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2002-257ORDINANCE NO. AN ORDINANCE OF TIIE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 345.5 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST IN THE NORTHERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION 1N 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. (A02-0001) WHEREAS, the property owner has petitioned for the annexation of approximately 345.5 acres of land described herein; and WHEREAS, on June 12, 2002, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public heatings were held in the Council Chambers on May 14, 2002, and May 21, 2002, (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 June 18, 2002; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 23, 2002, 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 this the ~'~ ~i~e/day of ~~/-'- , 2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO~EGAL F_J/ORM: BY: EXI~BIT"W' BEING A 345.251 ACRE TRACT OF LAND SITUATED IN THE VICTOR E. GAILOR SURVEY, ABSTRACT NO. 452, MORRIS MAY SURVEY, ABSTRACT NO. 807, J.S. COLLARD SURVEY, ABSTRACT NO. 297, AND ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 299.738 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KLrHLKEN AND JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 67.871 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KUHLKEN AND WIFE, JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 345.251 ACRE TRACT, WITH REFERENCE BEARING OF NORTH 88 DEGREES 44 MINUTES WEST, BEING THE SOUTH PROPERTY LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT POINT FOR CORNER, BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT, AND BEING THE INTERSECTION POINT OF THE WESTERN RIGHT-OF-WAY LINE OF F.M. 2164 WITH THE SOUTH LINE OF THE VICTOR E. GAILOR SURVEY, ABSTRACT NO. 452; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, A DISTANCE OF 430.61 FEET TO A POINT FOR CORNER, BEING ON THE WEST LINE OF TRACT 3, ORDINANCE NO. 74-36 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED TRACTS OF LAND) AND BEING THE POINT OF BEGINNING; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE MOST SOUTHERN PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, WITH A FENCE ON THE SOUTH BOUNDARY LINE OF SAID GAILOR SURVEY, A DISTANCE OF 4420.36 FEET TO A POINT FOR CORNER, BEING IN THE MIDDLE OF AN ABANDONED ROAD; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE IN THE MIDDLE OF SAID ABANDONED ROAD, A DISTANCE OF 1186.21 FEET TO A POINT FOR CORNER; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG A SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE, A DISTANCE OF 1731.81 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT AND BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 64.871 ACRE TRACT; THENCE, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, WITH A FENCE, AND ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO TEXAS INSTRUMENT, INC. BY DEED AS RECORDED 1N VOLUME 963, PAGE 54, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 601.29 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, WITH A FENCE, ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO HOYT AND ELSIE COLE BY DEED AS RECORDED IN VOLUME 769, PAGE 321, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1092.46 FEET TO A POINT FOR CORNER; SOUTH 70 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 111.57 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 31 MINUTES 42 SECONDS WEST, A DISTANCE OF 684.77 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT AND BEING IN THE WEST PROPERTY LINE OF SAID COLE TRACT; THENCE, NORTH 02 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, BEING IN THE NORTH LINE OF THE A. WHITE SURVEY, ABSTRACT NO. 1406 AND THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, SOUTH 88 DEGREES 31 MINUTES 42 SECONDS EAST, ALONG A PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 624.97 FEET TO A POINT FOR CORNER, BEING ON THE NORTH LINE OF THE J.S. COLLARD SURVEY, ABSTRACT NO. 297 AND BEING ON THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, ALONG THE WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 06 M1NUTES 36 SECONDS EAST, WITH A FENCE, A DISTANCE OF 1764.22 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 56 MINUTES 33 SECONDS EAST, WITH A FENCE, A DISTANCE OF 141.05 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, SOUTH 88 DEGREES 04 MINUTES 23 SECONDS EAST, ALONG THE NORTH PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 1089.91 FEET TO A POINT FOR CORNER, BEING THE NORTHEAST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, ALONG THE SOUTH LINE OF ORDINANCE NO. 85-151 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED A TRACT OF LAND), THE FOLLOWING COURSES AND DISTANCES: SOUTH 20 DEGREES 57 IvlINUTES 19 SECONDS EAST, ALONG THE EAST PROPERTY LINE OF AFORESAID 64.871 TRACT, A DISTANCE OF 166.42 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 299.738 TRACT; SOUTH 88 DEGREES 33 MINUTES 55 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 2454.32 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 50 MINUTES 11 SECONDS WEST, ALONG A PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT WITH A FENCE, A DISTANCE OF 992.66 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 05 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 4376.80 FEET TO A POINT FOR CORNER, BEING ON THE WEST LINE OF SAID TRACT 3 OF ORDINANCE NO. 74-36; THENCE, SOUTH 00 DEGREES 29 MINUTES 36 SECONDS WEST, OVER AND ACROSS AFORESAID 299.738 ACRE TRACT AND ALONG SAID WEST LINE OF TRACT 3 OF ORDINANCE NO. 74-36, A DISTANCE OF 1941.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 345.251 ACRES OF LAND, MORE OR LESS. EXHIBIT "B" CITY OF DENTON DRAFT SERVICE PLAN FOR A02-0001 (Loop 288 & Locust) I. AREA ANNEXED The annexation area is located in the northern portion of Denton's Extraterritorial Jurisdiction and contains approximately 345.5 acres generally located north of Loop 288, east of Bonnie Brae and west of Locust. 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) (Vemon 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 inlSastmcture 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, 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. 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"). 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 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. 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 ma'mtained 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 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 and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organ/zing 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 commemial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commemial 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 brash service is provided. Recycling services are available. 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 The area lies within the City of Demon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an existing 12" waterline on North Locust (FM 2164) approximately 2000 ft south of Loop 288 and a 16" waterline at the northeast comer of the UNT property (old Texas Instalments facility). The water distribution system upgrade program required to provide for the introduction of water supplies from the new Lake Ray Roberts Water Treatment Plant also calls for the installation of a 42"/36" transmission line to be installed along Loop 288 from Sherman Drive (FM 428) to the 16" line at the UNT property. This project is funded in the FY 2002 Water Utilities Capital Improvements Program (CIP) and will improve the water supply capacity in the area sufficient to support the proposed land uses in the proposed annexation area and reduce the length of the extension of waterlines necessary to serve the property. Currently there are no existing sewer lines on the north side of the Loop 288 to serve the proposed development. There is an existing 18-inch sewer line in the Pecan Creek basin that was constructed to serve the TI facility (See Map Exhibit I). This 18-inch sewer line is south of the Loop 288. The proposed development drains naturally to the Clear Creek basin. There are no existing city sewer facilities in the Clear Creek basin. The proposed development will need a lift station to lift all wastewater flows into the Pecan Creek or a combination of Pecan Creek and Cooper Creek basins. Computer modeling of the wastewater system will provide the means necessary to accommodate all of the wastewater flows in the existing sewer system downstream of the development. 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. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure ma'mtenance that is comparable to the level of services, infrastructure, and infrasmlcture 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. Vo 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 irrfi'astructure 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 the current electric service provider for this site. 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 VI. City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infzastructure, 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 1/2) 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. VIII. IX. 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. 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. 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).