Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located in Potential Annexation Areas 3-1, Located in Denton and Tarrant Counties, North of Westport Parkway and East of Heritage Parkway and 73-2, Located South of SH 114 and West of FM 156, AX-11-005, Adjacent to Council District 7 (FUTURE COUNCIL DISTRICT 7)

It is recommended that the City Council authorize the City Manager to:

1. Execute a Development Agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property in Area 3-1, located in Denton and Tarrant Counties, North of Westport Parkway and East of Heritage Parkway, AX-11-013, in the Far North Sector, future Council District 7; and

2. Execute a Development Agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property in Area 73-2, located South of SH 114 and West of FM 156, AX-11-005, in the Far North Sector, future Council District 7.

State law requires a municipality to offer Development Agreements in lieu of annexation to property owners who maintain a current agricultural tax exemption on property considered for annexation.  If a Development Agreement is signed, the property will retain its extraterritorial jurisdiction status until it loses its agricultural exemption or the Development Agreement expires, whichever comes first.

The five-year annexation program identifies two areas for annexation consideration this year where property owners have opted for Development Agreements in lieu of annexation, Areas 3-1 and 73-2. Approximately 491 acres of land in Area 3-1, located in Denton and Tarrant Counties, North of Westport Parkway and East of Heritage Parkway, qualify for a Development Agreement in lieu of annexation, as shown on Exhibit A.  The City has received signed contracts from the Lutheran Church Extension Fund-Missouri Synod, the Mount Olivet Cemetery Association, David Day, James Wiggins, Marzelle Harkness, Raymond Short, and Steven Short.

Also, approximately 852.04 acres of land in Area 73-2, located South of SH 114 and West of FM 156, in Denton County qualify for the Development Agreement in lieu of annexation, as shown on Exhibit B.  The City has received signed contracts from Doris Fenner, Bradley Judge, Jeffrey Judge and Anthony Peterson.

The affected property owners were offered and, by signing, elected to renew their Development Agreements in lieu of annexation.  The Development Agreement will provide for the enforcement of development regulations including: zoning and subdivision ordinances in accordance with the Comprehensive Plan, municipal building, mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum building standard codes, environmental protection/compliance and health codes, prohibitions on septic tanks, gas drilling and production ordinance and other City regulations as they currently exist or may be enacted in the future.  Additionally, the owners' consent to the jurisdiction of the City' s Municipal Court, boards and commissions to enforce City codes and regulations, as well as prosecuting criminal violations of City regulations.  The Development Agreement requires the properties to be generally in compliance with development standards within the City limits.

Areas 3-1 and 73-2 are adjacent to COUNCIL DISTRICT 7.