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HomeMy WebLinkAbout23-230RESOLUTION NO. 23-230 A RESOLUTION OF THE CITY OF DENTON REGARDING A REQUEST FOR CONSENTTO THE CREATION OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 2LOCATED SOUTH OF U.S. HIGHWAY 380 AND WEST OF THE CITY LIMITS OF THE CITY OF DENTON, TEXAS AND PARTIALLY LOCATED WITHIN THEEXTRATERRITORLAL JURISDICTION OF THE CITY OF DENTON, TEXAS; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, the growth of the City of Denton (“City”) and the Extra Territorial Jurisdiction (“ETJ”) have been impacted by development; and WHEREAS, City staff has been working with owners of real property within the ETJ to provide services to include City of Denton Fire/EMS services; and WHEAREAS, on December 6, 2022, the City of Denton received a Request for Consent to Creation of Denton County Emergency Service District No. 2 (“ESD2”), a copy of which isattached hereto as “Exhibit A”; and WHEREAS, Chapter 775 of the Texas Health & Safety Code requires the City's consent for an Emergency Services District to be created that would include land that is located in the municipal limits or extraterritorial jurisdiction of the City; and WHEREAS, the City has existing agreements to provide fire protection/EMS services within the area proposed as ESD2; and WHEREAS, the City Council finds it is in the interest of the residents of the City of Denton and of the City’s extratenitorial jurisdiction to refuse its consent to the creation of ESD2;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES : SECTION 1. The findings and recitals in the preamble of this Resolution are incorporated herein by reference. SECTION 2. The City Council hereby does not consent to territory within the City of Denton and its extratenitorial jurisdiction being included within ESD2.. SECTION 3. Should any paragraph, section, sentence, phrase, clause or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected thereby. SECTION 4. This Resolution shall become effective immediately upon its approval. s e c o n d : hEym o t i o n t1;GP!!T IILbhIIi : s o 1 u t i o n w 1ibm : # Ii R ::= paXJh :: S by the following vote [b - a] : Aye Vr L/ b/ t/r Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee,At Large Place 5 :1/ P/Chris Watts, At Large Place 6: PASSED AND APPROVED thi,, th, ##hd,y ,f =\2023 .G={#l,,.,,yORATTEST ROSA RIOS, CITY SECRETARY 1B111 1iIr : d=H22 dau1Lap/ b\\\ tULl III// APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY gan%Digitally signed by Scott BrayDate: 2023.01.19 22:04:33 -06'OO'BY: BURNS ANDERSON JURY & BRENNER, L.L.P. Attorneys and Counselors of Law A Limited Liability Partnership which includes Professional Corporation Telephone: 512838-5322Facsimile: 5 12/338.5363 From the Usk oFKEN CAMPBELL kc&mpbell@ bajb.comDecember 2, 2022 VIA CMRRR 7019 2280 0002 0534 3426 AND EMAIL: Gerard.Hudspeth@cityofdenton.com The Honorable Gerard HudspethMayorCity of Denton 601 East Hickory StreetDenton, Texas 76205 RE: Petition for the Creation of theDistrict No. 2 Our File No.: 019.39398 Proposed I)lunty Emergency Services Dear Mayor: I represent Justin Community Vol1 hjre Department, Inc. and Ponder Volunteer Fire Department, Inc. The citizens Ol S: InTJ::tyb,yI::= IsriFT:FmELena:Fda:petition with the C01 to Chapter 775, Texas Health & Safety Code. Theemergency semi entire proposed Red wholly within Denton County as described inII be municipality’s territorial limits or extratenitorial 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 78755.63007804 Bell Mountain Drive #100Austin. Texas 78730 December 2, 2022 Page 2 BURNS ANDERSON JURY & BRENNER, LL.P. 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 exaaterritorial 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 60th day aRe: receipt of this letter. I would appreciate if you would place this ma docket for consideration and respond with your city’s consent priot election may proceed in a timely manner If you have any questions, or require additionalcontact me at 512/338-5322. Heoinfol not hesitate to Sincerely, BURNS ANDERSON JURY & BRENNE Ken CampbellKPC/ CC: W Hi Managerof Fort Worth 200 Texas Street fortworthtexas.gov Fort Worth, Texas 76102 tON CITY LETrERHEAD\ [D,4 TrI The Honorable Andy Eads County Judge Denton County1 Courthouse Drive, Suite 3100 Denton, Texas 76208 RE:Consent of the City of Denton, Denton County, Texas fOI Limits and Extratenitorial Jurisdiction of the City in theEmergency Services District No. 2, Pursuant to Chap1 Safety Code &City 6untyEalth & Dear Judge Eads: This correspondence is to certify that at Denton, Texas, called and cond1 approved the following m II of the City ofthe Council Pursuant to Section 775 Texas hereby col proposed Denton of