A-09-05-14-8G4 - 5/14/2009ORDINANCE NO. �- O1 -c- (4' -
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 0.135 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 0.135 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
0:\redox\SCClnts\0112\0905\MUNICIPAL\090519G9.000/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
2
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
3
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.
4
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.
A. All ordinances, parts
conflict herewith are expressly
X.
of ordinances, or resolutions in
repealed.
5
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 11:111 day
of IVlj.X 1 , 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:
eiA4/1L.
, 2009.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 3
DESCRIPTION
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 0.135 -acre tract of
land, more or less, being out of and a portion of the Memucan Hunt Survey,
Abstract No. 314, in Williamson County, Texas, and further described in a Deed
recorded in Document Number 2002097194, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 0.135 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
BETURP1tp AMERICAN Ti
GF#
Form TTA -ROW -N-/ 1 WT (Mole Taking)
Pagel of 3
06/2002
200— i97194 7 tags
County: Williamson
Highway: SH 45
Limits: From West of US 183 To Station 798+00 Near FM 685 and the Proposed SH 130
Parcel #: 122
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DEED
Controlled Access Turnpike Facility
§
WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") and the Texas
Transportation Commission has been authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and
such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation ofa turnpike project; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient by the TTA for
the construction, expansion, enlargement, extension, improvement, or operation ofa turnpike project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, David Wilson Leppin and Milford Clarence Anderson, Jr., not joined herein by our respective spouses in that no part
of the property constitutes any portion of our business or residential homestead, both of the County of Travis, State of Texas,
and Keith D. Lair as Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as
Guardian of the Person and Estate of Ruth Lair Wilson, of the County of , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Eighty-eight Thousand, Two Hundred Fifteen and
no/100 Dollars ($88,215.00) to Grantors in hand paid by the State of Texas, acting by and through the ITA, receipt and
sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day
Donate and by these presents do Grant, Give, and Convey unto the State of Texas all that certain tract or parcel of land
lying and being situated in the County of Williamson, State of Texas, more particularly described in Exhibit "A," which is
attached hereto and incorporated herein for any and all purposes. The consideration recited herein represents a settlement
and compromise by all parties as to the value of the property herein conveyed in order to avoid formal eminent domain
proceedings and the added expenses of litigation.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on the property described in said Exhibit "A," to wit:
N/A
Grantors covalent and agree to remove the above-described improvements from said land by the N/A day of
subject, however, to such extensions of time as may be granted by the State in writing; and it; for any reason, Grantors fail
or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or
any part of such improvements not so removed shall pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this
reservation shall affect the title and rights of the State to take and use,ali other minerals and materials thereon, therein and
thereunder.
4.
Form TTA -ROW -N-11 WT (Whole Taking)
Paget of 3
062002
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby
bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
executed on this the
David Wilson Lep in
3 til.
Milford4larence Anderson, Jr.
2002.
The State of Texas §
County °WittiCtiMS?rtl §
This instrument was acknowledged before me on
LePPin•
The State of Texas
County of Tran, s
§
Acknowledgemeit
AMY L SWANK
NOTARY PUBUC
STATE OF TEXAS
My Comm. Exp. 09-11-2004
00__Zoyi,c(<,
Notary Public tgnature
Ackaowledgememt
This instrument was acknowledged before me on Cle... Q n 2� , 2002 by Milford Clarence
Anderson, Jr.
K. DANIELLE MCCLURE
NOTARY PUBLIC
STATE OF TEXAS
My Comm Exp. pa-Ie-oa
Form TTA -ROW -N-1 1 WT (Wh k Taking)
Page 3of3
062002
IN WITNESS/•. REM' . 's instrument is executed on this the day o , 200
Keith ,5t*" as Independent Administrator with Will KLair as Guardian of the Person and Estate
of Ruth Lair Wilson
Annexed of the Estate of Wilbur Alfred Wilson, Deceased
Acknowledgement
The State of Texas §
County of Cct_L►t4 §
This instrument was acknowledged before me on Utt 247 , 2002 by Keith D. Lair as
Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as Guardian of the
Person and Estate of Ruth Lair Wilson.
