February 18, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 18, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Session on Monday, February 18, 2008 at 11:00 a.m.in the Council
Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
Council went into Closed Meeting at 11:02 a.m. to consider the following:
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues, including defense of pending and
potential litigation filed by JNC Denton Partners, LLC, associated with annexation of real
property in the City’s northern ETJ, under annexation case no. A05-0002, along with other legal
issues related to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation agreements, service plans,
utility service, and legal issues implicated by alternative proposals advanced by individuals
owning property within the proposed annexation area. A public discussion of these legal matters
would conflict with the duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the
City’s legal position in any administrative proceedings or potential litigation
Following the completion of the Closed Session at 11:27 a.m., Council convened in a Special
Called Meeting to consider the following:
1.Considered adoption of an ordinance of the City of Denton, Texas, annexing an
approximate 2,376 acre portion of approximately 5,800 acres of land contiguous and adjacent to
the City of Denton, Texas, located in the northeastern area of the City of Denton’s
Extraterritorial Jurisdiction; generally located between the City’s current northern city limits and
Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such
annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey,
Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract
Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859,
D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O’Leary
Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey,
Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey,
Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract
Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas. This is
the completion of the annexation of the remaining portion of the approximate 5800 acres lying
north of Shepard Road that was excluded from annexation ordinance No. 2005-379 due to a
court injunction enjoining the annexation of such property; approving a service plan for the
annexed property; providing a severability clause; and providing an effective date. (A05-0002)
City of Denton City Council Minutes
February 18, 2008
Page 2
City Attorney Snyder stated that in December of 2005, the city had started the annexation of
5800 acres. A lawsuit was filed to block the annexation of 2,376 acres of the original 5800 acres
which resulted in a court injunction prohibiting the annexation. Friday, the Texas Supreme
Court lifted that stay which now allowed the City to annex the property. The area for annexation
was contiguous between the northern portion of the annexation and the southern portion which
was already annexed.
The following ordinance was considered:
NO. 2008-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN
APPROXIMATE 2,376 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON’S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE
CITY’S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS
ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD
ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAILER
SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER
247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY,
ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S.
MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY,
ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P.
O’LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT
NUMBER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON
SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT
NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS
SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT
NUMBER 933, DENTON COUNTY, TEXAS. THIS IS THE COMPLETION OF THE
ANNEXATION OF THE REMAINING PORTION OF THE APPROXIMATE 5800
ACRES LYING NORTH OF SHEPARD ROAD THAT WAS EXCLUDED FROM
ANNEXATION ORDINANCE NO. 2005-379 DUE TO A COURT INJUNCTION
ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 11:32 a.m.
__________________________ _____________________________
PERRY R. MCNEILL JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS