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2023-007 Proposed Denton County Emergency Services District No. 2 January 13,2023 Report No. 2023-007 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Proposed Denton County Emergency Services District No. 2 EXECUTIVE SUMMARY: On Dec. 6, 2022, the City of Denton received notice of a petition for the creation of a proposed Denton County Emergency Services District No. 2, which includes portions of the City of Denton's extraterritorial jurisdiction. The City may grant its consent to the creation of the district, which is scheduled for Council consideration on January 24, 2022. Due to the planned extension of City of Denton Fire/EMS services into the same portions of the extraterritorial jurisdiction that the proposed Emergency Services District No. 2 is intending to serve, staff will recommend that the City does not grant its consent to the creation of the district. BACKGROUND: The City of Denton includes a five-mile extraterritorial jurisdiction (ETJ) outside corporate city limits. An ETJ is an"unincorporated area that is contiguous to the corporate boundaries"of a city. TEX.LOC. GOV'T CODE§42.021. The ETJ,a concept created by the Texas Legislature in 1963, is said to be established in order"to promote and protect the general health, safety, and welfare of persons residing in and adjacent to"cities, a sort of buffer zone outside of a city's corporate limits. Id. §42.001.The ETJ has been divided into two divisions via an Interlocal Agreement with Denton County, each with a different regulatory authority. The City has exclusive jurisdiction to regulate subdivisions or plats and related plans that are wholly or mostly located in ETJ Division 1. Denton County has exclusive jurisdiction to regulate subdivisions or plats that are wholly or mostly located in ETJ Division 2 (see attached map). Within both divisions of the ETJ, the City has experienced a recent and significant growth of Municipal Utility Districts (MUDS). The City is currently managing over 13 MUD applications which would, when fully built out, result in approximately 6905 acres of development and the potential for 120,000 new residents just beyond the boundaries of the City. The City and its residents, now or in the future, may be responsible for the provision of services to MUDS if growth is not managed effectively and comprehensively. The City's concerns regarding development within the ETJ includes the lack of land use and zoning standards, transportation infrastructure planning, water availability and infrastructure planning, and the planning and coordination of emergency services. Should MUD services prove inadequate in the long term,those residents will increasingly look to the City of Denton to intervene and provide the level of services they expect and desire. With this in mind, the City has initiated critical planning steps to proactively review and provide services to MUDS in its ETJ. This would prevent the City from unexpectedly being compelled to provide those services in the future at a greater cost. Fire/EMS Service in the ETJ It is the responsibility of the Denton County Fire Marshal's office to assign agencies response areas within the County. Currently, Fire/EMS services in the City of Denton's western ETJ are provided by a complex combination of volunteer Fire/EMS departments, departments of smaller January 13,2023 Report No. 2023-007 municipalities located west of Denton, and the City of Denton Fire Department.As the population within Denton's ETJ has grown,the volunteer and smaller municipal departments are increasingly less equipped to manage the volume and complexity of service calls. Nearby departments cannot consistently provide service to the MUDS and retain sufficient coverage for their primary service area. As a result, the City of Denton has provided an increasing amount of mutual aid support to these departments—either in responding to the calls for service outright, staffing the service areas of these departments as their limited personnel responds in the ETJ, or both. In both cases, the cost of this mutual aid service is borne by the residents of the City of Denton and not those in the ETJ. DISCUSSION: On Dec. 6, 2022, the City of Denton received notice (attached) of a petition for the creation of a proposed Denton County Emergency Services District No. 2 (ESD2),which includes portions of the City of Denton's extraterritorial jurisdiction. The petition, promulgated by the Justin Volunteer Fire Department and the Ponder Volunteer Fire Department,proposes to create a new Emergency Services District that is wholly within Denton County and includes portions of the City of Denton's ETJ Division 1 and ETJ Division 2 (see attached ESD2 map). The petition organizers anticipate the creation of the district will be presented to the voters in its proposed service area in May 2023. According to state statute, before an emergency services district may be created that contains territory in a municipality's ETJ, a written request for the municipality's consent must be presented to its governing body. Under state statute, consent will be requested from the following cities in addition to Denton: Ponder, Justin,New Fairview, Dish,Northlake, and Fort Worth. Should consent not be given by the City of Denton on or before the 60th day after the city receives the request, a majority of the qualified voters and the owners of at least 50% of the portions of the ETJ that would be included in ESD2 may petition the City to make fire control and emergency medical services available to that territory. If the City then fails to act on the petition requesting those services within 6 months of receiving the petition, then those portions of the ETJ will be included in ESD2, provided Denton County chooses to call an election to create the ESD and the electorate votes in favor of the ESD's creation. Future City of Denton Fire/EMS Services in the ETJ Because of the growth of development in the City's ETJ,particularly due to MUDS, the City is engaged with developers and actively planning to extend water, wastewater, and Fire/EMS services to these neighborhoods. A future Denton fire station is being planned for the 380 and FM 156 intersection to provide services to contracted MUDs and,when opened, could serve most planned MUDs in the City's ETJ (see attached map of future Denton Fire/EMS service capability in the ETJ). The ESD2 proposes to serve the same area but is currently years behind in the planning process and could not provide service until a much later date. Capability and Capacity. o�y of Denton Fire/EMS Compared to the likely services an ESD2 could provide, the City of Denton is far superior in terms of available staff and overall capability. While an ESD would likely provide fire protection and emergency medical services to the residents in the ETJ, the City of Denton would provide those capabilities plus hazardous materials response, swift water rescue, and technical rescue. Not only would this result in a higher level of service for ETJ residents,particularly January 13,2023 Report No. 2023-007 compared to the current service they might receive from other departments, but it illustrates that the proposed ESD2 may still rely on Denton to provide specialized services to ETJ residents through mutual aid without reimbursement to the City of Denton. Additionally, the Denton Fire Department has a daily staffing of 65 firefighters. Currently, Krum Fire Department has daily staffing of 5 and the Ponder Volunteer Fire Department has 0 (no paid personnel, all volunteers). Denton can reach an effective response force for incidents in the MUDS under development in our ETJ with a greater level of firefighters on duty daily. This superior response capacity is not expected to change with the establishment of the proposed ESD2. CONCLUSION: Given the current plans for a fire station to serve planned and existing MUDS, the superior service capability and capacity of the Denton Fire Department, and the likelihood that a new ESD that serves MUDS in the Denton ETJ may continue to rely on City of Denton for fire/EMS services, staff believes the proposed ESD2 service to MUDS within the City of Denton ETJ to be unnecessary and duplicative. For these reasons,when Council considers providing its consent for the proposed ESD2 on January 24, staff intends to recommend that consent not be provided. ATTACHMENTS: 1. City of Denton ETJ Division Map 2. Notice of proposed Denton County Emergency Services District No. 2 3. Map of proposed Denton County Emergency Services District No. 2 4. Future City of Denton Fire/EMS Service Capability in ETJ STAFF CONTACT: Scott McDonald Director, Development Services Scott.McDonald@cityofdenton.com (940) 349-8539 Kenneth Hedges Chief, Denton Fire Department Kenneth.Hedges@cityofdenton.com (940) 349-8830 REQUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 4 hours PARTICIPATING DEPARTMENTS: Fire January 13,2023 Report No. 2023-007 Development Services City Manager's Office City Attorney's Office City of Denton CityLimits & ETJ Map p COUNTY ROAD 368 J L R UNION GROVE g�SLQ \ O =G Hn yMg � x g f 0 W LONE OAK RD _ w COUNTY ROAD O0 r 'PEASONJON: E LONE OAK RD cS .•Y p� O O Cy K RO R b U =•lam"IF TRL ) -- N °j z HIGHP% O COUNTY ROAD 200 u ,� GREGORV RD CHISAM'RD_— POLLARD RD " .t,. 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These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. BURNS ANDERSON JURY & BRENNER, L.L.N. Attorneys and Counselors of Law A Limited Liability Partnership which includes Professional Corporations Telephone: 512/338-5322 From the Desk of: Facsimile: 512/338-5363 KEN CAMPBELL kcampbell@bajb.com bajb.com December 2,2022 VIA CMRRR 3426 AND EMAIL: Gerard.HudspethAcityofdenton.com The Honorable Gerard Hudspeth Mayor City of Denton 601 East Hickory Street Denton, Texas 76205 RE: Petition for the Creation of the Proposed Denton County Emergency Services District No. 2 Our File No.: 019.39398 Dear Mayor: I represent Justin Community Volunteer Fire Department, Inc. and Ponder Volunteer Fire Department, Inc. The citizens of the area served by these departments have filed a petition with the County Judge of Denton County, Texas for the formation of an emergency services district pursuant to Chapter 775, Texas Health & Safety Code. The entire proposed district would be located wholly within Denton County as described in the attached Petition. It is anticipated that the issue of the creation of this district will be presented to the voters at the May 2023 uniform election date. I am enclosing a copy of a legal description and map of the proposed district for your reference. According to our records, portions of the proposed district contain territory within your municipality's extraterritorial jurisdiction. I am attaching a full copy of the petition to the email I am sending contemporaneously with this correspondence. Pursuant to § 775.014, before a district may be created that contains territory in a municipality's territorial limits or extraterritorial jurisdiction, a written request to be included in the district must be presented to the municipality's governing body after the petition has is filed under Section 775.015, Health & Safety Code. This correspondence is to advise you of the filing of this petition with Denton County and to request the written consent to include the extraterritorial jurisdiction of your P.O.Box 26300,Austin,TX 78755-6300 7804 Bell Mountain Drive#100 Austin,Texas 78730 December 2, 2022 BURNS ANDERSON JURY& BRENNER,L.L.P. Page 2 Attorneys and Counselors of Law municipality in Denton County and within the proposed district as outlined on the enclosed legal description. The City previously approved the creation of Denton County Emergency Services District No. 1 within its extraterritorial jurisdiction, and we would hope it would do the same for the proposed Denton County Emergency Services District No. 2 so my clients can enhance and improve their vital emergency services to their communities. Your municipality's consent is required on or before the 601h day after the date of your receipt of this letter. I would appreciate if you would place this matter on the council's docket for consideration and respond with your city's consent prior to this deadline so the election may proceed in a timely manner. If you have any questions, or require additional information, please do not hesitate to contact me at 512/338-5322. Sincerely, BURNS ANDERSON JURY& BRENNER, L.L.P. Ken Campbell KPC/ cc: The Honorable Andy Eads County Judge Denton County 1 Courthouse Drive, Suite 3100 Denton,Texas 76208 VIA EMAIL: David.Cooke(i�fortworthtexas.gov David Cooke City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 [ON CITY LETTERHEAD] [DATE] The Honorable Andy Eads County Judge Denton County 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 RE: Consent of the City of Denton, Denton County,Texas for the Inclusion of the City Limits and Extraterritorial Jurisdiction of the City in the Proposed Denton County Emergency Services District No. 2, Pursuant to Chapter 775, Texas Health & Safety Code. Dear Judge Eads: This correspondence is to certify that at a meeting of the City Council of the City of Denton, Texas, called and conducted in accordance with all applicable law, the Council approved the following motion by a vote of "ayes" and "nays:" Pursuant to Section 775.014 of the Texas Health & Safety Code, the City of Denton, Texas hereby consents to the inclusion of its extraterritorial jurisdiction within the proposed Denton County Emergency Services District No. 2. Sincerely, [NAME] Mayor ATTEST: [NAME] City Secretary cc: Ken Campbell BURNS ANDERSON JURY&BRENNER, L.L.P. P. O. Box 26300 Austin,Texas 78755-6300 PETITION FOR THE CREATION OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO.2 Pursuant to Texas Health and Safety Code,Chapter 775,the undersigned petitioners hereby petition for the creation of an emergency services district whose territorial boundaries would be those as further described in the attached Exhibit A, attached hereto and incorporated herein for all purposes. The proposed Denton County Emergency Services District No. 2 is to be created and is to operate under Article III, Section 48-e, Texas Constitution, and Chapter 775,Texas Health&Safety Code,and will provide the emergency services set forth in Article III,Section 48-e,Texas Constitution. The creation of the proposed Denton County Emergency Services District No.2 complies with Sections 775.020 and 775.0205,Health and Safety Code. The following are municipalities from which consent must be obtained under Section 775.014: the City of Ponder, including both its extraterritorial jurisdiction and city limits; the City of Justin, including both its extraterritorial jurisdiction and city limits; the City of New Fairview, including both its extraterritorial jurisdiction and city limits, but only in Denton County,Texas;the City of Dish,including both its extraterritorial jurisdiction and city limits,but only in Denton County and the proposed Denton County Emergency Services District No.2;the City of Northlake, including both its extraterritorial jurisdiction and city limits, but only in the proposed Denton County Emergency Services District No. 2 and not included in Denton County Emergency Services District No. 1;the extraterritorial jurisdiction of the City of Fort Worth;and the extraterritorial limits of the City of Denton in the proposed District. The undersigned two petitioners obligate themselves to pay not more than $150 of the costs incident to the formation of the proposed district,including the costs of publishing notices,election costs,and other necessary and incidental expenses. OBLIGOR NO. 1 OBLIGOR NO.2 Signature Signature dartRr' ALG-J FR,L FZtvi( FtL64R11 1a Printed Name Printed Name f?63,K -251(- Sol Sro��► C2E�r� D� Mailing Address Mailing Address �p Z 6 /A ?�,�sf PoV6,- z City,State,Zip Code City,State,Zip Code C/ZEGI: 02 Residence Address Residence Address /011 1gz(z1 000 J I q 8> Date of Birth Date oirth /0—/7- zbLz lol17I2-ozZ Date of Signing Date of Signing /Uq z 2 3/o1 i/gS4o3y5hL Voter Registration No. Voter Registration No. SWORN TO AND SUBSCRI13ED before me, the undersigned authority, by T-0maS Jg,i ka-A 6Ile 5hZ6s Obligor No. 1,o11�i111�th s the� ay of 3Q�Qne.t-,2022. `\�11 iy!&s Ts V Ptlez/c` y�� IN AND FOR THE _ - STATE OF TEXAS • - • Ip • TOTE Of Mas SWORN T(y'�'���AD15.M1��CRIBED before me, the undersigned authority,by F-J-;c 1�0,nK- ktble-rhol�r'as Obligor No.2,on this the jn:!�day of©C-dal-f- ,2022. J�.1•Kl►YE TyOkiA��� _ NOT LTC IN FOR THE S E OF TE7 �rFOFj � PETITION FOR THE CREATION OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO.2 Pursuant to Texas Health and Safety Code,Chapter 775,the undersigned petitioners hereby petition for the creation of an emergency services district whose territorial boundaries would be those as further described in the attached Exhibit A, attached hereto and incorporated herein for all purposes. The proposed Denton County Emergency Services District No. 2 is to be created and is to operate under Article III, Section 48-e, Texas Constitution, and Chapter 775,Texas Health&Safety Code,and will provide the emergency services set forth in Article III, Section 48-e,Texas Constitution. The creation of the proposed Denton County Emergency Services District No.2 complies with Sections 775.020 and 775.0205,Health and Safety Code. The following are municipalities from which consent must be obtained under Section 775.014: the City of Ponder, including both its extraterritorial jurisdiction and city limits; the City of Justin, including both its extraterritorial jurisdiction and city limits;the City of New Fairview,including both its extraterritorial jurisdiction and city limits, but only in Denton County,Texas;the City of Dish,including both its extraterritorial jurisdiction and city limits,but only in Denton County and the proposed Denton County Emergency Services District No.2;the City of Northlake, including both its extraterritorial jurisdiction and city limits, but only in the proposed Denton County Emergency Services District No. 2 and not included in Denton County Emergency Services District No. 1;the extraterritorial jurisdiction of the City of Fort Worth;and the extraterritorial limits of the City of Denton in the proposed District. The undersigned two petitioners obligate themselves to pay not more than $150 of the costs incident to the formation of the proposed district,including the costs of publishing notices, election costs,and other necessary and incidental expenses. OBLIGOR NO. 1 OBLIGOR NO.2 Signatife Signature Printed Name Printed Name Mailing Address Mailing Address City,State,Zip Code City,State,Zip Code Residence Address 74 z/7 Residence Address &/Ayc�//`I51" Date of Birth Date of Birth Date of Signing Date of Signing Voter Registration No. Voter Registration No. SWORN TO AND SUBS CRTBED before me, the undersigned authority,byt Obligor No. 1,on this the day of 2022. , as =4�'RY PUI^ LINDSAY GAFFNEY NOTAR P LI FO THE Notary ID#131026600 STATE OF TEXAS �. My Commission Expires �'t orb March 1,2025 SWORN TO AND SUBSCRIBED before me,the undersigned authority,by toAat , m4pla as Obligor No. 1,on this the t&day of 2022 NOTARY P IC 1N A 1 H STATE OF TEXAS E6:1 . LINDSAY GAFFNEY Notary ID#131026600 My Commission Expires March 1,2025 EXHIBIT A As shown on the attached map: BEGINNING at the point where the south right of way of U.S. Highway 380 and the Denton County-Wise County line intersect the south right of way of U.S.Highway 380; THENCE, south following the Denton County-Wise County lure to the point where said line intersects the territorial limits of the City of Fort Worth; THENCE, easterly the northerly following the territorial limits of the City of Fort Worth until the territorial limits of the City of Fort Worth intersect with the territorial limits of Denton County Emergency Services District No. 1; THENCE, northerly and easterly following the western territorial limits of Denton County Emergency Services District No. 1 until the territorial limits of Denton County Emergency District No. 1 intersect with the territorial limits of the City of Denton; THENCE, northerly following the western territorial limits of the City of Denton until said territorial limits of the City of Denton intersect with the south right of way of U.S. Highway 380; THENCE, west following the south right of way of U.S. Highway 380 to the PLACE OF BEGNNING. Save and except any territory within the proposed Denton County Emergency Services District No. 2 contained in the territorial limits of the City of Forth Worth or the City of Denton as they exist as of October 10,2022. .i •r ' IL.h. Jl. A.W4 DoY►Ir I7otrer and I l ornr4 :Tn�YY. Club Soutklnke GOVryj3`•, ells ull s •r YS NCNHI •--.n.IYIY/!If rW.Yl,I s:a kaN/4Y a llpi.e � , ' : •gin Vlstl1� ,.�nCVA . KW, OVt NINY f % raulw uNlloums.nsd" anlwn N T•-• Map Imsarews •�' I94B •'� CRy_nPODDlallo r'%I'1 i, ,V•\�17<J� reN�•on.r�n MI IN Irx'�Nrtrl -.l nv' S W%nw-Y,,..4n�•�µ..e.....=.w-. f'ytOlriiDa,1 �` ,.. IwN=YOnln ,v�na .�. 39C • • • CORINTH f ESD 2 L 2181 2284 l�l W 1 VIEW LANTANA _ USTIN HIGHLANC Z0 VILLAGE �m �a 156 117. 11a FLOWER MOUND Texas Parks&Wildlife, Esri, HERE,Gamiin, SafeGraph, METI/NASA, USGS, EPA,NPS, USDA ROANOKE TROPHY CLUB rnnrvinr Q DFD Fire Stations ® Denton City Limits VA Denton ETJ-1 2184 C=1 Denton ET]-2 ESD 2 117 Ile KRUM 380 p • I i i PONDER • Ar- CVRINTH ESD 2 2181 27R =W VIEW LAN''A O71 JUSTIN Texas Parks&Wildlife, En, HERE,Gamim,Sa eGra METI/NASA,USGS, EPA, NP5,--lM N-AN[ Irm VILLAGE ODFD Fire Statib ns ODFD Meadows Fire Station , 0 4.0 Minute Response Time Denton ETJ-1 o Denton ETJ-2 245U L ESD 2 � KRU c m r Y c m a , i PONDER ' 2440 • 156 4 i•e, _ci, C�a n i a e a 6 ec nol /NAS S A,, a