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Home My WebLink About24-2178RESOLUTION NO. 24-2 178 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. 1 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 24.99-acre tract of land (the “Property”) to Sanctuary Municipal Utility District No. 1 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 extraterritorial 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. 2 of Denton County (“District 2” 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 Brian Beck and seconded by BrandonChase McGee, the resolution was passed and approved by the following vote [7 0] 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: ATTEST: LAUREN THODEN, CITY SECRETARY aM APPRO MACK By: EXHIBIT “A” Petition for Consent PETITION FOR CONSEFfF TO ANNEXATION OF LAND INFO SANCFUARY MUNICIPAL urILrFY DisTRicr NO. 1 OF DENrON COUIVFY THE STATE OF TEXAS COUNTY OF DEVrON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CRY OF DENTON, TEXAS: g Tlle undersigned, TCCI Sanctuary, LLC, a Texas limited liability company (the “Petitioner’X being the owner of the property dacribed in Exhibit "A- attached howto (the "PHI pHI"), nspectfully petitions the City of Dalton, Texas (the -gt!-) for its consent to the annexation of the Property into Sanctuary Municipal Utility District No. 1 oflknton Cotmty (the “District’). In support of this Petition, the Petitioner would show the following: 1. Tlle Property sought to be added to the District is dncHbed by the man and tx)unds ducriptions in Exhibit "A" attached hereto and made a part hermf for all purposes. 11. The PrDpeny lies wholly within Denton County, Texas, and not within the tx)undades of any incorporated city or town. Tbc Property lies wholly within the exclusive extraterritoHal jurisdiction of the City. 111. The Petitioner is the holder of title to all of the IBmpaly as shown by the lbnton County Tax Rolls arxl conveyanca of record. IV. The District was organized, created and established pursuant to an Order of the Texas Commission on Environmental Quality dated August 1 S, 2023 as a conservation and reclamation district created under and essential to ucomplish the purposes of Article III, Soction 52, and Article XVI, Section 59, Texas Constitution, and operating pwsuant to Chapters 49 and 54, Texas Water Code, as amended. V. Ure general nature of the work to be done by and within the Property at the pmwnt time is the construction, maintenanee and operation of a waterworks system for domestic purposes; the consauction, maintenance and oper8don of a sanitary sown collection system; tIn oonaol abatement and amendment of the harmful exc®s of waters and the rwlamation and drainage of 018+43.000001\4857.37797095. vI overflowed lands withih the lands to be included within the District; and the consuuction of roads and of such additionallfacilitiw, systems, plants and cnterprisa as shall be consistent with the purposes for which the District is organized. VI. There is a nece$sity for the improvements above dacribed because the Property is located within an area that is eiperiencing substantial and sustained residential growth, is urban in nature and is not supplied with adequate water, sanitary sewn, and drBinage facilitin and roads. TIre health and welfare of the fUture inhabitants of the Property nquin the acquisition and installation of an adequate watuwbrks, sanitary sewer, and storm drainage system and roads. The purchase, construction, extension+ improvement, maintenance and operation of such waterworks system and storm and sanitary ww& collection and disposal systems and roads will conserve and pruervc 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 aommunity; therefore, a public necessity exists for the inclusion of the Property within the District. VII. Said proposed improvements are practicable and fmsible, 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 cons&uctedat a redonable cost; ani laid land ;iII be developed forresichtial pulposes in th; foreseeable future. VIII. A preliminary : invatigation has been instituted to determine the cost of the project attributable to the Prr;perty, and it is now ndmated 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 $2,560,000. 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 Pmpeny to the Disaict [SIGNATURES ON THE FOLLOWING PAGES] 01 &443.00000IU857.3779.7095.vI 2 RESPECTFULLY SUBMITTED TIllS /:?day of &pm7ax 2024. PETITIONER: TCCI SANCTUARY, LLC. a Texas limited liability company By: TCCI Development Group, Inc., a Texas corporation, its Manager Name: Tornmy Cansler Title: President THE STATE OF TEXAS COUNTY OF {PALLAS ! ! $ This instrument was acknowledged before me on the 2024. by Tommy Cansler, President of TCCI Development Manager of TCCI Sanctuary, LLC, a Texas limited liability company, on behalf oF said limited liability company. ast:q (NOTARY SEAI,) t 018+43.Cit)0001 \4857.3779.7095. vI Legal Description of the Property EXHIBIT "A" EX)+BIT 'h: DEbT c.Hms :3 :$ ACRE 6:>!JR:,UN C£SCRPPC!: My 3Q,2QEq3 Sheet 3 af 3 Be hg :: $$ 8reg &btof the S \N++v1 Lse , £Ut3a Ne I) iS. be 'I a 3?n 3-4 on of a ca ed : 7: 6+ xu t'za ofiaN' de gaiaa jq Cee!! as Tqa THe 13 Oi--it joe I;den we Co.an tr 3+owl- 'ego+B - }-n++,ent No :Olgb3 ig} atfc 31 Re€ofe: th-te Can:y. 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