Title
Approving a resolution directing staff to initiate non-annexation development agreement offers to eligible owners of land appraised for ad valorem tax purposes as land for agricultural use under Chapter 23, Tax Code.
Summary
Chapter 43 of the Local Government Code establishes the process for the annexation of land into the city limits. Chapter 43.035 requires that if a parcel sustains an agricultural exemption, the city must offer a non-annexation agreement and if declined, the city may then annex the parcel. Should the property owner decide to enter into the agreement, it becomes void upon the submittal of a preliminary plat, or other action that results in the parcel no longer having an agricultural exemption. As identified on the attached map, a number of parcels in the Pflugerville ETJ have entered into non-annexation agreements with the City. Approval of this resolution has no affect upon those agreements already established. The agreements are drafted based on the parameters required in the Local Government Code, Chapter 212 and run for a period of 35 years. The agreements also guarantee the continuation of the extraterritorial status of the area and authorize 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.
Should an agreement become void, or terminate, the City may then annex the parcel. The Local Government Code also provides that parcels with such non-annexation agreements are considered adjacent or contiguous to the municipality.
Status
Approving the resolution will direct staff to proceed with the process of notifying property owners generally west of the utility service area boundary and Melber Lane with agricultural exemptions that they may enter into a non-annexation agreement as provided in the summary above. The property owner will be required to formally accept or decline the agreement.
Deadline for City Council Action
N/A
Projected Future City Council Action
Later this fall, upon receipt of all of the responses, an item will come forward to accept the agreements.
Fiscal Impact
There is no fiscal impact as a result of these agreements.
Staff Recommendation
Staff recommends approval.
Drafter
Trey Fletcher, AICP
Assistant City Manager