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Agenda Packet TC 10/10/2006 - Special Session 1 Town of Trophy Club Town Council Special Session Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, October 10, 2006 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." B.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Town will enter into executive session relative to: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 [b]). (1) Extraterritorial jurisdiction, official boundary map, consent or denial of annexation and legal action regarding Town boundaries and water supply. B.2 Discuss and take appropriate action to adopt an Ordinance designating the Extraterritorial Jurisdiction of the Town and adopting an official map of the Town showing the Town’s boundaries and extraterritorial jurisdiction. B.3 Discuss and take all appropriate action regarding the approval or denial of consent to the proposed annexation of land into MUD 2, described as 12.2346 acres of Medlin Survey, A-832, as requested by Southwest TOA, LLC. D.1 Adjourn. 2 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.A.2 Invocation. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.B.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Town will enter into executive session relative to: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 [b]). (1) Extraterritorial jurisdiction, official boundary map, consent or denial of annexation and legal action regarding Town boundaries and water supply. (kcf) 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.B.2 Discuss and take appropriate action to adopt an Ordinance designating the Extraterritorial Jurisdiction of the Town and adopting an official map of the Town showing the Town’s boundaries and extraterritorial jurisdiction. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Ordinance 7 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AND DESIGNATING THE TOWN’S EXTRATERRITORIAL JURISDICTION (ETJ), EXTENDING FROM THE TOWN’S BOUNDARY APPROXIMATELY ONE HALF (½) MILE, AT ANY POINT, AND NOT CONFLICTING WITH THE ETJ OF SURROUNDING MUNICIPALITIES; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Section 42.021 of Texas Local Government Code provides that the extraterritorial jurisdiction (ETJ) of the municipality is the unincorporated area that is contiguous to the corporate boundaries of the Town and that is located within one mile (1) mile of those boundaries, for cities with a population no less than 5,000 and no greater than 24,999; and WHEREAS, the Town of Trophy, according to the 2000 Census, has a population of 6,350; and WHEREAS, the designation of extraterritorial jurisdiction is limited by the boundaries of neighboring cities and their designated ETJ’s; WHEREAS, the Town designated its extraterritorial jurisdiction as shown on Exhibit “A” and providing it does not conflict with an existing ETJ of a neighboring city, as provided in Section 42.022 of the Texas Local Government Code; WHEREAS, the Town Council has determined it is appropriate and necessary to delineate the corporate boundaries and the extraterritorial jurisdiction for the Town of Trophy Club, as reflected on Exhibit “A”, entitled “Town of Trophy Club Extraterritorial Jurisdiction Map”, a copy of which is attached hereto and incorporated herein; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 8 SECTION 2. ADOPTION A. A map designating the Corporate boundaries and the Extraterritorial Jurisdiction (ETJ) for the Town of Trophy Club, and all parts therefore, is attached hereto as Exhibit “A”, entitled “Town of Trophy Club Extraterritorial Jurisdiction Map”, which also reflects the corporate boundaries of the Town, and incorporated herein as if copied in its entirety. 1. Declaration: a. Distance of Extraterritorial Jurisdiction: Based on population, the Town’s extraterritorial jurisdiction extends one (1) mile from its boundary, providing it does not conflict with an existing ETJ of a neighboring city. A copy of the map shall be kept in the office of the Town Secretary and the Town Engineer. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to other such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY 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 jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. ENGROSSMENT & ENROLLMENT 9 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, the 10th day of October, 2006. Mayor Town of Trophy Club, Texas Effective Date: ____________________ [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas 10 Exhibit “A” Town of Trophy Club Extraterritorial Jurisdiction Map 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.B.3 Discuss and take all appropriate action regarding the approval or denial of consent to the proposed annexation of land into MUD 2, described as 12.2346 acres of Medlin Survey, A-832, as requested by Southwest TOA, LLC. EXPLANATION: TLGC § 42.042. CREATION OF POLITICAL SUBDIVISION TO SUPPLY WATER OR SEWER SERVICES, ROADWAYS, OR DRAINAGE FACILITIES IN EXTRATERRITORIAL JURISDICTION. (a) 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 be created 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 this subsection and the Water Code. In giving its consent, the municipality may not place any conditions or other restrictions on the creation of the political subdivision other than those expressly permitted by Section 54.016(e), Water Code. TWC § 54.016. CONSENT OF CITY. (a) No land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included in a district unless the city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district in accordance with Section 42.042, Local Government Code, and this section. We have reviewed the maps of both Southlake's and Flower Mound's ETJs. Southlake has annexed everything in their ETJ, and Flower Mound only has a small portion of ETJ to the northwest and a small bit to the southeast of their city limits. This would have left the property along Marshall Creek Drive in Westlake's ETJ. In 1986, the Towns of Trophy Club and Westlake entered into a boundary adjustment agreement (Denton County Document 4032 01599). This agreement gave the Town of Trophy Club the 10 foot strip of land controlled by Westlake and the subsequent ETJ attached to that strip. At this time the ETJ of Westlake would have extended 500 feet from the 10 foot strip. Based on this information, it appears that the Town does control this property from a development standpoint. In order for this property to develop it must comply with all of our development controls. We can not control land use (zoning) until the property is annexed. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Petition to Annex Certain Land into Trophy Club MUD 2 2. Order Approving Annexation of Land into Trophy Club MUD 2 12 13 14 15 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-10-2006 Subject: Agenda Item No.D.1 Adjourn.