Board of Directors Regular Meeting Agenda


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Meeting Date: 12/05/2018  

SUBJECT MATTER:
Receive, consider and act upon an update regarding the request by Flair Builders, LLC. for annexation of a 50.5518 acre tract located North of Indian Hill Road;
FISCAL IMPACT:
It is not anticipated that this action will have any fiscal impact.  If, however, the Property is annexed by the Township, property tax revenues generated by the subject property would be used to fund the associated services that the Township would be obligated to provide.
BACKGROUND:
This item was deferred from the November 28 regular meeting agenda. The Township Board of Directors have  requested attendance of Flair Builders to provide additional information and respond to questions regarding the project.

Flair Builders, LLC ("Developer"), the developer of an approximately 50 acre tract of land (the "Property") located west of Section 18 and north of Sections 24 and 27 of The Village of Creekside Park within Harris-Montgomery Counties Municipal Utility District No. 386 ("MUD 386"), approached MUD 386 in November of 2013 requesting that the Property be annexed into the boundaries of that District, and that MUD 386 provide water, wastewater, and drainage services to the Property. MUD 386 adopted a Resolution Establishing Terms and Conditions for the Annexation and Provision of Services to Certain Properties dated January 22, 2015, a copy of which is attached to this summary, which set forth a number of conditions required for MUD 386 to favorably consider the annexation request. These conditions include, but are not limited to, the requirements that: (1) City of Houston consent to the annexation of the Property by the Township be arranged, (2) the Property be annexed contemporaneously by The Township, and (3) the restrictive covenants applicable to property within the Township property be irrevocably imposed upon the Property.


The Township Board of Directors was amenable to that annexation request and to satisfy the first of the foregoing MUD 386 conditions, the Property, along with other non-related tracts, was included in the Second Amendment to the Regional Participation Agreement (“RPA”) with the City of Houston, which was approved by the City in December of 2014. (a link to that 2nd RPA Amendment may found at http://www.thewoodlandstownship-tx.gov/DocumentCenter/View/4266/Houston-Regional-Participation-Agreement---2nd-Amendment?bidId=) While the other non-related tracts included in the Second Amendment to the RPA were later annexed into the Township, the subject Property was not at that time, as the Developer had not yet met all of the MUD 386's requirements, nor had it submitted a petition to the Township for the annexation. After working to satisfy the other MUD 386 required conditions, the Developer recently re-approached MUD 386 regarding the annexation request. Because contemporaneous annexation into the Township is a condition to MUD 386’s favorable consideration of the request, the Developer seeks an indication from the Township that it will still favorably consider the annexation.

Pursuant to its enabling legislation, the Township may annex land in accordance with Chapter 49, Texas Water Code (which includes the authority to add land upon the petition of a landowner) and Section 54.016, Texas Water Code (which requires the consent of the City of Houston to this annexation). The City of Houston has already given consent, since the Township included this Property was included within the territory covered by the RPA with the City of Houston.

The existing Township area within Harris County is subject to The Woodlands Association (TWA) restrictive covenants (the "Covenants"). Pursuant to Sections 6.01(c) and 6.02 of the Covenants, land may only be added to the property subject to the Covenants if The Woodlands Corporation, or its corporate successor or assignee, executes and files for record an instrument expressly stating the intention of The Woodlands Corporation to so annex, and describing such additional lands to be annexed. The Developer will need to The Woodlands Corporation's current successor's action to encumber the Property with the Covenants as a condition of Township approval.
RECOMMENDATION:
Authorize the President/General Manager to provide a letter to the Developer confirming the Township’s willingness to annex the Property upon satisfaction of the requirements and conditions imposed by MUD 386, including that the Property be subject to The Woodlands Covenants and include a requirement that appropriate pathway connectors to The Woodlands pathway system be part of the development plan. 

    

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