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HomeMy WebLinkAbout20-933SALegal\Our Documents\Resolutions\20\Legends Ranch MUD Of Denton County - Resolution (5.12.2020).Docx RESOLUTION NO. 20-931 A RESOLUTION OF THE CITY OF DENTON REGARDING THE CREATION OF THE LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY, ENCOMPASSING APPROXIMATELY 496.136 ACRES OF LAND LOCATED NORTH OF U.S. HWY 380, EAST OF NAIL ROAD, AND WEST OF THOMAS J. EGAN ROAD, WITHIN DIVISION I OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Wise Asset 1 Ltd. owns approximately 496.136 acres of land in Division I of the City of Denton's Extraterritorial Jurisdiction' (the "ETJ Property"), as shown on the map attached hereto as Exhibit "A"; and WHEREAS, on February 14, 2020, Legends Ranch Development, LLC (the "Petitioner") submitted to the City of Denton a Petition for Consent to Creation of Legends Ranch Municipal Utility District of Denton County ("Petition") on the ETJ Property, pursuant to Section 42.042 of the Texas Local Government Code, attached hereto as Exhibit `B"; and WHEREAS, Wise Asset 1, Ltd. also owns approximately 37 acres of land within the municipal boundary of the City of Denton (the "City Property"); and WHEREAS, the Petitioner has submitted a concept plan to the City depicting the ETJ Property and City Property being developed as one project for 1,619 residential lots, 28 acres of multifamily uses, 37 acres of commercial uses, 6.88 acres for an amenity center, and approximately 162.37 acres of floodplain/open space with hike/bike trails ("Legends Ranch"), as shown on the concept plan attached hereto as Exhibit "C"; and WHEREAS, the ETJ Property is located in the City of Denton's Certificate of Convenience and Necessity (the "CCN") service area; and WHEREAS, pursuant to Chapter 54 of the Texas Water Code and Chapter 42 of the Texas Local Government Code, the City Council is required to pass a resolution regarding the creation of the District within 90 days after the date the City receives a written request for consent; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations in the preamble of this resolution are incorporated herein by reference. 1 Division II of Denton's Extraterritorial Jurisdiction is that part of its statutory Extraterritorial Jurisdiction that is defined and limited by a certain interlocal agreement with Denton County, Texas, executed in December 2003, pursuant to Sec. 242.001 of the Texas Local Government Code. SECTION 2. The City of Denton, Texas, hereby refuses to consent to the Petition based on the following: a. The Petition to create the MUD submitted to the City does not appear to be signed by the property owner. b. The Petition does not comply with the City's Interim MUD Policy. C. The creation of the Legends Ranch MUD will affect the City's ability to implement the City's Comprehensive Plan. d. The Petitioner is requesting consent to allow substandard road types for a development creating a higher number of vehicle trips and the ability to create a Turnpike. e. The Petitioner is requesting to create a separate water utility within the City's CCN. SECTION 3. This resolution shall take effect immediately from and after its date and passage. The motion to approve this Resolution was made by �/�fz,;}.�,� and seconded by / ; the Resolution was passed and approved by the following vo eL A e Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the., day of 2020. ATTEST: ROSA RIOS, CITY SECRETARY By:,_ ; CHRIS WATTS, MAYOR Page 2 of 3 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: Page 3 of 3