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HomeMy WebLinkAbout24-370RESOLUTION NO. 24-370 A RESOLUTION OF THE CITY OF DENTON DENYING HAROLD PECK, MARY PECK. AND PECK INVESTMENTS, LTD.’S PETITIONS 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 EXTRATERRITORLAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2024, Harold Peck and Mary Peck and Peck Investments, Ltd. (the “Petitioner”) submitted petitions for the release of property from the extratemitorial jurisdiction of the City of Denton (the “ETJ”), copies of each of which are attached hereto as Exhibit A (the “Petition”); and WHEREAS, the properties sought to be released are generally located near Hilltop and East Hickory Hill Road 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 submitted petitions fail to meet the requirements of Section 42.104(d) of the Texas Local Government Code because the mens and bounds descriptions of the Property on the submitted petitions are illegible; 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. If any section, subsection, paragraph, sentence, clause, phrase, or word in this resolution is held invalid or ineffective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this resolution, and the City Council of the City of Denton, Texas hereby declares that it would have adopted such remaining portions despite any such holding. SECTION 5. This resolution shall become effective immediately upon its passage and approval. seconded b:hi:::5:: bT:,I: tVIJ:::don was Tl:F=£=wasH£=/iSIEd approve/E the following vote U -E : Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ -A -L xl -L ,/ 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: PASSED AND APPROVED this the St* d,y,f A,,,k _, 2024. GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY b\\\\\ 11 tIlt APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY gd% ;:)BY. a 13:40:14 -06’OO' +Exhibit A - Petitions Certified Article Number SENDER’S RECORD VrcroRCRI£rALgs AsoctATE Tq 3q 7?bb ?q8q a3bs q35? ?e vcRisrAT F.S@COATSROSBCOM DlxEcf: (972) 419-4704 FAX (972) 7024662 February 2, 2024 VIA CERTIFIED MAIL Office of the City Secretary City of Denton Attn: Jesus Sala7ar 215 E. McKinney St. Denton, Texas 76201 Re:Petitions for Release &om the City of Denton’s Extraterritoria1 Jurisdiction (the “Petitions”) – Harold and Mary Peck Properties and Peck Investments, Ltd. Properties Mr. Salazar: Enclosed please find a copy of the above-described Petitions, pursuant to Chapter 42 of the Texas Local Government Code, as amended. Please reach out to Mindy L. Koehne at mkoehne@coatsrose.com or (972) 982.8461 with any question regarding the Petitions. Very truly yours Victor Cristales Enclosure 16tXX) N. DALLAS PARKWAY, SUrrE 350, DALLAS, TEXAS 75248 PHON£, (772) 78&1600 FAX, (972) 702+B62 coat$10sc.coIn HOUSrON I AUSTIN I DALLAS I CINCINNATI CRISTALES, ViCFOR MANUEL.CXXX>01\4887.5468-3554.vI PETrrlON FOR RELEASE FROM THE CITY OF DENTON’S EXTRATERRITORIAII JURISDICTION THE STATE OF TEXAS couvrY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCEL, CITY OF DENTON, TEXAS: COMES NOW the undersigned (collectively, the “Petitioner”), acting pursuant to Chaptu 42 of the Texas Local Government Code, as amended (the “Act”), mspwtfully petitions the City of Denton, Texas (“City”) to release certain property located within the City’s extraterritorial jurisdiction, as more particularly described in the attached Exhibit K N’ (the “Property”). In support of same, Petitioner would nspwtfully show the following: 1. The Property is located within the exaatenitorial jurisdiction of the City of Denton, Texas in Denton County, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other municipality. Petitioner requests release from the extraterdtoHaJ jurisdiction of the City of Denton, Texas. 