Loading...
20-R-116 - Authorizing the City Manager to sign and Execute Development Agreement Extensions in Relation to development agreements entered into July of 2010RESOLUTION NO. 20-R-116 A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE DEVELOPMENT AGREEMENT EXTENSIONS IN RELATION TO DEVELOPMENT AGREEMENTS ENTERED INTO JULY OF 2010 WHEREAS, Texas Local Government Code Section 43.016 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, in 2010 the City of Schertz offered Development Agreements to property owners for a period of 10 years at which time the agreement was set to expire the first group expiring in July of 2020; and WHEREAS, due to the nationwide and statewide declaration of public health emergency related to COVID -19, which impacted the city's ability to reach out well in advance to discuss the expiration of the delayed annexation agreements and the resulting annexation of the properties under said agreements with the property owner; and WHEREAS, City staff has recommend to the City Council that Development Agreement Extensions be offered to the property owners with existing Development Agreements in order to delay the annexation of their properties for a term not to exceed January 1, 2024 with the City concluding all annexation proceedings commenced under these Development Agreement Extensions before December 31, 2024; and WHEREAS, City staff has communicated with and received signed Development Agreement Extensions from all property owners within the July Expiration group; listed as Exhibit A and shown on Exhibit B and WHEREAS, the City desires to allow the City Manager to sign and execute Development Agreement Extensions with all property owners with original Development Agreements expiring in July of 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby authorizes the City Manager to offer to qualifying landowners, and to execute and deliver, a Development Agreement Extension with such landowners identified in Exhibit A and Exhibit B in substantially the form set forth on Exhibit C, to be completed with the name of the property owner (s), the legal description of the property, the county in which the property is located, the property owner's notice address, and the date of the Development Agreement Extension. Development Agreement which otherwise varies from the attached Form Development Agreement must be approved by the City Council. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of October, 2020. CITE," OF SCHERTZ, TEXAS .1�aI�- C- mtierreAvor -- ATTEST: City Secretary, Brenda Dennis EXHIBIT A (List of Property Owners within the July Expiration Group) Current Property Parcel Effective Termination Ord. No. Owners Property Address Acres County IDs Date Date 10 -A -20 Bernice Jarzombek 13880 Dusty Flds 8.85 Bexar 339772 July 20, 2010 July 20, 2020 10 -A -20 Bernice Jarzombek 13880 Dusty Flds 2.3 Bexar 339773 July 20, 2010 July 20, 2020 Estate of Howard Schaefer and Estate of No Address Provided 10 -A -19 Alice on CAD 25.39 Comal 75463 July 6, 2010 July 6, 2020 Estate of Milton W Schaefer and Estate of 10 -A -19 Melinda Birdsong 6335 FM 482 Estate of Milton W 74.99 Comal 79012 July 6, 2010 July 6, 2020 Schaefer and Estate of No Address Provided 10 -A -19 Melinda Birdsong _ on CAD Evelyn Zuercher 13597 1 10 E 5.01 Comal 75462 July 6, 2010 July 6, 2020 10 -A -20 35.32 Bexar 339362 July 20, 2010 July 20, 2020 Friesenhahn RVCBL No Address Provided 10 -A -19 LFTM TRST ET AL on CAD 1.13 Comal 78923 July 6, 2010 July 6, 2020 Friesenhahn RVCBL No Address Provided 10 -A -19 LFTM TRST ET AL Gerald Clayton and on CAD 0.573 Comal 374148 July 6, 2010 July 6, 2020 10 -A -20 Susan F Cutshall 13782 Dusty Flds 20.3 Bexar 339744 July 20, 2010 July 20, 2020 Gerald Clayton and 10 -A -20 Susan F Cutshall Dusty Flds 1.69 Bexar 1050203 July 20, 2010 July 20, 2020 Howard and Alice No Address Provided 10 -A -19 Schaefer on CAD 0.91 Comal 79018 July 6, 2010 July 6, 2020 Howard and Alice 10 -A -19 Schaefer 6185 FM 482 30.98 Comal 79017 July 6, 2010 July 6, 2020 Howard and Alice No Address Provided 10 -A -19 Schaefer on CAD 24.66 Comal 75468 July 6, 2010 July 6, 2020 Jerome G and Debra J I 10 -A -20 Kiolbassa Joe J and