Item Coversheet


CITY OF KYLE, TEXAS

Miller Berghammer - Development Agreement

Meeting Date: 3/21/2017
Date time:
7:00 PM

Subject/Recommendation:

Approve a development agreement pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, between the City of Kyle and Tim Miller and Ann Berghammer. ~ Howard J. Koontz, Director of Planning and Community Development

Other Information:

In 2016 during the annexation process, a number of chapter 43 and chapter 212 development agreements were authorized by the Council. One of these agreements included specific language that in hindsight proved to invalidate the document.

 

The Council first read the development agreements on April 5, 2016, and then again on April 19, 2016. The property owners had signed their development agreement on April 1, 2016, but the Mayor’s signature is undated.

 

According to specific language the property owners inserted into their development agreement, had the agreement not been adopted and signed by all parties prior to April 26, 2016, the entire agreement would not be valid. Because the Mayor's signature was not dated after Council approval, it couldn't be determined that both parties signed the agreement on or before April 26, 2016. The document is now suspected of being invalid because of this.

 

Therefore, the property owners have asked that an edited agreement with proper dates be voted and approved by the Council. That agreement is attached to this item.


Legal Notes:

N/A

Budget Information:

N/A



ATTACHMENTS:
Description
Berghammer Miller Kyle Development Agreement