2005-210ORDINANCE NO. 2005- 2 /0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A BOUNDARY
ADJUSTMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND THE CITY OF KRUM, TEXAS TO BE EXECUTED BY THE
MAYORS OF THE TWO CITIES; PROVIDING FOR A RELEASE OF THE CITY OF
DENTON EXTRATERRITORIAL JURISDICTION FROM THE CITY OF DENTON TO THE
CITY OF KRUM OF THAT CERTAIN 7.011 ACRES OF LAND THAT IS LYING WITHIN
THE ASPEN PARK PHASE TWO THAT IS ADJACENT TO THE CITY OF KRUM, TEXAS,
LOCATED IN THE WESTERN SECTION OF THE CITY OF DENTON
EXTRATERRITORIAL JURISDICTION; IN DENTON COUNTY, TEXAS SPECIFICALLY
LOCATED AS SHOWN IN THE BOUNDARY ADJUSTMENT AGREEMENT; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (S105-0008)
WHEREAS, pursuant to §§42.023-42.025 of the Texas Local Government Code, home
rule cities are authorized to release extraterritorial jurisdiction over certain lands; and
WHEREAS, on or about April 27, 2005, the Planning and Zoning Commission of the
City of Denton, Texas having reviewed this matter, with six members present, unanimously
recommended approval of this release of City of Denton extraterritorial jurisdiction to the City of
Krum, Texas, as manifested by a Boundary Adjustment Agreement; and
WHEREAS, the City Council finds that the real property that is the subject of the
Boundary Adjustment Agreement is a certain 7.011 acre tract of land in Aspen Park Phase Two,
in the Western Section of the City of Denton extraterritorial jurisdiction; and that the City of
Krum has requested that the City of Denton release its extraterritorial jurisdiction to the City of
Krum, as the City of Krum intends to annex said 7.011 acres of land as well as providing retail
water and wastewater utility service; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, after notice a public hearing before the City Council was held in the Council
Chambers on this date in order to allow any and all interested persons who appear at such public
hearing to state their views and present evidence bearing upon this release of extraterritorial
jurisdiction; and
WHEREAS, the City Council, after considering all of the relevant circumstances and the
City of Krum's request, is of the opinion that in this case it should grant the request; accordingly,
the City Council hereby approves the Boundary Adjustment Agreement and finds that it is in the
public interest to execute the same; and
WHEREAS, the City Council notes that the passage of this ordinance is expressly
conditional on the Council passing the companion ordinance on this date which deals with the
utility "Service Area Designation and Transfer Agreement" as the release of extraterritorial
1
jurisdiction of Denton and the transfer and assignment of its right to retail water utility service
and wastewater service are interdependent of each other; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this
ordinance are incorporated herewith by reference.
SECTION 2. That the City Council hereby releases its extraterritorial jurisdiction over
that certain 7.011 acre tract of land referred to above.
SECTION 3. That the Mayor of the City of Denton, Texas is hereby authorized to
execute the "Boundary Adjustment Agreement" as is attached hereto and incorporated herewith
by reference.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance; and the City Council hereby
declares it to be its purpose to release its extraterritorial jurisdiction to the City of Krum, in and
to that certain 7.011 acre tract of land situated in the Western Section of the City of Denton
extraterritorial jurisdiction, in the addition known as Aspen Park Phase Two.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 2!Yday of 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNY~D~E.R~j, CITY ATTORNEY
By:
SAOur Documents\Ordinances\05\Kmm-Boundary Adjustment Agreement-ETJ-2005.doc
2
THE STATE OF TEXAS §
COUNTY OF DENTON §
BOUNDARY ADJUSTMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF DENTON,
TEXAS, a Texas Municipal Corporation and a Home-rule City, hereinafter referred to as
"Denton", and the CITY OF KRUM, TEXAS, a general law municipality, hereinafter referred to
as "Krum".
WHEREAS, Krum has heretofore annexed or intends to annex certain real property into
its city limits that is within Denton's extraterritorial jurisdiction ("ETJ"), and which property is
particularly described in Exhibit "A" attached hereto and made a part hereof by reference; and
also in Exhibit "B" attached hereto and made a part hereof by reference (called the "Property");
and
WHEREAS, Denton desires to release to Krum all of its rights in and to its ETJ in the
Property and to consent to Krum's annexation of the Property; and
WHEREAS, Denton and Krum desire to establish a future mutual city limit boundary
between the two cities that was agreed to by both parties in the City of Krum Ordinance No.
2001-11 and in the City of Denton Ordinance No. 2001-318 with the inclusion of the 7 acre tract
described in Exhibit "A". The revised boundary is depicted in Exhibit "C" attached hereto and
made a part hereof by reference (called the "Future Mutual Boundary"); and
WHEREAS, the governing bodies of Denton and Krum find that such Future Mutual
Boundary is in the public interest.
Page 1
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises expressed herein, Denton and Krum agree as follows:
SECTION I.
Release of ETJ
Denton hereby releases and relinquishes all of its ETJ rights in and to the Property to
Krum and consents to Krum's annexation of the Property, whether or not such annexation has
occurred prior to the date of this Agreement. It is expressly agreed that this release shall only
operate in favor of Krum, and shall not constitute a waiver or a release of any right, including
without limitation, ETJ rights, which Denton may be able to assert against another municipality.
In addition, if Krum fails to complete the annexation of the Property within one (1) year of the
date of this Agreement, the release shall be null and void and shall be of no further force and
effect.
SECTION H.
Future Mutual Boundary
Denton and Krum hereby agree that their Future Mutual Boundary shall be as described
in Exhibit C, attached hereto and incorporated herein by reference. In this regard each city
waives, releases and relinquishes its ETJ rights to the other with respect to the side of the Future
Mutual Boundary that is located in the other city's future territory, as described and depicted on
Exhibit C. It is expressly agreed that this waiver and release shall only operate in favor of
Denton and Krum, and shall not constitute a waiver or release of any right, including ETJ rights,
which Denton or Krum may be able to assert against another municipality.
Page 2
SECTION III.
Severability
Should any provision of this Agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
SECTION.IV.
Approval by Governing Bodies
Denton and Krum represent to each other that their respective governing bodies have each
approved this Agreement by ordinance or resolution as set forth below.
SIGNED this Z ndthe day of u' f 2005.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: `d 1 A Gl P icNU.l/l ~(ilA ~i .
APPROVED AS TO FORM:
EDWIN M. SNYDER, CITY ATTORNEY
A
By:
THIS AGREEMENT HAS BEEN APPROVED BY DENTON ORDINANCE NO. 2005-2U 0,
WHICH HAS BEEN PASSED AND APPROVED BY THE DENTON CITY COUNCIL.
Page 3
CITY OF KRUM, TEXAS
MAYOR
ATTEST:
By: W r V q n&2s 4j
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
By:
THIS AGREEMENT HAS BEEN APPROVED BY KRUM ORDINANCE NO. -a(p
WHICH HAS BEEN PASSED AND APPROVED BY THE KRUM CITY COUNCIL.
Page 4
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me this day of a A 2005, by
EULINE BROCK, Mayor of the CITY OF DENTON, TEXAS, a Texas ome-rule municipal
corporation, on behalf of said municipal corporation.
STATE OF TEXAS
COUNTY OF DENTON
T strument was acknowledged before me this , day of 2005, by
Mayor of the CITY OF KRUM, TE AS, a general law
munic~ ity;,on behalf of said municipality.
