File #: 24-1206    Name: Honey Creek MMD Consent Resolution (TCEQ Process)
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 2/6/2024 Final action: 2/6/2024
Title: Consider/Discuss/Act on a Resolution Consenting to the Creation of a Municipal Management District for the Honey Creek Development
Attachments: 1. Resolution
Title
Consider/Discuss/Act on a Resolution Consenting to the Creation of a Municipal Management District for the Honey Creek Development

Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1A: Establish regional infrastructure incentives to increase economic growth)

MEETING DATE: February 6, 2024

DEPARTMENT: Development Services

CONTACT: Michael Quint, Executive Director of Development Services
Mark Houser, City Attorney


ITEM SUMMARY:
* Republic Property Group, the developer for the Honey Creek property which is approximately 1,648 acres located within the city's northwest sector (west of US Highway 75 and north of US Highway 380), is seeking the City Council's approval of a resolution formally consenting to the creation of a Municipal Management District (MMD) subject to specific conditions being satisfied.

* On December 20, 2022, the City Council approved a resolution consenting to the creation of a Municipal Management District (MMD) via the legislative process at the State Capitol. However, while the bills establishing the proposed MMD have been approved by the Texas House and Senate, they have been vetoed by the Governor as part of unrelated political agendas. The bills have yet to be reconsidered as part of a special legislative session.

* Due to the delays with the State Legislature, the developer is now seeking other ways to establish the proposed MMD. The Texas Water Code and Texas Local Government Code allow the Texas Commission on Environmental Quality (TCEQ) to create a MMD as well. The proposed resolution, if approved by the City Council, will accompany the developers application to the TCEQ to create a MMD.

* The proposed resolution consenting to the creation of the MMD (the "District) restricts the authority of the MMD, if created by the TCEQ. Without prior consent of the City by ordinance or resolution, the MMD may not:

(a) Impose an ad valorem tax on property within the District; or
(b) Impose an impact fee with...

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