HomeMy WebLinkAbout24-2566 INCOMPLETEORDINANCE NO. 24-2566
AN ORDINANCE OF THE CITY OF DENTON, TEXAS (“CITY”) AUTHORIZING THE
EXECUTION OF A RETAIL WASTEWATER TREATMENT SERVICES AGREEMENT
WITH TCCI WEBSTER FARMS LLC (“OWNER”) AND PONDER FARMS MUNICIPAL
UTILITY DISTRICT OF DENTON COUNTY (“DISTRICT”) CONCERNING RETAIL
WASTEWATER SERVICE BY THE CITY TO FUTURE CUSTOMERS WITHIN
APPROXIMATELY 102.177 ACRES OF LAND KNOWN AS WEBSTER MEADOWS AND
GENERALLY LOCATED SOUTH OF SEABORN ROAD, WEST OF FLORANCE ROAD,
AND NORTH OF BLAIR ROAD (“PROPERTY”), OWNERSHIP OF WASTEWATER
FLOWS, AND OTHER RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Property encompasses approximately 102.177 acres of land and is more
particularly described and shown in Exhibit “A“ of the Retail Wastewater Treatment Services
Agreement; and
WHEREAS, the Owner proposes to develop the Property with 396 residential lots; and
WHEREAS, Owner expects that full development of the Property will require service to a
maximum of 550 equivalent single-family connections; and
WHEREAS, Denton is a retail public utility that possesses certificated service areas for
Water and Wastewater services under CCN Nos. 10195 and 20072, respectively; and
WHEREAS, the Owner, the District and the City have entered into that certain Utility
Service Agreement (Ordinance 24-2340), dated November 19, 2024, regarding, in part, the City’s
provision of retail water and retail wastewater service to the Property and the Owner’s sale of its
Groundwater rights; and
WHEREAS, the Utility Service Agreement contemplates entering into this Retail
Wastewater Treatment Services Agreement for the City’s provision of retail wastewater service to
customers within the Property; and
WHEREAS, Owner and District desire the City to provide retail wastewater service
pursuant to the terms of the Utility Service Agreement and the Retail Wastewater Treatment
Services Agreement; and
WHEREAS, water and wastewater infrastructure necessary to serve customers within the
Property will be dedicated to the City pursuant to the terms of the Utility Service Agreement and
the Retail Wastewater Treatment Services Agreement; and
WHEREAS, portions of the water and wastewater infrastructure may be oversized to serve
future growth pursuant to a separate Oversize Participation Agreement; and
WHEREAS, Owner and District want the City to possess title and ownership of all
wastewater flows originating from the Property and discharged into Denton’s System; and
WHEREAS, the City has determined that full development of the Property as provided
herein will promote local economic development within the City and will stimulate business and
commercial activity within the City, which will drive infrastructure investment and job creation,
and have a multiplier effect that increases both the City's tax base and utility revenues;
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
true and correct and incorporated herein by reference.
SECTION 2. The City Manager or their designee is hereby authorized to execute the Retail
Wastewater Treatment Services Agreement attached hereto as Exhibit “A“ and incorporated herein
for all purposes with TCCI Webster Farms LLC and Ponder Farms Municipal Utility District of
Denton County concerning retail wastewater service, ownership of wastewater flows, and other
related matters.
SECTION 3. Minor adjustments to the attached Retail Wastewater Treatment Services
Agreement by the City Manager or their designee 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 4. The City Manager, or their designee, is authorized to carry out all duties and
obligations to be performed by the City under the Retail Wastewater Treatment Services
Agreement, unless otherwise reserved in the Retail Wastewater Treatment Services Agreement for
City Council approval.
SECTION 5. This Ordinance shall take effect immediately on its passage and approval.
The motion to approve this ordinance was made by Brian Beck and seconded by Brandon
Chase McGee, the ordinance was passed and approved by the following vote [ 7 - 0 ]:
Aye
X
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :X
X
X
X
X
X
Brian Beck, District 2:
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 7th day of January, 2025.
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GE]HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
„..
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APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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