Jeanette 13825 Dusty Flds 3.01 Bexar 340030 July 20, 2010 July 20, 2020 10 -A -20 Vrana 13915 Dusty Flds 10.811 Bexar 339348 July 20, 2010 j July 20, 2020 10 -A -20 Julian Cano 13597 Ih 10 E 32.7 Bexar 339359 July 20, 2010 July 20, 2020 Martin and Jana No Address Provided 10 -A -19 Friesenhahn on CAD 8.74 Comal 374146 July 6, 2010 1 July 6, 2020 Martin and Jana No Address Provided 10 -A -19 Friesenhahn on CAD 1.65 Comal 374145 July 6, 2010 July 6, 2020 Martin and Jana 22900 Old 10 -A -19 Friesenhahn Nacogdoches Road 2.47 Comal 374144 July 6, 2010 July 6, 2020 Martin and Jana No Address Provided 10 -A -19 Friesenhahn on CAD 7723 Trainer Hale 1.04 Comal 374147 July 6, 2010 July 6, 2020 10 -A -20 Raul Martinez Road 14210 Ih10 E 14.75 Bexar 339341 July 20, 2010 339353 July 20, 2010 July 20, 2020 10 -A -20 Riedel Acquisition LC 85.03 Bexar July 20, 2020 Rockie and Lashanda 7783 Trainer Hale 10 -A -20 Carter Road 19.92 Bexar 339771 July 20, 2010 July 20, 2020 w OL Z U! ON 3 0 Lo O OO_ Q (n Y L J J Q Q Qi� flo � \ O w, - x Q Y Q a o l \ 's S:R p mem PLC@$ o , Q: -4 m 0 ° o O y Q L m m W Q y `s Q O \ wf Z W i W W w S ¢ w w W a=z OU' Q Z N Z U >�m3 w OL Z U! ON 3 0 Lo O OO_ Q (n Y L J J Q , V V W Q Y Q a o o p p mem WZ y Q L m m W Q y `s Q O Z Z Z W W Wj Z W w OU' Q Z N NYZ o V -j z o O�z f °� yy oQa m m O fag d o 0 4 L) ? U U W W Z Z�S K N N�Z N N e ¢oI= Q Q Q � � O Ill fn ozaw Q >Z W W p p u Q O 0 m N w w� N m V V O Q Q Q D 2 2 N o o<o �in< L / O 0 LL / Y 9 9 N W 7 O U N - / O � O N N U } Q W 4 Q ° W �Q = ¢ ¢D a _a = t N C V Via' Q E ' Q Q Q�Z L O J N N S S O 3 L O y H H t tJLU '' � �Q O o o�C a 0 Q ' 'Q'x3 4 ° to 3 J IS C .(D E E t ,� 3j2N b L • c 0 , �, - a o�g5 f f II O N 0 N O \ I d Q c �w fV \ _ (J 2 Q W M o W Q Q C, U 2 � Q 0) 0 w Q�G ° O LL ❑ 2,% \ ! W U 0 0 N O D1 C f4 L U O Z 4) co C f0 t P 3 3a� O y0 d JWg-gM Zfl�OmLLod OW °W°y_ e=m�m�g y¢y�3 U \ J6� 0 v 3: w a � U a a oLLz MS a N 6 > Us� O y y� U a .r ` Q Q W T J Z 3C ¢ Z J W �y OO U \ O W U) Z 6 E ^. 9 P y U) cugeo �' SGN 051 d UNNAMEDS� -- r `7 ryJ Q � C EN rw MU ' p q e e .; C �aJ Oa E LIJ aECU L��a .al NI a IN a ASIA ASIA °° a F.M CD J U) U 'qffi pp lu U OLL 5� 07 \ m� \ J6� 0 3: w L a a oLLz MS a �W< i 76 Cl, Us� cn y� 0 iS y Q Q W T Z 3C Z J W �y OO m_° Q U \ O i� ii w LL w� ma2 a/ 2m °eaof ^. 9 P y U) cugeo �' SGN 051 UNNAMEDS� -- r tl ryJ 1 � � 07 \ m� \ J6� c� O a 76 Cl, r i� ii 1v Q h UNNAMEDS� -- Oco zf�', -rfg� \ tl ryJ ca xxu9 �,xx i is rw MU ' p q e e VYSO �aJ LIJ aECU L��a .al NI a IN a ASIA ASIA °° a F.M 'qffi pp lu OLL p ti Fp' m2IO exx .p » �� ZWWy ogxazxo �W Wm O C 2y�Wm y i * ELLko WWy LU y��e mxx° :t O``i C ae� W� O q U'e <3OW kyE m2Q0 > �c Ca WWm Z Q I- C f 0IS i'2° q�qyayly U a f!J = ; O p� � 6 mod' �v :Xt �S it O G� \G� xx 2.O -U° a O)Zh FuiQW9 ASSA Q T < oW WW O, 1-1 oyyjW3- O Owl a a y $ G@@ ° a Q $ raP��' ._. LO Z ,nl N @@@@a LL C \ i EXHIBIT C (Development Agreement Extension Example) DEVELOPMENT AGREEMENT EXTENSION This DEVELOPMENT AGREEMENT EXTENSION ( "Extension "), dated , 2020 ( "Effective Date "), made by and between the CITY OF SCHERTZ, TEXAS, a home rule municipality located in Guadalupe County, Texas ( "City "), and [Property Owners Namel ( "Landowner "), collectively ( "Parties "); WHEREAS, Landowner owns certain real property located in [County in which the property is in] County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property "); WHEREAS, Texas Local Government Code Section 43.016 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, the Parties entered into a Development Agreement that both agree satisfies the requirements of Texas Local Government Code Sections 43.016 and 212.172 and as attached hereto as Exhibit B; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, the Parties desire to enter into this Extension, pursuant to Sections 212.172 and 43.016 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period of years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Schertz City Council authorized and approved this Extension at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Schertz on NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the Parties hereto agree as follows: PURPOSE The Agreement entered