A-09-05-14-8G3 - 5/14/2009ORDINANCE NO. jk-ilt6Cj' t1-(3
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 4.378 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 4.378 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
G:\wdox\scclnts\0112\0905\MUNICIPAL.\090514G3.DOC/rmc
service plan that provided for the extension of full municipal
services to the Property, and such service plan was duly
prepared; and
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 March 28, 2009; 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 April 11, 2009;
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 April 9, 2009; and
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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 April 23, 2009; 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
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
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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.
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.
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VII.
That the City Secretary 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 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.
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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.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 10" day
of
clay
, 2009.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2009.
SARA L. WHITE, City Secretary
)ev,
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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EXHIBIT "A"
MEISTER LANE RIGHT-OF-WAY TRACT
DESCRIPTION
EXHIBIT
„A„
FOR A 4.378 -ACRE TRACT OF LAND SITUATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, THE C.E. ROWE SURVEY, ABSTRACT NO. 871,
AND THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, ALL IN
WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING THAT PORTION
OF MEISTER LANE RIGHT-OF-WAY SITUATED BETWEEN THE SOUTH RIGHT-
OF-WAY LINE OF GATTIS SCHOOL ROAD AND THE CENTERLINE OF STATE
HIGHWAY 45, NOT PREVIOUSLY ANNEXED, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a point, said point being in the east right-of-way line of
Meister Lane (aka County Road 169), a variable width right-of-way, and the
south right-of-way line of Gattis School Road (aka County Road 168), a
variable width right-of-way, said point being the northwest corner of a
34.828 -acre parcel, said parcel being a portion of a called 81.118 -acre
parcel described in Document Number 2005031774 of the Official Public
Records of Williamson County (OPRWC), said point also being the southwest
corner of a 0.216 -acre parcel described in Document Number 9615141,
Official Records of Williamson County (ORWC), said point also being in the
west line of a 105.514 -acre tract annexed by the City of Round Rock in
Ordinance Number A -95-09-28-9C, as recorded in Document Number
9545634, ORWC, and the POINT OF BEGINNING for the herein described
4.378 -acre tract;
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THENCE southwardly with the east line of the herein described 4.378 -acre
tract, same being the west line of said 34.828 -acre parcel and the west line
of said 106.514 annexed tract to a point, and passing the northwest and
southwest corners of a 0.032 -acre water well parcel conveyed to the CORR
in Document Number 2005102629, OPRWC, to a point, said point being the
intersection of the east right-of-way line of Meister Lane and State Highway
45 (aka Louis Henna Boulevard and aka County Road 170), a variable width
right-of-way, said point also being the southwest corner of said 34.828 -acre
parcel and the northwest corner of a called 29,221 square foot parcel
described in Document Number 2005030487, OPRWC;
THENCE southwardly with the east line of the herein described 4.378 -acre
tract and with the west line of said 106.514 annexed tract and the west line
of said 29,221 square foot parcel, and entering the right-of-way of State
Highway 45, approximately 52 feet to a point, said point being the
southwest corner of said 29,221 square foot parcel and the northwest corner
of a called 1.442 -acre parcel described in Document Number 9900878,
ORWC;
THENCE southwardly with the east line of the herein described 4.378 -acre
tract and with the west line of said 106.514 annexed tract and the west line
of said 1.442 -acre parcel, and continuing across the right-of-way of State
Highway 45, approximately 90 feet to a point, said point being the
southwest corner of said 1.442 -acre parcel;
THENCE southwardly and with a curve to the east, with the east line of the
herein described 4.378 -acre tract and with the west line of said 106.514
annexed tract to a point, said point being the southernmost southwest
corner of said 106.514 annexed tract, same point being the northwest
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corner of a 4.218 -acre parcel described in Volume 1526, Page 13, ORWC,
same point being the northwest corner of a 4.218 -acre tract annexed by the
CORR in Ordinance Number A -95-09-14-9F as recorded in Document
Number 9542046, ORWC, same point being the northeast corner of a 0.434 -
acre tract annexed by the CORR in Ordinance Number A -98-05-14-9B1 as
recorded in Document Number 9828536, ORWC, and same being the
southeast corner of the herein described 4.378 -acre tract;
THENCE westwardly with the south line of the herein described 4.378 -acre
tract and with the north line of said 0.434 -acre annexed tract for
approximately 189 feet to a point, said point being the northwest corner of
said 0.434 -acre annexed tract and in the east line of a 5.523 -acre parcel
described in Volume 1526, Page 8, ORWC, said point also being in the east
line of a 100.10 -acre tract annexed by the CORR in Ordinance Number 895
and the southernmost southwest corner of the herein described tract;
THENCE northwardly with a curve to the west, with the west line of the
herein described 4.378 -acre tract, and with the east line of said 100.10 -acre
annexed tract, and passing the northeast corner of said 5.523 -acre parcel,
to a point, said point being the southwest corner of a 56,387 square foot
parcel described in Document Number 9911591, ORWC, same point being
the southeast corner of a called 5.925 -acre Tract 3 in a zoning Ordinance
adopted by the CORR in Ordinance Number Z -95-09-28-9I and recorded as
Document Number 9601667, ORWC, same point being the southwest corner
of the herein described tract;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 100.10 -acre annexed tract and the east
line of said 5.925 -acre Tract 3 and the east line of said 56,387 square foot
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parcel, for approximately 140 feet to a point, said point being the northeast
corner of said 5.925 -acre Tract 3 and the northeast corner of said 56,387
square foot parcel, same being the southeast corner of Lot 1, Block A, of the
Hanna Addition, a Subdivision recorded in Cabinet 0, Slide 53, Plat Records
of Williamson County, same point being on the north right-of-way line of
State Highway 45 approximately 30 feet east of the west right-of-way line of
Meister Lane;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 100.10 -acre annexed tract and the east
line of said Henna Addition, for approximately 617 feet to a point, said point
being the northeast corner of said Henna Addition and the northeast corner
of said 100.10 -acre annexed tract, same point being the southeast corner of
a 123.6531 -acre tract annexed by the CORR in Ordinance Number A -95-09-
28-9E as recorded in Document Number 9545636, ORWC;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 123.6531 -acre annexed tract; same
being the west line of a 1.139 -acre parcel described in Volume 1579, Page
473, ORWC, and the west right-of-way line of Meister Lane, for
approximately 1,801 feet to a point, said point being a northeast corner of
said 123.6531 -acre annexed tract, same point being in the east line of a
8.742 acre tract annexed by the CORR in Ordinance Number 162;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and the east line of said 8.742 acre annexed tract, leaving the
common west line of said 1.139 -acre parcel, the west right-of-way line of
Meister Lane, and the east line of said 123.6531 -acre annexed tract, for
approximately 90 feet to a point, said point being in the south right-of-way
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line of the aforementioned Gattis School Road, and the south line of a 113
acre tract annexed by the CORR in Ordinance Number 891, said point also
being the northwest corner of the herein described tract;
THENCE eastwardly with the north line of the herein described 4.378 -acre
tract and the south line of the aforementioned 113 -acre Annexation tract,
across the right-of-way of Meister Lane, for approximately 154 feet point,
said point being the southwest corner of a 0.95 acre parcel described in
Volume 1151, Page 849, ORWC, same point being the northwest corner of
the aforementioned 0.216 acre parcel, the northeast corner of the
aforementioned 105.514 -acre annexed tract, and the northeast corner of the
herein described tract;
THENCE southwardly with the east line of the herein described 4.378 -acre
and the west line of said 0.216 acre parcel, and the west line of said
105.514 -acre annexed tract, for a distance of approximately 12 feet to a
point, same point being the POINT OF BEGINNING of the herein described
tract, and containing approximately 4.378 acres of land, more of less, as
illustrated on the accompanying sketch, attached hereto and made a part
hereof.
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Exhibit A Sketch
EXHIBIT
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 4.378
ACRES, MORE OR LESS, OUT OF THE ASA THOMAS SURVEY,
ABSTRACT NUMBER 609, THE C.E. ROWE SURVEY, ABSTRACT NO.
871, AND THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107,
ALSO KNOWN AS MEISTER LANE RIGHT-OF-WAY TRACT, AS
DEPICTED IN 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 entirely public right-of-way. The Property abuts Gattis School Road to the north
and State Highway 45 to the south. Existing apartments lie to the west, and a new Round Rock
Independent School District High School is under construction. Land to east has been annexed
and zoned to as a PUD, but it remains unplatted and undeveloped.
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 1/2 year period. The City's program is for provision of such services
immediately upon. annexation. 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)
1
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
Emergency Service District No. 9. 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)
(4)
(5)
Emergency medical services — Currently provided by Emergency
District No. 9;
Service
Solid waste collection - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
Operation and maintenance of water and wastewater facilities - As no
residential properties or commercial ventures exist within the Property, and no
such properties or ventures will be established, operation and maintenance of
same is not at issue;;
(6) Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Meister Lane
incorporated into the City will be maintained;
(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. Section 43.056(d) does not apply to the City.
