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O-2017-4745 - 9/14/2017 ORDINANCE NO. 0-2017-4745 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 114.47 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home-rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 114.47 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and 0112/1704;00385030/ss2 WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights-of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on July 22, 2017; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on August 12, 2017; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on August 10, 2017; and WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on August 24, 2017; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and 2 WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. 3 IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed, as required by law. VII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted 4 the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ, PASSED, and ADOPTED on first reading this day of AAA VJ )p -- 2017. Alternative 2. READ and APPROVED on first reading this the day of , 2017. READ, APPROVED and ADOPTED on second reading this the day of , 2017. 5 CRAI O GAN, MVexas r City of Ro nd Roc ATTEST: SARA L. WHITE, City Clerk 6 Legend St^ County Boundary R'` ' 125 .--�~ :, `'` �� Incorporated City Subdivisions -663 Local Streets 0 R43265► °t1i il, Abstracts/Surveys Highways County Roads R51 C18+ River Water Body R510-6o Parcel Boundary Cxt K391706 "6 k M 55B27 R056314 R327 1 firms �-- X31 - R0563!P 2-1 Hickerson-Keith Tract Th:s map is a user generated static output:-Mm an:Interne:mapping site and is for reference only.L';ata sayers that appear or, Web Print:05/15/2017 to s map may or may r rot be accurate,current,or otherwise reliable. 'Awl- 0 42.9 897Exhibit "A"t 1 Feet &2017 Bidwell.All rights resenled. EXHIBIT "B" SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 114.47 ACRES, MORE OR LESS, OUT OF THE J. MOTT SURVEY,ABSTRACT NO. 427, WILLIAMSON COUNTY, TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is currently vacant with no residential or other structures. Two adjacent lots,not part of the proposed annexation,have residential structures. One other adjacent lot is the site of a small cemetery. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b)-(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily- mandated 2 I/2 year period. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks,playgrounds, and swimming pools; and(8) operation and maintenance of any other publicly owned facility,building, or service. The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Williamson 1 EXHIBIT "B" County. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services— To be provided immediately upon annexation; (4) Solid waste collection - Within its corporate boundaries, the City contracts with Round Rock Refuse for residential collection only; therefore, any commercial ventures may continue to contract individually for solid waste collection service; (5) Operation and maintenance of water and wastewater facilities - To be provided within 2 %Z years of annexation. Additional services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements; (6) Operation and maintenance of public roads and streets, including road and street lighting—Immediately upon annexation. The adjoining portion of A.W. Grimes Boulevard is currently within the Round Rock city limits. Any CORK acceptance of dedicated and improved rights-of-way in the future would be per the Subdivision Ordinance; (7) Operation and maintenance of parks, playgrounds, and swimming pools -As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service-As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c)requires the City to define"full municipal services"as services provided by the City of Round Rock within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services." C. Pursuant to Section 43.056(d), the City is not required to extend water and/or wastewater service to any portion of the annexed area that is within the service area of another water or wastewater utility. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 2 EXHIBIT "B" The City does not have all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. New capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f)prohibits the service plan from requiring the creation of another political subdivision,from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. Capital improvements are necessary to provide services to the Property. The City will not require landowners of the Property to fund capital improvements for this service under the current uses) of the Property. However, if and when the Property is developed, platted, or the current uses) of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(8) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available 3 EXHIBIT "B" to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. G. Section 43.056(h) does not apply to the City. H. Section 43.056(1) does not apply to the City. I. Section 43.0560)requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on August 10, 2017 and on August 24, 2017. At such public hearings, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City will not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council-approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(7). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 4 EXHIBIT "B" The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density,provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services,infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use which is primarily agricultural, and similar population density which is in accord with uninhabited undeveloped land. A Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 ELECTRONICALLY RECORDED 2017088411 Williamson County, Texas Total Pages: 14 THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2017-4745 which annexes 11.147 acres of land located at North AW Grimes Boulevard and County Road 186. This ordinance was approved and adopted by the City Council at a regular meeting held on the 14th day of September 2017, and is recorded in the City Council minute book no. 61. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 25th day of September 2017. Vntitr Wire' SARA L. WHITE, TRMC, City Clerk '''I - 11 11 frese 14,. k_ Ai, i • i '-, : ek e JJ 141‘1‘ 2017088411 Page 2 of 14 ORDINANCE NO. 0-2017-4745 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 114.47 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home-rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 114.47 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and 0112/1704;00385030/ss2 2017088411 Page 3 of 14 WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights-of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on July 22, 2017; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on August 12, 2017; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on August 10, 2017; and WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on August 24, 2017; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and 2 2017088411 Page 4 of 14 WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. 3 2017088411 Page 5 of 14 IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed, as required by law. VII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted 4 2017088411 Page 6 of 14 the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ, PASSED, and ADOPTED on first reading this I� day of , 2017. Alternative 2. READ and APPROVED on first reading this the day of , 2017. READ, APPROVED and ADOPTED on second reading this the day of , 2017. 5 2017088411 Page 7 of 14 /7/1 / CRAI O GAN, air City of Roi(nd Roc Texas ATTEST: SARA L. WHITE, City Clerk 6 2017088411 Page 8 of 14 1 .6 r4F-if: 51 N -••.' V.. 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CD ',...- ...........,..-13_ 2017088411 Page 9 of 14 EXHIBIT "B" SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 114.47 ACRES, MORE OR LESS, OUT OF THE J. MOTT SURVEY,ABSTRACT NO. 427, WILLIAMSON COUNTY, TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-I entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan,- Section 43.061 et seq. The Property is currently vacant with no residential or other structures. Two adjacent lots,not part of the proposed annexation,have residential structures. One other adjacent lot is the site of a small cemetery. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b)-(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily- mandated 21/2 year period. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and(8) operation and maintenance of any other publicly owned facility, building, or service. The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Williamson 1 2017088411 Page 10 of 14 EXHIBIT "B" County. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services— To be provided immediately upon annexation; (4) Solid waste collection - Within its corporate boundaries, the City contracts with Round Rock Refuse for residential collection only; therefore, any commercial ventures may continue to contract individually for solid waste collection service; (5) Operation and maintenance of water and wastewater facilities - To be provided within 2 %Z years of annexation. Additional services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements; (6) Operation and maintenance of public roads and streets, including road and street lighting—Immediately upon annexation. The adjoining portion of A.W. Grimes Boulevard is currently within the Round Rock city limits. Any CORR acceptance of dedicated and improved rights-of-way in the future would be per the Subdivision Ordinance; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service-As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(e)requires the City to define"full municipal services"as services provided by the City of Round Rock within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services." C. Pursuant to Section 43.056(d), the City is not required to extend water and/or wastewater service to any portion of the annexed area that is within the service area of another water or wastewater utility. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 2 2017088411 Page 11 of 14 EXHIBIT "B" The City does not have all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. New capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f)prohibits the service plan from requiring the creation of another political subdivision,from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. Capital improvements are necessary to provide services to the Property. The City will not require landowners of the Property to fund capital improvements for this service under the current use(s) of the Property. However, if and when the Property is developed, platted, or the current use(s) of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available 3 2017088411 Page 12 of 14 EXHIBIT "B" to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. C. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on August 10, 2017 and on August 24, 2017. At such public hearings, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City will not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council-approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in tenns of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(l). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 4 2017088411 Page 13 of 14 EXHIBIT "B" The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density,provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services,infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use which is primarily agricultural, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 2017088411 Page 14 of 14 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2017088411 Pages: 14 Fee: $69.00 09/25/2017 10:01 AM , ,If. i�� •I .l v ��� Nancy E. Rister,County Clerk Williamson County,Texas