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O-2021-095 - 4/8/2021ORDINANCE NO. 0=2021=095 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 180 ACRE OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA 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 AND ORDINANCES NOW IN EFFECT AND TO BE 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 (the "City") is a duly constituted Home Rule City pursuant lo Chapter 9, Local Government Code, as amended; and WHEREAS, the City desires to annex approximately 1.0 acres of land out of the Memucan Hunt Survey, Abstract No. 314, more fully described and depicted in Exhibit "A," attached hereto and incorporated herein for all purposes (collectively the "Property"); and WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section 436 ome-rule municipality may extend to the boundaries of the municipality and annex 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 in an area; and WHEREAS, the City has received a petition for annexation from the property owners for the 1.0-acre tract further described in Exhibit "A;" and 0112.20212, 00468112 WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0672, the City has negotiated and entered into a written agreement dated April 8, 2021, with the owners of the Property regarding the provision of services to the Property upon annexation, of which a copy of the applicable service plan and schedule is attached hereto and incorporated herein for all purposes as Exhibit "C;" and WHEREAS, the City Council provided public notice and held a public hearing on April 8, 2021, for all interested persons to attend and be heard in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43,106; and WHEREAS, the City has complied with all requirements established under the Texas Local Government Code necessary to take this action annexing the Property; and WHEREAS, the City Council hereby considers it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS8 : That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. 2 That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. That the property described in Exhibit "A" is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be -entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager 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. That this Ordinance shall become effective after its passage. 3 Villa That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 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. Be 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 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 4 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 gam' day of Pff L. )2021. Alternative 2. READ and APPROVED on first reading this the day of 2021. READ, APPROVED and ADOPTED on second reading this the day of 2021. ATTEST: IX " OA, SARA L. WHITE, City Clerk CRAIG MdRGAY, Mayor City of Round q6ck, Texas E Exhibit "A" Property Description 1.0 acre of land in the Memucan Hunt Survey, Abstract No. 314, in Williamson County, Texas, located at the north side of Roundville Lane and south of Louis Henna Boulevard at 30 Roundville Lane. w�F 0 \ O �t vd enNLo%i%S i \\e.00 �r Subject Tract 1.0 ac. l0 J EXHIBIT ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: • The tract of land conveyed to us in Deeds) recorded as Document No. 38968, Official Public Records of Williamson County, or in VoIurne 1590, Page 303, Deed Records of Williamson County. And being more particularly described in the sketch and description attached hereto as Exhibit "A". I hereby certify, under oath, that: I� I EXAS R. FLANIKEN & MARIA M. FLANIKEN ARE THE TRUE AND ONLY OWNER(S) OF THE ABOVE -DESCRIBED TRACT OF LAND, and (2) The above -described tract of land, as depicted in Exhibit "A", is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. ITexas R. Flaniken lMaria M. Flaniken STATE OF TEXAS § COUNTY OF WILLIAMSON § SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by dayof,/"/*,4eVA1 , 2021, A.D. Notary Public, State of Texas (Seal) r140 10 40% KAVREN INTEROONATO Notary ID #132385346 M,. M My Commission Expires March 3, 2024 rlAr•'a this 15 EXHIBIT MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND 30 ROUNDVILLE LANE OWNERS THISMUNICIPAL SERVICES AGREEMOL*NT (the "Agreement") is entered into on the 81 day of April, 2021, by and between the City of Round Rock, Texas, ahome-rule municipality of the State of Texas (the "City"), and Texas R.. Flaniken & Maria M. Flaniken (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; and WHEREAS, when a municipality elects to annex such an area, the mungo icipality 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 1.0 acre of land- in the City1s 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 "34 Roundville Lane 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 43.0672; and WHEREAS, the Annexation and execution of this Agreement are subject to approval by the governing body of the City; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, the City and the Owner agree as follows,a 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation. Z. 