HomeMy WebLinkAbout24-2206ORDINANCE NO. 24-2206
AN ORDINANCE AMENDING ORDINANCE NO. 20-2072 PROVIDING FOR
ACCEPTANCE OF ADDITIONAL ELIGIBLE NON-ANNEXATiON AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXIST[NG CITY
LIMITS OF THE CiTY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-2 OF
APPROXiMATELY 258 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY
DRIVE, WEST AND EAST SIDES OF THOMAS J. EGAN ROAD, NORTH OF JIM
CHRISTAL ROAD. AND WEST OF MASCH BRANCH ROAD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (24-2206, Love)
WHEREAS, Ordinance No. 20-2072 was adopted by City Council on October 20, 2020,
which ordinance accepted twenty (20) year extensions for eligible non-annexation agreements
for agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified
as DH-2; and
WHEREAS, since the adoption of Ordinance No. 20-2072, Annette Sue Love, an owner
of 7.535 acres of land within the DH-2, is still eligible for a non-annexation agreement with the
City; and
WHEREAS, Annette Sue Love has executed the non-annexation agreement attached hereto
and incorporated herein as Exhibit “A;” and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such a non-annexation agreement with the eligible property
owners; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council hereby approves and accepts the attached properly
executed non-annexation agreement(s), which is labeled as Exhibit “A“.
SECTION 3. The City Council additionally amends Ordinance No. 20-2072 to include
said non-annexation agreement(s) in Exhibit “C”.
SECTION 4. The City Manager is authorized and directed, as a ministerial act, to sign
the non-annexation agreement attached as Exhibit “A”, for and on behalf of the City of Denton.
The City Manager shall further arrange forthwith for the recordation of the non-annexation
agreement in the real property records of Denton County, Texas. The effective date of the non-
annexation agreement shall be the effective date of this Ordinance.
SECTION 5. All other provisions of Ordinance No. 20-2072 not specifically amended
herein shali continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 20-2072, to the extent of any such
conflict
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck,
the ordinance was passed and approved by the following vote [4 - 3]:
Aye
X
X
Nay
X
Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2 :
Paul Meltzer. District 3 :X
Joe Holland. District 4:X
XBrandon McGee, At Large Place 5 :
Jill Jester, At Large Place 6:X
PASSED AND APPROVED this the 19th day of November, 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY, Lb
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 2
Development Services
401 N. Elm St., Denton, TX 76201 • (940) 349-8600
DE]VFON
April 23, 2024
LOVE, ANNETTE SUE
8140 COUNTY ROAD 321
DENTON, TX 76266
RE: Outstanding Non-Annexation Agreement ('NAA”)
Dear Annette Sue Love:
You are receiving this letter because our records show that you have not yet submitted a signed Non-Annexation
Agreement (“NAA”) to the City. As you may know, the NAA is an agreement between you and the City that so long as
your property is used for farming and ranch related uses or single-family residential use, the City will not pursue its right
to annex your property. Although your property is eligible for a NAA, if we do not receive a signed NAA from you
the City may opt to begin the annexation process+
The City has the authority to enter into these types of agreements under Texas Local Government Code Sec. 43.016 and
212.172(d) to enter into NAAs. In 2020 and 202 1, the City Council authorized staff to offer extensions of NAAs to August
2040. Our records show your property has not accepted the offered extension. While you are not required to enter into
this updated agreement, the City may opt to begin the annexation because of the expiration of the previous agreement on
your property. If this were to happen, the City would not be required to have property owner consent and would be
considered a voluntary annexation Section 5(B) in the expired NAA for your property.
If you accept the NAA as drafted, please sign in the presence of a notary and return to the City of Denton by Friday, June
21, 2024 along with the attached checklist. It is important to note that each property owner listed on the NAA must sign
the Agreement and all the pages of the Agreement must be returned to the City. If a property owner(s) is not able to sign,
please provide an explanation on the following page.
You can mail the signed NAA to the following address:
City of Denton
Atm: Charlie Rosendahl
401 N. Elm St
Denton, TX 76201
You can also submit the signed NAA in person at Development Services (401 N. Elm Street). If you have any questions
about the new NAA, please feel free to call me at (940) 349-8452 or send me an email at
Charlie.Rosendahl@cit)'ofdenton.com. Please understand City staff cannot provide legal advice to you, and you may
wish to consult your own attorney. Thank you for your attention to this matter.
Sincerely,
Charlie Rosendahl
Business Services Manager
OUR CORE VALUES
Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
Non-Annexation Agreement Checklist
(Please return this page with the signed NAA)
1. Each property owner listed on the NAA has signed the Agreement
2. Each property owner’s signature was signed in the presence of a notary
3 . If a property owner is not able to sign, please provide an explanation below why the property
owner is not able to:
4.
5.
All pages of the NAA are returned to the City of Denton
To be able to contact you in case there is missing information, please provide your contact
information below:
b h\ MAk bva
b. Phone Number: q#6 BbC> So bt
'. Em'iI,
If you are submitting your signed NAA in person at Development ServiJes, please call (940) 349-
8600 to make an appointment.
