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