Title
Approving a resolution authorizing the City Manager to execute non-annexation development agreements to eligible and willing property 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 has 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 extraterritorial jurisdiction (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 45 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.
A map of the properties proposed to be subject to non-annexation development agreements are shown on Exhibit "A."
Deadline for City Council Action
N/A
Projected Future City Council Action
Staff completed the first phase of offering these agreements to eligible property owners generally within the City's Service Boundary, the eastern most extent of the Wilbarger watershed. Due to the amount of agricultural exempt properties within the City's ETJ outside of the City's Service Boundary as reflected in the 2030 Comprehensive Plan, and the shifting of departmental priorities, staff intends to delay additional staff initiated non-annexation development agreements until requested by City Council.
Fiscal Impact
There is no fiscal impact as a result of these agreements.
Staff Recommendation
Staff recommends approval.
Drafter
Emily Barron, AICP
Planning Director