Title
Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute Development Agreements Associated with the City of McKinney’s Pending Annexation Proceedings Adjacent to and Around the McKinney National Airport
Summary
COUNCIL GOAL: Direction for Strategic Growth
MEETING DATE: February 16, 2016
DEPARTMENT: Development Services - Planning Department
CONTACT: Neil Rose, GIS Planner
Jennifer Arnold, Planning Manager
Alan Lathrom, Assistant City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed resolution.
ITEM SUMMARY:
• The proposed resolution authorizes the Interim City Manager to execute all development (pre-annexation) agreements associated with the City’s efforts to annex land generally located adjacent to and around the McKinney National Airport.
• Section 43.035 of the Texas Local Government Code outlines that before a municipality may annex property which is subject to an agricultural, wildlife management or timber land ad valorem tax exemption, the municipality shall first offer to enter into a development agreement pursuant to Section 212.172 of the Texas Local Government Code.
• Section 212.172 of the Texas Local Government Code, among other things, guarantees: (1) the ETJ status of the property can continue for a stated period of time unless any type of development plat or related development document for the property is filed with a government agency, whichever date occurs first; and (2) authorizes the enforcement of all regulations and planning authority of the City that do not interfere with the use of the property for agricultural, wildlife management or timber land purposes.
• A template of the offered development agreement is attached for reference. The anticipated execution of said agreements will follow the attached template; however final executed agreements may include minor modifications based on discussions with qualifying property owners. Minor modifications will not affect the intent of the agreement and will be reviewed and approved by the City’s legal counsel.
• Qualifying properties for which development agreements may be executed are reflected on the attached location map and aerial exhibit.
• Several of the property owners of the qualifying properties shown on the attached location map and aerial exhibit have agreed to execute a development agreement with the City of McKinney in accordance with Section 212.172 of the Texas Local Government Code.
BACKGROUND INFORMATION:
• The annexation of land is governed by Section 43 of the Texas Local Government Code. This code section outlines the steps and procedures that must be followed in order to incorporate land that is within a municipality’s extraterritorial jurisdiction (ETJ) into its corporate city limits. The proposed annexation is following these statutory obligations.
• The City Council has agreed that portions of its Extraterritorial Jurisdiction (ETJ) generally located adjacent to and around the McKinney National Airport should be annexed into its corporate limits.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A