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HomeMy WebLinkAbout24-363RESOLUTION NO. 24-363 A RESOLUTION OF THE CITY OF DENTON DENYING NORTH TEXAS CONTRACTING INC.’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORLAL IURISDICTION 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 initial petition was submitted on January 16, 2024 and denied by City Council on February 6, 2024; and WHEREAS, on February 6, 2024, North Texas Contracting, Inc. (the “Petitioner”) resubmitted 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 7368 FM 2449, Ponder, Texas 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 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 iriThis 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. ;„.„d.d b;hi=r,“ ’dr::: tH:E=hti'" "’; T:= =.I„i.==={„ I::{ig'ih„./:: the following vote LI - ILl : 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: / C+\ PASSED AND APPROVED this the ) day of 1 1 b’'k /_ a/Z GERARD HUDSPETH, MAYOR . 2024 \\\IIt IIlle ATTEST: JESUS SALAZAR, CITY SECRETARY tAP:JK UIN;ANDITI£ ATTOJNEY g/% HP'.;',„;BY. u -06'OO' Exhibit A - Petition anterbury „„.„„ ,„„„,„„.„„.„„ ,'„,,„„„C January 16, 2024 Mayor Gerard Hudspeth 215 East McKinney Street Denton, Texas 76201 Yia Email Gerard.Hudspeth(q),citvofdenton.com City Attorney Mack Reinwand 215 East McKinney Street Denton, Texas 76201 Yia Email Mack.Reinwandc,@,citvo.fdenton.com RL e +North Texas Contracting, Inc.’s Petition to Remove Property from City of Denton’s Extra-Territorial Jurisdiction (ETJ) Dear Mayor Hudspeth & Mr. Reinward: Attached please find North Texas Contracting, Inc.’s Petition to Remove Property from the City of Denton’s Extra-Territorial Jurisdiction (ETJ). Should you need any additional information from North Texas Contracting, Inc. with respect to this matter, please let me know. If you could acknowledge receipt of this petition, I would appreciate it. Sincerely, Z>zza2ac to&acA DaNae Couch DC/mlc Attachment cc: North Texas Contracting, Inc. Y:\Clients\North Texas Contracting - 5933\Real Estate Matters - 5933.096\Keller Property\2024.0 1' 16 - Corr to Citv of Denton (Petition2Remo\ePKwerty).docx Canterbury, PC 1 4851 LBJ Fwy, Ste 301, Dallas, Texas 752'n 1 T. (972) 239-7493 1 F. (972) 490-7739 Petition to Remove Property &on City of Denton’gErtn-TenitoHal JurisdIction (ETJ) Punuaat to Texas tlovernmmt Code Section 42.103, North Tum Canawting, Inc. 61es this petition requwtingnlwse aon the Extr8-Tadtodal Jurisdiction of the City of Dm&>n. In support tbenof, North Texas ConUwting, Inc. wrtifies that the following nquind inforrrution concerning the land and its inhabitants is accurate. C>wng/®Op©IY; North Twas Contracting, Inc. PO Box 468 Kel1% TX 762'M Property to be Removed &om DaI+on ETJ: 7368 FM 2449, Pondu, Denton CowHy, Texas City EU: Denton Signatures: This petition has bem signed by: (1) more thaI 50 percent of the registered voters of the nea described by the petitioa as of the daB of the preceding uniform election dale; or (2) a majority in value of the holders of title of land in the ara damned by the petition, as indicated by the tax rolls of the central appraisal district. Map and Desaiption Qf Land to be i(eleasMl: Attached to this petition is a map of the land to tn released and a description and survey of the bowxtaries of the land to be released by mMs and bounds or by lot and block nurnbu. Veri6cation I, Jay Lorry, President of North mas Coatractir% inc„ a8irm and verify that the statements and information contained in this petition are true to my knowledge and belief. North 1J+ Its: President Date: 1- Il- Bl Petition to Remove Pnpa8r &urn City of Denton Extn-Tbfri&>Hal Jurisdiction ! ! ! ! ! i i ! ! ! ! ! ! ! ! i ! ! i ! ! i I i ! ! !!:! !!i I i1i i :, f{ 01 i $i ! ! ! ! I 3 i:;; DOi !4;" ,t98LZI aHS aLLO N a !!!t; ! ! i i? +l€ qB g i: ii+ g b ! i £ ii ! ! g iB i g§ l g F g g 1F # g iigig; i B ) I -\ --h. F: C n+ = = = = =gZ+10 N Be giggs =g;; ! ! ! ! Br I :I: I j: ! ! ! ! ! i b ! i : SHUI b .esa, to g =r =1 i iii $ !i b g : ii ii g ii Ng g i*<!ggB:a Ifi B/ A g.Q( -1 i f: I Egq+ Lq 1 1– MZ g I ! ! !kEE ; B ; fg? LI i tH ggSHgg { ge X i;:g!:j;?