HomeMy WebLinkAbout23-2362RESOLUTION NO. 23-2362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING RODRIGOGARCIA’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIALJURISDICTION OF THE CITY OF DENTON AND DENYING THE CITY’S CONSENT TOTHE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; ANDPROVID[NG AN EFFECTIVE DATE.
WHEREAS, on October 19, 2023, Rodrigo Garcia (the “Petitioner”) submitted a petition
for the release of property from the extratenitorial 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 1505 Chinn Road, Denton,
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 legislativediscretion under Local Government Code section 42.023; and
WHEREAS, the Property is subject to an expired non-annexation agreement pursuant to
Texas Local Government Code Chapter 212, under which the City has the authority to annex the
Property into the City; 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 in
size 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.
CThe motion to approve this re.solution was made by
seconded by al... Seal eLK,s< hc c2+L , the resM ,,h- J ECJ),fca' ,"on was passed a'nd approved byI
the following vote
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:
7
.//7
/
_, 2023.PASSED AND APPROVED thisthe IIjk day of T)+ce.,aber
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: g#% ::A:6,oo.
Exhibit A
Ikvelopment Sewion401 N Elm St., Denton, TX 76201 • W) 349-8a)obENTONPetition for Release from Extraterritorial Jurbdictioa
The undersiHOg“Ca:n":y;I .=TyTgr<” 1y ’ ’““ "“”= tI?:extraterritorial jwisdictiar of the City ofDmton, Texas. The property is more particulady dncdbed in the
attached nwey dwcdptim and shown al the attached map. The undersigned alsoceni6es that the following
required information concaning the land and its inhabitants is reasonably acwrate and assumes
responsibility for the canpleaon of said infamadon prior to scheduled aaion on the request of the City ofDenton
1.Is this petition bang initiated by either (please indicate yes or no):
a. Amdority of registeredvotersinthe areaof request? NO , or
b. A majority in value of the holders of title of land in the area? ]{ S ,
2. How many dwelling units are located within the arm requestal for release? Q
3.Does the arm of reQuest include any territory within the city limits or extra-terdtodal jurisdiction ofanother city? aU if yes, which city?
4.Estirnated population of the area in fewest:: 1 :1::::i e r of :ye8: 1DIr1DIEIL IIyr oter s : M
5.Is any part of the area subject to a non-annexation agrwment or strategic partnership agreement
with the City of Denton or any othu City? JV O
Please prOvIde the 8ddIHw81 lter16 below:
D _Map of the land to be released.
[] Legal dewription by me&s and bounds or lot and block number.
a 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
Updated 8/3 1/2023 ETJ Petition Checklist
DENTON -"- '- -"' -"’
Pattk)nSBnatwes
Prwi€k cx+ditbnd she€ts#nnessrvy
Name and signatures ofPetitiona(s):
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Name Sgnatun
Rqgistuul V(Acr (Y/N) Parcel ID(g
Name Sgnature
jsbual Votar fY/N) Parcel ID(s)
Fame Sgnature
sued Voter (Y/N) Parcel ID(s)
Name Sgnature
stued Voter (Y/N) Parcel ID(s)
Name Signature
stud Voter (Y/N) Parcel ID(s)
Name Ugnaalre
igeral Voter
Name Sgnature
stered Voter Parcel ID(s-
Ikvelopment SewiouD,tItO„, TX 76201 • (940) 3494aD
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