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2000-133O ANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, VOLUNTARILY ANNEXING 17 751 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF SPENCER ROAD BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-98) WHEREAS, the City of Denton wishes to extend its city limits line to annex 17 751 acres of land described herein, and WHEREAS, on January 26, 2000 the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public heanngs were held in the Council Chambers on January 11, 2000 and January 18, 2000, (both days being on or after the de0th 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 February 8, 2000, and WHEREAS, this ordinance has been published in full one time in the offimal newspaper of the City of Denton on February 25, 2000, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as reqmred by City Charter, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SI~CTION 2 That 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 thru ordinance SECTION 3 Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remmmng 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 Exhibit "A" 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 within 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 juns&ction 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 Page 1 of 2 SECTION 4 That th~s ordinance shall become effective lmmedxately upon its passage and approval PASSED AND APPROVED this the _~ day of ~ ,2000 JAC~.fil~I~I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~~ITY ATTORNEY BY ~ Page 2 of 2 EXHIBIT A FIELD NOTES 17 751 ACRES BEING oll that certain lot, tract or parcel of land situated m the Mary Austin Survey Abstract Number 4, in the City of Denton, Denton County, Texas, being a port of Lot I, 8lock 2 of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas according to 'the plot thereof recorded in Cabinet G, Page J48o Plot Records, Denton County, Texas, and being more particularly described os follows COMMENCING at on Iron rod found for corner in the north line of Spencer Road, a pu. bllc roadway havmg a right-of-way of 60 0 feet, smd point being the soufhwest corner of that certain tract of land conveyed by deed to N Alex Bickley, Trustee recorded In Volume 987. Page 548, Deed Records, Denton County, Texas, THENCE N 88' 39' 46' W, 1.70 O0 feet with said north line of so~d Spencer Road to on iron rod set for PLACE OF BEGINNG, THENCE N 88' 39" 46' W, 299 83 feet w~th said north fine of so~d Spencer Rood to an iron rod set for corner. THENCE along the arc of a curve to the right having o central angle of $2' 15' 191 o radius of 520 ?.0 feet, o.n arc len~Tth of 292 74 feet. t whose chord bears N 72 32' 06 kY, 288 89 feet with sa~d north llne of sold Spencer Rood to on ~ron rod set for corner. THENCE N 52' 50' 00' Fl. 28192 feet with so~d north line of sold Spencer Rood to on iron rod set for corner, THENCE N 52' .76' 00" W. 11150 feet with said north line of so,d Spencer Rood to an iron rod set for corner, THENCE N 20' 02' 44" E, 92 O0 feet to on iron rod set for corner, THENCE N 02' 23' 36' W, 26794 feet to on ,ran rod set for corner, THENCE N 88' 09' 17' E, 48 91 feet to an ~ron rod set for corner, THENCE N 01' 50' 44' W, 20645 feet to on ~ron rod set for corner, THENCE N $8' 22' 23' E, 161.73 feet to on ~ron rod set for corner. THENCE N 88' 03' corner, THENCE $ 44' 06' THENCE S 00' 53' corner, THENCE S 87' THENCE S 02' THENCE S 86 THENCE S 02' THENCE N 87' rHENCE S 09' 74908 feet to on ,ran rod set for 53 08 feet to an man rod set for corner. 562 85 feet to an ,ran rod set for 46' 24' W, 258 02 feet to o fence corner for corner 25' 18~ E, 114 07 feet to on ~ron rod set for 24' 16' W, 6828 feet to on ,ran rod set for corner, 32' 00' E, 15123 feet to o fence corner for corner, 35' 34" E, 294 Ol feet to a fence corner for cor~er. 41' 28' W, 18028 feet to the PLACE OF BEGINNI~IG 17751 ccre~ of 7nd _J ANNEXATION SERVICE PLAN (A-98) ExI:m~IT B ANNEXATION SERVICE PLAN EXHIBIT B CASE NUMBER. AREA LOCATION A-98 (DME Spencer electric generation plant) 17.751 acres North of Spencer Road, between Woodrow Lane and Loop 288 Mummpal semces to the site described above shall be furnished by or on behalf of the CRy of Denton, Texas, at the following levels and m accordance vath the following schedule' A. Police Protection Pohce serwce, moludmg patrolling, response to calls, and other routine funchons, will be provided to the property vath,, sixty (60) days after the effective date of the annexation using exmtmg personnel and eqmpment B. Fire Protection 1 FLre protection (within the lnnlts of existing hydrants) and