02-04-22-Ordinance-Annexing of Property East of IH 35 and South of Chisam Road-Blue Star-02/07/2022CITY OF SANGER, TEXAS
ORDINANCE 02-04-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, ANNEXING CERTAIN TERRITORY LOCATED IN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF SANGER, TEXAS TO WIT:
15.6924 ACRES OUT OF THE B.F. LYNCH SURVEY, ABSTRACT NUMBER 725 AND
GENERALLY LOCATED APPROXIMATELY 2231 FEET EAST OF I-35 AND
APPROXIMATELY 2385 FEET SOUTH OF CHISAM ROAD AND BEING MORE
PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT A; PROVIDING FOR
INCORPORATION OF PREMISES; AMENDING THE CITY MAP; PROVIDING FOR
FILING OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the "City') is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council finds it necessary for the public health, safety, and welfare
that development occur in a controlled and orderly manner; and
WHEREAS, prior to conducting the public hearing required under Section 43.0673, Local
Government Code, the City Council investigated and determined that the Property more
particularly described in the attached Exhibit "A" (the "Property") is within the extraterritorial
jurisdiction of Sanger and is adjacent and contiguous to the existing city limits of Sanger; and
WHEREAS, the City Council on December 6, 2021 and December 20, 2021, duly covered
and conducted public hearings for the purpose of assessing a voluntary petition for annexation
from the owners of the Property; and
WHEREAS, the City and the owner of the Property have entered into a service agreement
which is attached hereto as Exhibit `B" and incorporated herein; and
WHEREAS, the following provision of proper legal notice requirements, including
written notice to the School District, Public Entities, and Internet postings were made in the time
and manner prescribed by law; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
Ordinance — Annexation Blue Star Development
Page 1 of 3
SECTION 1. That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2. The official map and boundaries of the City are hereby amended so as to
include the Property and any all adjacent rights -of -way, and that such territory shall be and is
hereby annexed into the corporate limits of the City.
SECTION 3. The Mayor is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the City to add the territory hereby
annexed as required by law.
SECTION 4. The property, and any and all adjacent rights -of -way, is hereby annexed
into the City, and that the boundary limits of the City be and the same are hereby extended to
include the Property and any and all adjacent rights -of -way within the city limits of the City, and
the same shall hereafter be included within the territorial limits of the City, and the inhabitants
thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City and
they shall be bound by the acts, ordinances, resolutions and regulations of the City.
SECTION 5. The City Secretary shall file or cause to be filed a certified copy of this
Ordinance in the office of the County Clerk of each county in which all or a portion of the
Property and any and all adjacent rights -of -way is located, and any other necessary agencies.
SECTION 6. From and after the passage of this Ordinance, the Property and any and all
adjacent rights -of -way shall be a part of the City of Sanger, Texas, and subject to the service
agreement referenced in the above Premises incorporated by Section 1 of this Ordinance. The
inhabitants thereof shall be entitled to all of the rights, privileges and immunities as all other
citizens of the City of Sanger, Texas, and shall be bound by all of the Ordinances and regulations
enacted pursuant to and in conformity with the general laws of the State of Texas.
SECTION 7. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 8. The City Secretary of the City of Sanger is hereby directed engross and
enroll this ordinance by copying the Caption in the minutes of the City Council of the City of
Sanger and by filing this Ordinance records of the City.
SECTION 9. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
Ordinance — Annexation Blue Star Development
Page 2 of 3
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
7+n day of kbrua_r�• , 2022.
ATTEST:
APPROVED:
�� Axw
Thomas E. Muir, Mayor
� I I I I r/ APPROVED TO FO
Kell r s, Edw City Secretary�� 0��,�
— _ 17 =H h Coleman, City Attorney
T E X f`S �11
Ordinance — Annexation Blue Star Development
Page 3 of 3
Exhibit A
Being approximately 15.6924 acres of land out of the B.F. LYNCH SURVEY, ABSTRACT NUMBER
725 situated in Denton County, Texas, being a portion of a called Tract 1- 211.36 acre tract of
land conveyed to Sanger Texas Industrial, LLC and Webb Industrial, LLC by deed of record in
Document Number 2021-85260 of the Official Records of Denton County, Texas, also known as
Denton County Appraisal District Parcel Number 163094, Tract 13A:
Denton County Landmark Map
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Exhibit "B"
Substance from body of executed Service Agreement Blue Star Addition Annexed Property
A) SERVICE PLAN GENERALLY
1) This service plan has been prepared in accordance with the Texas Local Government Code
Sections 43.065 and 43.056(b)-(o). Municipal facilities and services to the annexed area will
be provided or made available on behalf of the City of Sanger in accordance with the
following plan. The City of Sanger shall provide the annexed tract the levels of service,
infrastructure, and infrastructure maintenance that are comparable to the levels of service,
infrastructure, and infrastructure maintenance available in other parts of the City of Sanger
with similar topography, land use, and population density. The provisions of the service plan
were made available for public inspection and explained at the two public hearings held by
the City Council in accordance with LGC Section 43.0560).
2) For the purposes of this service plan, to "provide" services includes having services provided
by any method or means by which the City provides municipal services to any other areas of
the City, and may include causing or allowing private utilities, governmental entities and
other public service organizations to provide such services by contract or right, in whole or in
part, and may include duties on part of the private landowner with regard to such services.
B) EMERGENCY SERVICES
1) Police Protection
a) Police protection from the City of Sanger Police Department shall be provided to the
annexed area at a level consistent with the current methods and procedures presently
provided to similar areas on the effective date of the annexation ordinance. Some of these
services include:
i) Normal patrol and responses;
ii) Handling of complaints and incident reports;
iii) Special units, such as traffic enforcement and investigations; and
iv) Coordination with other public safety support agencies
b) As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with the characteristics of topography, land utilization and population
density of the areas.
c) Upon ultimate development, police protection will be provided at a level consistent with
the other similarly situated areas within the city limits.
2) Fire Protection
a) The Sanger Fire Department will provide emergency and fire protection services to the
annexed area. These services include:
i) Fire suppression and rescue;
ii) Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
iii) Hazardous materials response and mitigation;
iv) Emergency prevention and public education efforts;
v) Technical rescue response; and
vi) Construction Plan Review and required inspections.
Ordinance 02-04-22 Page 1 of 5
b) Fire Protection from the City of Sanger shall be provided to the annexed area at a level
consistent with the current methods and procedures presently provided to similar areas of
the City of Sanger on the effective date of the annexation ordinance.
c) As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with the characteristics of topography, land utilization and population density of the
areas. It is anticipated that fire stations planned to service areas currently within the City
of Sanger will be sufficient to serve the annexed area.
d) Upon ultimate development, fire protection will be provided at a level consistent with
similarly situated areas within the city limits.
3) Emergency Medical Services
a) The Sanger Fire Department will provide emergency and safety services to the annexed
area. These services include:
i) Emergency medical dispatch and pre -arrival Fire Aid instructions;
ii) Pre -hospital emergency Advanced Life Support (ALS) response and transport;
and
iii) Medical rescue services.
b) Emergency Medical Services (EMS) from the City of Sanger shall be provided to the
annexed area at a level consistent with current methods and procedures presently
provided to similar areas of the City of Sanger on the effective date of the annexation
ordinance.
c) As development commences in these areas, sufficient EMS, including personnel and
equipment, will be provided to furnish these areas with the level of services consistent
with the characteristics of topography, land utilization, and population density of the
areas.
d) Upon ultimate development, EMS will be provided at a level consistent with similarly
situated areas within the city limits.
C) SOLID WASTE
1) Solid Waste and Recycling Collection Services will be provided to the annexed area
immediately upon the effective date of the annexation at a level consistent with the current
methods and procedures presently provided to similar areas within the City. Private solid
waste collection service providers operating in the affected area immediately prior to
annexation and currently providing customers with service may continue to provide their
existing service for up to two (2) year in accordance with Texas Local Government Code
Section 43.056(n).
D) WASTEWATER FACILITIES
1) As development commences in these areas, sanitary sewer mains as defined by the Certificate
of Convenience and Necessity (CCN) Number 20764, as issued by the Texas Commission on
Environmental Quality (TCEQ) will be extended in accordance with the provisions of the
City's codes, ordinances, regulations and policies. City participation in costs of these
extensions shall be in accordance with the applicable City codes, ordinances, regulations and
policies. Capacity and extensions shall be provided consistent with the characteristics of
topography, land utilization, and population density of the areas. If the annexed area is in the
CCN of another provider, wastewater service shall be provided in accordance with the
Ordinance 02-04-22 Page 2 of 5
policies of the CCN holder. In some instances, the City might acquire the CCN rights and
become the new wastewater provider, in time.
2) Sanitary sewer mains and lift stations installed or improved to City Standards, and accepted
by the City, within the annexed area which are located within dedicated easement, right-of-
way, or any other acceptable location approved by the City Manager or his designee, shall be
maintained by the City on the effective date of this ordinance.
3) Operation and maintenance of wastewater facilities in the annexed area that are within the
certified service area of another wastewater utility will be the responsibility of that utility.
Operation and maintenance of private wastewater facilities in the annexed area will be the
responsibility of the owner.
E) WATER FACILITES
1) Connections to existing City of Sanger water distribution mains for water service as defined
by Certificate of Convenience and Necessity (CCN) Number 10196, as issued by the Texas
Commission on Environmental Quality (TCEQ) will be provided in accordance with existing
City codes, ordinances, regulations and policies. Upon connection to existing distribution
mains, water service will be provided at rates established by City ordinance. If the annexed
area is in the CCN of another provider, water services shall be provided in accordance with
the policies of the CCN holder. In some instances, the City might acquire the CCN rights and
become the new water provider, in time.
2) As development commences in these areas, water distribution mains will be extended in
accordance with City of Sanger codes, ordinances, regulations and policies. City participation
in the costs of these extensions shall be in accordance with the City of Sanger's codes,
ordinances, regulations and policies. Water service extensions and capacity shall be provided
consistent with the characteristics of topography, land utilization, and population density of
the area.
3) Operation and maintenance of existing water facilities in the annexed area that are within the
service area of another water utility will be the responsibility of that utility. Operation and
maintenance of private water facilities in the annexed area will be the responsibility of the
owner.
F) ROAD AND STREETS
1) Emergency street maintenance shall be provided within the annexed area on the effective date
of the applicable ordinance of acceptance. Routine maintenance will be provided within the
annexed area and will be scheduled as part of the City's annual program and in accordance
with the City's current codes, ordinances, regulations, policies and procedures defined therein
and/or as established by the City Council.
2) Any construction or reconstruction will be considered within the annexed area on the City-
wide basis and within the context of the City's Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council. As development, improvement or construction of
the streets to City standards commences within this property, the policies of the City of
Sanger with regard to participation in the costs thereof, acceptance upon completion and
maintenance after completion shall apply.
3) Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs and in conformance with fiscal
allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's
Ordinance 02-04-22 Page 3 of 5
inventory listed for routine re -placement. All existing signs will be reviewed for applicability
and based upon an engineering study. New signs will be installed when necessary and based
upon an engineering study.
4) Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
5) The City will coordinate any request for improved road and street lighting with the local
electric provider. Any and all road and street lighting will be pursuant to the rules, regulations
and fees of such electric utility and shall be maintained by the applicable utility company.