If you need someone to notarize your signature in the NAA, please call (940) 349-8600 to make an
appoIntment.
If you are notarizing your signature, please make sure to bring an approved photo identification to
the appointment.
a. Name:
6.
7.
8.
If you have any questions about this NAA, please feel free to call me at (940) 349-8452 or send me an
email at Charlie.Rosendahl@cityofdenton.com.
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2024 NON-ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the “City”) and LOVE, ANNETTE SUE (“Owners”), the property owners of
the hereinafter described property (the “Property”) in Denton County, Texas:
Being 25.447 acres of land, more or less, situated in the S. Huizar Survey, Abstract No. 514 and
the G. Barb Survey, Abstract No. 208, described in that Deed of Gift dated December 22, 1994,
from James W. Wetzel and Freda J. Wetzel to Lisa K. Fergason and James Fergason, filed for
record on December 27, 1994 and recorded in Instrument Number 94-R0093960 of the Real
Property Records of Denton County, Texas;
SAVE AND EXCEPT that portion of the 25.447 acre tract lying within the existing city limits,
commonly known as DCAD Property ID 75052;
And further SAVE AND EXCEPT that portion of the 25.447 acre tract of land previously
conveyed to the State of Texas for Highway 380 right of way;
Leaving 7.535 acres, more or less, commonly known as DCAD Property ID 60782 and DCAD
Property ID 36633 .
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 2 12. 172 of the
Tex. Loc. Gov’t Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement (“NAA”), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of the City’s
annexation in 2010, as well as extensions of said NAA in lieu of the City’s annexation in 2015 and
2016 (collectively, “Extended NAAs”), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov’t Code for
purposes of retaining land in the municipality’s extraterritorial jurisdiction (ETJ) in exchange for
the property owner’s covenant not to develop the property and to authorize the municipality to
apply regulations and development authority not inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property currently
is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E; and
WHEREAS, based upon Owners’ representations and City’s investigation, it appears that
the Property still meets the eligibility criteria of Sec. 43.016 of Tex. Loc. Gov’t Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners expired on
August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City’s ETJ for the term
of this 2024 non-annexation agreement (hereinafter, the “2024 NAA” or “Agreement”), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2024 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, upon expiration of the 2024 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritoial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties
shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-
family detached farm or ranch dwellings, provided that no single-family dwelling may be located
or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this
Agreement. The property owner may apply to the City for division of the land subject to this
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Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in
this section without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property (the “Development Plan”) in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, provided
that the application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
( 1) Zoning standards contained in the Denton Development Code, as amended pursuant to
the Denton Plan 2040, as amended, including but not limited to the Residential Rural
(RR) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as amended, and more
particularly set forth as follows:
a.
b.
C.
d.
e.
f.
g.
h.
1.
J.
k.
1.
International Building Code, 2021 Edition with local amendments;
Intemational Residential Code, 202 1 Edition with Appendix G and local
amendments;
The International Fire Code, 2021 Edition with local amendments;
International Plumbing Code, 2021 Edition with local amendments;
International Fuel Gas Code, 2021 Edition with local amendments;
International Mechanical Code, 2021 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2021 Edition with regional
amendments:
National Electric Code, 2020 Edition with local amendments;
National Electric Safety Code, 2021 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-
141 – 196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as
amended:
3
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 7 and 8 of the Denton Development Code, as amended, the
Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by
the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas
Utilities Code, as amended, and applicable administrative standards of the Texas
Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater Criteria Manual, as amended,
and as supplemented by requirements of the Texas Water Code, as amended, Texas
Natural Resources Code, as amended, applicable administrative standards of the Texas
Commission on Environmental Quality, as amended, and applicable administrative
standards of the Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained within Subchapters
2 and 6 of the Denton Development Code, as amended and as applicable, and as
supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of the
Texas Railroad Commission and Texas Commission on Environmental Quality, as
amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 25 1 of the
Tex. Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov’t Code, local or state law, or by common law, from the submittal
of such inconsistent development application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180-day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan
(A) if an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
4
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN iN
ADDITION TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH
C-3 OF CH. 43 OF THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE.
OWNER HEREBY AGREES TO THE CITY’S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHEBIT “A” BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2024 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV’T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any person who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of
this Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City’s ability to annex the properties covered
herein pursuant to the terms of this Agreement.
5
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 (“Term”). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners’ heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner’s heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov’t Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY RAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP nvTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY’S RELIANCE ON THIS AGREEMENT.
=„„„.'„;f „„.'–h+J 20 t\
THE CITY OF DENTON, TEXAS
C:1%
Assistant City Manager
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CLARICE MARIE HOUSD£N
My Nobry ID # 132065325
Wes June 25, 2027
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
After recording return to:
City of Denton
AHn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
L MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, “providing services”
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
1.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations
weapons; and
Coordination with other public safety support agencies.
and special
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B..Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1.
2.
3.
4.
5.
6
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
A- 1