C
[SEAL] °~F 1
Notary P lic i and llthe State of Texas
.=°o~'"Pya---• JOYCEJETER
= Notary P~Mic, Slate of Texas
g~` My Commission Expires
•~'"!,~~'t'~'`~ JULY 26, 2009
LINDA HOLLEY
Notary Public
State ~lvi►~D~ /17~
of Texas
My NAtary Public in and for e State of Texas
"r,,EOe rx+~ Comm. Exp. 12.08-2005
Page 5
Exhibit "A"
7.011 ACRE TRACT
IN THE ETJ OF THE CITY OF DENTON
FIELD NOTES to all that certain tract of land situated in the JOHN W. GIBBONS
SURVEY, Abstract No. 446 in Denton County, Texas and being a part of a called 120
acre tract of land described in the deed from Rosa Hopkins, et al to Fred F. Hopkins as
recorded in Volume 654, Page 636 of the Deed Records of Denton County, Texas; the
subject tract being more particularly described as follows:
BEGINNING at a wood fence post found for the Northeast corner of said tract at the
Northwest comer of a called 50,00 acre tract of land described in the deed to Donal
Green as recorded in Volume 4665, Page 744 of the Real Property Records of Denton
County, Texas, in the South line of a called 70.154 acre tract of land described in the
deed to Lena L. Erickson as recorded in Volume 654, Page 645 of said Deed Records,
THENCE South 00 degrees 58 minutes 10 seconds West with the East line of said 120
acre tract and the West line of said 50.00 acre tract, along or near a fence a distance of
875.81 feet to a''/? capped iron rod found for corner;
THENCE North 88 degrees 45 minutes 44 seconds West a distance of 344.86 feet to the
Southwest corner of the herein described tract, in a line separating the current Extra-
Territorial Jurisdictions of the City of Krum and the City of Denton;
THENCE North 00 degrees 27 minutes 50 seconds East with said ETJ line a distance of
875.88 feet to the Northwest corner of the herein described tract in the North line of said
120 acre tract, in the South line of a said 70.154 acre tract;
THENCE South 88 degrees 45 minutes 44 seconds East with the South line thereof and
the North line of said 120 acre tract a distance of 352.58 feet to the PLACE OF
BEGINNING and enclosing 7.011 acres of land, more or less.
These Field Notes were prepared from an on-the ground survey performed under my
direction and supervision on 9-3-4.
Two n9_o7-o
1. E. Thompson II R. .S. No. 4857 Date
Page 6
Exbibit B
Location Map for Aspen Park Development
ETJ
ASPEN PARK
Page 7
EXHIBIT C
03STM
CRY OF OEWON
B.5 MIIE ETJ
ACRE T NU
DESCRIBED N E% Mff W
4000 FUTURE MUTUAL BOUNDARY DEPT.
Feet CITY OF DENTON, TX
SAOuT Documents\Contracts\05\Krum-Denton ETJ Release-Boundary Adjustment Agreement-Ldoc
Page 8
. a
ORDINANCE NO. 05 -0,
AN ORDINANCE OF THE CITY OF KRUM, TEXAS, APPROVING A
BOUNDARY ADJUSTMENT AGREEMENT ENTERED INTO BY AND'
BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM,
TEXAS TO BE EXECUTED BY THE MAYORS OF THE TWO CITIES;
PROVIDING FOR A RELEASE OF THE CITY OF DENTON
EXTRATERRITORIAL JURISDICTION FROM THE CITY OF DENTON TO THE
CITY OF KRUM OF THAT CERTAIN 7.011 ACRES OF LAND THAT IS LYING
WITHIN THE ASPEN PARK PHASE TWO THAT IS ADJACENT TO THE CITY
OF KRUM, TEXAS, LOCATED IN THE WESTERN SECTION OF THE CITY OF
DENTON EXTRATERRITORIAL JURISDICTION; IN DENTON COUNTY,
TEXAS SPECIFICALLY LOCATED AS SHOWN IN THE BOUNDARY
ADJUSTMENT AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to §42.023-42.025 of the Texas Local Government Code, home
rule cities are authorized to release extraterritorial jurisdiction over certain lands; and
WHEREAS, the City of Krum made a request of the City of Denton to release a certain
7.011 acre tract of land in Aspen Park Phase Two in the western section of Denton's
extraterritorial jurisdiction with the intent to annex said 7.011 acres of land as well as providing
water and wastewater utility service; and
WHEREAS, the City of Krum hereby authorizes the Mayor, or his designee, to execute
the Boundary Adjustment Agreement between the City of Denton and the City of Krum in
substantially the form of the Agreement which is attached to and made a part of this ordinance
for all purposes. The City Council hereby finds that the Agreement is the public interest.
SECTION 1
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jursdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the City Council hereby declares it would have passed such remaining portions
of this Ordnance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 2
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law.
IT IS £O ORDAINED.
ORDINANCE NO. b,5-aCO
PAGE 2
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS, THIS
G~'DAY OF s~ of< ml~e(- 2005.
Larry Lart nida, C ~
-`Mayf~/ /
ATTEST:
Ann Mills, TRMC,CMC
City Secretary
APPROVED A TO FORM:
Lance Va ant
City Attorney