AIME PUCKETT
Notary Public, State of Texas
My Commission Expires
January 22, 2005 _
GF#URNURNT 1ifi.ti:
Notary Public's Signature
1'1
EXHIBIT Page 1 , of Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 122
Being a 0.135 acre (5,881 square feet) tract of land situated in the Memucan Hunt Survey, A-314
in Williamson County, Texas and being a portion of the remainder of a called 43 acre tract from
the Estate of O.G. Wilson, recorded in Volume 353, Page 553 of the Travis County Deed
Records (T.C.D.R.), as conveyed to Milford Clarence Anderson, Jr. (1/3 interest) by the Last
Will and Testament of Doris E. Anderson, recorded in Volume 13100, Page 509 of the Real
Property Records of Travis County, Texas (R.P.R.T.C.T.). Said 0.135 acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System. NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
COMMENCING at a 1 -inch iron pipe found in the westerly line of said 43 acre tract for the
most southerly corner of the remainder of a called 2.00 acre tract, as conveyed to GATTIS
SCHOOL ROAD JOINT VENTURE II, recorded in Document No. 9716449 of the Official
Records of Williamson County, Texas (O.R.W.C.T), the southwest comer of Lot 3, Block 'A',
Topwater Subdivision, a called 0.739 acre tract, recorded in Cabinet R, Slides 366 through 367
of the Williamson County Plat Records (W.C.P.R.) and the most easterly southeast corner of a
called 2.00 acre tract, as conveyed to Kelly E. Drake and Ann M. Drake, recorded in Document
No. 9873576. O.R.W.C.T.;
THENCE, alone the westerly line of said 2.00 acre tract as conveyed to GATTIS SCHOOL
ROAD JONI' VENTURE II, the westerly line of said Lot 3, Block 'A' and the easterly line of
said 2.00 acre tract as conveyed to Kelly E. Drake and Ann M. Drake, North 15°19'28" West,
passing at a distance of 221.88 feet a'h-inch iron rod with Texas Department of Transportation
(TxDOT) aluminum cap set at 210.97 feet right of and perpendicular to State Highway 45 (SH
45) Baseline Station 594+18.90 in the proposed southerly right-of-way line of SH 45, continuing
for a total distance of 236.82 feet to a'' V2 -inch iron rod found for the northwest corner of said Lot
3. Block 'A' and the southwest comer of Lot 1, Block 'A', a called 1.320 acre tract, of said
Topwater Subdivision;
THENCE. along the southerly line of said Lot 1, Block 'A' and the northerly line of said Lot 3,
Block 'A'. North 73°38'07" East, passing at a distance of 120.06 feet a pk nail found for the
northeast corner of said Lot 3, Block 'A' and the northwest corner of Lot 2, Block 'A', a called
1.266 acre tract. of said Topwater Subdivision, continuing along the line common to said Lot 1,
Block 'A' and Lot 2, Block 'A' for a total distance of 237.09 feet to a %z -inch iron rod (X-
3.138.725.56. Y= 10,150,441.16) found for the southeast corner of said Lot 1, Block 'N, being in
the westerly line of said 43 acre tract and the easterly line of said remainder of a called 2.00 acre
tract. as conveyed to GATTIS SCHOOL ROAD JOINT VENTURE II, for the POINT OF
BEGINNING;
J:1417658\M&B's\PARCEL I22.doc
• EXHIBIT Page 2 ofd Pages
1. THENCE, along the line common to the westerly line of said 43 acre tract, the easterly line
of said Lot 1, Block 'A' and the easterly line of said 2.00 acre tract as conveyed to GATTIS
SCHOOL ROAD JOINT VENTURE II, North 27°27'58" East (N 30° E), a distance of
128.31 feet to an angle point in the (unrecorded) proposed westerly right-of-way line of
Greenlawn Boulevard, as depicted in a set of sketches and metes and bounds descriptions
prepared by Baker-Aiklen & Associates, Inc.;
THENCE, along the proposed westerly right-of-way line of Greenlawn Boulevard, the following
two courses:
2. South 16°11'19" Fast, a distance of 93.07 feet to a point for the beginning of a curve to
the right;
3. An arc distance of 86.83 feet along said curve to the right, with a Radius of 740.00 feet, a
Delta Angle of 06°43'23" and a Chord Bearing and Distance of South 13°0720" East,
86.78 feet to a point of intersection with a compound curve to the left in the northerly line
of said Lot 2, Block 'A';
4. THENCE, along the northerly line of said Lot 2, Block 'A', an arc distance of 134.82 feet
along said curve to the left, with a Radius of 84.00 feet, a Delta Angle of 91°57'42" and a
Chord Bearing and Distance of North 60°11'42" West, 120.81 feet to the POINT OF
BEGINNING and containing a computed area of 0.135 acre (5,881 square feet) of land,
more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Akt
anine /O,
Registered Professional Land Surveyo
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
October 16, 2000
1:1417658\M&B's1PARCEL 1 22.doc
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FILED (IND RECORDED
OFFICIAL PUBLIC RECORDS
12-09-200£02:00 PM 2002097194
ANDERSON $21.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Exhibit A Sketch
EXHIBIT
"B"
4
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 0.135
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 3, AS DESCRIBED 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 is surrounded by public right-of-way
on three sides — north, east, and west. To the south lies a commercial development.
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)
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)
(2)
(3)
Police protection - To be provided immediately upon annexation;
Fire protection - To be provided immediately upon annexation;
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;
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;;
(5)
(6) Operation and maintenance of public roads and streets, including road and
street lighting — the property is owned and will be maintained by the Texas
Department of Transportation;
(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
capital improvements necessary for providing municipal services adequate to serve the
area.
2
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(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.
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.
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.
3
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(!).
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.
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
4
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
Nilk\,1 l l
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G4. Consider an ordinance authorizing unilateral annexation of 0.135 acres of SH 45
right-of-way located to the west of the intersection of SH 45 and Greenlawn
Boulevard. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
This Tract is entirely public right-of-way. Over the past several years, property was acquired for the
development of State Highway 45, replacing Louis Henna Boulevard. Most of this acquired property was
either already in the city limits of Round Rock, or annexed after acquisition. This Tract, however, was
inadvertently not annexed. The Tract is surrounded by City limits on every side and is thus a classic
"donut hole" in City limits. Annexing the Tract simply fills that hole and ensures consistent police and
fire protection at this busy intersection.
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 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
II
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
111111111111111111111
11111111
illORD
23 PGS
2009035273
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 -09-05-14-8G4 which annexes 0.135
acres of SH -45 right-of-way located to the west of the intersection of SH -45 and Greenlawn
Boulevard. 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.
SARA L. WHITE, City Secretary
ORDINANCE NO. Ft' O'
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 0.135 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 0.135 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
0:\wdox\SCC1nte\0112\0905\MUNICIPAL\090514G4.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 to be
Leader newspaper
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
2
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
notices, hearings,
complied with; and
WHEREAS, the
requirement of law concerning public
and other procedural matters has been fully
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.
H.
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
and that the boundary
the same are hereby
is hereby made an integral part hereof;
limits of the City of Round Rock be and
extended to include the above-described
3
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.
4
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.
