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2001-244 O INANCENO / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1200' WEST OF LAKEVIEW BOULEVARD IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0002) WHEREAS, on January 9, 2001, the C~ty Council of the City of Denton has d~rected staff to begin annexation proceedings for annexatmn of approximately 46 acres of land described here~n, and WHEREAS, on April 11, 2001, the Planmng and Zoning Commission recommended approval of the annexation, and WHEREAS, the City Council finds that the area bemg annexed contains fewer than 100 separate tracts of land on which one or more res~dentml dwelhngs 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 t~me and manner required by law, and WHEREAS, public heanngs before the City Councd were held in the Council Chambers on April 3, 2001, and May 15, 2001, (both days being on or after the 20th day but before the 40th day of the date of the mst~mtion of the proceedings) to allow all ~nterested persons to state their views and present evidence beanng upon tlus annexation, and WHEREAS, annexation proceedmgs were mstltuted for the property described here~n by the introduction of th~s ordinance at a meeting of the City Council on May 15, 2001, and WHEREAS, this ordinance has been pubhshed m full one t~me m the official newspaper of the Ctty of Denton on April 29, 2001, after annexation proceedings were mst~tuted and 30 days prior to City Cotmcd takmg final actaon, as required by City Charter, and WHEREAS, the C~ty Cotmcfl finds that the annexation wall allow the city to ensure development consistent w~th The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS Page 1 of 2 S \Our Documents\Ordmances~01~'A01'0002 doc ~ The tract of land described ~n Exinb~t "A", attached hereto and ~ncorporated by reference, ~s annexed to the C~ty of Denton, Texas ~ The serwce plan attached as Exinbtt "B", and ~ncorporated by reference, winch proWdes for the extension of mumc~pal serwces to the annexed property, ~s approved as part of this ordinance The service plan was made avtulable for pubhc ~nspect~on and explanation to the inhabitants of the area being annexed at the above described pubhc heanngs SET~ Should any part of th~s ordinance be held dlegal for any reason, the holding shall not affect the rema~mng port~on of tins ordinance and the C~ty Council hereby declares it, to be ~ts purpose to annex to the C~ty of Denton all the real property descnbed m Exinb~t "A' regardless of whether any other part of the described property ~s hereby effectively annexed to the City If any part of the real property annexed ~s already ~ncluded v~tinn the c~ty hm~ts of the C~ty of Denton or wathm the hm~ts of any other c~ty, town or mllage, or ~s not w~thln the City of Denton's jurisdiction to annex, the same is hereby excluded from the temtory annexed as fully as ffthe excluded area were expressly described m th~s ordinance ~ Tins ordinance shall become effective ~mmedmtely upon its passage and approval ~/5~ PASSED AND APPROVED tins the/f/~7/day of ,2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 S \Our Dol:uments\Ordmances~01~A01 0002 doe EXHIBIT A LEGAL DESCRIPTION Bemg a tract of land s~tuated m the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land described in a deed to Nell Musgrave, et al, recorded m Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more partmularly described by metes and bounds as follows BEGINNING at a fence post on the south right-of-way hne of Blagg Road (variable width right-of-way being the northeast comer of stud Musgrave tract and being the northwest comer of a tract of land described xn a deed to Lakevlew Ranch L P recorded in Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South w~th the east hne of smd Musgrave tract and a w~re fence, and the west line of smd Lakeview Ranch tract, a d~stance of 1643 50 feet to a fence post bemg the northeast comer of a tract of land described ~n a deed to Doug Prew~tt and Anna Kay Prewatt recorded m Volume 1965, Page 834 of the Deed Records of Denton County, Texas; THENCE West with the south line of stud Musgrave tract, and the north hne of stud Prew~tt tract, and the north hne of the H O and Lavoma Jo Prewltt tract recorded ~n Volume 820, Page 614, of the Deed Records of Denton County, Texas, a d~stance of 1421 00 feet to a pmnt on the north line of a tract of land described m a deed to Doug Prewttt and Anna Kay Prewxtt recorded m Clerk's File No 93-R0057448 of the Deed Records of Denton County, Texas, also being the southeast comer of a 15 foot road easement conveyed to Beamce J Peterman, recorded ~n Volume 481, Page 526, Deed Records of Denton County, Texas, from smd point a "T" post bears North 32 degrees 01 minutes 38 seconds East, a d~stance of 5 34 feet, THENCE North wxth the west line of stud Musgrave tract, and the east hne of stud road easement, a d~stance of 710 41 feet to a