1997-084E \WPDOCS\ORD\ETJ REL
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN AREA
LOCATED EAST OF THE ELM FORK OF THE TRINITY RIVER AND SOUTH OF FM
455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON,
ESTABLISHING AN EASTERLY EXTRATERRITORIAL JURISDICTION BOUNDARY
LINE AND DECLARING AN EFFECTIVE DATE
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, Denton has as of the date of this ordanance an
extraterritorial 3urlsdactaon over the unincorporated area
contaguous to and wlthan three and one-half males of ats corporate
boundaries, and
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, the c~tles of Aubrey, Krugervzlle, Cross Roads,
Oak Point and Shady Shores have as of the date of this Agreement an
extraterritorial 3ur~sd~ctaon over the unincorporated area
contiguous to and within one-half mile of their respectave
corporate boundaries, and
WHEREAS, in order to avoad all present and future conflactlng
claims to land within ~ts extraterrmtoraal 3urlsdactlon, the City
of Denton desires to define, establish, and fix its easterly extra-
terrztor~al ]ur~sdlctlonal boundary lzne, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That an easterly extraterrmtoraal ]urlsdactlon
boundary lmne ~s hereby establzshed for the Caty of Denton as
described an Appendzx A and shown on the map in Appendix B,
attached hereto and made a part of thas ordinance as if written
word for word here~n
SECTION II That the City of Denton, Texas, relinquishes all
of its extraterritorial ~urzsdmctlon r~ghts in that area located to
the east and south of the saad easterly extraterratoraal ]urlsdac-
tlon boundary line as described and shown an the attached appendi-
ces, so that hereafter the area located to the west and north of
saad boundary l~ne, ~nclud~ng, wathout llmatatlon, the US Army
Corps of Engineers fee simple property and conservation easements,
for whmch tract and parcel descrlptaons have been obtaaned from the
US Army Corps of Engineers and kept on f~le with the Denton
Planning and Development Department, is established as an area
w~thln the extraterritorial ]urasdlctaon of the City of Denton
~ECTIO_~ III That any praor extraterratorlal ]urasdlctlon
l~ne established by the City of Denton or resulting from any action
of another party, whether by annexataon of territory, the request
of one or more landowners, or any other method or procedure, and
wathout regard to whether the action, method, or procedure was or
would be valid in accordance with the laws of the State of Texas,
as hereby deemed to be of no further force or effect
SECTION IV That thas ordanance is not intended to and shall
not be construed as establishing, defining, or affecting any
extraterrltoraal ]urasdlctlon boundaraes of any caty or town other
than the Caty of Denton Nothang herein shall constitute any
warranty or assurance that any other city wall be able to incorpo-
rate or annex any tract of land located an the extraterrltoraal
~urlsdlctaon area which has been relinquished by the City of
Denton Any other city or town shall be free to annex land and
exercise any powers conferred upon it by state law, in accordance
wath state law, within the extraterritorial jurisdiction area
released by the Caty of Denton hereby, without the permission or
agreement of the City of Denton
SECTION V That af any sectaon, paragraph, sentence, clause,
phrase, or word of this ordinance shall be finally adjudged by any
court of competent 3urlsdactaon to be unconstitutional or lnvalad,
such final judgment shall not affect, ampaar, or anvaladate the
remainder thereof, but shall be confined in its operation to the
section, paragraph, sentence, clause, phrase, or word thereof so
found to be unconstitutional or invalid
SECTION VI That this ordinance shall become effectave
lmmedaately upon ars passage and approval
PASSED AND APPROVED this /~ day of ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ~--
APPR AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
APPENDIX "A"
Beginning et the easternmost pmnt of a I~ne lying 2,400 feet west
and along the north Town hm~ts hne of Shady Shores as established
by the City of Denton Ordinance #74-33, dated August 20, 1974,
Thence east for a d~stance of 4,900 feet to a point for corner,
Thence north 8,300 feet to a point for corner,
Thence north 3'1° west for a d~stance of 8,700 feet to point for
corner,
Thence north for a d~stance of 5,900 feet to a point for corner, sa~d
point lying on the southerly Denton c~ty hm~ts hne as estabhshed by
Ordinance #74-36 (Tract 2), sa~d point lying 350 feet south of and
perpendicular to the centerl~ne of US H~ghway 380,
Thence easterly along sa~d Denton C~ty I~m~ts hne, south of and
parallel to the centerhne of US h~ghway 380 for a d~stance of 3,300
feet to a point for corner, sa~d point being the south east corner of
sa~d Denton C~ty hm~ts hne as estabhshed by Ordinance #74-36
(Tract 2),
Thence north 06o 59' 30" East along the eastern Denton C~ty hm~ts
hne as estabhshed by Ordinance #74-36 (Tract 2), crossing US
H~ghway 380, a d~stance of 700 feet to a point for corner, sa~d point
being the northeast corner of Denton C~ty hm~ts as estabhshed by
Ordinance 74-36 (Tract 2), sa~d point lying on the center hne of
Rock H~II Road,
Thence westerly along the north Denton c~ty hm~ts hne 30 feet to the
~ntersectlon of the west r~ght-of-way i~ne of Rock H~II Road to a point
for corner,
Appendix "A" Page 1 of two pages
Thence northerly along the west nght-of-way hne of Rock Hdl Road
to a point for corner, sa~d point being the ~ntersect~on of the west
right-of-way hne of Rock Hdl Road and the south right-of-way hne of
Arvin Hdl Road,
Thence westerly along the south right-of-way hne of Arvin Hdl Road
to a point for corner, sa~d point being the ~ntersectlon of the south
right-of-way line of Arvin Hdl Road and the U S Army Corps of
Engineers property hne,
Thence northerly along the U S Army Corps of Engineers property
hne, same being the southerly hne of a 3 873 acre tract and
continuing northerly and meandenng along the easternmost hnes
of ~nterest of the U S Army Corps of Engineers made up of the
continuous easternmost hne associated w~th all U S Army Corps of
Engineers fee t~tle and conservation easement ~nterests, located on
the east s~de of the Elm Fork of the Tnmty R~ver, to a point for
corner, sa~d point lying on the ~ntersect~on of sa~d easternmost hne
of sa~d U S Army Corps of Engineers property and being 500 feet
south of and perpendicular to the southerly right-of-way hne of F M
455,
Thence easterly along a hne 500 feet south of and parallel to the
southerly right-of-way hne of F M 455 approximately 17,000 feet to
a point of terminus, sa~d point lying on the present C~ty of Denton
extraterritorial jurisdiction arc as estabhshed by C~ty of Denton
annexation Ordinance # 89-052
Appendix "A" Page 2 of two pages