Title
A resolution repealing Resolution No. 01-2020 and adopting a resolution consenting to and evidencing support for creation of the Spradley Farms Improvement District of Kaufman County through the Texas Commission on Environmental Quality, to include approximately 621.998 acres of land, consisting of approximately 613.573 acres generally located south of Interstate Highway 20, north and east of FM 2757, and north and west of Union Hill Road, and approximately 8.425 acres generally located north of Interstate Highway 20 and southwest of Cimarron Trail, all of such property being located in Kaufman County, Texas, and within the corporate limits of the City of Mesquite, Texas, and providing an effective date.
(This item was postponed at the June 15, 2020, City Council Meeting.)
Body
At the June 8, 2020, City Council meeting, the City Council approved a Rule 11 Agreement and Settlement Agreement with Spradley Farms, L.C., as managing partner for Spradley Farms, LTD, which specifies agreed upon mediation terms and provisions. One of these provisions requires the City Council to approve a resolution to support the creation of the Spradley Farms Improvement District of Kaufman County (District) at the same meeting that the Council will consider an Amended Master Development Agreement.
This proposed consent and support resolution would repeal Resolution No. 01-2020 that the City Council earlier adopted on January 6, 2020, to withdraw support for the creation of the District so that City staff and the Developer could continue discussions on certain financing conditions of the development. Those discussions have since culminated in the form of an amended and restated Master Development Agreement.
If approved, this resolution would become a part of the supporting documentation for the property owner’s petition and revised application to the Texas Commission on Environmental Quality (TCEQ) to create the District, pursuant to Chapter 375, Texas Local Government Code (Chapter 375); and 30 Texas Administrative Code, Chapter 293.
While the District will later become a party to the Amended Master Development Agreement through a joinder after its creation by the TCEQ, both the revised TCEQ application and the Amended Master Development Agreement will change the composition of the District’s five-member board of directors to include two members appointed by the City Council.
The Rule 11 Agreement is not valid and enforceable unless the proposed resolution is approved by the City Council.
Recommended/Desired Action
Staff recommends approval of the resolution.
Attachment(s)
Resolution (will be provided prior to Monday’s Council meeting)
Drafter
Ted Chinn
Head of Department
David Paschall