HomeMy WebLinkAbout24-2356RESOLUTION NO. 24-2356
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 ANEFFECTIVEDATE.
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 H-XI 380 Family Limited Partnership, LP, a Texas limited partnership (the
“Petitioner”), attached hereto as Exhibit “A”; and
WHEREAS, the Petition seeks to add those certain tracts of land containing approximately
356.425 acres 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 extratenitorial jurisdiction of
the City and not within the extratemitorial 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 OF
DENTON, 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, and
formally 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 Meltzer and seconded by Brandon
Chase McGee, the resolution was passed and approved by the following vote
[7 0]
Nay
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
Abstain Absent
PASSED AND APPROVED this the 7th day of January, 2025.
gPETH. MAYORHE
ATTEST:
LAUREN THODEN, CITY SECRETARY t\\\\\tIjl III/
.„:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Scott Bra\
Deputy City Attorney
EXHIBIT “A” (to Consent Resolution)
Petition for Consent
PETITION FOR CONSENT TO ANNEXATION OF LAND
INTO DEMON COUNTY MUNICIPAL UTILITY DISTRlcr NO. 16
THE STATE OF TEXAS g
§
gCOUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON,
TEXAS
nIe undersigned, H-XI 380 Family Limited Partnership, LP, a Texas limited partnership,
(the “Petitioner“), king the owner of the property descrilnd in Exhibit " A’' attached hereto (the
'Property"), respectfully petitions the City of Denton, Texas (the "Gill") for its consent to the
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 District is described by the meta and bounds
descriptions in Exhibit "A" attached hereto and made a pan hereof for all purposes.
11.
TIle Property lies wholly within Denton County, Texas, and not within the boundaries of
any incorporated city or town. The Property lies wholly within the exclusive exUaterHtorial
jurisdiction of the City.
111.
The Petitioner is the holder of title to all of the Property as shown by the Denton County
Tax Rolls and conveyances of record.
IV.
The District was organized, created and established by order of the Texas Commission on
Environmental Quality (“TCEQ”), said order issued August 11, 2021, and operates pursuant to
Chapters 49 and 54, Texas Water Cale, as amended. The District is generally empowered and
authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend
inside and outside its boundaries any and all works, improvements, facilities, plants, equipment,
and appliances necessary to accomplish ttn purposes of its creation.
V.
The general nature of the work to be done by and within the Property at the present time is
the construction, maintenance and operation of a waterworks system for domestic purposes; the
construction, maintenance and operation of a sanitary sewer collection system; the control,
4856.9516.3839.v2
abatement and amendment of the harmful excess of waters and the reclamation and drainage of
overflowed lands within the lands to be included within the District; and the construction of roads
and of such additional facilities, systems, plants and enterprises as shall be consistent with the
purposes for which the District is organized.
VI.
TIlen is a necusity for the improvements atnve described because the Property is located
within an area that is experiencing substantial and sustained residential growth, is urban in nature
and is not supplied with adequate water, sanitary sewer, and drainage facilities and roads. The
health and welfare of the future inhabitants of the Property nquin the acquisition and installation
of an adequate waterworks, sanitary sewer, and storm drainage system and roads. The purchase,
construction, extension, improvement, maintenance and operation of such waterworks system and
storm and sanitary sewer collection and disposal systems and roads will conserve and preserve the
natural resources of this State by promoting and protecting the purity and sanitary condition of the
State’s waters and will promote and protect the public health and welfare of the community;
therefore, a public necessity exists for the inclusion of the Property within the District.
VII.
Said proposed improvements are practicable and feasible, 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 constructed at a reasonable cost; and said land will be developed for residential purposes in the
foreseeable future.
Vlll.
A preliminary investigation has been instituted to determine the cost of the project
attributable to the Property, and it is now estimated by those filing this Petition, from such
information as they have at this time, that the ultimate cost of the development contemplated will
be approximately $95,000,000.
WHEREFORE, the undersigned respectfully pray that this Petition be granted in all
respects and that the City Council of the City of Denton, Texas, adopt a resolution giving its written
consent to the addition of the Property to the District.
[SIGNATURES ON THE FOLLOWING PAGES]
4856.95 16.3839.v2
RESPECTI''ULLY SUBM11'TI':D THIS W d,y .rW=, 2024.
PETITIONER:
FI-XI 380 FAMll.Y I.IMl’FED PAR-l'NERSl111), 1.P
a Texas limited partnership
By:I l-XI 380 Management. 1.1.C,
a 1-exas limited liability company.
its (lcnenrl Partner
Name: mm
l-itlc: Manager
rI III S'l-A' I-II OI'' -l-EXAS $
COUNTY OF fr//AdaM $
.. . . . . .. _ ,. /RZ£
2024, by Scott W. Hickey. as Manager of II-XI 380 Management. 1,1.C,
company, General Partner oF li-XI 380 Family I.imitcd Partnership.
partnership. on behalf of said lilnited
$
LP, a 1’exas limited
1856.95 16.3839.\ 2
Property Description
EXHIBIT "A"
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