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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 s96oa — 711 n € a»e ssc_� 9 3 278065 59962 Legend • 911 Addfesses • Development Permit. 76440 C Parcel' Ploodplaln 59613 +--- Cms 6ection Location �— Base Flood Elevalbn FEhIAFIood—Y C Flood Odd - FEMA 100yr Food Zone A - FEhIA 100yr Flood Zone AE _ FEh1A 500yr Flood Zone 163093 763094 Levee Proteoled 71796a 7 58997 5 167629 5897a 14a07 622517 Notes See web site for li—constni 733559 14a 1l`"' lY j 1 0 500 1000 7Nsprcduclistoslnformau purposesard mry not hni Eeen Oentun Canty dues rwt guarantee the mnnNvs srs� It peparedtotorli wibMe for kgal. engircerinq or wrveycng puryeses. I l char.,epresmtan on dhe-grand I—ey and represents only the or aa,wyof,,y features on this pmd,d,,d assvnses noiespanslb.my In cmuiesuun U'z 11, Fq� httpsVlgis.dentoncounty.gov ,pprmamam relamv L-� of pmpey Ersmdades M4 product may be sensed at arty dme rlJquc 10/13/20214:20:32 PM nod6otlon to aryuscr. 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