTAINS APPROXIMATELY 35.43 ACRES GENERALLY LOCATED NORTH OF POCKRUS PAGE ROAD, SOUTH OF EDWARDS ROAD, AND WEST OF SWISHER 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. IlL AD VALOREM (PROPERTY OWNER) TAX SERVICES Police Protection, Code Enforcement, 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. 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 12 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). 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. 7 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 located 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. 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. 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 maint~fmed 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. 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 Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by OrcFmance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quahty 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 Solid Waste Annexation Service Plan for A03-0002 (Village of Carmel) The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. 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 8 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 request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940- 349-8420. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to commencing service. Residential Containerized Refuse Service Each residential address will be provided a 96-gallon 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. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Residential Curbside Recycling Service Curbside recycling services are provided to all residential solid waste service customers. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and l~equencies of collection, based on the waste 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. 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. Currently, the majority of the area to be annexed is not provided with water or sewer service. A small public water system, Swisher Road WSC, serves an area east of the annexation area along Swisher Road. Sewage disposal within the Swisher Road WSC area is by private, on-site drainfield systems. A City of Denton waterline exists adjacent to the annexation area. Additional water and sewer lines are located along the boundaries of the annexation area. The City shall 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. CJ Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall 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. DJ 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 infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services l0 equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. LEVEL OF SERVICES 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 heating 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). PETITIONER HEREBY CONSENTS TO THE ABOVE SERVICE PLAN Harold Holigan Date: Rita Beck Date: