HomeMy WebLinkAbout1997-084E \WPDOCS\ORD\ETJ REL
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN AREA
LOCATED EAST OF THE ELM FORK OF THE TRINITY RIVER AND SOUTH OF FM
455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON,
ESTABLISHING AN EASTERLY EXTRATERRITORIAL JURISDICTION BOUNDARY
LINE AND DECLARING AN EFFECTIVE DATE
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, Denton has as of the date of this ordinance an
extraterritorial jurisdiction over the unincorporated area
contiguous to and within three and one-half miles of its corporate
boundaries, and
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, the cities of Aubrey, Krugerville, Cross Roads,
Oak Point and Shady Shores have as of the date of this Agreement an
extraterritorial jurisdiction over the unincorporated area
contiguous to and within one-half mile of their respective
corporate boundaries, and
WHEREAS, in order to avoid all present and future conflicting
claims to land within its extraterritorial jurisdiction, the City
of Denton desires to define, establish, and fix its easterly extra-
territorial jurisdictional boundary line, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That an easterly extraterritorial jurisdiction
boundary line is hereby established for the City of Denton as
described in Appendix A and shown on the map in Appendix B,
attached hereto and made a part of this ordinance as if written
word for word herein
SECTION II That the City of Denton, Texas, relinquishes all
of its extraterritorial jurisdiction rights in that area located to
the east and south of the said easterly extraterritorial jurisdic-
tion boundary line as described and shown in the attached appendi-
ces, so that hereafter the area located to the west and north of
said boundary line, including, without limitation, the US Army
Corps of Engineers fee simple property and conservation easements,
for which tract and parcel descriptions have been obtained from the
US Army Corps of Engineers and kept on file with the Denton
Planning and Development Department, is established as an area
within the extraterritorial jurisdiction of the City of Denton
SECTION III That any prior extraterritorial jurisdiction
line established by the City of Denton or resulting from any action
of another party, whether by annexation of territory, the request
of one or more landowners, or any other method or procedure, and
without regard to whether the action, method, or procedure was or
would be valid in accordance with the laws of the State of Texas,
is hereby deemed to be of no further force or effect
SECTION IV That this ordinance is not intended to and shall
not be construed as establishing, defining, or affecting any
extraterritorial jurisdiction boundaries of any city or town other
than the City of Denton Nothing herein shall constitute any
warranty or assurance that any other city will be able to incorpo-
rate or annex any tract of land located in the extraterritorial
jurisdiction area which has been relinquished by the City of
Denton Any other city or town shall be free to annex land and
exercise any powers conferred upon it by state law, in accordance
with state law, within the extraterritorial jurisdiction area
released by the City of Denton hereby, without the permission or
agreement of the City of Denton
SECTION V That if any section, paragraph, sentence, clause,
phrase, or word of this ordinance shall be finally adjudged by any
court of competent jurisdiction to be unconstitutional or invalid,
such final judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the
section, paragraph, sentence, clause, phrase, or word thereof so
found to be unconstitutional or invalid
SECTION VI That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this day of 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
m
APPROVID AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY X�/
r
J C MILLER, MAYOR
Page 2
Beginning at the easternmost point of a line lying 2,400 feet west
and along the north Town limits line of Shady Shores as established
by the City of Denton Ordinance #74-33, dated August 20, 1974,
Thence east for a distance of 4,900 feet to a point for corner,
Thence north 8,300 feet to a point for corner,
Thence north 310 west for a distance of 8,700 feet to point for
corner,
Thence north for a distance of 5,900 feet to a point for corner, said
point lying on the southerly Denton city limits line as established by
Ordinance #74-36 (Tract 2), said point lying 350 feet south of and
perpendicular to the centerline of US Highway 380,
Thence easterly along said Denton City limits line, south of and
parallel to the centerline of US highway 380 for a distance of 3,300
feet to a point for corner, said point being the south east corner of
said Denton City limits line as established by Ordinance #74-36
(Tract 2),
Thence north 060 59' 30" East along the eastern Denton City limits
line as established by Ordinance #74-36 (Tract 2), crossing US
Highway 380, a distance of 700 feet to a point for corner, said point
being the northeast corner of Denton City limits as established by
Ordinance 74-36 (Tract 2), said point lying on the center line of
Rock Hill Road,
Thence westerly along the north Denton city limits line 30 feet to the
intersection of the west right-of-way line of Rock Hill Road to a point
for corner,
Appendix "A" Page 1 of two pages
Thence northerly along the west right-of-way line of Rock Hill Road
to a point for corner, said point being the intersection of the west
right-of-way line of Rock Hill Road and the south right-of-way line of
Arvin Hill Road,
Thence westerly along the south right-of-way line of Arvin Hill Road
to a point for corner, said point being the intersection of the south
right-of-way line of Arvin Hill Road and the U S Army Corps of
Engineers property line,
Thence northerly along the U S Army Corps of Engineers property
line, same being the southerly line of a 3 873 acre tract and
continuing northerly and meandering along the easternmost lines
of interest of the U S Army Corps of Engineers made up of the
continuous easternmost line associated with all U S Army Corps of
Engineers fee title and conservation easement interests, located on
the east side of the Elm Fork of the Trinity River, to a point for
corner, said point lying on the intersection of said easternmost line
of said U S Army Corps of Engineers property and being 500 feet
south of and perpendicular to the southerly right-of-way line of F M
455,
Thence easterly along a line 500 feet south of and parallel to the
southerly right-of-way line of F M 455 approximately 17,000 feet to
a point of terminus, said point lying on the present City of Denton
extraterritorial jurisdiction arc as established by City of Denton
annexation Ordinance # 89-052
Appendix "A" Page 2 of two pages