Loading...
R-2021-065 - 3/11/2021RESOLUTION NO. R-2021-065 WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section 43.003 a home -rule municimay extend to the boundaries of the municipality and annemunicipalityx area adjacent to the municipality; and WHEREAS, Texas Local Government Code, Chapter 43, Subchapter C-3, authorizes municipalities to annex an area on the request of all property owners l'on an area; and WHEREAS, the City of Round Rock, Texas (the "City") has received a petition for annexation from Bob and Amanda Anders, et al. (collectively the "Owners") requesting the annexation of 47.94 acres out of the A. Thomas Survey, Abstract No. 609, along Westvi*ew Drive, South of Gatti*s School Road (the "Property"); and WHEREAS, the City desires to proceed with the annexation of the Property; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43,,0672, the City has negotiated a written agreement with the owners of the Property regarding the provision of services to the Property upon annexation ("Municipal Services Agreement"); and WHEREAS, the City and Owners desire to enter into this Municipal Services Agreement and abide by the terms therein, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Municipal Services Agreement, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. 0112.20212; 00466286 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 5 51, Texas Government Code, as amended. RESOLVED this 1 Ith day of March, 2021. ATTEST: , -w&t , I k " SARA L. WHITE, City Clerk CRAIG MORG Mayor City of Round tock, Texas 0) EXHIBIT nA» MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND WESTVIEW SOUTH OWNERS In THIS MUNICIPAL SERVICES AGREEMENT (the "Agreement") is entered into on the day of , 2021, by and between the City of Round Rock, Texas, a home -rule municipality of the State of Texas (the "City"), and Bob and Amanda Anders; Richard Nord; Marco and Sandra Leal; Michael and Denise Rucker; Jonathan Reading; Brian and Jessica Johnson; Steve M. Johnson; Brian Robinson; Belinda. Alexander and Jesus Solis and Petra Moya (collectively the "Owners"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered this Agreement. '. WHEREAS., Section 43.0671 of the Texas Local Government Code permits a municipality to annex an area if each of the owners of the land in an area request the annexation; aaxni d WHEREAS, when a municipality elects to annex such an area,, the municipality is required to enter into a written agreement with the property owners that sets forth services to be provided by the municipality for the properties in the affected area; and WHEREAS, the Owners own certain parcels of land situated in Williamson County, Texas, which consists of approximately 47.94 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A," attached hereto and incorporated herein by reference (the "Property " or the "Area"); and WHEREAS, the Owners have filed a written request with the City for annexation of the Property pursuant to Section 43.0671, identified as the "Westview South Annexation" (the "Annexation"); and WHEREAS, the City and Owners desire to set forth the City services to be provided for the Property on or after the effective date of the Annexation pursuant to Section 43.06729 and WHEREAS, the Annexation and execution of this Agreement are subject to approval by the governing body of the City; and NOW THEREFORE, i"n exchange for the mutual covenants, conditions and promises contained herein, the City and the Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation. 00464928/ss2 2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,, available municipal services to the Property as described herein, in accordance with State law, which may be accomplished through any means permitted by law. 3. MUNICIPAL SERVICES. A. Commencing on the effective date of the annexation, the City will provide the municipal services set forth below. For the purposes of this Agreement, the term " providing services " includes having services provided by any method or means by which the Cityay extend municipal services to any other area of the City, including the City's infrastructure extension policies and the developer or Owner's Participation,, in accordance with applicable State law and City ordinances, rules, regulations and policies. L Fire and Police Services. The City will provide these services to the Area. ii. Planning,, Zoning, Building and Code Enforcement. The City will provide comprehensive plc""Lning, land development, land use, and building review, inspection services and code enforcement in accordance with all applicable laws, 41 ordinances, rules, regulations and policies. iii. . I Streets'and Transportation. The City will maintain Westview Drivea public Aj right-of-way in a manner that is comparable to the level of 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. 