HomeMy WebLinkAbout24-2634RESOLUTION NO. 24-2634
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING
TO THE ANNEXATION OF CERTAIN LAND INTO DENTON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 16; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 4th day of October, 2024, the City of Denton, Texas (the “City”) received a
Petition for Consent to Annexation of Land into Denton County Municipal Utility District No. 16 (the
“Petition”) executed by Billy and Jean Family Partners, Ltd., a Texas limited partnership (the “Petitioner”),
attached hereto as Exhibit “A”; and
WHEREAS, the Petition seeks to add that certain approximately 96.921-acre tract of land described
therein (the “Property”) to Denton County Municipal Utility District No. 16 (the “District”), the Property
being located wholly or partially within the extratemitorial jurisdiction of the City and not within the
extraterritorial jurisdiction or corporate limits of any other city, town or village; and
WHEREAS, Texas Water Code, Section 54.016, and Texas Local Government Code, Section
42.0425 provide that land within the corporate limits of a city may not be included in the District without the
written consent of such city; and
WHEREAS, the City Council of the City desires to adopt a Resolution for the purpose of consenting
to the inclusion of the Property in the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFDENTON,
TEXAS :
Section 1. That the facts set out in the preamble are true and correct and are incorporated herein
for all purposes.
Section 2. That the City Council hereby gives written consent, pursuant to Section 54.016, Texas
Water Code and Section 42.0425, Texas Local Government Code, to the annexation of the Property into the
District
Section 3. The City Council of the City officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall and on the official website of the City in the manner and for
the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551,Texas
Government Code, and that this meeting was open to the public as required by law at all times during which
this Resolution and the subject matter thereof was discussed, considered, andformally acted upon. The City
Council further ratifies, approves, and confirms such written noticeand the contents and posting thereof
Section 4. This Resolution shall take effect immediately from and after its passage, and it is,
accordingly, so resolved.
The motion to approve this resolution was made by Paul Meitzer and seconded by Brandon
Chase McGee, the resolution was passed and approved by the following vote [ 7 - 0 ]:
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:
Jill Jester, At Large Place 6:
Aye
X
X
X
X
X
X
X
Nay Abstain Absent
PASSED AND APPROVED this the 7th day of January, 2025.
'd.c4
ATTEST:
LAUREN THODEN, CITY SECRETARY b\\\tIll tIll/
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATtORNEY
Deputy City Attorney
EXHIBIT “A” (to Consent Resolution)
Petition for Consent
PETIFION FOR CONSENT TO ANNEXATION OF LAND
WTO DENTON COUNTY MUNicnAL UTILITY DISTRICT NO.16
THE STATE OF TEXAS $
giCOUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON.
TEXAS
The undersigned, Billy and Jean Family Partners, Ltd., a Texas limited partnership (the
“Petitioner”), being the owner of the property d®crR>ed in Exhibit "A” an mhed hereto (the
"Propqy-), nspntfully petitions the City of Denton, Texas (the "glaD for its consent to tIn
annexation of the Property into Denton County Municipal Utility District No. 16 (the “District”).
In support of this Petition, the Petitioner would show the following:
1.
The Property sought to be added to the Dktdct is dwcribed by the metes and bounds
descriptions in Exhibit "A" attached hereto and made a part hereof for all purposes.
11.
TIle Property Ha wholly withbr Denton County, Texas, and not within the boundaries of
any incorporated city or town. The Property lies wholly within the exclusive extraterdtorial
jurisdiction of the City.
iII.
The Petitioner is the holder of title to all of the Property as sIx>wn by the Denton County
Tax Rolls and conveyances of recoN.
IV.
The District was organized, crmted and ntablished by order of the Texas Commission on
Environmental Quality ('lCEQ), said order iwued August 11, 2021, and operates pursuant to
Chapters 49 and 54, Texas Water Code, as amended. The District is generally empowered arxl
authorbed to purchase, construct, acquire, own, operate, maintain, repair, improve, or utaH
inside and outside its tx)undaHw any and all works, hrprovennnts, facilities, plants, equipment,
and appliances necessary to accomplish the purposes of its creation.