Denton,within the Sincerely, WHA/x] Mayor ATTEST AN JCity SMtary CC:Ken CampbellBURNS ANDERSON JURY & BRENNER, L.L.P. P. O. Box 26300 Austin, Texas 78755-6300 PETmON FOR THE CREATION OF DENTON COUNTY EMERGENCY SERVICESDISTRICT NO. 2 Pursuant to Tau Health and Safety Code, Chapter 775, the undasigned petitioners hueby petition for the creationof an emergency snvicw district whose tui axial boundaries would be those as farther described in the attached Elba)it A, attached hueto and incorporated hucin for all purposn. The proposed Denton County Ern£qmcySwvices District No. 2 is to be aeated 8nd is to operate under Article III, Section 48-e, Texas Constitution, andChapter 775, Texas Health & Safety Code, and will provide the eruergeaw suvices set forth in Article III, Section484, Texas Cmstitutioa. The creation of the proposed Dmton Chung EmaBmcy SuHca District No. 2 complies with Sntims 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,both its and city hrnits; the City of Justin, OBLIGOR NO. 1 =1 &t a u s \ rM 3 Signature ttC_X /adp,nf KiLt\&d Bel HerPrinted Name PoVA£Z/ F XCity, State, Zip Code It 15 1a //23'“”“i”VIi/;'/t&@yI Date at V SO) =SrOM) £4££X. aRResidence Address \JtLaI tRes /O- 17- aDa a Date of Signing 10/ 17 / IOla_ Date of Signing /dl ' 223/o/ ? Votu Regis Ration No.Voter Registration No. SWORN TO AND SUB Obligor before me, the undusigned authority, by2022. a asaala PETrriON FOR THE CREATION OF DENTON COUNW EMERGENCY SERVICESDISTRICT NO. 2 Pursuant to Texas Health and Safety Code, Chaptu 775, the undersigned petitioners hereby petition for the creation of an anergency services district whose t£rritoria] baundaHes would be those as futhu described in the attachedExhibit A attached hereto and ineorpomted benin for all purposn. The proposed Denton County EmagencySuvica District No. 2 is to be crated md is to operate twIn Article III, Section 48-e, Texas Constitution, and Chq>tel 775, Twas Health & Safety Code, md will provide the aneqenc,y suvices set forth in Article III, Section4&e, Twas Cons6tudon The ae&ion of the proposed Dmtan County Hnugency Services District No. 2 complies with Sections 775.020 and 775.0205, Health and Safety Code. The following are municipalities RuIn which consent must be obt8ined undu Section 775,014: the City of Ponder, including both its extraBnitodal jurisdiction and city limits; the City of Justin, including bothjurisdicdon and city lirniB; the City of New Fairview, hrcluding both its extratenitodal but only in Denton County, Twas; the City of Dish, including both its extraterritoHal only h Denton Cormty md the proposed Denton County Emergency Services District No.including both its exUaberdtoda1 jwisdicdon and city limits, but only in the proposedServices District No. 2 and not included in Denton County EmuBmcy Services jurisdicdon of the City of Fort Worth; and the exbatenitoHal limits of the City inddart to theIfthan $1 and otha necnsary andThe undersigned two peti6onen obligate themselves to pay not more formation of the proposed distdcb including the costs of publishing incidental expen8e& OBLIGOR NO. 1 #3ichc, el Ph:jtThPrintedNnne Jr E '#}\$+ Mailing Address Mailing Address Jug/rl =+ 7(, J I ’aab City, State, Zip Code Residence Address Date of Birth ] 1/a' i ,q Date of Signing Date of Signing dj 351 s&aya VotuRegistraaon No.Voter Registration No. LINDSAY GAFFNEY in::iIL:ifs::Diit: aMarch 1, 2025 ObHgor No. 1, :n'his heb h )as BligH,Y PUB 'l®OF T LINDSAY GAFFNEY Notary ID #131026600 My CommIssIon ExplrnMarch 1. 2025 EXHDBIT 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 Dwton County-Wise County line to the point whereintersects the tadtorial limits of the City of Fort Worth; said line THENCE, easterly the northerly following the tnritorial limits of the Citytaritodal baits of the City of Fort Worth intersect with the turitorial HIIitsEmergulcy Services District No. 1 ; ofFoJ©l the )unty THENCE, noItherly and easterly following the western territorialEmwgmcy Services District No. 1 until the turitorial limits District No. 1 intersect with the territorial limits of the City THENCE, northerly following the western turitorid territorial limits of the City of Denton intersect with the right of LlqTHENCE, west following the southBEGNNDqG.380 to the PLACE OF Save andexcept any terntorywithin thNo2 contained in ibc territorial limitsa exist as of October 10. 2022. \o led DMon County Emergency Services District(N ofForth Worth or the City of Denton as they DE :\=.J TO !\. I g:O !Ji~]--:–y ESD2 Pi-aDC)sec{ i iF }; 80118116 ! i e 1:IH£ I Flower luil &luthlske WB4SWZ + uartatfBSMRU O RtUBW '--=g- - HSIIHi: ' anSI BeM:8uhHRtIB4aBaHHef' swAle=nUnn WW t HlaF£rBtS g CRy PopulaBonI#{Wt% b+ bq&-duWBg• wn+,u ina •aBnat Ir W I!! ! +A 1 H