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2014-419oxDnvaNCE rro. 2014-419 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE INCLUSION OF 2.927 ACRES OF LAND LOCATED WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION INTO DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 7; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES 1N CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City"), is a Texas Municipal Corporation and a home-rule City located wholly within Denton County, Texas; and WHEREAS, CL/RPG Land Company, L.P., a Texas limited partnership, ("Landowner") is the owner and holder of fee simple title to that certain 2.927 acres tract of land (the "Property") more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes; and WHEREAS, the Property is located wholly within Division 2 of the extraterritorial jurisdiction of the City; and WHEREAS, Denton County Fresh Water Supply District No. 7(the "District") is a conservation and reclamation district and exists pursuant to the authority of and under the terms and provisions of Article XVI, Section 59 and Article III, Section 52 of the Constitution of Texas and Chapters 49, 51, and, for limited purposes, Chapter 53, Texas Water Code, as amended; and WHEREAS, Landowner has requested the District to provide utility and other public infrastructure and services to the Property, and, therefore, District and Landowner have agreed that the Property should be added to and included within the boundaries of the District; and WHEREAS, Section 42.0425, Texas Local Government Code, provides that a political subdivision, one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services, roadways, or drainage, may not add land that is located in the extraterritorial jurisdiction of a municipality, unless the governing body of the municipality gives its written consent by ordinance or resolution in accordance with such section and the Texas Water Code; and WHEREAS, on August 5, 2014 the District and Landowner have filed with the City a "Petition For Consent to Include Additional Land Into Denton County Fresh Water Supply District No. 7", a copy of which is attached hereto as Exhibit "B" (the "Petition"), seeking the consent of the City to add and include the Property into the boundaries of the District; NOW THEREFOR. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 � The recitals set forth above in the preamble, are true and correct in all material respects. SECTION 2. The City Council of the City hereby grants its consent to and permission for the inclusion in the District of the Property located within the City's extraterritorial jurisdiction, which is more fully described in Exhibit "A", attached hereto; the Mayor and City Secretary are hereby authorized to execute and attest, from time to time, such additional documents, if any, which are necessary to evidence the City's consent and to fulfill the purposes for which such consent is given. SECTION 3. The consent granted in the Ordinance is given by the City in full satisfaction of any requirements for district consents contained in any statute or otherwise required by law including, but not limited to, consent required by the Texas Water Code, as amended; and the Texas Local Government Code, as amended. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be in full force and effect from and after its passage and approvaL PASSED AND APPROVED on this the �� y„ day of _ w �,� rvMr ��.. 2014. � . "� .m �„�� --� ��" ud.�� '� � � � � —_.� .�.... ,�n.�� ...... ��.� ........� .��.. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � , � ,k , �� ,� � � � � � "� BY� . ... .�� ...�� `...�� " `� �; ��.� .� �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , �� ,.,�, � � ��.,. "^� By• � �� -�� • .�� .�_. ....__.____� ��, __ �-�, �...._ �...� Page 2 Exhibit "A" Being Lot 1-R, Block 1, LANTANA SCHOOL ADDITION, an addition to the County of Denton, Texas, according to the re-plat thereof recorded November 15, 2013, as Document 2013-312, Official Records, Denton County, Texas Page 3 PETITION FOR CONSENT TO 1NCLUDE ADDITIONAL LAND 1N DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 7 THE STATE OF TEXAS COUNTY OF DENTON . . TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: ��, i,,� ��,��i �'� � 4;� 1' �. ��.�� ,�F ��:I�..�...��'� ��°'�°� ��'��°;N,,,�� "�"'6�� CL/RPG Land Company, L.P., a Texas limited partnership, being the holder of title to all of the land hereinafter described, as indicated by the tax rolls of the Denton Central Appraisal District of Denton County, Texas, ("Landowner") and Denton County Fresh Water Supply District No. 7("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 49.301, Texas Water Code, as amended, and Section 42.0425, Local Government Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, as amended, and was created by division election, dated May 9, 2000. Landowner is the sole owner and holder of fee simple title to all of the land sought to be annexed to the District, as indicated by the tax rolls of the Denton Central Appraisal District of Denton County, Texas. Landowner represents and warrants that there are no holders of liens against the land sought to be annexed. II. The land sought to be added to the District consists of one (1) tract of land containing approximately 2.927 acres of land in the aggregate, more or less, and lies wholly within Denton County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seQ•, as amended, said area is within the extraterritorial jurisdiction of the City of Denton, Texas, and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work praposed to be done in the area saught to be annexed shall be the purchase, construction, acquisition, repair, extension and impravement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary ta: (1) provide a water supply for municipal, domestic and cammercial purpases; (2) callect, transpart, process, dispose af and cantrol all damestic, industrial ar cammunal wastes whether in fluid, salid ar camposite state; (3) gather, canduct, divert and cantrol local starm water ar other harmful excesses af water in the area; and (4) pravide roads ar turnpikes, or impravements in aid of roads ar turnpikes. � There is a necessity for the impravements above described for the following reasans. The area of the District is urban in nature, is within the grawing environs af the City of Dentan, Texas, and is in close praximity to populaus and develaped sectians of Denton County. The land sought ta be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services and roads and turnpikes, nor is it presently econamically feasible for such facilities to be provided ta said land. The health and welfare af the present and future inhabitants af the District, the land sought to be added to the District and of territaries adjacent thereta require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system and roads and turnpikes for and within the land sought to be added ta the District. A public necessity exists far the addition of the aforesaid lands ta the District in order to provide for the purchase, canstruction, extension, impravement, maintenance and operatian of such waterworks and sanitary sewer system and such drainage facilities, so as to pramote and protect the purity and sanitary canditian of the State's waters and the public health and welfare af the cammunity. VI. It is estimated by the Petitianer, from such information as is available at this time, that the development cantemplated within the prapased area to be annexed will be appraximately -$0-. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City af Denton, Texas, give its consent to the annexation af the aforesaid land in said District. � Dated this the ��h day of December, 2013. "PETITIONER" CL/RPG Land Company, L.P., a Texas limited partnership By: CL/RPG Land Company GP, Inc., a Texas �c��-��c�m��i�t�t� its general partner , Vice President STATE OF TEXAS COUNTY OF DALLAS ^ On this �'�� of December, 2013 before me, a Notary Public in and for said County, ersonall a e��c�c� "1"'�.�rr Ru eri Vice President of CL/RPG Land Com an GP Inc. a Texas P Y pP ' Y gg , P Y , � corporation, general partner of CL/RPG Land Company, L.P., a Texas limited partnership, known to me to be the person whose name is subscribed on the within Petition For Annexation of Land, and acknowledged to me that he executed same on behalf of such entity. ��X�� ..� W,;, HEATHER PAUZER � . � ,�- ., :;.� � � , �' � �" "� MY COMMISSION EXPIRES � �^ aw° � �.�. _ .... ... _________ n�� _____ �;�� a August 31, 2016 ��'J ��, "�,��, of Texas 9.._._�� '" � (SEAL) -3- THE STATE OF TEXAS COUNTY OF DENTON . Denton County Fresh Water Supply District No. 7 By: ....� � °°'�`�� ' �" �"�..,�'",.;,., , �.. g " � .�.�, ... � . l�av�,a3 J`. 4'�are, President This instrument was acknowledged before me on this �a., day of December, 2013, by David J. Ware, President of Denton County Fresh Water Supply District No. 7. ��u�� ^�W ��i`��,��"�M�� +�'+� .' ��,l�i�� '�'�"r ��r�°r� �w �"�'�" ��,��t� .��,��:��» �.��.��», ��.�� _ ��..� � .. ... � � Notary ��al�� in and (�z° ��ti�: State of Texas -4- Exhibit A Being Lot 1-R, Block 1, LANTANA SCHOOL ADDITION, an addition to the County of Denton, Texas, according to the re-plat thereof recorded November 15, 2013, as Document 2013-312, Ofiicial Records, Denton County, Texas —5—