V.
The general nature of the work to tn done by and within the Property at the prwaIt time is
the construction, maintenance and operation of a waterworks system for dome3th purposw; an
construction, maintenance and operation of a sanitary sewer collection system; the control,
488$OS62-504S.v2
abatement and anmrdment of the harmful excns of waters and the rnlamation and drainage cf
overflowed lands within the lands to be included within the District; and the construction of roads
and of such additional faciliti®, systems, plants and entapdns as shall be consistent with tIn
purposn for which the District is organized .
VI.
There is a nwa3ity for the iaprovemnts above dwcHbed because the Property is kx;atal
within an ar% that is experiencing substantial and stutairnd rnidential growth, is urban in nature
and is not supplied with adequate water, sanitary sewer, and drainage facilities and roads. TIle
health and welfare of the future inhabitants of the Property require the acquisition and installation
of an adequate waterworks, sanitary sewer, and storm drainage system and roads. The purchase,
construction, extension, improvenunt, nuintenance and operation of such waterworks system and
storm and sanitary sewer collection and disposal systems and roads will conserve and pnwrve tIn
natural rwounw of this State by promoting and pmtwting the purity and sanitary condition oftte
State’s waters and will promote and protect the public hmlth and welfare of the community;
therefore, a public nwwsity exists for the inclusion of the Property within the District.
Vll.
Said proposed improvements are practicable and fasDIo, in that the terrain of the Property
is of such a nature that a waterworks system and sanitary and storm sewer systems and roads can
be constIUcted at a mnnable cast; and said land will be developed for residential pwposes in tIn
forese able fbture.
VIII.
A pnBminary investigation has been instituted to detennine the cost of the project
attributable to the Property, and it is now esthrnted by those filing this Petition, from such
infonnation as they have at this time, that the ultimate cost of the developnnnt contemplated win
be approximately $26,000,000.
WHEREFORE, the undersigned respectfully plays that this Petition be granted in all
respects and that the City Council ofthc City of Denton, Texas, adopt a nsolution giving its wHttal
consent to the addition of the Property to the District.
[SIGNATURES ON THE FOLLOWING PAGES]
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]F1:b]E S P E IC p][]F1LJ L L\r S ILJ B ]V1[1r1FIED THIS @ day of qM _, 2024.
PETITIONER:
BILLY AND JEAN FAMILY PARTNERS. LTD..
a Texas limited partnership
By: Billy Tindle Farms, Inc.,
a Texas eorpor8tion,
its General Partner
TItle: President
Phone: (580) 32Cb83 18
Email: nancyks$ 1 @optlook.com
THE STATE OF OKLAHOMA
...„„ .. P„„Woe)
6
6
g
This instruamt was acknowkdged before an on the
2024, by Nancy Smith, as Prwident of Billy bndle Farms,
Partner of Billy and Jean Family Partners, Ltd., a Texas limited putncnhip, on behalf of the
entrtles herein descrRied
Wi Notary Public h and for the State of Oklahoma
4889q)S62-S(H5.v2
EXl[uBrr "A"
Property Description
Being a tract of land situated in the Sarah Whfny Survey, Abstract No. 1319, Denton County,
Texas, and being all of the remainder of a called 34.9125 acr® tract of land dncdbed in Deed to
Billy and Jean Family Partners, LTD as noonied in Vol. 4389, Pg. 2315, Real Property Records
Denton County, Texas and bing all the remainder of a tract of land dncrR>ed in Deed to Billy aId
Jun Family Partners, LTD. as ISCOlded in Vol. 4389, P& 2311, said Real Property Records, aId
being ann particularty d®cdbed herein as follows;
