Title
Consider/Discuss/Act on a Resolution Identifying the City’s Intent to Annex Approximately 127 Acres of Land Identified Herein Having a Population of Less Than 200 Persons Located in the John Emberson Survey - Abstract Number 294, and the Meredith Hart Survey - Abstract Number 371, and Including Adjacent Portions of FM 543 and CR 202, and Authorizing the City Manager to Execute Development Agreements in Association with the Proposed Annexation
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: June 20, 2023
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, Planning Manager
Kaitlin Sheffield, CNU-A, Senior Planner
Alan Lathrom, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed resolution.
ITEM SUMMARY:
• In accordance with Section 43.0682 of the Texas Local Government Code, the purpose of this Resolution is to initiate the annexation of approximately 127 acres of land with a population of less than 200 into the corporate limits of McKinney.
• The area proposed to be annexed can generally be described as the properties located at the northeast corner of FM 543 and CR 229 and the southeast corner of FM 543 and CR 202, including the adjacent roadways of FM 543 and CR 202.
• A portion of the proposed annexation area (south of FM 543) is currently subject to a pre-annexation development agreement that already contemplates annexation of the property into the city limits. However, the portions of the annexation area north of FM 543 are not subject to any pre-annexation agreements.
• Should the Resolution be approved by Council, Staff will move forward with providing required notices to residents and property owners within the annexation area, including notice of the initial public hearing, an explanation of the 180-day petition period, and a copy of the service plan.
• Should the Resolution be approved by Council, the initial public hearing will be held on July 18, 2023, pursuant to the requirements of Section 43.0684 of the Local Government Code.
BACKGROUND INFORMATION:
• The city-initiated annexation of land with a population of less than 200 is governed by Chapter 43, Sub-Chapter C-4 of the Local Government Code and may only be approved if the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area. If the registered voters of the area do not own more than 50 percent of the land, the petition may be signed by more than 50 percent of the owners of land in the area.
• Annexation pursuant to Chapter 43, Sub-Chapter C-4 of the Local Government Code, must comply with the following procedures (summarized from state law):
o Approval of a resolution stating the intent to annex the area.
The resolution must include a location map and description of the area proposed to be annexed and a description of each service to be provided by the municipality in the area should it be successfully annexed into the city.
o Mailed notice to affected residents and property owners.
Mailed notice must be sent to each resident and property owner in the area proposed for annexation that includes information about the initial public hearing, an explanation of the petition period, and a description of each service to be provided by the municipality in the area should it be successfully annexed into the city.
o Initial Public Hearing.
Following approval of the resolution and mailed notice to affected residents, an initial public hearing shall be held by City Council regarding the proposed annexation.
o Consent to Annex Petition.
Following approval of the resolution, mailed notice, and initial public hearing, the city has up to 180 days to collect signatures from the registered voters or property owners of the area proposed to be annexed. At the conclusion of the petition period, signatures shall be validated by the city and the petition results shall be provided to the residents and property owners within the proposed annexation area.
o Final Public Hearings.
Should the city receive signatures from more than 50 percent of the registered voters of the area or by more than 50 percent of the owners of land in the area, two additional public hearings shall be held by City Council to consider the annexation of the proposed area, pursuant to Section 43.0686 of the Local Government Code.
FINANCIAL SUMMARY:
• If the properties identified for annexation are, in fact, annexed into the City of McKinney, they will be subject to ad valorem taxes (property taxes) to the City of McKinney on an annual basis.
• Additionally, upon annexation, the City will be obligated to provide full municipal services as outlined in the service plan, attached.