V2"lron rod found for a comer, THENCE East, a d~stance of 165 00 feet, to a V2 ~nch iron rod set with a cap stamped "Pretuse Land Surv "being an ell comer of stud Musgrave tract, THENCE North, a d~stance of 261 78 feet, to a 1/2 inch iron rod set w~th a cap stamped "Precise Land Surv "being an ell comer of stud Musgrave tract, THENCE West, a d~stance of 165 00 feet, to a V2 tach iron rod found for a comer, on the east hne of the aforestud 15 foot road easement, THENCE North, w~th stud eat lme, a d~stance of 247 72 feet, to a 3/8 inch iron rod found being the southwest comer of a tract of land described in a deed to Arch Oldham and Jonme Kathleen Dunn Oldham recorded ~n Volume 2860, Page 802 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 59 minutes 36 seconds East, with the south line of smd Oldham tract and a wire fence, a distance of 676 35 feet to a fence post beang the southeast comer of a tract of land described an a deed to Ernest B Parsons recorded in Clerk's File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 minutes 17 seconds West, with the east lane of smd Parsons tract and a ware fence, a chstance of 416 59 feet to a fence post on smd south right-of-way line beang the northeast comer of smd Parsons tract, THENCE North 89 degrees 28 minutes 01 second East, smd south right-of-way hne, a d~stance of 745 32 feet to the POINT OF BEGINNING, and contmnlng 2,003,300 square feet or 45 989 acres of land EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) AREA ANNEXED The annexation area is located m the e~stc~:n posen of Denton's Extraterritorial ~uns(hctton and contains approximately 46 acres along the south side of Blagg Road appr0xnnately 1,000 feet wescor Lakevmw Boulevard The annexahon site ~s found south of Blagg Road, approxnnately 1000' west of Lakevmw Boulevard II INTRODUCTION Tins senuco plan has been prepared m accordauce v~th the Texas Local Government Code, Sections 43 021, 43 055, and 43 055Co)-(o) (Vernon 1999, as amended) Municipal facilities and services to the nnnexed area descnbcd above v~ll be provided or made available on behalf of the City m accordauce with the foltowmg plan The Clty l shall provide the annexed tract the levels of serwce, nff~astructure, and infrastructure maintenance that are comparabl~ to the levels of sennce, infrastructure, and ~ufrastructure maintenance available m other parts of the city vath s~m~lar topography, land use, and populatton dens~ty AD VALOREM (PRO?ERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Ammal Control Pohce service, including patrolhng, response to calls, and other routine functions, vall be provided to the pwperty upon the effective date of the annexation using ex~stmg personnel end equipment Code enforcement and ~n~rual control services wtll also be prowded to thc property upon the effective date of the annexation B F~re Protectmn F~re protection (v~tinn the hnnts of ex/arm§ hydrants) and emergency mechcal services will be provided to the property upon the effective date of the annexation The City of Denton vail prowde emergency Mechcal services, C Road and Streets Roads and streets, winch have been properly platted, duly dechcated, 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 annexatl°n New traffic control devices will be installed as approved bY the Dent°n City C°uncll Installatmn and maintenance of street signs, street h~htmg and traffic control dewces will be maintained by the City of Denton on the effective date ofth~ annexaUon C Parks and Recreation l~aclhtms Parks and recreational fa~lht~es m the area to be annexed ~411 begin upoffthe effective date of the annexation according to the 2000 Parks and Recreatmn Master Plan No parks are currently located w~tlun the proposed s,mexation area Denton neighborhood park facilities are the which are located vvuthin reasonably close distance of the proposed annexation area Residents of the proposed aunexatmn area w]l be able to use existing City of Denton park and recreation facdit~es and programs D Library Services - Library services vail be made available on the effective date of the annexation on the saine basis and at the same level as snmlar library facilities are mamtamed throughout the city E Bmldmg Inspections and Consumer Health Services Bmldmg inspections and consumer health services vall be made available on the effective date of the ~mnexatlon on the same basis and at the same level as similar faclhtleS are m~intamed throughout the City Both services are provided on a "cost recovery" basis, and penmt fees offset the costs of sarwces delivered Incomplete construction must obtain bmldmg permits fi.om the Bmldmg Inspections Department of the City of Denton F Planmng and Development Services Planmng and developmemt servmes will be will be made avmlable on the effective date of the ~nnexat~on The Plarmmg and Development Department currently services this property by way of admmastrahon of Chapter 