The Waxahachie City Council on [meeting date] approved a resolution granting conditional consent to the creation of the Waxahachie Municipal Management District No. 1, enabling the developer to proceed with the district formation process while city staff and the developer negotiate a development agreement.
Steve Robinson, an attorney with Allen Boone Humphries Robinson LLP representing developer Minto, told the council that the consent is limited. “The nature of a conditional consent is exactly that. It is conditioned upon the completion of all of the agreements, including the development agreement,” Robinson said. He added that the council’s action would allow the developer to run the district‑creation process simultaneously with negotiations, but that “if we are unable to negotiate the development agreement successfully, we will not be able to utilize the district as is provided in that resolution.”
A council member moved to approve the resolution granting conditional consent and to authorize the interim city manager and/or the mayor to execute all necessary documents; a second followed and the motion passed. The resolution as presented referenced inclusion of “plus or minus” acreage into the district; the transcript described that acreage as roughly 3,011 acres. The council’s consent is explicitly conditioned on completion and approval of the underlying agreements, and the district cannot be used unless and until those documents are finalized.
During the discussion period a council member asked whether the item had been treated as a public hearing and whether members of the public had been given an opportunity to comment; it was clarified in the meeting that the item was not a public hearing and no public commenters spoke on the item.
The authorization directs city officials to finalize documents needed to proceed with the district-creation process while negotiations continue; final use of the district is contingent on a completed development agreement and any required approvals.