between the Parties was for a period of ten (10) years, after which the City was to begin the process of annexation. In March of 2020, a nationwide and statewide declaration of public health emergency was declared by President Trump and Governor Abbott respectively. Such declarations significantly limited the ability of the City and Landowner to adequately discuss and/or negotiate the annexation of the Property in a manner satisfactory to the Parties. There exists a possibility that the City will begin a review and possible update of the Comprehensive Plan that could influence the future land use in the City. Because of the foregoing factors, the Parties agree that it is in the best interest of the Parties to continue the extraterritorial status of the area for a certain time and authorize the continued enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. Therefore, the Parties hereby agree that the Original Development Agreement attached hereto as Exhibit B is hereby extended for a period of two (2) additional years from the effective date. Any terms and conditions of the Original Development Agreement not amended herein shall remain in effect for the duration of the Extension. Section 1. Citv Covenants remains and is amended by adding the following: The Parties agree that with respect to municipal services, Exhibit C shall constitute a negotiated written agreement regarding services for purposes of voluntary annexation pursuant to the Agreement, and as required by Local Government Code Section 43.0672 Section 2. Landowner Covenants remains and is amended as follows: references to Local Government Code Section 43.035(b)(1)(B) shall be Local Government Code Section 43.016(b)(1)(B) as Redesignated by Acts 2017, 85th Leg., 1St C.S., ch.6 (S.B.6), Section 9, effective Dec. 1, 2017. Section 3. Remedies: No Vested Ri�-,hts remains and is amended as follows: the reference to Local Government Code Section 43.035(b) shall be Local Government Code Section 43.016(b) as Redesignated by Acts 2017, 85th Leg., 1St C.S., ch.6 (S.B.6), Section 9, effective Dec. 1, 2017. Section 4. Eminent Domain remains unchanged Section 5. Term: Annexation at End of Term remains and is amended as follows: (a) The term of this Extension is the earliest to occur of (i) January 1, 2024, (ii) [unchanged] (iii) [unchanged] (iv) [unchanged] (b) [unchanged] (c) [add] The City shall conclude any Annexation proceedings commenced under the terms of this Agreement before December 31. 2024 unless an earlier conclusion is required by an applicable statutory timeline. Section 6. Initial Zoning Upon Annexation is amended as follows: Upon annexation the property shall be zoned in accordance with the uses and procedures set forth in the City's Comprehensive Land Plan and Unified Development Code. Section 7. Sale of Land; Chan e in Exemption Status remains unchanged Section 8. Recordation remains unchanged Section 9. Subsequent Chan <,.e in Law remains unchanged Section 10. Survival remains unchanged Section 11. No Implied Waiver remains unchanged Section 12. Successors and Assigns remains and is amended as follows: [add] The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. Section 13. Approvals or Consents remains unchanged Section 14. Addresses and Notices is amended as follows: If to the Landowner: Properyt Owners Name Property Owners Mailing Address Section 15. Severability remains unchanged Section 16. Merger remains unchanged Section 17. Cooperation remains unchanged Section 18. GoverninL, Law remains unchanged Section 19. Counterparts remains unchanged [the remainder of this page intentionally left blank] IN WITNESS WHEREOF, by the Parties hereto have executed this Extension by duly authorized representatives, all as of the Effective Date first above written. Cam: CITY OF SCHERTZ, a Texas municipal corporation Name: Mark Browne City Manager Date: THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 2020 by Mark Browne, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: THE LANDOWNER: By: Name: Date: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2020 by rPrope Owners Name] . (SEAL) Notary Public in and for The State of Texas My Commission Expires: