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HomeMy WebLinkAbout24-2179RESOLUTION NO. 24-2 179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE ADDITION OF CERTAIN LAND INTO SANCTUARY MUNICIPAL UTILITY DISTRICT NO. 2 OF DENTON COUNTY. WHEREAS, on the 4th day of October 2024, TCCI SANCTUARY, LLC, a Texas limited liability company (the “Petitioner”), submitted a petition to the City of Denton (the “City”) requesting that the City consent to the addition of an approximately 185.88-acre tract of land (the “Property”) to Sanctuary Municipal Utility District No. 2 of Denton County (the “District“) in the form attached hereto as Exhibit A (the “Petition”); and WHEREAS, the District and the Property are located in the extratenitorial jurisdiction of the City; and WHEREAS, Texas Local Government Code, Section 42.0425, provides that land within the extratenitorial jurisdiction of a city, town or village may not be added to the District without the written consent of such city, town or village; and WHEREAS, the City Council of the City desires to give its consent to the addition of the Property to 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, subject to the condition reflected in Section 3 of this Resolution, the City Council of the City hereby gives written consent, pursuant to Section 42.0425, Texas Local Government Code, to the addition of the Property to the District as described in the Petition. Section 3. That the City’s consent provided herein is conditioned upon the execution of a development agreement between the City, the Petitioner, the District and Sanctuary Municipal Utility District No. 1 of Denton County (“District 1” and, collectively with the District, the “Districts”) regarding the development of the property within the Districts pursuant to Texas Local Gov’t Code Ch. 212, in a form approved by the City Manager and the City Attorney. Section 4. That 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 notice and the contents and posting thereof. Section 5. That this Resolution take effect immediately from and after its passage and is accordingly so resolved. The motion to approve this resolution was made by seconded by Joe Holland, the resolution was passed approved by the following vote [ 7 - 0 ]: Jill Jester and and Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X X 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: PASSED AND APPROVED this the 4th day of February, 2025 . RFnTMRRrF6R ATTEST: LAUREN THODEN, CITY SECRETARY \\\\1111111/ #fMWW ,by'Ilk APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bra\ DejluI\ C'llv Attorney EXHIBIT “A” Petition for Consent PETrrlON FOR coNSEivr TO ANNEXATION OF LAND INTO SANCIUARY MUNICIPAL UTILITY DisrRicr NO. 2 OF DENTON COUNTY THE STATE OF TEXAS couNrY OF DENrON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENrON, TEXAS: 9 TIle undasiwd, TCCI Sanctuary, LLC, a Texas limited liability company (the “PetjtiQnef), being the owner of the property described in Exhibit - A- attached hereto (the "Property"), nspectfully petitions the City of Denton, Texas (the -CitE") for its consent to the annotation of the Property into Smctuary Municipal Utility District No. 2 of Denton County (the “District”). In support of this Petition, the Petitioner would show the following: 1. Tbc Property sought to tn added to the District is dwcdbed by the meta and bounds descriptions in Exhibit "A” attached hereto and made a part hIm for all purposa. 11. The Property lin wholly within Denton County, Texas, ala not within the boundaries of any inoorporated city or town. The Property lies wholly within the exclusive ex&aterdtoHal 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 pursuant to an Order of the Texas Commission on Environmental Quality dated August 15, 2023 as a conwr%tion and reclamation district created under and esmrtial to wcomplish the pwlx>us of Article III, Section 52, and Article XVI, Section 59, Texas Constitution, and operating pursuant to Chapters 49 and 54, Texas Water Code, as amended. 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 consuucdon, maintenance and operation of a sanitary sewer collection system; the control, abatement and amendment of the harmful excess of waters and the rwlamation and drainage of 4885.9765.5015. vI 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 consistaH with the purposes for which th+ District is organized. Vl. There is a nec&sity for the improvements above dacribed because the Property is located within an area that is eXperiencing substantial and sustained residential growth, is urban in nature and is not supplied w&h adequate water, sanitary sewer, and drainage facilities and roads. The health and welfare of the future inhabitants of the Property require the acquisition and installation of an adequate waterwbrks, sanitary sewer, and storm drainage system and roads. The purchase, construction, extension, improvemenl maintenance and operation of such waterworks system and storm and sanitary sewbr collection and disposal systems and roads will conserve and preserve the natural resources ofthib State by promoting and protecting the purity and sanitary condition of the State’s waters and will promote and protwt the public health and welfare of the community; therefore, a public necdssity exists for the inclusion of the Property within the District. VII. Said proposed ibprovements are practicable and feasible, in that the terrain of the Property is of such a nature tbd a waterworks system and mnibry and storm sewer. systems and mags canbe constructed at a nadonable cost; and said land will be developed for residential purposes in the foreseeable future. VIII. A preliminary : investigation has been instituted to determine the cost of the project attributable to the Prdperty, and it is now estimated by those filing this Petition, &on such information as they have at this time, that the ultimate cost of the development contemplated will be approximately $ 17,000,000. WHEREFORE, the undersigned respectfully prays that this Petition be granted in all respects and that the City Council ofthe 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] 4885.9765.501 S.vI RESPECTFULLY SUBMITTED THIS a/3day of #:r%v#=e- . 2024. PETITIONER: TCCI SANCTUARY, LLC, a Texas limited liability company By: ’fCCI Development Group. Inc.. a Texas corporation, its Manager By, //rK-- Name: Tommy Cansler Title: President I’HE S’rATE OF TEXAS $ g §COUNTY OF t2AkIAS This instrument was acknowledged before me on the 2024, by Tommy Cansler, President of TCCI Development Manager of 'FCCI Sanctuary, LLC, a Texas limited liability company, on behalf of said linritcd liability company. of (irc)un. Inc.. a (NO’l'ARY Sl Notary Public in and for thI le of Texas DANIEL FJEZA Notary Public. State of Texas Comm. Expires 02•08•2025 Not8ry ID 132916585 .1885'9765-5tJ IS. v I EXHIBIT nAH Legal Description of the PropeR) !'XH;El- 'S' ='£NW : +4 CC JHTr, T:XA3 ItS f : ACe: HJN3XqY DESCRIPTION Ju$ 31. :924 Shea 3 ef 3 BOr5U Stjg:n:Ht Bette : /arePr S&fuel. 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