11. The Property does not lie in an arcu (i) within five (5) miles of the tx)undary of a military base, at which an active training program is conducted, as de6ned by Section 43.0117 of the Texas Local Government Code, as arnended; (ii) that was voluntarily annexed into the extratenitorial jurisdiction that is located in a oormty in which the population grew by more than £fty percent (5(Y%) &om the previous federal census in the federal oensus conducted in the year 2020 and has a population of greater than 240,000; (iii) within the portion of the extraterritodal jurisdiction of a municipality with a population of more than 1.4 million and that is within fifteen (15) miles of the boundary of a military base, at which an active training program is conducted, and in a county with a population of more than two (2) million; (iv) designated as an industrial district under Section 42.044 of the Texas Local Govwnment Code, as amended; or (v) subject to a strategic partnership agreement entered into under Section 43.075 1 of the Texas Local Government Code, as amended. 48584955-3052.vl 111. The persons or mtities (Ihnxrgh authorized representatives) signing this Petition constitute a majority in value of the holders of title to the Property as shown by the tax rolls and conveyances of record since the date of preparation of said county tax rolls. rv. The Petitioner, having met the petition requirements in § 42.104 of the Act, and Chapter 277 of the Eloction Code, as applicable, requests the City immediately release the Property from the City’s extratenitoda] jurisdiction pursuant to § 42.105(c) of the Act. Otherwise, the Property shall be released by operation of law punrlant to g 42.105(d) of the Act. V. This Petition will tn filed with the City Secretary, City of Denton, Texas. VI. WHEREFORE, the Petitionu nspwtflrlly prays that this petition be filed with the City Secretary of the City of Denton, granted in all respects, and that the City Council of the City of Denton, Texas adopts an ordinance or resolution releasing the Property from the City’s ex&atenitorial jurisdiction. [SIGNATURE PAGE TO FOLLOWI 48584955-3052.vl RESPECTFULLY suBbaTiED, onads then%y 20240 PETITIONER: HAROLD PECK Name:Harold Peck Date of Signing:\\\%\uX Date of Birth:\-7. \ze\ 1'IS'1 Resident Address: THE STATE OF TEXAS COUNTY OF DM 9 g This instrument was acknowledged before me on this lb day ofJanRaIny , 2024, by Harold Peck known to me to be the persme subscribed to be foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein name is dU WMHMmtate of Texas (NOTARY SEAL) CRYSTAL LEE FARNAM Notary Public, State of Texas Comm. Expires 0+28-2027 NotarY ID 13433271 O 48584955-3052.vl PETITIONER: MARY PECK ~: N\.„..,&bc Name:Mary Peck Date of Signing:ILL@ II X:31 \q sq a\:SI 86+ a\riaa HtQD arq4cl \T+ ILp& Date of Birth: Resident Address: THE STATE OF TEXAS COUNTY OF t>©K+VYa § 6 This instrument was acknowledged before me on this 1 8 day of 2024, by Mary Peck, known to me to be the person whose name is foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein aMhfaHiII,r)zu M18fthMte oFTin (NOTARY SEAL) F Notary Public, State of Texas Comm. ExpIres OF28-2027 Notary ID 134332710 48584955.3052.vI EXHIBIT “A” Legal Description and Map of the PropertY 2022 TAX STATEMENT MICHELLE FRENCH D€WTON tOU&W TAX ASSESSOR COLLECTOR PO gOX g0223 oanow, TrVAS 76203 940.349-3500 PO PI '/ IE}?#@; 382B6FN PROP£RTY o-m Scm th+saxhur TI 3 TiiBnki##la-mmR6i PECK HAROLD & MARY $ PO BOX 164 ARaVL£. TX 782?oorsl fdi;;iii;Mai; PROPERrY VALUES mIMi ZJ®fFF-vi(iii 0 EFm1 EXEMFIIONS T 0 0 MtNERAL v }EFBOBLALIcTan;i JURISDICnON bmiMliTe>ibm DENTON ISD DENTON COUVrY TAXABLE VALUE mo 25:000 RfaSMI 0217543 TOTAL AUrWNT DUB IF PAID ON OR BEFORE JANUARY 31. 2023 Tbx09 aro due upon rocelpt of statemente Payment optIons on back. tab+ 7 \C/ 48584955-3052.vl MICHELLE FRENCH DaWWoaHrYTAXA88EB9W PO BOX saaB ocHreit tX Tim two) &tum 2022+ Tax Statement hoe+ltyAeoulrrt HutTOn 122019DEN 1 1/07/2022Buren+8 on: OwneR PEaK HAROLD & MARY 8 KBIIng AddrHU PO BOX 151 ARarLE TX 7@nt$1 I=t m–-OH;;Mi+MHtW 4.8816 Leed DuaM AtQ2QA PRITCt€rT TRS+ 4 eaterflU CXDDCAO rn8t18 msi +lat Bl i afS30.7)3'0EatMmCHanSPIEmewtX)]b3xovM [=TU?Tr&lmB I AFK3VI.g ISO ;C viiI:“In\ 4858-4955-3052.v 1 2022 TAX $TATEMEbfr ma PECKHAROtD&MARY$ ?08ax lst ARGYLE. TX 7w&at61 mmR to IDI E PROPERTy VALUES iRatieifebs? gmw El -MIHEhiNk.VAt:UT0 Emk lady/(EVE TOTAI kU JwsblenoNmIEbMW ARGYt F ISO D£lfroN OQuvrY >nii%@IV@ BR 1.028 q .aaB 1 ,caB TaTA AUgVNT DVB F ?AID Orr all DErailc WrBARY 31, 2a13 lbxes are due upon receipt of staternent. Payment optIons on back, ©4WWWM d\h rgu onlneal tjlUrBM- 'Mr &b ' ff tvrl&gPgh34 \t:1 4858-4955-3052.v 1 iii :,i ' qi li §iit iIB i;BE ;:i. B ii;g : : :s ! i li{i orIEafp ! IS !!}jPi ii iN 8 48584955-3052.vl PETITION FOR RELEASE FROM THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS COUNtY OF DEvrON TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF DENTON, TEXAS: COMES NOW the undersigned (the “Petitioner”), acting pursuant to Chapter 42 of the Texas Local Government Code, as amended (the “Act”), respectfully petitions the City of Denton, Texas (“City”) to release certain property located within the City’s extraterritorial jurisdiction, as more particularly descritnd in the attached Exhibit 'W’ (the “Property”). In support of same, Petitioner would nspectmy show the following: 1. The Property is located within the extmtenitorial jurisdiction of the City of Denton, Texas in Denton County, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other municipality. Petitioner requests release aom the extraterritorial jurisdiction of the City of Denton, Texas. n. The Property does not lie in an area: (i) within five (5) miles of the boundary of a military base, at which an active training program is conducted, as (leaned by Section 43.0117 of the Texas Local Government Code, as amended; (ii) that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county in which the population grew by more than fifty percent (50%) from the previous federal census in the federal census conducted in the year 2020 and has a population of greater than 240,000; (iii) within the portion of the extratenitodal jurisdiction of a municipality with a population of more than 1.4 million and that is within fifteen (15) miles of the boundary of a military base, at which an active training program is conducted, and in a county with a population of more than two (2) million; (iv) designated as an industrial district under Section 42.044 of the Texas Local Government Code, as amended; or (v) subject to a strategic partnership agreement entered into under Section 43.075 1 of the Texas Local Government Code, as amended. 4883-57554492.vl 111. The persons or entities (through authorized representatives) signing this Petition constitute a majority in value of the holders of title to the Property as shown by the tax rolls and conveyances of record since the date of preparation of said county tax rolls. rv. The Petitioner, having met the petition requirements in § 42.1(A of the Act, and Chapter 277 of the Election Code, as applicable, requests the City immediately release the Property from the City’s extraterritodal jurisdiction pursuant to § 42.105(c) of the Act. Otherwise, the Property shall be released by operation of law pusrIant to § 42.105(d) of the Act. V. This Petition will be filed with the City Secretary, City of Denton, Texas. VI. WHEREFORE, the Petitioner respectfully prays that this petition be filed with the City Secretary of the City of Denton, granted in all respects, and that the City Council of the City of Denton, Texas adopts an ordinance or resolution releasing the Property from the City’s extraterritorial jwisdiction. [SIGNATURE PAGE TO FOLLOW] 4883-57554492.vl R£SPECTFULLY suBMitrED, or,thi, the Bd,y ,f b%uwuV- , 2024. PETITIONER: PECK nwESTMnqTS. LTD.. a Texas limited partnership By : Champion Investments, L.L.C., a Texas limited liability company its General Partner Name: Harold Peck Title: President Dat, ,fsiMg, mbMa Date of Birth: n-_ Resident Address:a13+ e thur,Bt ttl it MW;!LgbM TIm STATE OF TEXAS couNrY OF mun § § This insaument was acknowledged before me on this \8 day of ;h;;iwm;?yi!:Lor11 P;ingen;={cllr::IoW: L+1:=; IiIiTS partnership, on behalf of said entity. (NOTARY SEAL) TamiIBiggailall Notary Public, Stat8 of Texas Comm. Expires a4-2&2027 N018ry ID 134332710 4883-57554)492.vI 3 EXHIBIT 'W’ Legal Description and Map of the Property 2022 TAX STATEMENT MtCHELL£ FRENCH DEFION couvrr coLLEefOR otvroq, nus 76202 940,349.3500 [gtg #: BW PR£P€KrY Accauw RUMBa M€rDRR qFIFg yIli tHe m you saunplxxB n-ii;;EqiTPRoWTFiM FAll;eT@II StX;ADTR PECK iNVEsrHEMrs 2137 E HICKORy }{ILL RD ARgYLE, TX 7BaG312e SfTUS: 1;iT;iF;;;ii EXEHPnoNs; P80P£Prv V4tUtS iiRON WME8KG IUPROVEUEHrI - Blmim NFI AG V4LUEwfm :IBm1 @#®M©©]TiEr- ARGyLE ISO DEMON couKrY RLML 24t , 827 241.627 2+1.627 TAfRAYFmIDI 1.387600 0217543 E:rE:l6;bfi EaTsIS;t 3.778 88 TOTAL AHOUHI DUE IF PAID ON OR BEFORE JANUARY 33, 2023 Tbxes are due UPon receIpt of statement. Payment options on back Retwn HIt&In HIRn nIl& NII OaI+Bef# l8ttH ©ncIQBHl Mydaln Pb#vwrt8 my lake I- IO +n RI poet S4tZU13 qb/\P 4883-57554492.vI 2022 TAX STATEMENT Cubr Kd al ’+In6 MICHELLE FRENCH OtUTON COUWY TAX ASSESSOR COLLECTOR PO BOX 90223 DEMON. TEXAS 76202 946349 3300 PROPtxTY ACCOU:MRNl+R8tR BB@PSI llIHlIBUMHll FR6i£Rrl OWU£R Scan tt&saxh UI you snu mt OCAD TR #11 A(IB) 1=1nRTF PECK iNVESTM£vrs 2137 E HKXORY HILL RD ARGYLE TX 7B7?N3120 Mss B --M PROPt€ry VALues IMPFQVEM£Vr VALU[imRAL v-ii(iE ma URISDICTION E ARGYLE BD oeRrowoouRrr fAXAaLt VAUiE ma 243827 241.827 TOTAL AHOU HT DUE IF PAID ON OR BEFORE JANUARY 31, 2023 Tbxes are due upon receIpt of statement. Paymant optIons on back. g,O,ft wIth no, bl the HehoedHUal none 7'tO rhys tO rna H.r 28.q3 \/'\a 4883-57554492.v 1 2022 TAX STATEMEvr ma R To OCAD TR PECK INVESTMENTS 2337 E HICKORY HILL RD ARGYt E TX 7m&3128 I n PROPERTy VALUES Dl(rlON m;,’uifa6-Eso I ARGYLE ISD D£#roNCOUbnY TAXABLE VALUEEXEMPriONS amG 241 .627241 627 aASE Lew as.sl 52S B4 TOTAL AHOUFr Due IF PAID ON OR BEFORE JANUARY U. 2023 +4.laB.13 Tbxes are due upon receipt of statement. Payment optIons on backBV RrOW bVUHHnfomHnrw nmHRHltIHH'UHMv•hO 1\I-A.h -AI hi• r. 10 +pent \y" n-4-n---'Uw!-aIH-H#IHP03+name auUH WMrnH8duat#albBt9udbxe&euHuduo+ooMMeeO#vlahBlls8 u – 4883 -57554492.vI /e + !! ! P • a { P Hi i gig; i i ! i II ',:, I ! ! -1: ! ! ! ii 'i ! ! ! § !!jflit!!! WE 4883-57554492.vl 7 3 f: ; J e +) p 8=aT eg ==•••• ===1: J JEP JE alruFF JD JDa JI= fU In8FtrI JCILItrIJB FUU JInJn -\) + 11.{ ;D2 DfriOrn Ui2In AJ CT:rnC) '-1Fri aHhh C) LunaSHH JOrurr leI ===l••ll Un JOa = ruPF Cn JEILItnan d , - I ruLa FIRST- CLASS ;gI##