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
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capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place which are necessary for providing
municipal services adequate to serve the Property. No 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(0 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.
As there are no capital improvements necessary to provide services to the Property
under its current use, the City will not require landowners of the Property to fund
capital improvements. However, if and when the Property is developed, platted, or the
current use 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.
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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 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(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 April 9, 2009 and April 23, 2009. At such public hearing, 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 would 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(2).
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
4
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
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, 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
Meister Lane Right -of -Way
107cii\bi
1
Gattis School Rd
1 inch = 300 feet
Subject Tract
4.378 ac
SH 4S
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G3. Consider an ordinance authorizing unilateral annexation of 4.378 acres of
Meister Lane right-of-way located south of Gattis School Road and extending
southward as Meister Lane into the intersection of SH 45. (First Reading)
Department:
Staff Person:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
Justification:
This Tract is entirely public right-of-way, connecting State Highway 45 with Gattis School Road. While
property to the east of the Tract remains undeveloped, construction of a new Round Rock ISD High
School (Cedar Creek High School) is currently underway on the property to the west. The City intends to
upgrade this key connection between Gattis School Road and SH45. The Tract is surrounded by City
limits on every side and is thus a classic "donut hole" in City limits. Annexing the Tract fills that hole and
ensures consistent police and fire protection on what will quickly become a heavily traveled and
expanded roadway.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
As the Tract is entirely public right-of-way, consideration of the availability of municipal utility service is
not necessary. All services, including road maintenance, required by the Texas Local Government Code
will be provided upon annexation.
Public Comment:
Per the statutory requirements of the Texas Local Government Code, the following has been completed:
On February 11, 2009, written notices were sent by certified mail to the property owners of the
proposed annexed lands and to all public and private utility providers that could be affected. Written
notices were also sent by certified mail to area public school districts that could be affected by the
annexation on March 25, 2009.
Published notice of the April 9, 2009, public hearing was posted on the City's Website on Wednesday,
March 25, 2009 and was published in the Round Rock Leader on Saturday, March 28, 2009. Published
notice of the April 23, 2009, public hearing was posted on the City's Website on Wednesday, April 8,
2009 and was published in the Round Rock Leader on Saturday, April 11, 2009. The two public hearings
were conducted by the Council as posted.
RECORDED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS
*
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
*
1111111H1110111
iii
III
01111
ilii
II ORD
20 PGS
2009035274
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that
I am the custodian of the public records maintained by the City and that the above and
foregoing is a true and correct copy of Ordinance No. A -09-05-14-8G3 which annexes 4.378
acres of Meister Lane right-of-way located south of Gattis School Road and extending
southward as Meister Lane into the intersection of SH -45. This ordinance was approved and
adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the
14th day of May and is recorded in the City Council Minutes Book No. 57.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 18th day of May
2009.
Six/Ai- use
SARA L. WHITE, City Secretary
ORDINANCE NO. PC'061'1P)- WE11.3
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 4.378 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 4.378 acres of land, (the "Property"),
Property being situated in Williamson County, Texas, and
said
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
O:\wdox\SCC1nts\0112\0905\MONICIPAL\090514G3 .DOC/rmc
service plan that provided for the extension of full municipal
services to the Property, and such service plan was duly
prepared; and
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 March 28, 2009; and
WHEREAS, the City complied with all statutory provisions
requiring newspaper publication of the second of two
statutorily -required public
published in the Round Rock
and
hearings by
causing notice
Leader newspaper
to be
on April 11, 2009;
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 April 9, 2009; and
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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 April 23, 2009; 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
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
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
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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.
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.
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VII.
That the City Secretary 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 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.
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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.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 14:11X"' day
of
KAay
, 2009.
Alternative 2.
READ and APPROVED on first reading this the
, 2009.
day of
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2009.
