City of Jarrell, TX DEVELOPMENT AGREEMENTS

General.

Words and phrases used in this article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the Code of Ordinances, shall be given the meanings set forth in the code. Words and phrases not defined in the Code of Ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.

(b)

Specific.

Applicant.

A person or entity who submits to the city a request for a development agreement, as authorized by this article, and Texas Local Government Code section 212.171, et seq., as may be amended. To be qualified as an applicant under this article, the person or entity must have sufficient legal authority or proprietary interests in the land to commence and maintain proceedings under this article. The term shall be restricted to include only the property owner(s), or a duly authorized agent and representative of the property owner. In other jurisdictions, the term is sometimes referred to as the “developer,” “subdivider,” “builder,” or a similar title.

City limits.

The incorporated municipal boundary of the city.

P&Z.

The planning and zoning commission, an appointed advisory board of the city.

(Ordinance 2009-026, ex. A, sec. 2, adopted 10/27/09)

(a)

Objectives.

Development agreements executed by the city pursuant to this article may:

(1)

Guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the city for a period not to exceed fifteen (15) years;

(2)

Extend the city’s planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized;

(3)

Authorize enforcement by the city of certain municipal land use and development regulations (e.g., zoning and building codes) in the same manner the regulations are enforced within the municipality’s boundaries;

(4)

Authorize enforcement by the city of land use and development regulations other than those that apply within the municipality’s boundaries, as may be agreed to by the landowner and the municipality;

(5)

Provide for infrastructure for the land, including:

(A)

Streets and roads;

(B)

Street and road drainage;

(C)

Land drainage; and

(D)

Water, wastewater, and other utility systems;

(6)

Authorize enforcement of environmental regulations;

(7)

Provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties;

(8)

Specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or

(9)

Include other lawful terms and considerations the parties consider appropriate.

(b)

Requirements for agreement.

An agreement must:

(1)

Be in writing;

(2)

Contain an adequate legal description of the land;

(3)

In those instances involving a “planned development district,” be publicly considered by the P&Z;

(4)

Be subject to a public hearing;

(5)

Be approved by the city council and the landowner; and

(6)

Be recorded in the real property records of the county.

(c)

Extensions.

The parties to an agreement may renew or extend it for successive periods not to exceed fifteen (15) years each. The total duration of the original agreement and any successive renewals or extensions may not exceed forty-five (45) years.

(d)

Binding nature of agreement.

The agreement shall be binding on the city and the landowner and on their respective successors and assigns for the term of the agreement. The agreement may be considered a “permit” for purposes of compliance with Texas Local Government Code chapter 245.

(e)

Expenses.

The city shall require the applicant to reimburse the city, or place a sum in escrow, for payment of all of the city’s expenses related to preparation of the agreement, including administrative costs and professional services fees.

(f)

Notice.

(1)

The city must provide written notification of the first public hearing or public meeting of the P&Z at which the proposed agreement will be considered.

(2)

General notice must be published in the form of an announcement in the city’s official newspaper. Notice must be given not more than thirty (30) nor less than fifteen (15) days prior to the hearing/meeting.

(3)

Personal notice must be provided to each property owner within two hundred (200) feet of the periphery of the land subject to the agreement. Notice must be given not more than thirty (30) nor less than fifteen (15) days prior to the hearing/meeting. When delivering notice by mail, three (3) days shall be added to the prescribed time period. Property owners shall be those identified by the most recently approved property tax records of the county. Personal notice may be served by:

(A)

Hand delivery;

(B)

Registered or certified U.S. mail;

(C)

Overnight mail; or

(D)

Such other manner reasonably calculated to provide notice as approved in advance by the city manager.

(g)

Approval.

(1)

Review and consideration by the P&Z is only required in those situations where the agreement creates a planned development district. Should the agreement create a planned development district, the agreement shall first be submitted to the P&Z. If the agreement shall operate under pre-existing zoning classifications, submission to the P&Z is not required.

(2)

Following a public hearing, in those situations where the agreement creates a planned development district, the P&Z shall consider the agreement and make a recommendation to the city council prior to final action by the city council.

(3)

For those agreements not creating a planned development district, the city council shall hold at least one public hearing prior to approval.

(4)

Factors to be considered by the city in approving an agreement include, but shall not be limited to:

(A)

Public benefits;

(B)

Adequate environmental protection;

(C)

Burden on city’s infrastructure;

(D)

Consistency with the city’s comprehensive plan;

(E)

Conformance of the agreement with the intent and purposes of city regulations; and

(F)

Fiscal impact of the agreement and resulting development on the city.

(5)

The city’s approval of an agreement shall take the form of an ordinance approved by the city council directing the mayor to execute the agreement on behalf of the city.

(6)

The city secretary shall be instructed to publish the agreement in and among the official records of the city.

(7)

The applicant shall be instructed to file the agreement in and among the official records of the county.

(Ordinance 2009-026, ex. A, sec. 3, adopted 10/27/09; Ordinance 2020-0728-07 adopted 7/28/20)