emergency medical services will be provided to the property vathm mxty (60) days after the effectzve date of the annexation usm8 existing personnel and equipment C. Solid Waste Collection Solid waste collection service vall be provided to the property wjthm sixty (60) days after the effective date of the annexation using existing personnel and equipment D. Water/Wastewater Facilities Maintenance of water and wastewater faclhties in the area to be annexed that are not wlthm tho 8ervico area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexatmn using ex,sting personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, mcludmg road and street hghtmg, in tho area to be annexed vall begin within mxty (60) days after the effective date of the annexation using existing personnel and eqmpment F. Parks and Recreation Facilities 1 Maintenance of perks, playgrounds, svanunmg pools, and other recreational facihties in the area to be annexed will begin within sLxty (60) days after the effective date of the annexation using existing personnel and equipment · 4-Pa 4NNEX~IIONSERVICE PLANdo,. ANNEXATION SERVICE PLAN (A-98) However, there are no existing parks, playgrounds, swnunung pools, and other recreational facilities in the area Electric Facilities 1. Electric utility service will be provided witlun mxty (60) days after the effective date of the annexation using exlsting personnel and equipment H. Library Services 1. L~brary services will bo provided wlth!n sixty (60) days after the effective date of the annexation nsmg emstmg personnel and equipment Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, budding inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment Planning and Development Services 1 Planning and development sennces will be prowdcd witlun sixty (50) days after the effective date of the annoxatmn using ex~stmg personnel and eqmpment The Planning and Development Department currently prowdes sennces tins property by way of adrmmstrat~on of Chapter 34 of the Code of Ordmances, concemmg subdivision and land development regulations K. Capital Improvements Program (ClP) The CIP of the city xs pnont~zed according to the followmg guidelines (1) Prowsion of Capital Improvements as compared to other areas will be based on charactenstics of topography, land uhhzat~on, populahon denmty, magmtude of problems as related to comparable areas, established techmcal standards and professional stu&es (2) The overall cost effectiveness of providing a spemfic facthty or nnprovement The annexed area will be considered for CIP nnprovements in the upcoming CIP plan. Tins property will be considered according to the established gmdalmes ,1-98 .~NN£X~'rION $£RYIC£ PI.~I doc ATTACHMENT 4 PROPOSED ANNEXATION SCHEDULE A- 98 - -- DME Spencer Generati~ff Plant December 14, 1999 January 1, 2000 January 11, 2000 January 6, 2000 January 16, 2000 January 18, 2000 January 26, 2000 February 8, 2000 February 12, 2000 March 21, 2000 City Council receives a preliminary assessment, gives direction to staffand considers approval of a schedule for public hearings regarding tho proposed annexation o PrellrnlnaryAnnexaflonAssessrnentproparod Notice published m Denton Rocord-Chromclo for first public heanng ~ Annexation Study prepared and available for public rewew ~ Service Plan prepared and avmlable for public review C~ty Council conducts first public hearing · Pubho notice must bo no loss than I0 days and no more than 20 days before pubhc heanng Nohce published in Denton Record-Chromclo for second public heanng Not~ce pubhshed In Denton Record-Chromclo for P & Z public hoanng City Council conducts second public hearing · Public notice must bo no less than 10 days and no moro than 20 days before public heanng Plaumng and Zomng Cormmsslon holds a pubhc hoanng and considers making a recommendation to tho C~ty Council regarding tho proposed annexation and the proposed zoning · Pubhc notice must bo no less than l0 days before public heanng City Council by a four-fifths vote institutes annexation procecdmgs First reading of annexation ordinance SPECIAL CALL MEETING · Action must be more than 20 days after tho second pubhc heanng but less than 40 days from the first pubhc hearing Pubhcation of annexation ordinance m Denton Record-Chromcle City Coancll by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance City Council considers approval of zo.,ng request · Council action must be more than 30 days after pubhcatmn of ordinance and less than 90 days after council instituted annexation proceedings C ~{~, Doeu.~n~lCC R,~,IsIC¢ ;~orl~hop%4.gJ, DbIE ~#e~atlo. 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