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23-1455RESOLUTIONNO. 23-1455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,CONSENTING TO THE INCLUSION OF TERRITORY IN ITS EXTRATERRITORLALJURISDICTION WITHIN THE PROPOSED DENTON COUNTY EMERGENCY SERVICESDISTRICT NO. 2 PURSUANT TO CHAPTER 775 OF THE TEXAS HEALTH AND SAFETYCODE; AUTHORIZING THE CITY MANAGER TO NOTIFY THE COUNTYCOMMISSIONERS COURT AND REPRESENTATIVE OF THE DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 2 OF THIS CONSENT; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, members of the Board of Commissioners of Denton County Emergency Services District No. 1 (“ESD No. 1”) have submitted the petition attached hereto as Exhibit A to the County Commissioners of Denton County for the creation of an emergency services district to be known as Denton County Emergency Services District No. 2 (the “District”) for the provision of emergency medical services for the region; and WHEREAS, ESD No. 1 provides fire services but does not provide emergency medical services to its service area, and the District would provide those emergency medical services to that area; and WHEREAS, the proposed District would include portions of the extraterritorial jurisdiction of the City (the “ETJ”) shown on the attached Exhibit A; and WHEREAS, in order for the portion of the ETJ within the proposed District to be included in the District, the City Council must consent to its inclusion therein; and WHEREAS, the petitioners for the District submitted the Letter attached to and made a part of this Resolution as Exhibit B requesting the City’s consent to the inclusion of the relevantportions of the ETJ in the District; and WHEREAS, creation of the District is contingent upon voter approval at an election of the qualified voters of the District, and if the voters within the ETJ reject the creation of the District, the ETJ would be carved out of the District and would not be included, even if the proposition passes elsewhere within the District; and WHEREAS, creation of the District could result in an additional ad valorem tax of up to ten cents ($0.10) per one hundred dollar valuation being imposed in the District; and WHEREAS, the consent of the City to the inclusion of territory into the District does not constitute its consent to the future expansion or division of the District, and the City reserves all rights to deny its consent to the inclusion of territory not depicted in Exhibit A into the District; and WHEREAS, the City Manager and Denton Fire Department recommend, and it is in the public interest that, City Council consent to the inclusion of the territory shown in Exhibit A in theDistrict; NOW, THEREORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. the City Council hereby consents to the inclusion of the portion of the ETJ of the City of Denton shown on the attached Exhibit A within the proposed Denton County Emergency Services District No. 2. SECTION 3. The City Manager or their designee is directed to send a true and correct copy of this Resolution to the County Commissioners Court and to the petitioners for Denton County Emergency Services District No. 2 notifying them of the City Council’s consent to the inclusion of the portion of the ETJ within the proposed Denton County Emergency Services District No. 2. SECTION 4. The City reserves all rights, present and future, to deny its consent to the further inclusion of territory in the City’s corporate limits or the City’s extraterritorial jurisdiction into Denton County Emergency Services District No. 2, or into any other emergency services district created by the division of the District or the combination of the District with another emergency services district. Nothing herein shall be construed as the consent of the City or of the City Council to the inclusion of any territory not depicted or described in Exhibit A into theDistrict SECTION 5. This Resolution shall become effective immediately upon its passage and approval. The motion to approye this Resolution was made by Br ', b_ gcc k and seconded by B,„_ Jo ,., b,k hc 6 ce , the Resolution was passed and approved by the following vote U_ - I Aye Nay Abstain Absent Mayor Gerard Hudspeth:./ Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4:,/L,/Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: JESUS SALAZAR, CITY SECRETARY IS$1111111rD rON 1111111 BY:_a%= EXHIBIT A Petition for the creation of Denton County Emergency Services District No. 2 THE STATE OF TEXAS § § §COUNTY OF DENTON PETITION FOR ANEMERGENCY SERVICES