Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located South of Avondale-Haslet Road and East of Willow Springs Road (COUNCIL DISTRICT 7)

It is recommended that the City Council authorize the City Manager to execute five-year development agreements between the City and various property owners for the application of development standards in lieu of annexation for property located south of Avondale-Haslet Road and east of Willow Springs Road in unincorporated Tarrant County.

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.

Area 9-1 was included as part of Area 9 which was first considered for annexation in 2013.  While the majority of Area 9 was annexed, some owners of eligible properties accepted development agreements in lieu of annexation.  The non-annexed properties, now identified as Area 9-1 in the current (2018) five-year annexation program, are scheduled for annexation in early 2018.  Approximately 19.73 acres of land in Area 9-1, located south of Avondale-Haslet Road and east of Willow Springs Road in Tarrant County, qualify for a development agreement in lieu of annexation, as shown on Exhibit A.  The affected property owners were offered and, by signing, elected to enter into a development agreement in lieu of annexation.  The City has received signed contracts from J. L. Campbell, David A. Grant, Lester Hardin, and Danny McGuire.

The development agreement will provide for the enforcement of all regulations and planning authority of the City as they currently exist or may be enacted in the future.  Such regulations and authority which do not interfere with the use of the land for agriculture, wildlife management or timber use may be enforced with respect to the property.  Additionally, the property 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 causes the properties to be generally in compliance with development standards within the City limits.

All properties are in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7.

This M&C does not request approval of a contract with a business entity.