SARA L. WHITE, City Secretary
7r)
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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EXHIBIT
,,A1/
EXHIBIT "A"
MEISTER LANE RIGHT-OF-WAY TRACT
DESCRIPTION
FOR A 4.378 -ACRE TRACT OF LAND SITUATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, THE C.E. ROWE SURVEY, ABSTRACT NO. 871,
AND THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, ALL IN
WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING THAT PORTION
OF MEISTER LANE RIGHT-OF-WAY SITUATED BETWEEN THE SOUTH RIGHT-
OF-WAY LINE OF GATTIS SCHOOL ROAD AND THE CENTERLINE OF STATE
HIGHWAY 45, NOT PREVIOUSLY ANNEXED, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a point, said point being in the east right-of-way line of
Meister Lane (aka County Road 169), a variable width right-of-way, and the
south right-of-way line of Gattis School Road (aka County Road 168), a
variable width right-of-way, said point being the northwest corner of a
34.828 -acre parcel, said parcel being a portion of a called 81.118 -acre
parcel described in Document Number 2005031774 of the Official Public
Records of Williamson County (OPRWC), said point also being the southwest
corner of a 0.216 -acre parcel described in Document Number 9615141,
Official Records of Williamson County (ORWC), said point also being in the
west line of a 105.514 -acre tract annexed by the City of Round Rock in
Ordinance Number A -95-09-28-9C, as recorded in Document Number
9545634, ORWC, and the POINT OF BEGINNING for the herein described
4.378 -acre tract;
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THENCE southwardly with the east line of the herein described 4.378 -acre
tract, same being the west line of said 34.828 -acre parcel and the west line
of said 106.514 annexed tract to a point, and passing the northwest and
southwest corners of a 0.032 -acre water well parcel conveyed to the CORR
in Document Number 2005102629, OPRWC, to a point, said point being the
intersection of the east right-of-way line of Meister Lane and State Highway
45 (aka Louis Henna Boulevard and aka County Road 170), a variable width
right-of-way, said point also being the southwest corner of said 34.828 -acre
parcel and the northwest corner of a called 29,221 square foot parcel
described in Document Number 2005030487, OPRWC;
THENCE southwardly with the east line of the herein described 4.378 -acre
tract and with the west line of said 106.514 annexed tract and the west line
of said 29,221 square foot parcel, and entering the right-of-way of State
Highway 45, approximately 52 feet to a point, said point being the
southwest corner of said 29,221 square foot parcel and the northwest corner
of a called 1.442 -acre parcel described in Document Number 9900878,
ORWC;
THENCE southwardly with the east line of the herein described 4.378 -acre
tract and with the west line of said 106.514 annexed tract and the west line
of said 1.442 -acre parcel, and continuing across the right-of-way of State
Highway 45, approximately 90 feet to a point, said point being the
southwest corner of said 1.442 -acre parcel;
THENCE southwardly and with a curve to the east, with the east line of the
herein described 4.378 -acre tract and with the west line of said 106.514
annexed tract to a point, said point being the southernmost southwest
corner of said 106.514 annexed tract, same point being the northwest
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corner of a 4.218 -acre parcel described in Volume 1526, Page 13, ORWC,
same point being the northwest corner of a 4.218 -acre tract annexed by the
CORR in Ordinance Number A -95-09-14-9F as recorded in Document
Number 9542046, ORWC, same point being the northeast corner of a 0.434 -
acre tract annexed by the CORR in Ordinance Number A -98-05-14-9B1 as
recorded in Document Number 9828536, ORWC, and same being the
southeast corner of the herein described 4.378 -acre tract;
THENCE westwardly with the south line of the herein described 4.378 -acre
tract and with the north line of said 0.434 -acre annexed tract for
approximately 189 feet to a point, said point being the northwest corner of
said 0.434 -acre annexed tract and in the east line of a 5.523 -acre parcel
described in Volume 1526, Page 8, ORWC, said point also being in the east
line of a 100.10 -acre tract annexed by the CORR in Ordinance Number 895
and the southernmost southwest corner of the herein described tract;
THENCE northwardly with a curve to the west, with the west line of the
herein described 4.378 -acre tract, and with the east line of said 100.10 -acre
annexed tract, and passing the northeast corner of said 5.523 -acre parcel,
to a point, said point being the southwest corner of a 56,387 square foot
parcel described in Document Number 9911591, ORWC, same point being
the southeast corner of a called 5.925 -acre Tract 3 in a zoning Ordinance
adopted by the CORR in Ordinance Number Z -95-09-28-9I and recorded as
Document Number 9601667, ORWC, same point being the southwest corner
of the herein described tract;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 100.10 -acre annexed tract and the east
line of said 5.925 -acre Tract 3 and the east line of said 56,387 square foot
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parcel, for approximately 140 feet to a point, said point being the northeast
corner of said 5.925 -acre Tract 3 and the northeast corner of said 56,387
square foot parcel, same being the southeast corner of Lot 1, Block A, of the
Hanna Addition, a Subdivision recorded in Cabinet 0, Slide 53, Plat Records
of Williamson County, same point being on the north right-of-way line of
State Highway 45 approximately 30 feet east of the west right-of-way line of
