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Home My WebLink About24-060RESOLUTION NO. 24-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING KNOPF FAMILY LLC’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an insufficient application was submitted on November 3, 2023 and on November 9, 2023, Knopf Family LLC (the “Petitioner”) submitted a petition for the release of property from the extratemitorial 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 2170 Collins 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 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 11, 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 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. ;„„d.d pJ"'#„',"'w“''":;'';"'':""”HExe.’: gthe following vote LZ -e 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: J- --Z-L-Z J- ,/ PASSED ANDAPPROVEDthisthe £4L day of Gbp„,ry , 2024 bEN ATTEST: JESUS SALAZAR, CITY SECRETARY \\\\ tIll I/// n\ C) +0; APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY BY: gHZ--- iF):B6,oo, Exhibit A - Petition Development Services 401 N Elm St., Denton, TX 76201 • (940) 349-8600DENTON Petition for Release from Extraterritorial Jurisdiction The undersigned does hereby petition for release of 17.338 acres located at Tract 1 & 2, Lots 1 & 3 of Block 1 , Tycam Addition, Doc #2016-2123 & #2021-38 in the extrateuitorial 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? , or b. A majority in value of the holders of title of land in the area? Yes 2. How many dwelling units are located within the area requested for release?Zero 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: Zero b. Number of Registered Voters: Zero 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? No Please provide the additional items below: a a a 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 Development Services 401 N Elm St., Denton, TX 76201 • (940) 349-8M)DENTON Petition Signatures Provide additional shuts if necessary Name and signatures ofPetidone@): Hedy Morton Mettzer, President of Knopf Family LLC Name General Partner for Knopf Family LP No PAN: 694174DEN and PAN: Registered Voter (Y/N) Panel Wsj ibq Si bDEN 1 1/3/2023 Date Lillian F Knopf, Vice President of Knopf Family LLC Name General Partner for Knopf Family LP Signature No PAN: 694174DEN and PAN: 978200DEN Registered Voter (Y/N) Parcel ID(sI 11/3/2023 Date Bruce J Meltzer, SecretaryfTreasurer of Knopf Family Name General Partner for Knopf Family LP No PAN: 694174DEN Registered Voter (Y/N) Parcel ID(sI LLC Si and PAN: 97821 11/3/2023 Rate Name Signature Registered Voter (Y/N Parcel ID(s:Date Name Signature Registered Voter (Y/Parcel ID(s:nate Name Signature Registered Voter (Y/Parcel ID(s Date Name Signature Registered Voter (Y/N Parcel ID(s:Date Name Signature Registered Voter (Y/N Parcel ID(s Date Updated 8/3 1/2023 ETJ Petition Checklist 2 Collins Road Business Park 2170 Collins Road Denton, TX. 76208 Legal Description: TRACT 1 Lot 1, in Block 1, of MINOR PLAT of TYCAM ADDITION, BLOCK 1, LOTS I & 2, in Denton County, Texas, according to the map or plat filed for record in the Official Records of Denton County in the Plat Records Doc Number: 2016-2123. TRACT 2 : Lot 3, in Block 1, of MINOR PLAT of TYCAM ADDITION, BLOCK 1, LOTS 3, in Denton County, Texas, according to the map or plat filed for record in the Official Records of Denton County in the Plat Records Doc Number: 2021-38. !!!gg! i! !gi iiIis!!ii {}!!!!; i iiigjb)8ia}! !{}}}}{giii;!:Bi iqiiB!8i:i!:ii; i i3Iii:iiiiIiiiiii!iii!i:g8iggg ;d:il! ! ! i1E!i;i i!i3i1:!ii8g i g g F-C/)Z CDg)IUa(J<aaF)Nr IBB!g:i!i!}BI&!i!i B iIaHi:gg:gig jIII11b ! ! ! ! g BI ; iii; } Fn IL.; F11 !1In\_x! ! ! ! ! ! ! ! ! ! ! ! ! ; ! ! ; ; ; ! ! ! i :'-'-'-’"*-'Hj!!ii+Id If II II Z ;!!:i!!! I B Lnk't1 A \t:Y): F4 I Ji 'I UH'; FiT :1 RT / ii: I hI +0 1 IIi IIi + Ii [!!jii!1Ihe I I I I 1 I I I I 1, 1' ! i --_$\ ; i bbS gjg: h g:t\ai ii!! I I I I ;;I ; !I I I T I Lil 1. ! ! ! ; ! ! ! ! ! 1\ii ::: -GrEy I I I I I - j“‘ I I Pt # 4b E ! I g # gig! I