4 iv. Water and Wastewater. Existing, occupied homes that are using water -well and on -site sewer facilities on the effective date of annexation may continue to use the same. If, and when, the Property is developed, platted, or the current use(s) of the Property changes in the future, land owners shall be required to fund and construct necessary water and wastewater capital improvements to serve the annexed Property in accordance with applicable State law and the Ci*ty's ordinances, rules, regulations and policies. v. Solid Waste Service. Within its corporate boundaries, the City currently contracts with Central Texas Refuse (dba "Round Rock Refuse") for residential collection only. Any commercial development in the Area shall contract individually for solid waste collection services. Be It is understood and agreed that the City i*s not required to provide any service that i*s not explicitly included in this Agreement. 4. AUTHORITY. The City and the Owners- represent that they have full power authority and legal right to execute, deliver and perform their obligations pursuant to this 2 Agreement,, Owners acknowledge that approval of the Annexation Is The within the sole jurisdiction of the City's governing body. Nothing in this Agreement guarantees favorable decisions by the City's governing body. 5. SEVERABILITY. If any part, term, or provision of this Agreement i's held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of ny other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never a part of the Agreement. 6. INTERPRETATION. The parties to this Agreement covenant and 0 agree that 1"n any litigation relating to this Agreement, the terms and conditions of this Agreement will be interpreted in accordance with the laws of the State of Texas. 7. GOVERNING LAW- AND VENUE0 This Agreement sh I be enforceable in Round Rock, Texas, alA if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This -Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8. GOVERNMENTAL POWERS. It i*s understood that by execution of this Agreement, flhe City does not waive or surrender any of its goveri-,mmental powers or immunities. 9. WAIVER. The failure of either party to insist on the performance of any term of provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to insist upon appropnate performance or to assert any such right on any future occasion. 10. COUNTERPARTS. This Agreement may be executed 1"n any number of counterparts, each of which shall be deemed an original andconsti"tute one and the same instrument. 11. CAPTIONS. The captions to the various clauses of this Agreement are for infiormation purposes only and shall not alter the substance of the terms and conditions of this Agreement. 12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY, This Agreement is binding on and inures to the benefit of the parties, their successors, and assi41 gns. The term of this Agreement constitutes covenants running with the land and is binding on the Owners. compromising the Property 13, ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the 41 parties and supersedes all prior oral and written agreements between said parties. This 0 Agreement sha11 not be amended unless executed in writing by both parties. 3 Executed as of the day and year first above written to be effective on the effective date of the annexation of the Property. City of Round Rock, Texas Date: Attest: MID Craig Morgan, Mayor Sara L. White, City Clerk For City, Approved as to Form: Stephan L. Sheets,, City Attorney 4 WESTVIEW OWNER,6 FRED ROBERI"" ANDERS JR SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by ]� .••v� (�•►`��• .. this day of,,.� 200 A.O. � Notam Public, State. of Texas ��.•�"Y��y KEVIN RAY GRIFFIN Notary Public. State of Texas Comm. Expires 12444*024 '�.'�a Notefy ID 132624906 WESTVILEW OWNER: IUCHARD NORD *I rs. WE Ir yr %w, lw R(lb.hard Nord WESTVIEW '..'.ER. MARCO AND SANDRA LEAL , Marco Leal Sandra Leal Ir WESTVIEW OWNER: MICHAEL AND DENISE RUCKER 8 Michael Rucker Denise Rucker tin ... ... .. .. f ibYt. •� Irli h � �� �f ... �.•r.'•�' . ��.j�'.?�`�rrt',*.A►•.1.�a'�RF�r::'�i�':.~A�wA• : ��i�� �• ... ti , �� �a' �, ...\ WESTVIEW OWNER.0 JONATIiAN READING ��1 WESTVIEW OWNER: BRIAN AND JESSICA JOHNSON 10 y; T: f. �s r WESTVIEW OWNER:9 JESUS SOLIS & PETRA MOYA 12 Jesus Solis Petra Moya a WESTVIEW OWNER: BRIAN ROBINSON 13 Brian Robinson WESTVIEW ONVNER, BELINDA A.LEXANDER 14 Bel da Alex der