(a)
The city council is hereby authorized
to negotiate and enter into agreements (“development agreements”)
with landowners to govern the development of property within the city’s
extraterritorial jurisdiction (ETJ).
(b)
The city council may enter into a
development agreement if all of the property either was within the
city’s ETJ within six months prior to the development agreement;
and/or, pursuant to a provision in the development agreement, the
landowner requests that areas not within any city’s ETJ be included
within the city’s ETJ. The city may enter into a single agreement
governing a number of tracts of land owned by different landowners
with no minimum area requirement.
(Ordinance 2021-04-19-02 adopted 4/19/21)
(a)
Development agreements entered into
pursuant to this article may address any of the following issues:
(1)
Consent of a landowner to the release
of property from another city’s ETJ and the transfer of the
property to the city’s ETJ;
(2)
Whether a landowner will consent
to or apply for annexation of the property into the city;
(3)
Whether a landowner will waive or
assert rights under Texas Water Code section 26.179;
(4)
Zoning, design rules and development
regulations for the property;
(5)
The dedication of land or the imposition
of restrictive covenants on land for public or municipal purposes;
(6)
Consideration by the council, zoning
and planning commission, board of adjustment, city building commission,
or other city agency of variances or amendments to city ordinances;
(7)
Applicable dates for purposes of
subchapter I of the Texas Government Code, section 481.141 et seq.,
or other similar statutes that may be enacted in the future, provided
that any such date is reasonably related to the circumstances of the
agreement, but further provided that the agreement may specify the
effective date of the agreement itself as the applicable date;
(8)
Remedies for breach of the agreement,
subject to the requirements set forth below;
(9)
Types of security to be provided
by a landowner to ensure construction of improvements according to
the terms of the agreement, if any;
(10)
A conceptual plan for development
of the property, including the elements required to be included in
such a plan;
(11)
Payment of development fees or contributions
to trust funds by the landowners;
(12)
Any other provisions not contrary
to applicable law.
(b)
Notwithstanding the foregoing, a
development agreement shall not require the city council, the zoning
and planning commission, board of adjustment, city building commission,
or any other city agency or any city official to approve any application,
permit, use, variance, or design, or to vote in favor of or against
any ordinance, permit, recommendation, or resolution if such approval
or vote would violate applicable state law.
(c)
Permissible remedies.
(1)
The sole remedies available to a
landowner entering into a development agreement, in the event of nonperformance
by the city or any of its agencies, shall be limited to the following:
(2)
The agreement may limit the landowner’s
remedies to less than those set forth above.
(3)
The agreement shall not provide for
the payment by the city or any of its agencies of monetary damages.
(4)
The agreement may specify the obligations
from which a landowner is relieved in the event of nonperformance
of any specific obligation placed on the city under the agreement.
(5)
Subject to section 22.03.001(b) of this article, the agreement may provide that an obligation of a landowner under the agreement is conditional upon the approval of the city or any of its agencies of a permit, application, or other benefit requested by the landowner, provided that the landowner’s obligation does not otherwise arise under local, state, or federal law.
(6)
The agreement may provide procedures
for resolving disputes between the parties to the agreement, including
the submission of disputes to arbitration, mediation, or some other
alternative dispute resolution procedure, and the city may agree to
pay some or all of the costs of such dispute resolution procedure.
(Ordinance 97-11-17-1, sec. 2, adopted 11/17/97)
Every development agreement entered
into pursuant to this article, whether or not it contains a reference
to this article, incorporates the provisions of this article into
its terms, and any terms of such agreement contrary to this article
are void.
(Ordinance 97-11-17-1, sec. 3, adopted 11/17/97)
(a)
Hearing.
The city council shall hold a public hearing on all
proposed development agreements and shall only take a vote on a proposed
agreement at a subsequent council meeting. Notice shall be given to
the public in the manner set forth below before both the public hearing
and the meeting at which the city council takes action.
(b)
Notice.
(1)
By publication.
Notice of a public hearing or a meeting
of the council to consider voting on a proposed development agreement
shall be published on the city’s website at least ten (10) days
prior to the date set for such public hearing or council meeting.
The notice shall state the time and place of the public hearing or
council meeting and shall contain a description of the matter to be
considered.
(2)
Written notice to property owners.
Written notice of such public hearing
or council meeting shall be given to the owners of all real property
located within two hundred (200) feet of the property on which development
agreement is proposed. Notice shall be given not less than fifteen
(15) days before the date set for the public hearing or the council
meeting either by personal service or by depositing a copy of the
notice in the mail addressed to each owner at the address shown on
the appraisal district’s website. Such written notice shall
be in addition to notice by publication and shall contain the same
information.
(Ordinance 2021-07-19-03 adopted 7/19/21)
Landowners are encouraged to meet
with surrounding property owners virtually or in person to discuss
the proposed development and receive input from the other property
owners prior to the public hearing required under this article.
(Ordinance 2021-07-19-03 adopted 7/19/21)
