HomeMy WebLinkAbout24-2211ORD[NANCE NO. 24-2211
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE 2}2.172 NON-
ANNEXATION AGREEMENT(S) FOR PROPERTIES THAT DO NOT HAVE AN
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND AD VALOREM TAX
EXEMPTION WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED
AS PAA-3, AN AREA OF APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH
SIDE OF GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM
1173, WEST OF 1-35; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE. (24-2211 )
WHEREAS, pursuant to Section 43.06 1, Subchapter C-1, Local Government Code, a home
rule city is authorized to annex certain areas that are not required to be in an annexation plan, and
the City desires to pursue annexation of property within PAA-3, as hereinafter described; and
WHEREAS, pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, the City had previously
given notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for
property located in PAA-3, which was and is subject to the provisions of Sec. 43.016 of Tex. Loc.
Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligib ie property owners
within PAA-3 non-annexation development agreements, as then contemplated by former Section
43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said agreements in lieu of the City’s
annexation in 2015 and 2016; and
WHEREAS, under a non-annexation development agreement between an eligible property
owner and the City, the land subject to the agreement retains its extratenitorial status and the
owners of such land must abide by the City’s development regulations as if such land were within
the City limits, as provided further in such agreement; and
WHEREAS, the City Council has offered to extend the term of the non-annexation
development agreement for an additional twenty (20) years to ali eligible property owners within
PAA-3; and
WHEREAS, the Denton County Appraisal District records show that some properties that
formerly entered non-annexation development agreements with the City are not currently
appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus not eligible
to receive a Ch. 43 non-annexation development agreement; and
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber
land ad valorem tax exemption, the City desires to allow the properties that formerly had a non-
annexation development agreement with the City to remain in the City’s extraterritorial
jurisdiction in accordance to the similar terms and conditions that are contained in a Ch. 43 non-
annexation development agreement; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement for purposes of retaining land in the extraterritorial
jurisdiction in exchange for the property owner’s covenant not to develop the property and to
authorize the municipality to apply its regulations and development authority not inconsistent
with agricultural use; and
WHEREAS, for all intents and purposes, 212.172 non-annexation development
agreements are very similar to a Ch. 43 non-annexation development agreement, except that a
212.172 non-annexation development agreement does not require the property to possess a valid
agricultural, wildlife management or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow such properties to remain in the City’s
extraterritorial jurisdiction for a term of twenty (20) years through a 212.172 non-annexation
development agreement, which agreement amends and extends the term of the prior Ch. 43 non-
annexation development agreements previously executed by the parties; and
WHEREAS, upon expiration of the 212.172 non-annexation development agreement, the
owners shall be deemed to have filed a petition for voluntary annexation, pursuant to Subchaptel
C-3 of Ch. 43 of the Tex. Loc. Gov’t Code; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the
City of Denton to enter into such 212.172 non-annexation development agreement with eligible
property owners who timely submitted 212.172 non-annexation development agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as PAA-3, is described in Exhibit “A“, attached hereto and
incorporated herein, and depicted in Exhibit “B,” attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, “A“ shall control).
SECTION 3. Certain 212.172 non-annexation development agreement(s) relating to
eligible properties within that parcel identified as PAA-3, which have been properly executed by
the owners of those properties, are hereby approved by the City of Denton and are attached hereto
and incorporated herein by reference as Exhibit “C“.
SECTION 4. The City Manager is authorized and directed, as a ministerial act, to sign the
non-annexation agreement attached as Exhibit “C”, for and on behalf of the City of Denton. The
effective date of the non-annexation agreement shall be the effective date of this Ordinance. The
City Manager shall further arrange forthwith for the recordation of non-annexation agreements in
the real property records of Denton County, Texas.
SECTION 5. Should any paragraph, section, sentence, phrase, clause, or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck,
the ordinance was passed and approved by the following vote [4 - 3]:
Aye Nay
X
Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :X
XBrian Beck. District 2:
Paul Meltzer, District 3 :X
Joe Holland, District 4:X
XBrandon McGee, At Large Place 5 :
Jill Jester, At Large Place 6:X
PASSED AND APPROVED this the 19th day of November, 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
W:$8b:' iR;gq
.„:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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