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2002-024S:\Our Documents\Ordinances\01~A01-0006 Ordinance.doe ORDINANCE NO. d~gTt~ - ~ 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROX2MATELY 2.67 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF CRAWFORD ROAD, EAST OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E. PIZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 7.597 ACRE TRACT DESCRIBED IN THE DEED FROM ONE LONGHORN LAND, L.L.C., TO 1- 35 CRAWFORD ROAD PARTNERS RECORDED BY COUNTY CLERK'S FILE NUMBER 98-R0077377 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A01-0006) WHEREAS, the property owner has petitioned for the annexation of approximately 2.67 acres of land described herein; and WHEREAS, on October 10, 2001, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public heatings were held in the Council Chambers on October 2, 2001, and October 9, 2001, (both days being on or after the 20th day but before the 40th 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 November 6, 2001; and WHEREAS, this ord'mance has been published in full one time in the official newspaper of the City of Denton on November 11, 2001, 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 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 this ordinance. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thisthe ~--~(~ day of ~/g/.Z,/~/~, 200~.aq~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CIT~Y SECRETARY BY: ~2~ APPROVED AS TO LEGAL FORM: HERB~O~I~Y ATTORNEY All that certain tract of land situated in the E. Pizano Survey, Abstract Number 994, Denton County, Texas, and being part of the called 7.597 acre tract described in the deed fi-om One Longhorn Land, L.L.C., to 1-35 Crawford Road Partners recorded by County Clerks file Number 98-R0077377 Real Property Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point for the Northwest comer of the herein described tract of land, said point also being the northwest comer of said 7.597 acre tract; TI~le. NCE South 00 Degrees 37 Minutes 35 Seconds West with the East line thereof, a distance of 458.89 feet to a point for the northeast comer of the called 0.378 acre tract described in the deed from Leslie B. Moorman to Mary Alice Moorman recorded in Volume 924, Page 890, Deed Records, Denton County, Texas; THENCE North 88 Degrees 57 Minutes 53 Seconds West with the North line of said 0.378 acre tract a distance of 92.56 feet to a point for the Northwest comer of said 0.378-acre tract; THENCE South 01 Degrees 18 Minutes 12 Seconds West with the West line thereof a distance of 149.73 feet more or less to a point for a comer on the North line of Crawford Road; THENCE West with the North line of said road a distance of 293.94 feet more or less to a point for a comer; THENCE North 30 Degrees 27 Minutes 35 Seconds East along the existing Denton city limits line established by Ordinance Number 74-36, a distance of 702.75 feet more or less to a point for the Northwest comer; THENCE South 86 Degrees 46 Minutes 04 Seconds East with said North line, a distance of 38.70 feet to the POINT OF BEGINNING and containing 2.67 acres of land more or less. EXHIBIT "B" CITY OF DENTON SERVICE PLAN FOR A01-0006 (Crawford Road/Schrader) AREA ANNEXED The annexation area is located in the southwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 2.67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road. 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, code enforcement and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. 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. Fire Protection and Fire Prevention Fire protection and prevention services will be provided on the effective date of the annexation using existing Denton Fire Department personnel, equipment, and mutual aid agreements with Argyle Volunteer Fire Department and Ponder Volunteer Fire Department. The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure ma'mtenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area. Fire station #7, located at FM 2449 and 1-35 West is approved in the 2003 Capital Improvement Program. The City of Denton will provide emergency medical services ("EMS"). Road 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 ma'mtained 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. 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 4.85, 4.66 and 4.33 miles 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 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 fi.om 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 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. 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 commercial solid waste service provider in the City. The Department is an entirely fee based operation and received no resources from taxes. Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Residents have the option to choose between a private company or service with the City of Denton. The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43.056(0) (Vernon Supp. 2000). To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/application for service. Currently the site contains no residences or businesses. Water/Wastewater Facilities The City of Denton has no existing utility lines located within the proposed annexation area. 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. The desired water and wastewater service options and the phasing of the improvements will be determined as a part of the land development and platting process. The financial responsibilities for funding water and wastewater system improvements to serve the development will be negotiated with the developer and approved by the Denton Public Utilities Board, Planning and Zoning Commission and City Council. 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. 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 an electric service provider in this area. 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 dra'mage 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. VIII. 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. 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 ~nay amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Govemment Code, Section 43.056 (Vernon Supp. 2000).