BEGINNING atalXDOTrightof-way concrete monument found in theNorth Rightof-Way line
of U,S. Highway 380 (a public nx)d) forthe Southeast corner of said 34.9125 acres remainder trad
conunon to the Southw®t comer of a called 71.556 acm tract of land (Tract Two) dnaibed h
Deed to Don Hickey as recorded in Vol. 628, Pg. 596, Deed Records, Denton County, Texas;
THENCE North 87 degrees 17 minutes 07 snonds West. with the South line of said 34.9125 acres
remainder tract common to the North line of said Highway 380, passing the Southw®t comer
therwf common to the Southeast corner of said Family Paltnas nrrninder tract (4389£23 Il ), aId
continuing along said course, with the South line thermf, a distance of 2781.11 feet to a "Mag"
nail set in George Owens Road (a public mod) for the Southwat comer of said Family Partners
remainder tract (4389/2311 );
THENCENorth OO degrees !0 minutes 56 seconds East, with the Wnt Ihe ofsaid Family Partners
renubrder trad (4389/231 1 ), along said George Owens Road,a distance of 1545.96 feet to a ’Mag"
nail set for the Northwest comer of said Family Partners nmahldu tract (4389£231 1) colmun to
the Southwnt comer of a called 47.452 act% tract of land dewrRwd in Deed to Terry Bagley and
Jerry Bagley as rwonled in Inst. No. 2018-29869, Official Records, Denton County, Texas;
THENCE North 87 degrees 58 minutes 01 seconds East, with the North line of said Family
Partners renninder tract (4389/2311) common to the South line of said 47.452 acres tract, passing
at a distance of 20.83 feet a steel fence comer post found for reference, and continuing along saM
course, passing the Northeast comer of said Family PaRnus mnaindu tract (4389/2311)eomrrnn
to the Northwest cadw of said 34.9125 acres remainder tract, and continuing along said course,
with theNorth line thbreof, a totaldistance of 2054.93 feet to a 112 inch upped iron rod stampal
(COLEMAN4001) found for the Northeast comer of said 34.9125 acrw nmaindu traCt comann
to the most Wwterly Northwat comer of a called 18.589 acres tract of land duma>ed in Deed to
Terry Bagley and Jerry Bagley as recorded in' last. No. 2024-28247, said Official Rwonls, from
which a 1/2 inch capped iron md found at the Southeast comm of mid 47.452 ames tract bears
North 87 degrees 58 minutes 03 seconds East, a distance of 225.13 feet;
THENCE South 00 degrees 03 nUman 48 seconds East, with an East line of said 34.9125 acres
remaind@ tract comrrnn to the West line of said 18.589 acrw tIact, a distanceof 545.62 feet to a
3 inch steel fence comer post found for and bReam comer of said 34.9125 acres naninder tract
common to the Southwest corner of said 18.589 acres tract;
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THENCE North 87 degrees 43 minuta 26 seconds East, with a North line of said 34.9125 acres
remainder tract oomrrnn to the South line of mid 18.589 acres tract, along and nw a fence, a
distance of 724.04 feet to a 5/8 RIch capped bon nd stamped 'VAUGHNS SURVEY CO."
(typical) set nmr a steel fence corner post in the Wat line of said 71.556 8crn tract for the most
Easterly Northnst comer of said 34.9125 acres remainder tract corrwnon to the Southeast corner
of said 18.589 acres tract, from whhh a concrete monument found at the Northwest corner of say
71.556 acres tract bears North 00 degrees 12 mhrutn 55 snonds East. a distance of 707.18 feet;
THENCE South 00 dqwes 12 mina a 55 seconds West, with the East line of said 34.9125 acres
remainder tract oonunon to the Wwt line of said 71.556 acIW tract, along and near a fence, a
distance of 1233.72 feet to the POINT OF BEGINNING and containing, within the metes arxl
bounds herein recited 96.921 acrw of land, mule or Ins.
4889DS62.5045.v2