§g§gg::;;! ! ! ! I II 29.635 ACRES TRACT I Being all that certain tract or parcel of land situation in C. Manchaca Survey, abstract Number 789, Denton, County, Texas, and being all of a tract of land described as Tract I in a deed to Blake Bunn and Margaret A. Bunn, recorded under Instrument 2004- 1114350, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a bolt found in the North Ro. O. W. line of Farm to Market Road 2449 and being the Southwest corner of herein described tract and being the Southeast corner of a tract of land described in a deed to Mark Hicks Investments, recorded in Instrument Number 2009-92594, Real Property Records, Denton County, Texas; THENCE NorthOI Degree 22 Minutes 99 Seconds East with the East line of said Hicks tract, and with the East line of a tract of land described as Tract 1 in a deed to Mark Hicks Investments, record in Instrument Number 104080, Real Property Records, Denton County, Texas 1 776.81 feet to a capped iron rod set stamped “KAZ”, beingthe Northwest corner of the herein described tract; THENCE South 88 Degrees 40 Minutes 08 Seconds East with the South line of a tract of land described as Tract 2 in a deed to Blake Bunn and Margaret A. Bunn, recorded in Instrument Number 2004-1 14350, Real Property Records, Denton County, Texas, 719.65 Feet to a capped iron rod set stamped “KAZ” in the West line of a tract of land described to a deed to JOhn Watler Wilcher, recorded in Instrument Number 2012-33172, Real Property Records, Denton County, Texas, and being the Northeast corner of the herein described tract; THENCE South 01 Degree 22 Minutes 00 Seconds West with said West line of said Wilcher tract, 1776.80 feet to a 5/8 inch rod found in the North R.O.W. line of Farm to Market Road 2449, and being the Southeast corner of the herein described tract; THENCE North 88 Degrees 40 Minutes 08 Seconds West with said North R.O.W. line, 730.15 feet to the PLACE OF BEGINNING containing 29.365 acres of land more or less. 29.365 ACRES - TRACT 2 Being aU that certain tract or parcel of land situation in the C. Manchaca SuIvey, Abstract Number 789, Denton County, Texas, and being all of Tract 2 described in a deed to Blake Bunn and Margaret A. Bunn, recorded in Instrument Number 2004-114350, Real Property Records, Denton County, Texas, and being more fully described by metes and bounds as follows: COMMENCING at a bolt found in the North R. O. W. line of Farm to Market Road 2449 and being the Southwest corner of a tract of land described as Tract I in a deed to Blake Bunn and Margaret A. Bunn, recorded in Instrument Number 2004-114350, Real Property Records, Denton County, Texas; THENCE North 01 Degree 22 Minutes 59 Seconds East with the East line of a tract of land described in a deed to Mark Hicks Investments, recorded in Instrument Number 2009- 92694, Real Property Records, Denton County, Texas, and with the East line of a tract of land described as Tract 1 in a deed to Mark Hick Investments, recorded in Instrument Number 104080, Real Property Records, Denton County, Texas, 1778.81 feet to the POINT OF BEGINNING; THENCE North 01 Degree 22 Minutes 29 Seconds East, 1778.73 feet to a capped iron rod set stamped “KAZ” in the South line of a tract of land described in a deed to William C. Casto and Sandy H. Casto, recorded in Volume 4489, Page 2034, Deed Records, Denton County, Texas, being the Northeast corner of said Hicks tract recorded in Instrument Number 10480, and being the Northwest corner of the herein described tract; THENCE South 88 Degrees 34 Minutes 34 Seconds East, 719.14 feet to a capped iron rod set stamped “KAZ” in the South line of a tract of land described in a deed to Wayne E. Wright, recorded in Instrument Number 2016-17049, Real Property Records, Denton County, Texas, being the Northwest corner of tract of land described in a deed to John Walter Wilcher, recorded in Instrument Number 2012-33172, Real Property Records, Denton County, Texas, and being the Northeast corner of the herein described tract; THENCE, South 01 Degree 22 Minutes 59 Seconds West with the West line of said Witcher tract 1777.47 feet to a capped iron rod set stamped “KAZ”, being the Southwest corner of the hererin described tract; THENCE North 88 Degrees 40 Minutes 08 Seconds West, 719.65 feet to the POINT OF BEGINNING containing 29.365 acres of land more or less.