HomeMy WebLinkAbout24-988ORDINANCE NO. 24-988
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO HUNTER RANCH PROJECT AGREEMENT RELATIVE TO
FUNDING, OWNERSHIP, MAINTENANCE, AND REPAIR OF PUBLIC IMPROVEMENTS
SERVING PROPERTY LOCATED WITHIN THE “HUNTER RANCH IMPROVEMENT
DISTRICT NO. 1 OF DENTON COUNTY, TEXAS” AND OTHER RELATED MATTERS;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, all terms with initial capital letters that are not defined in the text of this
Ordinance shall have the meanings given to them in the Project Agreement attached as Exhibit
“A“ to this Ordinance and incorporated herein for all purposes; and
WHEREAS, pursuant to Section 59, Article XVI, Texas Constitution, Hunter Ranch
Improvement District No. 1 of Denton County, Texas (the “District”) has been created during the
86th Regular Session of the Texas Legislature through the passage of H.B. 4683 and codified under
Chapter 3980, Special District Local Laws Code (the “District Act”), to include land within the
City of Denton, Texas (the “City”), as a special district for the benefit of the public and for public
purposes, including the acquisition, construction, improvement, financing, operation, and
maintenance of water, wastewater, drainage, road, landscaping, park and recreational facilities;
and
WHEREAS, in satisfaction of the requirements of Section 3981.0109(a)(1) of the District
Act, the City adopted Resolution No. 20-762, dated April 7, 2020 (the “Consent Resolution”),
consenting to the creation of the District and to the inclusion of the land described therein; and
WHEREAS, in satisfaction of the requirements of Section 3980.0109(a)(3) of the District
Act, the City and Owner entered into the Project Agreement dated April 7, 2020 (the “Project
Agreement”); and
WHEREAS, the City and owners of the property within the District desire to amend the
Project Agreement; and
WHEREAS, the conservation easement in the form required by Section 9.2 of the Project
Agreement was recorded in the real property records of Denton County, Texas, within 180 calendar
days from the date of passage of the Consent Resolution; and
WHEREAS, in order to satisfy the requirements of Section 3980.0109(a)(3) of the District
Act, the City and the Owner desire to enter into the First Amendment to Hunter Ranch Project
Agreement (“First Amendment”) attached as Exhibit “A”; and
WHEREAS, the City intends for the attached First Amendment to establish the rights and
obligations of the City and the Owner with respect to the financing, ownership and maintenance
of certain Improvement Projects and Park Improvements and other public improvements; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or her designee is hereby authorized to execute the First
Amendment attached hereto as Exhibit “A“ relative to funding, construction, ownership,
maintenance, and repair of public improvements serving property located within the Hunter Ranch
Improvement District No. 1 of Denton County, Texas and other related matters.
SECTION 2. A substantial copy of the First Amendment is attached hereto as Exhibit “A“
and incorporated herein for all purposes. Minor adjustments to the attached First Amendment are
authorized, such as filling in blanks and minor clarifications or corrections, and any modifications
made by City Council in the approval of this ordinance.
SECTION 3. The City Manager, or her designee, is further authorized to carry out all
duties and obligations to be performed by the City under the First Amendment, unless otherwise
reserved in the First Amendment for Council approval.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
J.,ThQ.mot(on to approve this ordinance was made by Cb, is biG H r and seconded
. The ordinance was passed and approved by thg vote K- O
Aye
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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
7
PASSED AND APPROVED this the I \" day of n+, 2024.
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ATTEST:
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY