2004-192S:\Our Documents\Ordinances\04~A04-0001.DOC
O INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
63.32 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CiTY OF DENTON,
TEXAS, LOCATED WEST OF SWISHER ROAD AND NORTH OF EDWARDS ROAD, IN
THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL
JURISDICTION IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON
COUNTY TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 88 ACRE TRACT
OF LAND CONVEYED TO BONNIE E. COONRON AND WIFE MARY LOU COONROD
AS RECORDED IN VOLUME 432, PAGE 194, DEED RECORDS OF DENTON COUNTY,
TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVDING
A SEVERABILITY CLAUSE; AND PROVIDiNG AN EFFECTIVE DATE. (A04-0001)
WHEREAS, on or about January 13, 2003, the property owner, Bonnie E. Coonrod (the
"Petitioner") petitioned for voluntary annexation of approximately 55.2 acres of real property
located in the extraterritorial jurisdiction of the City of Denton, Texas; and
WHEREAS, on or about April 14, 2004 the Petitioner increased the size of the area to be
annexed to approximately 63.32 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 May 26, 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 hearings before the City Council were held in the Council Chambers
on May 4, 2004, and May 18, 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 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 on June 8, 2004; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on June 13, 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 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 ~/~,vt t,day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,_ /
APPROVED AS TO LEGAL FORM:
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EXHIBIT "A"
All of certain tract of land lying and being situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being a portion of that certain called 88
acre tract of land conveyed to Bonnie E. Coonrod and wife Mary Lou Coonrod, recorded
in Volume 432, Page 194, Deed Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point found for the northwest corner of a 4.19 acre tract of land
conveyed to Bobby Coonrod, recorded in Volume 961, Page 348, Deed Records of
Denton County, Texas, said point being in the north line of said 88 acre tract and being
North 86 degrees 46 minutes 50 seconds West, 304.31 feet from the northeast corner
of said 88 acre tract, said point being in the south line of the tract of land conveyed to
the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton
County, Texas, and also being in the south line of the existing Denton city limits line
established by Ordinance Number 83-18;
THENCE South 02 degrees 30 minutes 20 seconds West, along the west line of said
4.19 acre tract, and through the interior of said 88 acre tract, a distance of 598.74 feet to
a point for a corner, said point being the southwest corner of said 4.19 acre tract;
THENCE South 86 degrees 34 minutes 09 seconds East, along the south line of said 88
acre tract, and said 4.19 acre tract, and through the interior of said 88 acre tract, a
distance of 289.44 feet to a point for a corner, said point being in a fence line running
north and south on the west line of Swisher Road;
THENCE South 02 degrees 13 minutes 37 seconds West, through the interior of said 88
acre tract, and along the said fence line more or less, a distance of 296.76 feet to a
point for a corner, said point being in the north line of a 1.06358 acre tract of land
conveyed to Rhonda Burkhardt, recorded in Volume 5214, Page 2952, Deed Records of
Denton County, Texas;
THENCE North 87 degrees 35 minutes 54 seconds West, along the north line of said
1.06358 acre tract, and through the interior of said 88 acre tract, a distance of 288.25
feet to a point for a corner, said point being the northwest corner of said 1.06358 acre
tract;
THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88
acre tract, a distance of 303.97 feet to a point for a corner;
THENCE South 87 degrees 35 minutes 54 seconds East, through the interior of said 88
acre tract, a distance of 288.25 feet to a point for a corner in the west line of said
Swisher Road, and being in said fence line running north and south more or less;
THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88
acre tract, and along the west line of said Swisher Road, and along the said fence line
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running north and south more or less, a distance of 379.42 feet to a point for a corner,
said point being in north line where Swisher Road turns west;
THENCE North 86 degrees 55 minutes 35 seconds West, along the north line of said
Swisher Road, and more or less along a fence line running east and west, and through
the interior of said 88 acre tract, a distance of 340.02 feet to a point for corner;
THENCE South 02 degrees 28 minutes 11 seconds West, continuing through the
interior of said 88 acre tract, a distance of 20.00 feet to a point for a corner, said point
being in the south line of said 88 acre tract, same being the north line of a tract of land
conveyed to John M. Devries, recorded in Volume 4792, Page 458, Deed Records of
Denton County, Texas, said point being in the north line of the existing Denton City
limits line established by Ordinance Number 84-17 tract III;
THENCE North 86 degrees 55 minutes 35 seconds West, along the south line of said