DISTRICT IN DENTON COUNTY TO THE HONORABLE ANDY EADS, COUNTY JUDGE OF DENTON COUNTY, TEXAS: COMES NOW, the undersigned Petitioners, all being qualified voters and owners of taxable real property within the boundaries of Denton County and being specifically within the areas and boundaries of the territory described in Exhibit " A", pursuant to §775.011, Texas Health & Safety Code (“H&S Code”), attached hereto and incorporated herein for all purposes (and herein referred to as the ’'Territory'’). This proposed Emergency Services District, who hereby respectfully present unto this Court their Petition for the creation and operation of an Emergency Services District in Denton County, Texas, and ask this Court to receive and act upon the same, and as reason therefore would show unto this Honorable Court as follows: 1 That such an Emergency Services District is to be organized in Denton County, State of Texas, and that the District is to be created and is to operate under Article III, Section 48-e, Texas Constitution, and Chapter 775, H&S Code, including having the power to levy and collect ad valorem taxes of up to the constitutional maximum ten cents ($.10) on each $100 of the taxable value of property taxable by the district; and the District will be so created and operated to protect life and health and as so provided in said Constitution and Legislative Act, as amended. 11 That the name of the proposed District shall be “DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 ” and shall be located wholly in Denton County, Texas. 111. That this Petition presented to the County Judge of Denton County, Texas for the creation of "DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 " pursuant to §775.011, H&S Code, is signed by at least 100 qualified voters who own taxable real property in the proposed district. If there are fewer than 100 of those voters, the petition must be signed by a majority of those voters. rv. - 1 - That the boundaries of the proposed District are described in Exhibit “A”, attached hereto and incorporated fully herein. V That the Territory overlaps with Denton County Emergency Services District No.1 which provides fire prevention only. The Territory will not provide duplicative fire services pursuant to section 775.0205 of the H&S Code. "DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 " will only provide Emergency Medical Services, which is allowed pursuant to section 775.0205 of the H&S Code. This petition complies with section 775.0205 of the H&S Code. VI That the proposed District is to be created and operated under the provisions of Article III, Section 48-e, Texas Constitution, and the statutory legislation, as amended, and to provide Emergency Medical Services (EMS) and EMS first responder and rescue services in such extent and manner as may be determined from time to time by the commissioners of such District. VII That the boundaries of the proposed District do include the corporate and/or extratenitorial jurisdiction of the following municipalities: _Argyle, Bartonville, Copper Canyon, Double Oak, Denton, Corral City, and Northlake whose consent for inclusion in the proposed District is required as provided by Section 775.014 of the H&S Code. That it is specifically understood and agreed that two (2) of the undersigned Petitioners, being Ricky Vaughan and Megan Reynolds hereby obligate themselves jointly and severally pursuant to Section 775.013 of the H&S Code, to incur and pay the costs incident to the formation of the proposed Emergency Services District, not to exceed ONE HUNDRED FIFTY AND NO/100 DOLLARS ($ 150.00), which shall include, among any other necessary and incidental expenses, the cost of publication of notices and election costs. VIII. That the names and mailing address of each of the undersigned Petitioners being qualified voters owning taxable real property within the area to be Included (as described in Exhibit "A"), are hereinafter set forth: -2 - Exhibit “A” Boundary Description ofDenton County Emergency Services District No. 2 Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 to include: the petitioned annexation of the land generally described as Denton County Fresh Water Supply Districts 6 and 7 (which is also known as the master planned community of“Lantana); the petitioned annexation of the land generally described as the Town of Northlake, Texas Extraterritorial Jurisdiction (ETJ) North of Blair Rd; the petitioned annexation of the land generally described as the Town ofNorthlake, Texas Extraterritorial Jurisdiction (ETJ) Parcel ID Number 256775; the petitioned annexation of the land generally described as the Town of Northlake, Texas Extratenitorial Jurisdiction (ETJ) South of Harmonson Rd; the petitioned annexation of the land generally described as the Town of Northlake, Texas Extraterritorial Jurisdiction (ETJ) west of Cleveland Gibbs Rd. along Chadwick Pkwy; the petitioned annexation of the land generally described as the Town ofNorthlake, Texas Extraterritorial Jurisdiction (ETJ) west of Elizabeth Creek along Cleveland Gibbs Rd; the petitioned annexation of the land generally described as the Town of Northlake, Texas Extratenitorial Jurisdiction (ETJ) west of FM 156 along Sam Reynolds Rd. and Industrial Rd; the petitioned annexation of the land generally described as the Town of Northlake, Texas Extraterritorial Jurisdiction (ETJ) west of PR 6202 (which is also known as parcel ID number 68955). ## GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT. -3 - Adding the area of land known as the master planned community and commercial properties of “Lantana”, which is bounded by the current boundary of Denton County Emergency Services District No. 1. The westernmost boundary of the territory to be annexed is McMakin Rd, Farm Road 407, and the Hilltop Rd. The northernmost boundary of the territory to be annexed is E. Hickory Creek Rd. The easternmost boundary of the territory to be annexed is Copper Canyon Rd to include parcel ID number 38064 (which is located at the northeast corner of Copper Canyon Rd. and Farm Road 407). The southernmost boundary of the territory to be annexed is Farm Road 407and E. Jeter Rd. 88 GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the southern boundary of the territory to be annexed (which is also known as Blair Rd.), bounded by the parcels addressed on Hillside Loop (which are also known as property ID numbers: 45498, 45507, 45496, 45517) and the parcel addressed off Webb Rd (which is also known as property ID number 64294) as the western boundary, bounded by Webb Rd and the parcels addressed off Leslie Circle (which are also known as property ID numbers: 133036, 632414, and 64235) and the parcels addressed off Florence Rd (which are also known as property ID numbers 307399 and 111724) as the northern boundary, bounded by Florence Rd as the eastern boundary of the territory to be annexed. ++ GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT Fm)m6 + MIB Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the northern boundary of the territory to be annexed (which is also known as parcel ID numbers 681290 and 724523), bounded by the current boundary of Denton County Emergency Services District No. 1 as the eastern boundary of the territory to be annexed (which is also known as parcel ID numbers 68383 and 355855), bounded by parcel ID number 334875 and 306377 as the southern boundary of the territory to be annexed, bounded by the current boundary of Denton County Emergency Services District No. 1 as the western boundary of the territory to be annexed (which is also known as parcel ID numbers 228508, 636455) and by parcel ID number 68967. ## GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT In$=B Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the northern boundary of the territory to be annexed (which is also known as Harmonson Rd.), bounded by the current boundary of Denton County Emergency Services District No. 1 as the eastern boundary (which is also known as parcel ID number 68583, bounded by the current boundary of Denton County Emergency Services District No. 1 as the southern boundary (which is also known as parcel ID numbers 307400 and 677047), bounded by the parcel ID number 80393 as the western boundary of the territory to be annexed. 88 GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OF ANOTHER EMERGENCY SERVICES DISTRICT $ a 74+8 r4 aP %,J.,) ;r‘{.- I Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the northern boundary of the territory to be annexed (which is also known as parcel ID numbers 335855, 314922, 241390 and 68385), bounded by the current boundary of Denton County Emergency Services District No. 1 as the eastern boundary of the territory to be annexed (which is also known as parcel ID numbers 68385 and 662286) and by parcel ID number 331537 (1ocated on Cleveland Gibbs Rd), bounded by parcel ID number 334874 as the southern boundary of the territory to be annexed, bounded by parcel ID number 334873 as the westernmost boundary of the territory to be annexed. 88 GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT .\.J . :I !rj$ iI feel agut FIi'$ Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the western boundary of the territory to be annexed (which is also known as parcel ID numbers 68385, 68373, and Cleveland Gibbs Rd including parcel ID numbers 725 176, 725178, 68376, 653849, 653848, 653847, and 0, bounded by the current boundary of Denton County Emergency Services District No. 1 as the northern boundary of the territory to be annexed (which is also known as parcel ID numbers 661763 and 0 located on Cleveland Gibbs Rd) and by parcel ID numbers 68692 and 219485, bounded by Elizabeth Creek (which is also known as the parcel ID numbers 0 and 68913) as the eastern boundary, bounded by parcel ID number 249539 as the southern boundary. ++ GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT 189111 - tr&3JI ie.Al-nJ a B I L b +H : Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the eastern boundary of the territory to be annexed (which is also known as parcel ID numbers 677044, 1011883 and 68241), bounded by parcel ID numbers 655714, 314005, and 80243 (1ocated on Sam Reynolds Rd) as the southern boundary of the territory to be annexed, bounded by parcel ID numbers 314005, the Golf-Colorado & Sante Fe Railroad, and parcel ID numbers 80243, 80244, and 1 15345, 115347, 743886 76418 and 724514 as the western boundaries of the territory to be annexed, bounded by parcel ID numbers 80244, 532995, 530524, 68516, 724514, and 7245 13 as the northern boundaries of the territory to be annexed. 88 GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OF ANOTHER EMERGENCY SERVICES DISTRICT iaMll !{?? i r39626 Adding the area of land that is bounded by the current boundary of Denton County Emergency Services District No. 1 as the northern boundary of the territory to be annexed (which is also known as parcel ID number 160667), bounded by the current boundary of Denton County Emergency Services District No. 1 as the eastern boundary of the territory to be annexed (which is also known as parcel ID number 636455) and by parcel ID number 68967, bounded by parcel ID number 68955 as the southern and western boundary of the territory to be annexed. 88 GENERALLY DESCRIBED AS THE CURRENT BOUNDARIES OF DENTON COUNTYEMERGENCY SERVICES DISTRICT NO. 1 EXCLUDING ANY PORTION OF DENTONCOUNTY EMERGENCY SERVICES DISTRICT NO. 1 THAT IS LOCATED INSIDE OFANOTHER EMERGENCY SERVICES DISTRICT CREATION PETITION – SIGNATURE PAGE TERRITORY WITHIN DENTON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 Signature: Printed Name: Street Address : Telephone No.: Date of Birth: or Voter Reg No.: Date of Signing: Signature: Printed Name: Street Address : Telephone No.: Date of Birth: or Voter Reg No.: Date of Signing: Signature: Printed Name: Street Address : Telephone No.: Date of Birth: or Voter Reg No.: Date of Signing: EXHIBIT B Letter Requesting Consent to the Creation of Denton County Emergency Services District No. 2 DENTON COUNrv EMERGENCY SERVICES DISTRICT NO. 1 Proudly serving Argyle, Bartonville, Copper Canyon, Corral City, Lantana, Northlake June 16, 2023 Dear Mayor Hudspeth, The Board of Commissioners of Denton County Emergency Services District No. 1 have petitioned citizens for the creation of Denton County Emergency Services District No. 2, which is proposed for the purpose of funding emergency rescue services in the area. Because a portion of the Denton County Emergency Services District No. 2 encompasses the City of Dentonextraterritorial jurisdiction, the City must consent to the inclusion of this area within the District No. 2 in order for it to be included (Texas Health & Safety Code 775.011 and 775.014). This letter serves as a formal request that the Town consent to the creation of the proposed Emergency District Services No. 2 and allow the District to include Denton ETJ. A map of the Emergency Services District No. 2 and the metes and bounds description are included in the attached petition. 1.) The petitioners respectfully request to be placed on the City’s next agenda under item titled “Discuss and consider consenting to creation of the proposed Denton County Emergency Services District No. 2.” 2.) The petitioners respectfully request that you consent to including Denton ETJ in Denton County Emergency Services District No. 2 by adopting a resolution or ordinance similar to the attached and approving the request In wrrtlng. Sincerely, P4/v,DadAt"WM,gl:R,yn,usGs IV[Reynolds@entonCountyESD I . govCell: 940.368.7711 PO Box 984 • 511 S Gibbons Rd • Argyle, TX 76226 • 94(F46+7102 ' (Fax) 94G46+361 2www.dentoncountyesd1 .gov