34 of the Cod~ of Ordinances, concerning subdiwslun and land development regulatmns City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-4~59 on December 7, 1999 The Future Land Use Plan addresses both land m the city and its ETJ, and the subject tracts contain a CommumtY Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / lnfill Compatibility Areas, and 100 Year Floodplain / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by orgam~ng the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplsm-~ as enwronmental and open space comdors The Denton Plan will be used as a basis for final zonmg classifications after the properties ar0 anllcxed IV UTILITY (]>,.ATEPAYER) SERVICES A Solid Waste Collectaon The City of Denton is the exclusive residential and commercial solid waste service provider m the City The Department ~s an entirely fee based operation and received no resources from taxes Solid waste collection serwce vail be provided to the property upon the effective date of-the annexation using existing personnel and eqmpment 2Residents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Depa~hnent vnll honor existing contracts with private solid waste service providers al/er the effective date of fins annexation m accordance v~th Texas Local Government Code, Section 43 055(0) O, remon Supp 2000) To receive sohd waste collection service, the customer must conta~ the City of Denton Customer Service Office and subrmt a request/apphcatwn for service Currently the site contains one vacant residential structure B Watar/Wastewater Faclhtles Maintenance of water and wastewater facihtles m the area to be annexed that are not vathin 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/s provided w~th a private water well and a private wastewater system No City of Denton water or wastewater lines ex~st m the annexation area The City shall provide a level of water and wastewater serwce, infrastructure, and infrastructure maintenance that is comparable to the level of serwces, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density snmlar to those reasonably contemplated or projected in the area C Drainage Services Drainage ~w~ntenance vall be provided to the property upon the effective date of the ~nnexation The City shall prowde a level of drainage servmes, infrastructure, and infrastructure maintenance that is comparable to the level of services, ~,~raslructure, and mfxastructure maintenance available in other parts of the city with topography, land use, and population density sirmlar to those reasonably contemplated or projected m the area D Electrical Services Denton Mumcipal Elect'nc is certified by the State and is obhgated to provide electric ut~hty 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 .nnexahon on the same basis and at the same level as snnilar facilities are maintained throughout the city Denton Mumclpal Electric is the current elecmc service provider for fins site V OT-I-~R SERVICES Other services that may be prowded by the City, such as mumclpal and general admimstration vall be made available on the effective date of the annexation The City shall provade a level of services, infrastructure, and infrastructure mamtenance that is comparable to the level of servaces, mfi-aslxucture, and infrastructure maintanance avmlable m other parts of the City w~th topography, land use, and populatmn density snmlar to those reasonably contemplated or projected m the ar~a VI CAPITAL I!VIPROVEMENTS PROGRAM (CIP) Construction of adthtional water, sewer, street, and drainage famht~es ',all begin xwthin two and a half (2 ~A) years unless certain services can not be reasonably provided within that period If certain semces can not be reasonably provided, the City will promde those services within four and a half (4 ½) years after the effective date of the annexation unless.the construction process is interrupted by circumstances beyond the control of the Cay Constmctmn of other capital improvements shall be considered by the City as the needs dictate on the same basis as such capital maprovemants are considered throughout the City VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIHED Nothing m thru plan shall require the City to promde aumform level of full mummpal services to each area of the City, mclu&ng the annexed area, ~f different characteristics of topography, land use, and population density are considered a sufficient barns for promdmg different levels of service Tins semce plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the dlscrehon of City Council IX AMENDMENTS The sermce plan may be amended ff the City Council detenmnes at a public heanng that changed con&tlons or subsequent occurrences make ttus service plan unworkable or obsolete The C~ty Councd may amend the service plan to conform to the changed coachtaons or subsequent occurrences pursuant to Texas Local Government Code, Seclaon 43 056 (Vernon Supp 2000)