5
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 day
of Vfil , 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
, 2009.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT
„A„
EXHIBIT "A"
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 3
DESCRIPTION
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 0.135 -acre tract of
land, more or less, being out of and a portion of the Memucan Hunt Survey,
Abstract No. 314, in Williamson County, Texas, and further described in a Deed
recorded in Document Number 2002097194, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 0.135 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
RETURN TO: FIRST AMERICAN Ti i Lc
GF# P
Irl -15: Qib
Form TTA -ROW -14-1 t WT (Whole Taking)
Page 1 of 3
06/2002
2OO'_ J97.194 7 Pigs
County: Williamson
Highway. SH 45
Limits: From West of US 183 To Station 798+00 Near FM 685 and the Proposed SH 130
Parcel ##: 122
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DEED
Controlled Access Turnpl'ke Facility
§
EXHIBIT
WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") and the Texas
Transportation Commission has been authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and
such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation ofa turnpike project; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient by the TTA for
the construction, expansion, enlargement, extension, improvement, or operation ofa turnpike project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, David Wilson Leppin and Milford Clarence Anderson, Jr., not joined herein by our respective spouses in that no part
of the property constitutes any portion of our business or residential homestead, both of the County of Travis, State of Texas,
and Keith D. Lair as Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as
Guardian of the Person and Estate of Ruth Lair Wilson, of the County of , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Eighty-eight Thousand, Two Hundred Fifteen and
no/100 Dollars ($88,215.00) to Grantors in hand paid by the State of Texas, acting by and through the TTA, receipt and
sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day
Donate and by these presents do Grant, Give, and Convey unto the State of Texas all that certain tract or parcel of land
lying and being situated in the County of Williamson, State of Texas, more particularly described in Exhibit "A," which is
attached hereto and incorporated herein for any and all purposes. The consideration recited herein represents a settlement
and compromise by all parties as to the value of the property herein conveyed in order to avoid formal eminent domain
proceedings and the added expenses of litigation.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on the property described in said Exhibit "A," to wit:
N/A
Grantors covenant and agree to remove the above-described improvements from said land by the N/A day of
subject, however, to such extensions of time as may be granted by the State in writing; and i1 for any reason, Grantors fail
or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or
any part of such improvements not so removed shall pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this
reservation shall affect the title and rights of the State to take and use.all other minerals and materials thereon, therein and
thereunder.
Form TTA -ROW -N-1 1 WT (Whole Taking)
Page 2 of 3
06/2002
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby
bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
David Wilson Leppin
Milfordlarence Anderson, Jr.
day a.2002.
The State of Texas . §
§
County ofiA)1I iCurnShi §
This instrument was acknowledged before me on
Leppin.
The State of Texas
County of "frau, s
§
Acknowledgement
AMY L SWANK
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 09-11-2004
This instrument was acknowledged before me on
Anderson, Jr.
Notary Public lgnature
Ackiowledgemeat
K. DANIELLE MCCLURE
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 08.16.03
otary Public's Signature
Form TTA-ROWN-11 Wf (Whok Taking)
Page 3 of 3
06/2002
IN WITNESS -' REOF . 's instrument is executed on this the day o , 200
Keith .! .�`" as Independent Administrator with Will K ' . Lair as Guardian of the Person
and Estate
Annexed of the Estate of Wilbur Alfred Wilson, Deceased of Ruth Lair Wilson
Acknowledgement
The State of Texas §
County of (.rx..i_► hri
This instrument was acknowledged before me on 5CP E1✓l 741 , 2002 by Keith D. Lair as
Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as Guardian of the
Person and Estate of Ruth Lair Wilson.
ANGIE PUCKETT
Notary Public. State of Texes
My Commission Expires
January 22, 2005
0,0
RETURN TO: FIRST AMERICAN T i i LE
GF #
R)c-itc45t
Notary Public's Signature
' EXHIBIT Page L of a_ Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 122
Beine a 0A35 acre (5,881 square feet) tract of land situated in the Memucan Hunt Survey, A-314
in Williamson County, Texas and being a portion of the remainder of a called 43 acre tract from
the Estate of O.G. Wilson, recorded in Volume 353, Page 553 of the Travis County Deed
Records (T.C.D.R.), as conveyed to Milford Clarence Anderson, Jr. (1/3 interest) by the Last
Will and Testament of Doris E. Anderson, recorded in Volume 13100, Page 509 of the Real
Property Records of Travis County, Texas (R.P.R.T.C.T.). Said 0.135 acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System. NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