Meister Lane;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 100.10 -acre annexed tract and the east
line of said Henna Addition, for approximately 617 feet to a point, said point
being the northeast corner of said Henna Addition and the northeast corner
of said 100.10 -acre annexed tract, same point being the southeast corner of
a 123.6531 -acre tract annexed by the CORR in Ordinance Number A -95-09-
28-9E as recorded in Document Number 9545636, ORWC;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and with the east line of said 123.6531 -acre annexed tract; same
being the west line of a 1.139 -acre parcel described in Volume 1579, Page
473, ORWC, and the west right-of-way line of Meister Lane, for
approximately 1,801 feet to a point, said point being a northeast corner of
said 123.6531 -acre annexed tract, same point being in the east line of a
8.742 acre tract annexed by the CORR in Ordinance Number 162;
THENCE northwardly with the west line of the herein described 4.378 -acre
tract, and the east line of said 8.742 acre annexed tract, leaving the
common west line of said 1.139 -acre parcel, the west right-of-way line of
Meister Lane, and the east line of said 123.6531 -acre annexed tract, for
approximately 90 feet to a point, said point being in the south right-of-way
4
line of the aforementioned Gattis School Road, and the south line of a 113
acre tract annexed by the CORR in Ordinance Number 891, said point also
being the northwest corner of the herein described tract;
THENCE eastwardly with the north line of the herein described 4.378 -acre
tract and the south line of the aforementioned 113 -acre Annexation tract,
across the right-of-way of Meister Lane, for approximately 154 feet point,
said point being the southwest corner of a 0.95 acre parcel described in
Volume 1151, Page 849, ORWC, same point being the northwest corner of
the aforementioned 0.216 acre parcel, the northeast corner of the
aforementioned 105.514 -acre annexed tract, and the northeast corner of the
herein described tract;
THENCE southwardly with the east line of the herein described 4.378 -acre
and the west line of said 0.216 acre parcel, and the west line of said
105.514 -acre annexed tract, for a distance of approximately 12 feet to a
point, same point being the POINT OF BEGINNING of the herein described
tract, and containing approximately 4.378 acres of land, more of less, as
illustrated on the accompanying sketch, attached hereto and made a part
hereof.
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Exhibit A Sketch
EXHIBIT
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 4.378
ACRES, MORE OR LESS, OUT OF THE ASA THOMAS SURVEY,
ABSTRACT NUMBER 609, THE C.E. ROWE SURVEY, ABSTRACT NO.
871, AND THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107,
ALSO KNOWN AS MEISTER LANE RIGHT-OF-WAY TRACT, AS
DEPICTED IN 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 entirely public right-of-way. The Property abuts Gattis School Road to the north
and State Highway 45 to the south. Existing apartments lie to the west, and a new Round Rock
Independent School District High School is under construction. Land to east has been annexed
and zoned to as a PUD, but it remains unplatted and undeveloped.
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 1/2 year period. The City's program is for provision of such services
immediately upon. annexation. 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)
1
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
Emergency Service District No. 9. 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 — Currently provided by Emergency Service
District No. 9;
(4) Solid waste collection - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
(5)
Operation and maintenance of water and wastewater facilities - As no
residential properties or commercial ventures exist within the Property, and no
such properties or ventures will be established, operation and maintenance of
same is not at issue;;
(6) Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Meister Lane
incorporated into the City will be maintained;
(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. Section 43.056(d) does not apply to the City.
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
2
capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place which are necessary for providing
municipal services adequate to serve the Property. No 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(0 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.
As there are no capital improvements necessary to provide services to the Property
under its current use, the City will not require landowners of the Property to fund
capital improvements. However, if and when the Property is developed, platted, or the
current use 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.
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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 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(i) does not apply to the City.
I. 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 April 9, 2009 and April 23, 2009. At such public hearing, 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 would 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(1).
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
4
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
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, 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
Meister Lane Right -of -Way
,bit
Ordinance No. A -09-05-14-8G3
Annexing 4.378 acres of Meister Lane right-of-way.
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009035274
05/20/2009 03:23 PM
SURRATT $92.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS