Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

Home Browse Search

to the creation of two municipal utility districts over the portion of the Property within the City's ETJ,which consent shall be governed by the Consent Agreements.The Districts will be authorized to exercise all powers granted to municipal utility districts pursuant to Article XVI, Section 59 and Article III, Section 52 of the Texas Constitution, Chapters 49 and 54, of the Texas Water Code, and all other applicable laws and regulations presently existing or hereafter enacted. These powers shall include but not be limited to the power to design,construct,and issue bonds for the purpose of water,sewer,drainage, roads and, to the extent authorized by law, parks and recreational facilities. Section 4.04 Temporary Housing. Developer and Owners may utilize manufactured or other forms of temporary housing,trailers,or buildings on the Property for each District's creation and confirmation process, during the construction phases of the Project, and for a sales office ("Temporary Housing"). Temporary Housing may be located on any site within the Property for such purposes regardless of whether the land has been subdivided in accordance with this Agreement. No permits shall be required from the City relating to the construction,placement,or use of such structures within the Property. The City shall not be obligated to provide water, sewer, electric or trash service to the Temporary Housing. Temporary Housing related to District confirmation shall be removed within thirty (30) days after the applicable confirmation election is completed, or as soon as practicable thereafter. Temporary Housing for sales office shall be removed within thirty (30) days that said unit ceases to be used as a sales office. Temporary Housing for construction purposes shall be removed within thirty (30) days that said unit ceases to be used for construction purposes during the construction phases of the Project. Section 4.05 Revisions to Concept Plan/Agreement. Due to the fact that the Project comprises a significant land area and its development will occur in phases over a number of years, Developer and Owners may implement changes to the Concept Plan. Developer, or one or more Owners, may request amendments to the Agreement and/or the Concept Plan from time to time. Major Amendments to the Concept Plan shall require approval by the City Council, which approval shall not be unreasonably withheld, conditioned, or delayed. Minor Amendments shall be administratively approved by the Director,which approval shall not be withheld.A"Major Amendment" is a change to the Concept Plan that results in converting more than ten percent (10%) of the land not currently shown on the Concept Plan as commercial, multifamily, or industrial use to commercial, multifamily, and/or industrial use. A "Minor Amendment" is an amendment that does not meet the definition of Major Amendment, including but not limited to changes in land use, location, or configuration. If the Director and Developer or Owner dispute the classification of an amendment as "major" or "minor", the issue shall be referred to the City Manager for determination from the provisions hereof. If the City Manager and the Owner or Developer dispute the classification of an amendment as major or minor, the issue shall be referred to the City Council for final determination of whether the amendment is "minor" or "major." If the classification of the disputed amendment is determined to be a Major Amendment,the Council shall decide separately 960915_5