HomeMy WebLinkAbout25-217 INCOMPLETEORDINANCE NO. 25-217
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO OPERATING AGREEMENT WITH “COLE RANCH
IMPROVEMENT DISTRICT NO. 1 OF DENTON COUNTY, TEXAS”, RELATIVE TO
FUNDING, OWNERSHIP, MAINTENANCE, AND REPAIR OF PUBLIC
IMPROVEMENTS SERVING PROPERTY LOCATED WITHIN THE “COLE RANCH
IMPROVEMENT DISTRICT NO. 1 OF DENTON COUNTY, TEXAS” AND OTHER
RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, all terms with initial capital letters that are not defined in the text of this
Ordinance shall have the meanings given to them in the Operating Agreement attached as
Exhibit “A“ to this Ordinance and incorporated herein for all purposes; and
WHEREAS, pursuant to Section 59, Article XVI, Texas Constitution, Cole Ranch
Improvement District No. 1 of Denton County, Texas (the “District”) has been created during
the 86th Regular Session of the Texas Legislature through the passage of H.B. 4693 and codified
under Chapter 3981, Special District Local Laws Code (the “District Act”), to include land
within the City of Denton, Texas (the “City”), as a special district for the benefit of the public
and for public purposes, including the acquisition, construction, improvement, financing,
operation, and maintenance of water, wastewater, drainage, road, landscaping, park and
recreational facilities; and
WHEREAS, in satisfaction of the requirements of Section 3981.0109(a)(1) of the
District Act, the City has adopted Resolution No. 20-762, dated April 7, 2020 (the “Consent
Resolution”), consenting to the creation of the District and to the inclusion of the land described
therein; and
WHEREAS, in satisfaction of the requirements of Section 3981.0109(a)(2) of the
District Act, the City and the District have entered into that “Operating Agreement”, dated as
of April 7, 2020 (the “Operating Agreement”); and
WHEREAS, the City and owners of the property within the District desire to amend the
Operating Agreement; and
WHEREAS, in order to satisfy the requirements of Section 3981.0109(a)(2) of the
District Act, the City and the Owner desire to enter into the First Amendment to Cole Ranch
Project Agreement (“First Amendment”) attached as Exhibit “A”; and
WHEREAS, the City intends for the First Amendment to establish the rights and
obligations of the City and the District with respect to the ownership and maintenance of certain
Improvement Projects and Park Improvements and other public improvements; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor is hereby authorized to execute the First Amendment attached
hereto as Exhibit “A“ with Cole Ranch Improvement District No. 1 of Denton County, Texas
relative to funding, construction, ownership, maintenance, and repair of public improvements
serving property located within the District Area and other related matters.
SECTION 2. A substantial copy of the First Amendment is attached hereto as Exhibit
“A” and incorporated herein for all purposes. Minor adjustments to the attached First
Amendment 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 3. The City Manager, or designee, is further authorized to carry out all
duties and obligations to be performed by the City under the First Amendment, unless
otherwise reserved in the First Amendment for Council approval.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made Jill Jester and seconded by, Brandon Chase
McGee. The ordinance was passed and approved by the following vote [ 7 - 0 ] :
Nay Abstain Absent
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
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PASSED AND APPROVED this the 1 8th _day of Feb,2025.
GERARD HUDSPETH, MAYOR
ATTEST
#heh,m
APPROVED AS TO LEGAL FORM:
Mack Teihwahd
MACK REINWAND, CITY ATTORNEY
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