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
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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:
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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
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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.
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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
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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.
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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).
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