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
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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: