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HomeMy WebLinkAbout23-2359RESOLUTION NO. 23-2359 A RESOLUTION OF THE CITY COUNCEL OF TIU CITY OF DENTON DENYING RYAN KAYAY, nARRY SPEAKE III, AND NATHAN MURRAY’S PETITION FOR REMOVAL OFPROPERTY FROM THE EXTRATERRITORLAL JURISDICTION OF THE CITY OF DENTONAND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’SEXTRATERRITORLAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an insufficient application was submitted on September 26, 2023 and on November 8 ,2023, Ryan Kayay, Harry Speake III, and Nathan Murray (the “Petitioner”) resubmitted a petition for the release of property from the extraterritorial jurisdiction of the Cityof 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 11351 Hilltop Road, 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 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 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. I f ( by k &r'. J k-’Jsf'+k and resolution was passed and approved by was madeThe motion to a1 theseconded by ]&l--n. the following vote X -L] : 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: LZ LL,/a PASSED AND APPROVED this the I }{*day of DecG'bbc/ /S b ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATrORNEY g # 3t+n 2 :::[p+ 1 ; ?Oy4 2 1 : 5 7 : 0 1BY, C'’ -06'OO' \\\ 1 + 1 : \ n &I IIj PItT t . f Exhibit A Development ServicesEISiI:IIe*lg ”' ~"";'’m“'“*“”: '(””;”'*'"Petition for Release from Extraterritorial Jurisdiction The undersigned does hereby petition for release of b . 0 acres located atin the extraterritorial jurisdiction ofth6 City\if beaton, 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 ofDenton. 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 , orb. A majority in value of the holders of title of land in the area? ah. How many dwelling units are located within the area requested for release? Z2. 3.Does the area of request include any territory within the gity limits or extra-territorial jurisdiction of ,„,th„ ,ity? W if y„, which city? t£4al 4. Estimated population of the area in request:a. Total; Z'+ b. Number of Registered Voters: 5.Is any part of the area subject to a non-annexation agreement or strategic partnership agreement with the City of Denton or any other City? A Please provide the additional items below: M/ Map qf the land to be released. If Legal description by metes and bounds or lot and block number. MT Attached petition signatures of the owners of a majority of value of land in the area (based on tax roHs) or of a majority of the registered voters of the area. ETJ Petition Checklist Development Services Denton, ’fX 76201 • (940) 349-8600DENTON401 N Elm St PetItIon SIgnatures Provide oddltlonol sheets if necessary Name and signatures of Petitioner(s): '&b Nes '1 Sl gqRegistered Voter (Y/N) Parcel ID(s: CUt 151 Bq Registered Voter (Y/N) Parcel ID(s) Signature Registered Voter (Y/N) Parcel ID(s: Name Signature Registered Voter (Y/N) Parcel ID(s) Name Signature Registered Voter (Y/N) a < m Signature Registered Voter (Y/N) Parcel ID(s) m Signature Registered Voter (Y/N) Parcel ID(s) Name Signature Parcel ID(sI Signature / 1 \ { a/(alSDate ///Ol)ad.3Date Date Date Date Date Date J 2307 2 t SignKttu 27 Registered Voter (Y, EXHIBIT nAn BeIng all that certaIR lot, tna or parcel of hnd 8ltu8ted ia the E. PRITCHETr SURVEY,ABSTRACT NO. 1020, Denton County, Texas, beIng all that cen8ln "Tract I ", '’Tract 2', arId ''Tract 3" of land corweyed by deed froln Hilltop StatIon, Ltd., to Hilltop Road VIllage,Ltd., recorded in Document No, 2013.117825, Real Property Records, Deatoa County, Twas and beIng more partIcularly descrIbed as follaws: BEGINNiNG at a P.K naII found for corner in HIlltop Road, a public roadway having a proposed right4f.way of 60.0 feet, saId poInt beIng the northwat corner of the r08ddaIiata of Int 1, Block A, THIS TIME NEXT YEAR ADDITION, an Addition to Denton CouRty, Texas, according to the plat thereof recorded in Doc8ment No. 2017-196, Plat R®owi3, Denton County, Tex&s; THENCE N 0(P 27' 45" W, 420.40 feet with said HIlltop Road to a P.K nail found forcorner; THENCE S 8P 42’ 28l' E, pass at 25.22 feet an hog rod get for east line of said Hilltop Road, a total dIstance of 624.39 feet with the south line of that certain tract of land coaveyed by deed from the Greg Coward Itust to Peck Investments, Ltd., recorded in Document Na 2(112-18713, Real Property Records, Denton County, Texas to an Iron ndfound for oorner in the w©t line of that certaIn tract of land conveyed by deed from Walt B,G8rri son and wife, Deborah K Garrisoa to Harold Peck and wife, Mary Peck, recorded in County Clerkls File No, 9$R0022186, Real Property Ruor'ds, Denton County, Texas; THENCE S 00' 05' 42l' E, 420,40 feet with said wat line of saId Peck tract to an Iron nd found for corner, saId poiat being the northust corner of said This Time Nut Yur Addition; THENCE N 890 42' 20" W, pass at 595.93 feet an iron rod found for east line of said HilltopRoad, a total distance of 621.69 feet with the north line of said This Time Next Year AddItion to the PLACE OF BEGINNING and contaialng 6.013 acres of land more or Ins. 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