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HomeMy WebLinkAboutRES 051419-V - Shell Rd MUD AgmtsRESOLUTION NO. 051419-V A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, CONDITIONALLY CONSENTING TO CREATION OF A MUNICIPAL UTILITY DISTRICT OVER APPROXIMATELY 317.08 ACRES OF LAND, MORE OR LESS, GENERALLY LOCATED ALONG SHELL ROAD, NORTH OF THE INTERSECTION OF BELLAIRE DRIVE AND EXTENDING EAST AND WEST OF SHELL ROAD TO THE TERMINUS OF THE CITY IN GEORGETOWN, TEXAS, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN A "CONSENT AGREEMENT" BETWEEN THE CITY AND THE OWNER; APPROVING A RELATED PARKLAND IMPROVEMENTS AGREEMENT; MAKING CERTAIN FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Green Builders, Inc. ("Owner") is the owner of that certain property consisting of approximately 317.08 acres, more or less, generally located along Shell Road, north of the intersection of Bellaire Drive and extending east and west of Shell Road to the terminus of the City in Georgetown, Texas, which is more particularly described by metes and bounds and surveyors sketch attached as Exhibit A to the Consent Agreement attached to this Resolution as Attachment 1 fthe "Land"). WHEREAS, on or about May 3, 2018 Owner filed a Letter of Intent and Petition for Annexation of a 262.011 Acre Tract of Land in Williamson County, Texas WHEREAS, the Land was annexed into the city limits of the City of the Georgetown, Texas via Ordinance No. 2019-19 adopted by the City Council of the City of Georgetown, Texas on March 26, 2019. WHEREAS, on or about February 7, 2019 Owner also filed a Petition for Consent to Creation of a Municipal Utility District requesting the consent of the City Council of the City of Georgetown, Texas to the creation of a municipal utility district on the Land. WHEREAS, Owner and the City have agreed to the creation of one (1) "in -city" or "city service" municipal utility district pursuant to Section 54.016 of the Texas Water Code, subject to the terms and conditions of the Consent Agreement attached hereto as Attachment 1. WHEREAS, the City and Owner have also entered into that certain Parkland Improvements Agreement ("PIA") which is attached to Attachment 1 as Exhibit F 100010536 / v / / CM / MUDS / 05/01/2019) Resolution No. 051419-V Shell Road MUD (or WCMUD No. ) Conditional Approval of Creation Per Terms of Consent Agreement and Parkland Improvements Agreement Page 1 of 3 pertaining to Parkland Improvements (defined in the PIA) to be constructed on the Parkland (defined in the PIA) on the Land, which agreement is additional consideration for the City's consent to creation of a municipal utility district on the Land. WHEREAS, the City and Owner have also reached agreement regarding certain utility and transportation matters pertaining to, among other things, the financial contribution to, and/or construction of, certain utility and transportation public improvements and the provision of city services to the Land as additional consideration for the City's consent to creation of a municipal utility district on the Land WHEREAS, the City Council held a public hearing on May 14, 2019 on Consent Agreement, including the PIA attached thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: 1. The City Council hereby finds that the foregoing recitals are true and correct and the recitals are hereby incorporated into this Resolution by reference for all purposes as set forth in full. 2. The City Council hereby approves the Consent Agreement attached hereto as Attachment 1, including the PIA attached thereto as Exhibit K. 3. The City Council hereby grants its conditional consent to creation of a municipal utility district on the Land, as those conditions are set forth in the Consent Agreement attached hereto as Attachment 1. 4. The Mayor is authorized to sign this Resolution, the Consent Agreement attached hereto as Attachment T, and the PIA attached to Attachment 1 as Exhibit F, and the City Secretary is authorized to attest. 5. This Resolution shall be effective immediately upon its adoption. Attachment List: Attachment 1- Consent Agreement PASSED AND APPROVED on the -1v- day of 2018. ATTEST: THE CITY OF GEORGETOWN: 100010536 / v / / CM / MUDS / 05/01/2019) Resolution No. 051419-V Shell Road MUD (or WCMUD No. ) Conditional Approval of Creation Per Terms of Consent Agreement and Parkland Improvements Agreement Page 2 of 3 Robyn D6smore City Secretary APPROVED AS TO FORM: 6- � 04, �, Charlie McNab , City Attorney Dale Ross Mayor 100010536 / v / / CM / MUDS / 05/01/20191 Resolution No. 051419-V Shell Road MUD (or WCMUD No. ) Conditional Approval of Creation Per Terms of Consent Agreement and Parkland Improvements Agreement Page 3 of 3