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HomeMy WebLinkAbout23-2361RESOLUTION NO. 23-2361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING RED BIRDRIDGE. LLC, ABIGAIL MOUNT MILLER, AND CRISPIN MOUNT MILLER’S PETITIONFOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OFTHE CITY OF DENTON AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORLAL JURISDICTION; AND PROVIDING AN EFFECTIVEDATE WHEREAS, an insufficient application was submitted on October 17, 2023 and on November 8, 2023, Red Bird Ridge, LLC, Abigail Mount Miller, and Crispin Mount Miller (the “Petitioner”) resubmitted a petition for the release of property from the extrateuitorial jurisdiction of the City of Denton (the “ETJ”), a copy of which is attached hereto as Exhibit A (the “Petition”);and WHEREAS, the property sought to be released is located at 200 Oak Ridge Lane, Argyle, Texas and described by metes and bounds in Exhibit A (the “Property”); and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of the City may only be reduced if the City Council has exercised its legislative authority to consent to the reduction of the City’s ETJ; and WHEREAS, pursuant to Article II, Section 1 of the Texas Constitution, landowners may not be delegated the legislative authority to remove their property from the City’s ETJ without the consent of the City Council; and WHEREAS, Subchapter D of the Texas Local Government Code Chapter 42 is an unconstitutional delegation of legislative authority and conflicts with the City’s grant of legislative discretion under Local Government Code section 42.023; and WHEREAS, the City Council finds that it is in the best interest of the City to deny its consent to the Petition, the removal of the Property from the City’s ETJ, and to the reduction insize of the City’s ETJ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The above recitals are adopted as findings of the City Council. SECTION 2. The Petition for release of the Property from the City’s ETJ is hereby denied. SECTION 3. The City denies consent to the removal of the Property from the City’s ETJ and the reduction in size of the City’s ETJ. SECTION 4. This resolution shall become effective immediately upon its passage and approval. seconded bJhE=Y=YPUT:"F<U*””T==.£=:=; plUUikp'.„„’::the following vote K - U : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: b/ ,/ L/ ,/ V/7 \/ PASSED AND APPROVED thi, th, )p- d,y of Dec,WAh/, 2023 HrKN ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY g/38.-- ;§RBY. C/ 22:Of:08-06’OO' Exhibit A Development Services401 N Elm St., Denton, TX 76201 • (940) 349-8600DENTONPetitIon for Release from Ertr8terTitorial JurisdIction The \mdusigned does hereby petition for release of 38.ZH5 acta located at 200 Oak Ridge Ln, Argyle TX 76266 h the extmturitorial jwisdiction of the City of Denton, Texas. The prolnny is more particularly described in the attached grwey description and shown on the attached map. The undersigned also ceaifies that the followingnquired infonnatioa concerning the land and its inhabitants is reasonably accurate md asguma responsibility for the completion of said information prior to scheduled action on the request of the City ofDenton 1. Is this petition being initiated by either (please indiaate yes or no): a. A majority of registered votus in the area ofrequ®t? , orb. A majority in value of the holdus of title of land in the area? yes . 2. How many dwelling units are located within the area requested for nlwse? ONE 3. Does the area of request include any territory within the city limits or extra-tenitorial jwisdiction of anothn city? NO if yes, which city? 4. Estimated population of the area in request:a. Total: ONE b. Number of Registered Voters: ONE 5. Is any part of the area subject to a non-annexation agreement or strategic partnership agrwmmt with the City oflknton or any other City? NO Please provIde the Bddltlonal Items below: a Map of the land to be released. a legal description by meta and bounds or lot and block number. el Attached petition signatures of the owners of a majority of value of land in the area (based on tax rolls) or of a majority of the registered voters of the area. It Searle% ) PetItIon qn©ture8hwIde aldltbnal sfleets I newry Nme nd sigrrdura ofPetitiolla(g): Red BIrd RkO LLC Nme S8naTW A. H.,W \ \ ) Ch:t 10, 2023 0 ! Rod BW RIdge LLC # ZA. h _ Bar ID 099 Q4 3(X) PS al WunIm,II, sW” ' Cbt 10,a)a Voter (Y/N) Pweel ID(8) Date Tv IIght _drp ., -Nme SigndurB- Oct 16, 202: Voter ayN} Parcel ID(s) IM Crispin Mount Miller , (Z.1,/Nam Sign8&Iny 73106 7 Nov 202 Voter (Y/N) Panel ID(s) Date [me Signal Voter (Y/N) PaIM ID(s) Fme Signal Voter (Y/N) Pnwl ID(s: Fme Sign& Voter (Y/N) Panel ID(i Nam Sign Voter (Y/N) Para ID(8 AbIgaII Mount MIller 3 attIre @