Title
Approving a resolution with the caption reading: A Resolution of the City of Pflugerville, Texas consenting to the addition of road powers for New Sweden Municipal Utility District No. 1.
Summary
The New Sweden MUDs are generally located along the FM 973 corridor and along Brita Olson Road within the far-eastern portion of the City’s ETJ. Per the New Sweden Development Agreement, executed on March 14, 2007, the City agreed to the creation of up to three MUDs on land totaling approximately 1,000 acres. The City subsequently purchased the wastewater treatment and disposal TPDES permit from TCEQ for the construction, ownership, and operation of a wastewater treatment plant to serve New Sweden and the respective 10-acre future wastewater treatment plant site from 973 Wastewater Company in 2008. Since 2008, the City purchased an additional 62.6 acres of land in order to accommodate the future needs of the Cottonwood Wastewater Treatment facility, which is currently located in New Sweden MUD 1.
Since 2008, no development has occurred on the property and there is now renewed interest in the development of the New Sweden MUD 1. The original consent of the MUD did not include road powers and the developer would now like to pursue road powers for the benefit of the development and future Pflugerville Parkway. State law allows for a MUD district to petition for roadway powers in order to design, acquire, construct, finance, issue bonds for, operate, maintain, and convey for operation and maintenance, a road or any improvement in aid of the road, that will benefit the district.
In order to meet the timing necessary for the submittal of the request to the Texas Commission on Environmental Quality (TCEQ), the state agency charged with processing these requests, it shall be a condition of the City’s consent for road powers, that the District shall not issue bonds to finance any road improvements until the City and the owner of lands in the District enter into a development agreement pursuant to Section 212.172 of the Texas Local Government Code. This condition will allow the city to work with the developer to update the standards required for the development of New Sweden, and is anticipated to come before City Council for consideration in the Spring 2021.
It is also anticipated that in the Spring of 2021, staff will present to the Council plans to deannex the City property, purchased for a future wastewater treatment facility, from New Sweden MUD 1 and annex the future treatment facility property into the City limits.
Deadline for City Council Action
Action on this item is requested on December 8, 2020.
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Amount: __N/A______
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: November 18, 2020
Supporting documents attached:
Resolution
Location Map
Recommended Action
Approve as presented.