COMLMENCLNG at a 1 -inch iron pipe found in the westerly line of said 43 acre tract for the
most southerly corner of the remainder of a called 2.00 acre tract, as conveyed to GATTIS
SCHOOL ROAD JOINT VENTURE II, recorded in Document No. 9716449 of the Official
Records of Williamson County, Texas (O.R.W.C.T), the southwest corner of Lot 3, Block 'A',
Topwater Subdivision, a called 0.739 acre tract, recorded in Cabinet R, Slides 366 through 367
of the Williamson County Plat Records (W.C.P.R.) and the most easterly southeast corner of a
called 2.00 acre tract, as conveyed to Kelly E. Drake and Ann M. Drake, recorded in Document
No. 9873576, O.R.W.C.T.;
THENCE. alone the westerly line of said 2.00 acre tract as conveyed to GATTIS SCHOOL
ROAD JOINT VENTURE II, the westerly line of said Lot 3, Block 'A' and the easterly line of
said 2.00 acre tract as conveyed to Kelly E. Drake and Ann M. Drake, North 15°19'28" West,
passing at a distance of 221.88 feet a V2 -inch iron rod with Texas Department of Transportation
(TxDOT) aluminum cap set at 210.97 feet right of and perpendicular to State Highway 45 (SH
45) Baseline Station 594+18.90 in the proposed southerly right-of-way line of SH 45, continuing
for a total distance of 236.82 feet to a Y2 -inch iron rod found for the northwest corner of said Lot
3, Block 'A' and the southwest corner of Lot 1, Block 'A', a called 1.320 acre tract, of said
Topwater Subdivision;
TI-IENC£, along the southerly line of said Lot 1, Block 'A' and the northerly line of said Lot 3,
Block 'A'. North 73°38'07" East, passing at a distance of 120.06 feet a pk nail found for the
northeast corner of said Lot 3, Block 'A' and the northwest corner of Lot 2, Block 'A', a called
1.266 acre tract, of said Topwater Subdivision, continuing along the line common to said Lot 1,
Block 'A' and Lot 2, Block 'A' for a total distance of 237.09 feet to a V2 -inch iron rod (X=
3.138.725.56. Y= 10,150,441.16) found for the southeast corner of said Lot 1, Block 'A', being in
the westerly line of said 43 acre tract and the easterly line of said remainder of a called 2.00 acre
tract, as conveyed to GATTIS SCHOOL ROAD JOINT VENTURE II, for the POINT OF
BEGINNING;
J:14176581M&B's1PARCEL 122.doc
EXHIBIT _ Page _2_ of _I_ Pages •
1. THENCE, along the line common to the westerly line of said 43 acre tract, the easterly line
of said Lot 1, Block 'A' and the easterly line of said 2.00 acre tract as conveyed to GATTIS
SCHOOL ROAD JOINT VENTURE II, North 27°27'58" East (N 30° E), a distance of
128.31 feet to an angle point in the (unrecorded) proposed westerly right-of-way line of
Greenlawn Boulevard, as depicted in a set of sketches and metes and bounds descriptions
prepared by Baker-Aiklen & Associates, Inc.;
THENCE, along the proposed westerly right-of-way line of Greenlawn Boulevard, the following
two courses:
2. South I6°11'19" East, a distance of 93.07 feet to a point for the beginning of a curve to
the right;
3. An arc distance of 86.83 feet along said curve to the right, with a Radius of 740.00 feet, a
Delta Angle of 06°43'23" and a Chord Bearing and Distance of South 13°07'20" East,
86.78 feet to a point of intersection with a compound curve to the left in the northerly line
of said Lot 2, Block 'A';
4. THENCE, along the northerly line of said Lot 2, Block 'A', an arc distance of 134.82 feet
along said curve to the left, with a Radius of 84.00 feet, a Delta Angle of 9I°57'42" and a
Chord Bearing and Distance of North 60°11'42" West, 120.81 feet to the POINT OF
BEGINNING and containing a computed area of 0.135 acre (5,881 square feet) of land,
more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
arsine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
October 16, 2000
1:1417658\M&B's\PARCEL 122.doc
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FILED Alb RECORDED
OFFICIAL PUBLIC RECORDS
12-09-200202:00 PM 2002097194
ANDERSON $21.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Exhibit A Sketch
t EXHIBIT
1
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 0.135
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 3, AS DESCRIBED 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 is surrounded by public right-of-way
on three sides — north, east, and west. To the south lies a commercial development.
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)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
1
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 — the property is owned and will be maintained by the Texas
Department of Transportation;
(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
capital improvements necessary for providing municipal services adequate to serve the
area.
2
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(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.
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.
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.
3
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
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 offull municipal services is not required to
be provided to an area of the City which, by reason of its different characteristics of
4
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
:Nr
Ordinance No. A -09-05-14-8G4
Annexing 0.135 acres of SH -45 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 2009035273
05/20/2009 03:23 PM
SURRATT $104.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS