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2000-019 O ANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS COMPRISING 1 552 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION, ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS, AND DECLARING AN EFFECTIVE DATE (A-94) WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home rule c~tles are authorized to fix their boundaries and exchange areas with other mumc~pahtles, and WHEREAS, the City of Denton and the Oty of Corinth entered ~nto a Memorandum of Agreement (MOA), attached as Exbablt A, with regard to the adjustment of c~ty boundaries between the two cities on February 4, 1999, and WHEREAS, the subject property ~s within the effective uUhty and servme dehvery area for City of Denton municipal servmes, and WHEREAS, pursuant to smd MOA, the Oty of Denton w~shes to extend ~ts Oty hm~ts hne to include the 1 552 acres as described ~n Exhibits B and C of the MOA, and WHEREAS, pubhc hearings were held m the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their wets and present evidence beanng upon this annexaUon, and WHEREAS, annexation procee&ngs were ~nstltuted for the property descrtbed herein by the ~ntroductlon ofth~s ordinance at a meeting of the City Council on October 12, 1999, and WHEREAS, this or&nance has been pubhshed in full one time ~n the official newspaper of the City of Denton after annexation proceedings were tnst~tuted and 30 days prior to C~ty Councd taking final action, as required by Oty Charter, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the tracts of land described ~n Exhibits B and C of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas SECTION 2 That the servme 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 SECTION 3 That the annexed property ~s classffied as One-Family Dwelling (SF-7) zoning district classification and land use des~gnaUon SECTION 4 That the City's official zoning map ts amended to reflect ttus annexation and show the One-Family Dwelling (SF-7) zoning dlsmct classfficatlon and land use designation SECTION 5 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 Extubits B and C of the MOA 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 wathan 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 temtory annexed as fully as if the excluded area were not expressly described in this ordinance SECTION 6 That any person vaolatlng any provision of this ordinance relating to the One-Family Dwelling (SF-7) zoning district elassfficatlon and use designation shall, upon convmtlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distract offense SECTION 7 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be published twice m the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED thls the /{9~-~ dayof ~/Z~ ,2000 JAC~LL'ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A STATE OF TEXAS § § COUNTY OF DENTON § MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") Is entered into as of the 4th day of February, 1999, between the City of Denton, Texas ("Denton"), a Texas home rule mumcipahty and the City of Connth, Texas ("Corinth"), a city orgamzed under the general laws of the State of Texas, and is to mt. ness the following WHEREAS, Denton and Con.nth are adjacent mumclpahtles wluch desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in vv~dth, and WHEREAS, it appears that the erdstmg city lunits hnes between Denton and Corinth bisect a number of residential lots in a subd~vlslon of Denton County known as Oakmont II; and WHEREAS, ~t is the desire of Denton and Corinth to dtsannex and annex the tracts described herein to establish a joint city hmits line between the two crees that would not split any lots In the Oakmont II subdlws~on and would basmally mn along property lines as shown by the maps attached hereto as an extublt, and WHEREAS, the owner of Oakmont II has expressed ~ts intent to the govermng bodies of both cities that such needed adjustment would be beneficml to the development of the subdivision and generally to the economic well-being of both c~t~es, and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both c~txes, Now, Therefore, In consideration of the premises and of the agreements contained hereto, Denton and Corinth agree as follows I DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 1 01 Denton agrees that ~t voll disarmex and wmve extratemtonal junsdmtion over the 2 107 acre tract of land described in Exlubxt "A", attached hereto and made part hereof for all purposes, in the manner promded by Chapter 43 of the Texas Local Government Code and the Denton C~ty Charter Page 1 19355 1.02 Corinth agrees that it will disannex and wmve extratemtonal jurisdiction over tracts of 1.469 acres and 0 83 acres respectively, described m Exlublts "B" and "C", attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code 1 03 Upon the dlsannexatlon and watver of extraterntonal jurisdiction by Denton and Connth as provided m Sections 1 01 and 1 02 above, the boundaries of Denton and Connth shall be adjusted accordingly, subject to the annexation actions by each contemplated in Section II II ANNEXATIONS Connth agrees that it vail proceed in the manner authorized by law to annex the property descnbed in Exlublt "A" Denton agrees that it vail proceed in the manner provlded by law to annex the property described m Exhlblts "B' and "C" The parties understand and agree that the existing city hmlts and the proposed city hmits are fairly and accurately depleted on the annexation exhibit prepared by USA Professional Services Group, Inc, dated May, 1998, attached hereto as Exlublt "D" and made part hereof for all purposes III ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carr). temporary zomng classifications under the apphcable ordinance and be subject to the platting requirements of the city which vall annex such property The parties understand that the Oakrnont subdivision is baslcally the same m both cltles and the appropriate zomng and platting requirements should not change the current status of the development IV CHARACTER OF AGREEMENT, BREACH The parties agree that thts Agreement Is entered into only for the dlsannexaUon and annexation of the tracts described herein and is not an lnterlocal cooperation agreement for the joint performance of any services by the parties Failure of either Clts. to perform the terms ofthts Agreement shall constitute a breach hereof, and the aggrieved City may file stat in a court of competent of jurisdiction to enforce the provisions of ttus Agreement, including recovery of court costs and attomey's fees Page 2 193~5 The parties agree that the legislative acts to be performed hereunder voll be coordmated between them so as to be performed mmultaneously or as close thereto as possible, consistent vath apphcable law VI SEVERABILITY If any prowsxon of tlus Agreement ~s held to be illegal, invalid or unenforceable, the legality, vahdity or enforceability of the remaunng provisions of tlus Agreement shall not be affected and shall remain in full force and effect In, v~mess whereof, Denton and Connth, acting under the authority of their respective governing bodies, have caused this Agreement to be executed m duplicate onglnals as of the date first written above CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS ~VlAYOR / ~  ST' . ATTEST APPROVED AS TO FORM (~-~'BPROVED AS TO FORM. CITY ATTORNEY- I~ ~. ~ P~o ~-~ CIT~' ATTORNEY" (rld/sb 11-17-98) Page 3 1935q Exh:Lbi{: "A" DEANNEXATION FROM THE CITY OF DENTON, TEXAS 91,797 Square Feet or 2.107 Acres May, 1998 BEING a tract or parcel of land s~tuated ;n the Stephen Hembne Survey, Abstract Number 643, ;n the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded ~n the Real Property Records of Denton County, Texas, Denton County Clerk's File Number _ , and being more particularly descnbed as follows COMMENCING at a point at the mtersecbon of the East line of State School Road (a 60 foot w~de nght-of-way) w~th the South hne of Hidden Oaks (a 75 foot wde nght-of-way), sa~d point also being the Northwest comer of Lot 20, Block 12 of Oakmont Estates - Secbon One as recorded m Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 15°44'00" East along the East line of sa~d State School Road, a distance of 144 28 feet to a point for corner, THENCE South 74°16'00" West departing the East I~ne of sa~d State School Road, a d~stance of 344 00 feet to the POINT OF BEGINNING, THENCE North 15°44'00" West a distance of 725 15 feet to a point for corner, THENCE North 87°01'55" East a distance of 119 97 feet to a point for comer, THENCE North 59°31'13" East a distance of 61 43 feet to a point for corner, THENCE North 74°16'00" East a d~stance of 82 70 feet to a po;nt for corner, THENCE South 04°12'20" West a distance of 759 83 feet to the POINT OF BEGINNING and conta~n;ng 91,797 square feet or 2 107 acres of land, more or less ANNEXATION TO THE CITY OF DENTON, TEXAS 64,006 Square Feet or 1.469 Acres May, 1998 BEING a tract or parcel of land s~tuated ~n the Lev~ Young Survey, Abstract Number 1451, ~n the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded ~n the Real Property Records of Denton County, Texas, Denton County Clerk's File Number. , and being more particularly descnbed as follows COMMENCING at a point at the ~ntersect~on of the East hne of State School Road (a 60 foot wide nght-of-way) ~th the South hne of H~dden Oaks (a 75 foot wde right-of-way), sa~d point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Section One as recorded ~n Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 15°44'00" East along the East hne of sa;d State School Road, a d;stance of 144 28 feet to a point for corner, THENCE South 74°16'00" West departing the East hne of sa~d State School Road, a d~stance of 344 00 feet to the POINT OF BEGINNING, THENCE South 15°44'00" East a d~stance of 387 85 feet to a point for corner, THENCE South 38°24'50" East a distance of 84 72 feet to a point for corner, THENCE South 08°29'39'' East a d;stance of 57 69 feet to a point for corner, THENCE South 51°35'10" West a d~stance of 274 93 feet to a point for corner, THENCE North 04°12'20" East a distance of 66938 feet to the POINT OF BEGINNING and conta~n;ng 64,006 square feet or 1 469 acres of land, more or less F~h~.b i t 'C' ANNEXATION TO THE CITY OF DENTON, TEXAS 3,618 Square Feet or .083 Acres May, 1998 BEING a tract or parcel of land s~tuated ~n the Lew Young Survey, Abstract Number 1451, in the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks I1, L P by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's F;le Number _ , and being more particularly described as follows COMMENCING at a point at the Intersecbon of the East line of State School Road (a 60 foot wide nght-of-way) with the South hne of Hidden Oaks (a 75 foot wlde nght-of-way), satd point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Secbon One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 74°16'00" West a d~stance of 60 00 feet to a point for corner m the West line of sa~d State School Road, THENCE North 15°44'00" West along the West line of sa~d State School Road, a d~stance of 150 06 feet to a point for corner, THENCE North 11°47'00" West continuing along the West line of sa~d State Road, a distance of 345 77 feet to the POINT OF BEGINNING, THENCE South 74°16'00" West deparbng the West line of sa~d State School Road, a d~stance of 48 70 feet to a point for corner, THENCE North 04°12'20" East a d~stance of 121 30 feet to a point for corner, THENCE North 87°01'55" East a distance of 15 36 feet to a point for corner m the West line of sa~d State School Road, THENCE South 11°47'00" East along the West line of sa~d State School Road, a d~stance of 11090 feet to the POINT OF BEGINNING and conta~ning 3,618 square feet or 0 083 acres of land, more or less ~.xh'~ b:[.t D LOCATION MAP Exchange of Land with Corinth SITE Current CIty Boundary ANNEXATION SERVICE PLAN (A-94) A Part of the Denton - Corinth Boundary Adjustment EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-94 (Oakmont II) AREA I 55 acres LOCATION Northeast of intersection of State School Road and Robinson Road Municipal services to the site described above shall be furmshed by or on behalf of the City of Denton, Texas, at the following levels and in accordance vath the following schedule: A. Police Protection 1 Police service, including patrolling, response to calls, and other routine functions, will be provided to the property w~thin sixty (60) days aider the effective date of the annexation using existing personnel and equipment B. Fire Protection 1 F~re protection (w~tlun the hmlts of eyastmg hydrants) and emergency medical services will be prowded to the property w~thin sixty (60) days after the effective date of the annexation using existing personnel and eqmpment C. Solid Waste Collection 1 Solid waste collectmn service will be provided to the property vnthm s~xty (60) days after the effective date of the annexation using ex~stmg personnel and equipment D. Water/Wastewater FacUlties 1 Maintenance of water and wastewater facihtms m the area to be annexed that are not vathm the service area of another water or wastewater utility v~ll be begin W~thm sixty (60) days after the effective date of the annexatmn using ex~stmg personnel and eqmpment E. Roads and Streets I Mmntenance of roads and streets, including road and street hghtmg, m the area to be annexed v~ll beg~n w~tlnn sixty (60) days af~e~ the effective date of the annexatmn using ex~st~ng personnel and equipment EXHIBIT B ANNEXATION SERVICE PLAN (A-94) A Part of the Denton - Corinth Boundary Adjustment F. Parks and Recreation Facilities I Maintenance of parks, play~rounds, swimming pools, and other recreational facdmes in the area to be annexed will begnl within sixty (60) days after the effective date of the annexation using eyastmg personnel and equipment However, there are no existing parks, playgrounds, swimmmg pools, and other recreational facflltles in the area G. Electric Facilities 1 Electric utility service will be provided witlnn sixty (60) days after the effective date of the annexation using existing personnel and equipment H. Library Services 1 Library services will be provided withui sixty (60) days after the effective date of the annexation using exmtmg personnel and equipment I. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, builchng mspectlons and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment J. Planning and Development Services 1 Planning and development services wll be prowded vathin sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this proper~y by way of admnnstration of Chapter 34 of the Code of Ordinances, concerning subdiwmon and lend development regulations K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies (2) The overall cost effectiveness ofprovldmg a specific facility or improvement The annexed area will be considered for CIP nnprovements m the upcoming CIP plan Tins property will be considered according to the established guidelines