G) ENVIRONMENTAL HEALTH, INSPECTIONS AND CODE ENFORCEMENT
SERVICES
1) Enforcement of the City `s environmental health ordinances and regulations, including but
not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and
animal control ordinances, shall be provided within this area sixty (60) days of the effective
date of the annexation ordinance. These ordinances and regulations will be enforced through
the use of existing personnel.
2) Inspection services including review of building plans, the issuance of permits and the
inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance
with City codes and ordinances will continue to be provided after the effective date of the
annexation ordinance. Existing personnel will be used to provide these services.
3) The City's zoning, subdivision, sign and other ordinances shall be enforced in this area
beginning upon the effective date of the annexation.
4) All inspection services furnished by the City of Sanger, but not mentioned above, will be
provided to this area beginning within sixty (60) days of the effective date of the annexation
ordinance.
5) As development and construction commence in this area, sufficient personnel will be
provided to furnish this area the same level of environmental health, inspection and code
enforcement services as are furnished throughout the City.
H) PLANNING AND ZONING SERVICES
1) The Planning and Zoning jurisdiction of the City will extend to this area upon the effective
date of the annexation ordinance. City planning will thereafter encompass this property, and it
shall be entitled to consideration for zoning in accordance with the City's Zoning Ordinance
and Comprehensive Plan.
I) PARKS, PLAYGROUNDS, LIBRARIES, SWIMMING POOLS
1) Residents within the annexed area may utilize all existing park and recreation facilities, on
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
2) As development commences in the area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and as specified in the
Park Dedication Ordinance. The general planned locations and classifications of parks will
ultimately serve residents from the current City limits and residents from areas being
considered for annexation.
Ordinance 02-04-22 Page 4 of 5
J) PUBICLY OWNED FACILITIES
1) Any publicly owned facility, building or service located within the annexed area, and not
otherwise owned or maintained by another governmental entity, shall be maintained by the
City of Sanger on the effective date of the annexation ordinance.
K) OTHER SERVICES
1) Other services that may be provided by the City of Sanger, such as municipal and general
administration will be made available on the effective date of the annexation. The City of
Sanger shall provide levels of service, infrastructure, and maintenance that are comparable to
the levels of services, infrastructure, and infrastructure maintenance available in other parts of
the City of Sanger with similar topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
L) UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
1) Nothing in this Service Plan shall require the City of Sanger to provide a uniform level of full
municipal services to each area of the City, including the annexed areas, if different
characteristics of topography, land use, and population density are considered a sufficient
basis for provided different levels of service, and it will not provide a lower level of service,
than were in existence in the annexed area at the time immediately preceding the annexation
process.
2) The of City of Sanger's codes, ordinances, regulations and policies that apply throughout the
City may be reviewed at City Hall and at
littps://z2codes.franklinlegal.net/fraiiklin/Z2Browser2.litml?showset=san eg rset
M) TERM
1) This Service Plan shall be valid for a term often (10) years. Renewal of the Service Plan shall
be at the discretion of the City Council and must be approved by ordinance.
N) AMENDMENTS
1) This Service Plan may be amended if the City Council determines at a public hearing that
changed conditions or subsequent occurrences make this Service Plan unworkable or
obsolete. The City Council may amend the Service Plan to conform to the changed
conditions, subsequent occurrences or any other legally sufficient circumstances exist
pursuant to the LGC or other Texas or Federal laws that make this service plan unworkable,
obsolete or unlawful.
Ordinance 02-04-22 Page 5 of 5
Denton County
Juli Luke
County Clerk
Instrument Number: 47735
Real Property Recordings
Recorded On: March 31, 2022 02:49 PM
Number of Pages: 10
" Examined and Charged as Follows: "
Total Recording: $62.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
47735
20220331000795
Recorded Date/Time: March 31, 2022 02:49 PM
User:
Station:
Marlene F
Station 6
STATE OF TEXAS
COUNTY OF DENTON
Record and Return To:
CITY OF BANGER
PO BOX 1729
BANGER TX 76266
hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX