2001-386O INANCE NO da /-a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 72 3 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
GENERALLY LOCATED NORTH OF LOOP 288, EAST OF STUART ROAD, WEST OF
SHERMAN DRIVE AND SOUTH OF LONG ROAD IN THE S MCCRACKEN SURVEY,
ABSTRACT NO 817, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR
THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDFNG AN EFFECTIVE DATE (A-01-0001)
WHEREAS, Surveyors and Engmeers of North Texas, has petitioned for the annexation
of 72 3 acres of land described herein, and
WHEREAS, on May 9, 2001, the Planning and Zomng Commission recommended
approval of the petition for annexation, and
WHEREAS, public hearmgs were held in the Council Chambers on May 1, 2001, and
May 15, 2001, (both days being on or after the 40th day but before the 20th day before the date of
the institution of the proceedings) to allow all interested persons to state their views and present
evidence beanng 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 5, 2001, and
WHEREAS, thts ordmance has been published in full one time in the official newspaper
of the City of Denton on June 16, 2001, after annexation proceechngs were instituted and 30 days
prior to City Council taking final action, as reqmred 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
~ The tract of land described in Exhtblt "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
~ Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portaon of this ordinance and the City Council hereby
declaresI 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
Page 1 of 2
annexed to,the C~ty If any part of the real property annexed ~s already ~ncluded w~ttun the c~ty
hm~ts of the C~ty of Denton or w~thm the hm~ts of any other c~ty, town or village, or ~s not w~tlun
the C~ty of Denton's junsdmt~on to annex, the same ~s hereby excluded fi.om the temtory
annexed as fully as if the excluded area were expressly described ~n thts ordinance
SET~ Th~s ordinance shall become effective ~mmedmtely upon ats passage and
approval
PASSED AND APPROVED th~s the ~'q~ day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
Surveyors & Engineers
of North Texas
le21 Aman~la Court
Ponder Texas 76259
Pb (940) 482 2906
FAX (940) 482-0009
Toll-Free (877) 481 SENT
www sentcorp corn
ANNEXATION TRACT
All that certain tract of land mtuated m the S McCracken Survey Abstract Number 817, City of Denton,
Denton County, Texas and being a part of the called 120 420 acre tract described m the deed from Edward F
Wolsk~ to Denton Independent School Dtstnct recorded under Clerk's Fde Number 97-R0083710 of the Real
Property Racords of Denton Coanty, Texas,
BEGINNING for the Northeast comer of the tract being described hereto on the North line of the DISD tract
m the waddle of Long Road at Ws mtersectton w~th the Corporate Lmuts of the Ctty of Denton as described m
Tract 4 of ordinance 74-36, 500 feet Northwesterly from the center off M 428 (Sherman Drive),
THENCE Southwesterly across the 120 420 acre tract .nth the stud Corporate Lurers, 500 feet Northwesterly
from the center off M 428 (Sherman Drive), the following 3 calls
1 South 31 Degrees 15 Minutes West a distance of 447 4 feet more or less to the begriming of a curve
to the left having a radius of 6230 0 feet
2 Along the arc of the curve an am length of 286 3 feet more or less (chord bennng South 29 Degrees
56 Mmutas West a distance of 286 25 feet more or less) to the end of the curve,
3 South 28 Degrees 37 Minutes West a ihstance of 656 3 feet more or less to the Northeast comer of
the annexation tract described m Ordinance 82-7, being 600 feet North of the centerhne of the Loop
288,
THENCE Westerly across the 120 420 acre tract w~th the smd Corporate Lumts 600 feet North of and parallel
vath the c~mterlme of the Loop 288, the following 3 calls,
1 North 65 Degrees 52 Minutes 28 Seconds East a distance of 47 16 feet more or less to the begummg
of a curve to the lef~ having a radius of 6329 58 feet
2 Along the arc of the curve an arc length of 2546 87 feet more or less (chord beanng North 77
Degrees 24 Minutes 25 Seconds West a thstance of 2529 72 feet more or less) to the end of the
3 North 88 Degrees 56 Minutes 06 Seconds West a &stance of 1077 37 feet more or less to the West
line of the DISD tract m Stuart Road,
THENCE North 00 Degrees 44 Mmutas East along Stuart Road w~th the West line of the DISD tract a
distance of 109 2 feet more or less to an angle point thereto
THENCE North 42 Degrees ~2 Minutes East along Long Road with the Noah line of the DISD a distance of
765 0 feet more or less to an angle pomt thereto,
THENCE Sol, th 89 Degrees 08 Mmutes East continuing along Long Road w~th the North line of the DISD
tract a distance of 3760 3 feet more or less to the PLACE OF BEGINNING and enclosmg 72 3 acres of land
more or less
EXHIBIT B
CITY OF DENTON ANNEXATION PLAN FOR
A-01-0001 (DENTON ISD)
I AREA ANNEXED
The annexation area ~s located an the northern portaon of Denton's Extratemtonal
Junsd~ctaon and contmns apprommately 72 3 acres generally located north of Loop
28,8, south of Long Road, east of Stuart Road and west of Sherman Drive
II INTRODUCTION
Thru servace plan has been prepared an accordance wath the Texas Local Government
Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended)
Mummpal famhtaes and services to the annexed area described above will be provaded
or made available on behalf of the City m accordance wath the following plan The
Clty shall pmvade the annexed tract the levels of service, ~nfrastmcture, and
anfrastmcture maintenance that are comparable to the levels of service, ~nfrastructure,
and infrastructure mmntenanee avmlable an other parts of the mty w~th similar
topography, land use, and populataon denmty
III
AD VALOREM (PROPERTY OWNER) TAX SERVICES
A Pohce Protectaon, Code Enforcement, and Ammal Control
Pohce service, including patrolhng, response to calls, and other routine
functaons, wall be provaded to the property upon the effective date of the
annexatton using emstang personnel and eqmpment Code enforcement and
anamal control sermces wall also be prowded to the property upon the
effective date of the annexataon
B F~re Protectaon
F~re protectaon (watlun the hmats of exastlng hydrants) and emergency medrcal
services will be provided to the property upon the effective date of the
annexation The C~ty of Denton will provade emergency Medacal servaces,
("EMS")
C Road and Streets
Roads and streets, which have been properly platted, duly dedmated, and
accepted by the C~ty of Denton and/or Denton County shall be mmntmned by
the C~ty of Denton on the effectave date of the annexation New traffic control
devices wall be installed as approved by the Denton C~ty Council Installataon
and maintenance of street mgns, street hghtmg and traffic control devices will
be mmntmned by the Caty of Denton on the effectave date of the annexation
C Parks and Recreation Facfllt~es
Parks and recreataonal facflataes an the area to be annexed wall began upon the
effecttve date of the annexation according to the 2000 Parks and Recreataon
Master Plan No parks are currently located w~thln the proposed annexation
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area Existing Denton neighborhood park facthtles are at Evers Park and
Avondale Park, which are located within reasonably close distance of the
proposed annexation area Residents of the proposed annexation area will be
able to use existing C~ty of Denton park and recreation faclhties and
programs Future park facihtleS are proposed for this annexation site
D Library Services
Library services will be made avmlable on the effective date of the annexation
on the same basis and at the same level as similar library facthtleS are
mtuntmned throughout the city
E Bmkhng Inspections and Consumer Health Services
Bmkhng lnspect~ons and consumer health services will be made avmlable on
the effective date of the annexation on the same basis and at the same level as
s~mflar facilities are mmntmned throughout the City Both services are
pmwded on a "cost recovery" basis, and permit fees offset the costs of
services delivered Incomplete construction must obtmn building permits
from the Bmldlng Inspections Department of the City of Denton
F Planning and Development Services
Planning and development services will be will be made avmlable on the
effective date of the annexation The Plarmlng and Development Department
currently services th~s property by way of administration of Chapter 34 of the
Code of Ordinances, concerning subdivision and land development
regulations
City Cotmcfl adopted The Denton Plan, the city's 1999-2020 comprehensive
plan, by Ordmance 99-439 on December 7, 1999 The Future Land Use Plan
addresses both land m the city and its ETJ, and the subject tract is part of an
Neighborhoods / Infill Compatiblhty Area No Environmentally Sensmve
Areas (ESAs) are located on this site The Denton Plan designates future land
uses to manage the quality and quantity of growth by organizmg the land use
patterns, by matching land use intensity with avmlable infrastructure, and by
preserving floodplains as environmental and open space comdors The Denton
Plan will be used as a basis for final zomng classifications after the propemes
are annexed
UTILITY (RATEPAYER) SERVICES
A Solid Waste Collection
The City of Denton is the exclusive resldentml and commercial solid waste
service provider m 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 exlstmg
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contracts wath private sohd waste service provaders after the effectave date of
thas annexataon m accordance wath Texas Local Government Code, Sectaon
43 056(o) (Vernon Supp 2000) To receive sohd waste collectmn servme, the
customer must contact the Caty of Denton Customer Servme Office and
submat a request/apphcataon for servace Currently the site contmns one
vacant resadentml structure
B Water/Wastewater Faclhtles
Mmntenance of water and wastewater facflatles an the area to be annexed that
are not wathm the servace area of another water or wastewater utlhty will
began upon the effectave date of the annexation using exastang personnel and
equipment Currently, the area to be annexed is not provided wath any water
or wastewater systems, and no City of Denton water or wastewater hnes exast
m the annexataon area The C~ty shall provide a level of water and wastewater
service, infrastructure, and anfrastmcture mmntenance that is comparable to
the level of serwces, ~nfrastmcture, and infrastructure maintenance avmlable
m other parts of the mty wath topography, land use, and population density
similar to those reasonably contemplated or projected an the area
C Dnunage Services
Drainage mmntenance wall be provided to the property upon the effeetave date
of the annexataon The City shall provide a level of drmnage servmes,
infrastructure, and infrastructure maintenance that as comparable to the level
of services, anfi-astmcture, and infrastructure maintenance available m other
parts of the eaty wath topography, land use, and populataon densaty samflar to
those reasonably contemplated or projected m the area
D Electrical Servmas
Denton Mumcapal Electric is cemfied by the State and as obhgated to provade
electric utflaty servace to the annexation area should a request be made by a
property owner Elecmc utthty service will be made available on the effective
date of the armexation on the same basis and at the same level as mmflar
facllmes are maintained throughout the mty Denton Mtmlmpal Electric is the
current electric semce provader for thas sate
V OTHER SERVICES
Other services that may be provided by the Caty, such as mtmmapal and general
admlmstrataon wall be made avmlable on the effectave date of the annexation The
City shall pmwde a level of servaces, infrastructure, and anfrastructure mmntenance
that ~s comparable to the level of services, anfrastructure, and ~nfrastmcture
mmntenanee avmlable an other parts of the City wath topography, land use, and
population density samflar to those reasonably contemplated or projected in the area
VI CAPITAL IMPROVEMENTS PROGRAM (CIP)
Construction of additional water, sewer, street, and drmnage factht~es wall began
w~th~n two and a half (2 ½) years unless certmn services can not be reasonably
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provided within that period If certam services can not be reasonably provided, the
City will provide those services wltlun four and a half (4 IA) years after the effective
date of the annexation unless the construction process is interrupted by circumstances
beyond the control of the City Construction of other capital improvements shall be
considered by the City as the needs dictate on the same basis as such capital
improvements are considered throughout the City
VII 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
charactenstms 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
plan shall be at the discretion of City Council
Renewal of the service
IX AMENDMENTS
The service plan may be amended if the City Council determines at a pubhc heanng
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)
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