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2003-231ORDINANCE NO. OAO'~2J `o? J / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2181) AND WEST OF BLUE BONNETT IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001) WHEREAS, the property owner has petitioned for the annexation of approximately 67.69 acres of land described herein; and WHEREAS, on May 14, 2003, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 13, 2003, and May 27, 2003, (both days being on or after the 20`h day but before the 40`h day before 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 17, 2003; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 21, 2003, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and 1 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 tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION 2. The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed 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 3. 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 the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed 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 the ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED on first reading on the 4ay of 2003 and on the second and final reading on this the La day of l7-ic 12003. p %L ! {yq EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITI;I' ATTORNEY By: 2 EXHIBIT "A" ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT THE INTERSECTION OF THE CORPORATE LIMITS OF THE CITY OF DENTON ANNEXATION AS DESCRIBED IN ANNEXATION ORDINANCE NUMBER 87-119, WITH THE NORTH LINE OF THE SAID 13.404 ACRE DENTON INDEPENDENT SCHOOL DISTRICT TRACT, SOUTH 89 DEGREES 36 MINUTES EAST A DISTANCE OF 200 FEET FROM A 2 INCH STEEL FENCE CORNER POST AT THE NORTHWEST CORNER THEREOF ON THE EAST RIGHT-OF-WAY OF F.M. HIGHWAY 2181; THENCE SOUTH 89 DEGREES 36 MINUTES EAST WITH THE NORTH LINE OF THE SAID 13.404-ACRE TRACT A DISTANCE OF 1449 FEET, MORE OR LESS, TO A 1/2 INCH IRON ROD FOUND AT A FENCE CORNER POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 DEGREES 39 MINUTES WEST WITH THE EAST LINE OF THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS A DISTANCE OF 2124 FEET, MORE OR LESS, TO A 1 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 DEGREES 40 MINUTES WEST WITH THE SOUTH LINE OF THE 37.595-ACRE TRACT A DISTANCE OF 1095 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE SAID CITY OF DENTON CORPORATE LIMITS; THENCE NORTHERLY ACROSS THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS WITH THE SAID CITY OF DENTON CORPORATE LIMITS, 250 3 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF F.M. 2181, THE FOLLOWING 4 CALLS: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 896.28 FEET, AN ARC LENGTH OF 628.58 FEET, MORE OR LESS, (CHORD BEARING NORTH 25 DEGREES 12 MINUTES 05 SECONDS WEST A DISTANCE OF 615.78 FEET) TO THE END OF THE SAID CURVE; 2. NORTH 05 DEGREES 06 MINUTES 36 SECONDS A DISTANCE OF 602.44 FEET, MORE OR LESS, TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,755.54 FEET; 3. ALONG THE ARC OF THE SAID CURVE, AN ARC LENGTH OF 235.38 FEET, MORE OR LESS, (CHORD BEARING NORTH 02 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 235.30 FEET) TO THE END OF THE SAID CURVE; 4. NORTH 00 DEGREES 14 MINUTES WEST A DISTANCE OF 748 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING AND ENCLOSING 67.69 ACRES OF LAND, MORE OR LESS. 4 EXHIBIT "B" CITY OF DENTON DRAFT SERVICE PLAN FOR A03-0001 (Teasley Lane High School) 1. AREA ANNEXED The annexation area is located in the southeastern portion of Denton's Extraterritorial Jurisdiction and contains approximately 67.69 acres generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. 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, 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 be needed. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. 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 5 minutes, which is similar to responses for surrounding properties within the city limits. 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 5 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. 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 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 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 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 A. Solid Waste Collection 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 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 frequencies 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. B. 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 area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of Denton and is served by water and wastewater lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary water and wastewater infrastructure in accordance with the Denton Development Code. 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. C. 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. 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. Denton Municipal Electric is the current electric service provider for this site. 8 V. 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 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 %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. VII. 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. 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 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). 9