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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 IV 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 2 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 3 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) 4