Council is being asked to hold a public hearing and to take action on a Resolution consenting to the creation of a new municipal utility district (MUD) in the City’s extraterritorial jurisdiction to be known as Parkside on the River Municipal Utility District No. 1 (the “District”) consisting of approximately 272.512 acres of land. This request is consistent requirements of the existing “Amended and Restated Consent Agreement Concerning the Water Oak Subdivision” which was approved by the City and became effective on January 11, 2012 (“Original Consent Agreement”), and which allows for up to two (2) “Successor Districts” in addition to the “First District” within a 1,354.715 (+/-) acre tract of land between SH 29 and RM 2243. Section 54.016 of the Texas Water Code and Section 42.042 of the Local Government Code provide that land within the extraterritorial jurisdiction of a municipality may not be included within a district without the municipality’s written consent. The purpose of this item is for the City Council hold a public hearing and consider giving its consent to the creation of the second of the three municipal utility districts contemplated under the Original Consent Agreement.
Background
The City gave its written consent to the creation of the First District when it approved the creation of Williamson County Municipal Utility District (WCMUD) No. 25 containing 249.79 acres on February 26, 2008 (see Attachment 1). This area is adjacent to RM 2243. On February 12, 2012, the City provided its written consent to annex an additional 256.42 acres into the boundaries of WCMUD No. 25. This area is adjacent to SH 29.
HM Parkside, LP, a Texas limited partnership, (the “Petitioner”) is now the owner of approximately 1,212 acres of land formerly owned by the developers of the Water Oak Subdivision, and Petitioner wants to develop it a separate subdivision to be known as “Parkside on the River.” On August 12, 2019, the Petitioner submitted to the City of Georgetown a petition for the consent to creation of a new MUD upon 272.512 acres of its land. The land is located in the extraterritorial jurisdiction of the City, within the boundaries of the land described in the Original Consent Agreement, and if the MUD is created, would be the second of the three MUDs contemplated under the Original Consent Agreement. This Petition meets the requirements of Section 2.02 of the Original Consent Agreement, which require the Petition to include the following:
(i) describe by metes and bounds the boundaries of the Successor District;
(ii) contain the Developer's express acknowledgement that the City's consent shall be subject to the terms and conditions of this Agreement and the Consent Resolution in the form attached hereto; and
(iii) include a copy of this Agreement as an exhibit to such petition.
Section 2.02 of the Original Consent Agreement also requires the City to “approve a resolution, consenting to the inclusion of said portions of the Land within one or more Successor District(s), for up to three (3) districts (inclusive of the First District)” within thirty (30) days of the submission of such petition. The section concludes, “The City agrees that the resolution will be deemed to constitute the City's consent to the creation of the each Successor District. No further action will be required on the part of the City to evidence its consent to the creation of a Successor District; however, the City agrees to provide any additional confirmation of its consent that may be required by the Developer or the First District or a Successor District if requested to do so.” The UDC requires the City Council to hold a public hearing on this item.
ATTACHMENTS
1. Location Map
2. Resolution with Attachments