HomeMy WebLinkAbout23-2363RESOLUTION NO. 23-2363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING MUTUALF[RST, LLC’S PETITION FOR REMOVAL OF PROPERTY FROM THEEXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND DENYING THECITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 13, 2023, Mutual First, LLC (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 South of U.S. Hwy 380 and East
of North Trinity Road 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 ofthe 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 theconsent 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 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.
seconded bJhg}o:i_onJTJppr8=.:hj: nFl:tEn+~:asT= P£olut roT it £=?;fn'd]>ppro„eda::the following vote a - X :
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:
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PASSED AND APPROVED this the IIt\ day of Dcce„-.hr . 2023
ATTEST:
JESUS SALAZAR, CITY SECRETARY
t \ \ \ \ U 11 1 t 1/ / 1
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
g/% ;iII.T:BY. c-'’ 1 0:09:32 -06'OO'
Exhibit A
Development Services
401 N Elm St., Denton, TX 76201 ' (940) 349-8600DENTONPetition for Release from Extraterritorial Jurisdiction
The undersigned does hereby petition for release of 20.874 acres located atA0417A M. FORREST. TR 4A? 20.874 ACRES. OLD DCAD TR 3 A( 1 ) BLK D in theextraterritorial jurisdiction of the City of Denton, Texas. The property is more particularly described in the
attached survey description and shown on the attached map. The undersigned also certifies that the
following required information concerning the land and its inhabitants is reasonably accurate
and assumes responsibility for the completion of said information prior to scheduled action on the request
of the City of Denton.
1. Is this petition being initiated by either (please indicate yes or no):
a. A majority of registered voters in the area of request? no , or
b. A majority in value of the holders of title of land in the area? >es
2. How many dwelling units are located within the area requested for release? none
3. Does the area of request include any territory within the city limits or extra-territorial jurisdiction of
another city? no if yes, which city?
4. Estimated population of the area in request:a. Total: 0
b. Number of Registered Voters: 0
5 . Is any part of the area subject to a non-annexation agreement ot strategic partnership agreement
with the City of Denton or any other City? no
Please provide the additional items below:
Daa
Map of the land to be released.
Legal description by metes and bounds or lot and block number.
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
Petition for Release from Extraterritorial Jurisdiction
The undersigned does hereby petition for release of 20.874 acres located at ACH17A M .
FORREST, TR 4A, 20.874 ACRES, OLD DCAD TR 3A(1) BLK D , . in the extraterritorial jurisdiction of the
City of Denton, Texas. The property is more particularly described in the attached survey description
and shown on the attached map. The undersigned also certifies that the following required information
concerning the land and its inhabitants is reasonably accurate and assumes responsibility for the
completion of said information prior to scheduled action on the request of the City of Denton.
This property is owned by Mutual First, LLC
And signed on behalf of its members.
oper D. Ganter
4000 Carmel Road
Celina, TX 75009
4000 Carmel Road
Celina, TX 75009Member
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