88 acre tract, a distance of 1388.82 feet to a point for a corner;
THENCE North 87 degrees 23 minutes 12 seconds West, continuing along the south
line of said 88 acre tract, and along the north line of said Ordinance Number 84-17 Tract
III, a distance of 159.82 feet to a point for a corner, said point being an interior corner of
said Ordinance Number 84-17 Tract III;
THENCE North 02 degrees 26 minutes 20 seconds East, through the interior of said 88
acre tract, and along' the easterly line of said Ordinance Number 84-17 Tract III, a
distance of 1606.05 feet to a point for a corner, and being the northeast corner of said
Ordinance Number 84-17 Tract III, and the south line of said Ordinance Number 83-18;
THENCE South 86 degrees 46 minutes 50 seconds East, along the common line of said
88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume
1177, Page 166, Deed Records of Denton County, Texas, and the south line of said
Ordinance Number 83-18, a distance of 1599.28 feet to the POINT OF BEGINNING and
containing 2,758,252 square feet or 63.32 acres of land.
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I City of Denlon I
I CityofDentonI
ICity of Denton'
LOCATION MAP
EXHIBIT "B'
CITY OF DENTON
DRAFT SERVICE PLAN FOR
A04-0001 (Longhorn Development)
I. AREA ANNEXED
The annexation area is located in the northem portion of Denton's Extraterritorial
Jurisdiction and contains approximately 63.32 acres generally located west of Swisher Road
and north of Edwards 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
Ao
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. If annexed and developed as proposed,
additional personnel and equipment will not needed. 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").
Co
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.
6
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 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.
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 bc 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 Denton Development Code, Chapter 35
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 Ordinance 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 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
Solid Waste Collection
The City of Denton is the exclusive residential and comauercial 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
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-
349-8787. Commercial customers are required to complete and submit a Service
Agreement to Solid Waste Customer Relations prior to being provided services.
Commercial Services
Multi-family living units and the golf course facilities are provided solid waste
collection services using commercial containers. Containers are available in a
variety of sizes utilizing both front load and roll off service. Collection
frequencies will be established based on the container size selected and the waste
volume generated. The most economical service is obtained by requesting the
largest container available for the area, with the least amount of collection
services possible. 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.
Commercial recycling services may be available for specific volumes and types of
materials. Please contact the Solid Waste Recycling Division at 940-349-8054 to
discuss the potential for the City to provide commercial recycling services and to
obtain recycling rate information.
The construction and service requirements provided in the Denton Development
Plan apply for all new development. For specific solid waste questions concerning
commercial services or construction issues, please contact the Solid Waste
Department at 940-349-8069.
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
disposal information and rates, please contact the Landfill Office at 940-349-
7510.
Ce
Water/Wastewater Facilities
The area lies within the City of Denton's Certificate of Convenience and
Necessity (CCN) service area for both water and wastewater service. The nearest
available water lines that could be extended by the developer to serve the property
are an 12" waterline under construction approximately 2000 feet south of the
southern property line of the proposed annexation.
Parallel 21" and 24" sewer mains are approximately 260' - 360' northwest/north
of the northwest property comer.
Computer modeling of the wastewater system will provide the means necessary to
accommodate all of the wastewater flows in the existing sewer system
downstream of the development.
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.
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.
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, ir~astmcmre,
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.
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.
VI.
VI.
VII.
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.
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
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.
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.
TERM
This service plan shall be valid for a term often (10) years. Renewal of the service
plan shall be at the discretion of City Council.
VIII.
AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occmrences 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
Bonne E. Coonrod
Date:
l0