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A23-0003 INCOMPLETEDocuSign Envelope ID: A1458267-D720-4F51-A20B-D9FC9CAC 1657 ORDINANCE NO. A23-0003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672, BETWEEN THE CITY OF DENTON AND LAKE CITY HOLDINGS, LLC FOR THE PROVISION OF CITY SERVICES TO APPROXIMATELY 6.28 ACRES OF LAND, GENERALLY LOCATED 224 FEET NORTH OF E. MCKINNEY STREET AND 1,140 FEET EAST OF TRINITY ROAD; APPROVING A SCHEDULE OF ANNEXATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A23-0003) WHEREAS, the property owners, Lake City Holdings, LLC (hereafter referred to as “Owners“), has, by virtue of their continued and ongoing breach of a Non-Annexation Agreement executed on October 20, 2020, submitted a petition for voluntary annexation of approximately 6.28 acres of land in Denton County, Texas as described in Exhibit A attached hereto and incorporated herein (“Property”); and WHEREAS, the City of Denton must first negotiate a written Municipal Services Agreement with the Owner of the real property subject to a petition for voluntary annexation, pursuant to Tex. Loc. Govt. Code Sec. 43.0672, that contains (1) the services that the City of Denton will provide on the effective date of the annexation and (2) a schedule that includes the period within which the City of Denton will provide each service that is not provided on the effective date of the annexation; and WHEREAS, the City of Denton has presented to Owner an agreement about the provision of full services to the Property following the annexation of the Property; and WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the citizens of Denton to enter into a Municipal Services Agreement with the Owner; 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 Municipal Services Agreement (“Agreement”), made in accordance with applicable provisions of state law pertaining to annexation, is approved and attached hereto as Exhibit B and is made a part hereof for all intents and purposes. SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City of Denton under the Agreement. SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and adopted for this annexation. DocuSign Envelope ID: A1458267-D7204F51-A20B-D9FC9CAC 1657 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 be effective immediately upon its passage and approval. The motion to approve this ordinance was made by Br ten LB and seconded by &u. Jb.n. eun hc Bcc , the ordinance was passed and approved bythe following vote K - al : Aye ,/ .// b/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 :JL Joe Holland, District 4:./ .,,/ / Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: PASSED AND APPROVED this, the II{- day of Mp, bl ' 2024. GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Hilary Negron DN: dc=com, dc=cityofdenton, dc=codad ou=Department Users and Groups, ou=General Government, ou=Legal, cn=Hilary Negron, email=Hilary.Negron@cityofdenton.com t)ate: 2024.03.13 10:46:'H -05'00' Page 2