Loading...
2000-440AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37 8 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTHEAST OF THE CORNER OF TEASLEY LANE AND HICKORY CREEK ROAD IN THE B MERCHANT SURVEY, ABSTRACT NO 800, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-100) WHEREAS, Mark Weatherford, on behalf of Herschel Forester, has petitioned for the annexation of 37 8 acres of land described herein, and WHEREAS, on September 27, 2000, the Planmng and Zoning Comm~sslon recommended approval of the petition for annexation, and WHEREAS, public hearings were held ~n the Council Chambers on September 26, 2000, and October 3, 2000, (both days being on or after the 40th day but before the 20th day before the date of the msUtuUon of the proceedings) to allow all interested persons to state their views and present evidence beanng upon th~s annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of th~s ordinance at a meeting of the Ctty Council on October 24, 2000, and WHEREAS, th~s ordinance has been published ~n full one t~me in the official newspaper of the C~ty of Denton on October 27, 2000, after annexation proceedings were instituted and 30 days prior to City Cotmcfl taking final action, as reqmred by City Charter, and WHEREAS, the C~ty Courted finds that the armexatlon will allow the city to ensure development consistent with The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 The tract of land described in Exlublt "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, whmh prowdes for the extensmn of munmlpal services to the annexed property, m approved as part of this ordinance SECTION 3 Should any part of th~s ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the C~ty Council hereby declares it to be its purpose to annex to the City of Denton all the real property described ~n Exhibit "A" regardless of whether any other part of the described property is hereby effectively Page 1 of 2 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 jurisdiction to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were expressly described in this ordinance SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~ day o~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Page 2 of 2 EXHIBIT A )KOAL DESCRIPllON 3714 ACRES FIELD N011CS to all thai certain lot. t~acl ,or ~orae al situated in the Berry Merchant Survey, ADslroct # 800, 3anion County, Texas and be,ng o re-survey of oll of o cc~led ,37 8',7 acre Traat desc,~bed n U'e deeo to Ulersoh~ '1 F~ester, Trustee, recorded in Volume 605, Pc(ia 62:, Deed Den(~ C~nty, Texas, ~he sub,,ect trac' ~e)nG mo~e porbculorly described as 8[GINNINO a[ a 1/2 ~cn ton 'oo '~nd n ',e East hre of: road under apparent pub(~ use costed ~s FM Race 2181for the ~uthwes~ c~ner ~f ne V~ct De~no cesc~e~ n~e, so~e be'rig the Northwest corn~ at o coiled 37 08 acre roc' of and described ,n the 3eec o .ann E ~otle/, et .x, 'tc~ce~ mn Volume 588, Page 'Og 3eec Records, ;entc~ C~nty, Texas, THENCE 'iorth 0t Oeg,~s 21 ~Aautes lO Seconds fleet ~tth the East llne of said -~oa o c~stoncs al ~5~ 6~ feet to '/~ mn~ capped reran rod sd '~ tPe N~tqwest c~ner of said 37 817 acre tract, · ENCE NorU' 89 Degrees 40 )v~utee 01 Secede East the N~th Ime thereol a (hetonce of :4763) feet ~o o ,ran ro~,i found n the West ;me oF a ailed )9 24: acre descrb,)d ~ Ihe de.d to Pulte dome~ of Texas, ~P re n Vomume 4134, Page 94 of lb,, 9ee(~ Reco, ds of sa~d tot the Northeosl corn~ of soil 37 7) acre THENCE S~U~ $1 Degrees 57 U]nutes O0 S acrid., East '.he Ea,~t hne U'erecf and with Ihe W(st hne o~ e, ld Pu'e tYoc~, <) d~stonce al 650 ')3 fee' !o a l/2-.nch c)pped ~rcp rod set for the Southeasl corn,r of a[d 3 817, same 'he NoJtheasl corner of .old 3'08 a, re tr~]ct, 'HENCE SouU) 89 regree,, .34 ),lJnute.', 07 Second Wesl the Sou~h hn,) of sJid 3~ 817 acre tr3ct ord the North mine sold 31'08 trac' o dmst~ce o( Z483,~3 ~ee to t,e 9EGINNiNO and *nc~osing 371~ acres of toPd mol, oF I,ss EXHIBIT B ANNEXATION SERVICE PLAN CASE NUlVlBBR AREA LOCATION A-100 (Forester Tract) approximately 37 8 acres Southeast of intersection of Teasley Lane (FM 2181) and Hmkory Creek Mumc~pal services to the s~te described above shall be furnished by or on behalf of the Cxty of Denton, Texas, at the following levels and m accordance with the following schedule Ae Police Protection 1 Pohce service, including patrolhng, response to calls, and other routine functions, will be provided to the property w~ttun mxty (60) days after the effecuve date of the annexaUon using exmtlng personnel and eqmpment B. Fire Protection F~re protection (wxthm the hm~ts of existing hydrants) and emergency medical services will be prowded to the property within s~xty (60) days after the effective date of the atmexatlon using exmtlng personnel and equipment C Solid Waste Collection 1 Sohd waste collection service will be provided to the property w~th~n sixty (60) days after the effecUve date of the annexaUon using exmtlng personnel and eqmpment D Water/Wastewater Facilities 1 Maintenance of water and wastewater famhtles in the area to be annexed that are not w~thm the service area of another water or wastewater utility will be beg~n within sixty (60) days after the effective date of the annexaUon umng ex~snng personnel and eqmpment E Roads and Streets 1 Mmntenance of roads and streets, including road and street hght~ng, ~n the area to be atmexed wall begin w~thm s~xty (60) days after the effective date of the annexation using emsUng personnel and eqmpment Parks and Recreation Facilffies 1 Mmntenanee of parks, playgrounds, swtmm~ng pools, and other recreational facflmes m the area to be annexed will begin w~th~n sixty (60) days after the effecUve date of the annexatmn usmg emstmg personnel and eqmpment However, there are no ex,sUng parks, playgrounds, swimming pools, and other recreational facflmes m the area G H I K ANNEXATION SERVICE PLAN (A-lO0) Forester Tract Electric Faclhtles 1 Electric utility servme will be provided within s~xty (60) days after the effective date of the annexation using existing personnel and eqmpment L~brary Services 1 Library services will be provided within s~xty (60) days after the effective date of the annexation using existing personnel and equipment Code Enforcement, Building Inspections and Consumer Health Services 1 Code enforcement, bmld~ng mspectmns and consumer health servmes will be provided within sixty (60) days after the effective date of the annexatmn using ex~stmg personnel and eqmpment Planning and Development Services 1 Planning and development servmes will be prowded w~thm s~xty (60) days after the effective date of the annexatmn using ex~stmg personnel and eqmpment The Planmng and Development Department currently prowdes serwces th~s property by way of admlmstrat~on of Chapter 34 of the Code of Ordinances, concerning subd~msmn and land development regulations Capital Improvements Program (CIP) The CIP of the e~ty ~s prioritized aceordmg to the following gmdehnes (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utthzat~on, population density, magmtude of problems as related to comparable areas, estabhshed teehmcal standards and professional studies (2) The overall cost effectiveness ofpromdmg a specffic facd~ty or ~mprovement The annexed area will be considered for CIP ~mprovements m the upcommg CIP plan Th~s property will be considered according to the estabhshed gmdehnes