2002-027S:\Our Documents\Ordinances\0BA01-0007 Ordinance.doc
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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).