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