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2002-027S:\Our Documents\Ordinances\0BA01-0007 Ordinance.doc 0RDINANCBN0. ~ff~'~ t~ 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 300 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LIVELY ROAD, SOUTH OF FM 2449 AND WEST OF C. WOLFE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION LYING WITHIN C. MANCHACA SURVEY, ABSTRACT NUMBER 789, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN CALLED 100.00 ACRE TRACT DESCRIBED IN THE DEED TO M. T. COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY RECORDED IN VOLUME 247, PAGE 529, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING ALL OF A CERTAIN CALLED 193.57 ACRE TRACT DESCRIBED IN THE DEED TO M. T. COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY RECORDED IN VOLUME 247, PAGE 594, OF SAID DEED RECORDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A01-0007) WHEREAS on July 24, 2001, the City Council directed staff to initiate the annexation proceedings for annexation of approximately 300 acres of land; and WHEREAS on October 10, 2001, the Planning and Zoning Commission recommended approval of the annexation; and WHEREAS the City Council finds that the area being annexed 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 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 October 2, 2001, and October 9, 2001, (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 November 6, 2001; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton 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.~)~;~ dayof _~(~/~ff~-', 200/~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~~TORNEY BY: ' - '/I/, EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the C. Manchaca Survey, Abstract number 789, Denton County, Texas, and being a portion of a certain called 100.00 acre tract described in the deed to M. T. Cole fi.om Henry Lively and wife, Lillian Lively recorded in volume 247, page 529, Deed Records of Denton County, Texas, and being ail of a certain called 193.57 acre tract described in the deed to M. T. Cole fi'om Henry Lively and wife, Lillian Lively recorded in volume 247, page 594, of said Deed Records and being more particularly described as follows: COMMENCING at the point in the present city limits line as established by Ordinance No. 99- 220, said point being the Northeast comer of said Ordinance 99-220 also being the Southeast comer of said C. Manchaca survey THENCE West, aiong the north line of said Ordinance a distance of 2,120.0 feet, more or less, to a point lying in the south line of ri. Lively Road and being the POINT OF BEGINNING of the herein described tract of land; THENCE West, along the south line of said road and the north line of said Ordinance a distance of 3,580.3 feet to a point for a comer; THENCE North, across said road a distance of 50.0 feet, more or less, to a point on the north line of said road; THENCE West, along the north line of said road a distance of 292.66 feet, more or less, to a point for a comer lying in the west boundary line of said 100.00 acre tract; THENCE North, along the west boundary line of said 100.00 acre tract a distance of 3,276.85 to a point for a comer being the northwest comer of said 100.00 acre tract; THENCE East, along the north boundary line of said 100.00 acre tract and passing at 1,319.26 feet the northeast comer of said 100.00 acre tract and also being the northwest comer of said 193.57 acre tract and then continuing along the north boundary line of said 193.7 acre tract a total distance of 3,872.96 feet to a point being the northeast comer of said 193.7 acre tract; THENCE South, aiong the east boundary line of said 193.7 acre tract a distance of 3,326.85 feet to the POINT OF BEGINNING and containing 295.46 acres of land, more or less. EXHIBIT "B" CITY OF DENTON SERVICE PLAN FOR A01-0007 (Robson Ranch North) AREA ANNEXED The annexation area is located in the southwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 300 acres generally located north of Lively Road, south of FM 2449 and west of C. Wolfe 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. III. 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 thc effective date of thc annexation using exisfmg Denton Fire Department personnel, equipment, and mutual aid agreements with Argyle Volunteer Fire Department and Ponder Volunteer Fire Department. Thc City shall provide a level of services, infrastructure and infi'astructure 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 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 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. 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 5 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. Ee 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 from thc 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 Rural 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 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 thc 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(o) (Vemon 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. Be 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, in~astmcture 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. Ce 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 infi'astructure 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. De 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. CoServe is providing electric service. 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 atler 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. 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 Government Code, Section 43.056 (Vernon Supp. 2000).