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 City may 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. i. Fire and Police Scrvicrs. The City will provide these services to the Area.. ii. Plann oni Buitdinp, and Code Enforcement. The City will provide comprehensive planning, land development, land use, and building review, inspection services and code enforcement in accordance with all applicable laws, ordinances, rules, regulations and policies. iii. Water and. water. Existing, occupied homes that are using water -well and 49 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 City's ordinances, rules, regulations and policies. iv. Spjid,V_�asteSe� 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. B. It is understood and agreed that the City is not required to provide any service that is 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 Agreement. The Owners acknowledge that approval of the Annexation is within the sole jurisdiction of the City's governing body. Nothing in this Agreement guarantees favorable decisions by the City's governing body. S. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any 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 agree that in 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 VENUE. This Agreement shall be enforceable in Round Rock, Texas, and 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 is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental 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 party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. COUNTERPARTS, This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the sane instrument. 11. CA.PTIONS. The captions to the various clauses of this Agreement are for information 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 assigns. The term of this Agreement constitutes covenants running with the land compromising the Property and is binding on the Owners. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. 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 By: Date: Attest: By: Craig Morgan, Mayor Sara L. White, City Clerk For City, Approved as to Focm: By: Stephan L. Sheets, City Attorney OWNERS: TEXAS R. FLANIKEN & MARIA M. FLANH(EN 11exas R. Flaniken [Maria M. Flaniken ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: • The tract of land conveyed to us in Deed(s) recorded as Document No. 38968, Official Public Records of Williamson County, or in Volume 1590, Page 303, Deed Records of Williamson County. And being more particularly described in the sketch and description attached hereto as Exhibit "A". I hereby certify, under oath, that: (1) TEXAS R. FLANfKEN & MARIA M. FLANIKEN ARE THE TRUE AND ONLY OWNER(S) OF THE ABOVE -DESCRIBED TRACT OF LAND, and (2)The above -described tract of land, as depicted in Exhibit "A", is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. (Texas R. Flaniken (Maria M. Flaniken STATE OF TEXAS § COUNTY OF WILLIAMSON § SUB SCRIBED AND SWORN TO ME BEFORE, a notary public, by��"'k & this /P 7' day of /"!/�/L'� , 2021, A.D. Notary Public, State of Texas (Seal) KAVREN INTERDONATO Notary ID #132385346 My Commission Expires of March 3, 2024 ELECTRONICALLY RECORDED 2021063006 Williamson County, Texas Total Pages: 13 THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2021-095 which annexes 1.0 acres of land out of the Memucan Hunt Survey into the city limits of Round Rock. This ordinance was approved and adopted at a regular meeting held by the City Council on the 8th day of April 2021 and recorded in the City Council minute book no. 63. CERTIFIED by my hand and seat of the City of Round Rock, Texas on this 28th day of April 2021. "' • • k%ot SARA L. WHITE, TRMC, City Clerk tot e vA G'r �"r 2021063006 Page 2 of 13 ORDINANCE NO. 0-2021-095 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.0 ACRE OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA 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 AND ORDINANCES NOW IN EFFECT AND TO BE 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 (the "City") is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and WHEREAS, the City desires to annex approximately 1.0 acres of land out of the Memucan Hunt Survey, Abstract No. 314, more fully described and depicted in Exhibit "A," attached hereto and incorporated herein for all purposes (collectively the "Property"); and WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section 43.003, a home-rule municipality may extend to the boundaries of the municipality and annex 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 in an area; and WHEREAS, the City has received a petition for annexation from the property owners for the 1.0-acre tract further described in Exhibit "A;" and 0112.20212;00468112 2021063006 Page 3 of 13 WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0672, the City has negotiated and entered into a written agreement dated April 8, 2021, with the owners of the Property regarding the provision of services to the Property upon annexation, of which a copy of the applicable service plan and schedule is attached hereto and incorporated herein for all purposes as Exhibit "C;" and WHEREAS, the City Council provided public notice and held a public hearing on April 8, 2021, for all interested persons to attend and be heard in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.106; and WHEREAS, the City has complied with all requirements established under the Texas Local Government Code necessary to take this action annexing the Property; and WHEREAS, the City Council hereby considers it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. 2 2021063006 Page 4 of 13 II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. Ill. That the property described in Exhibit "A" is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. 3 2021063006 Page 5 of 13 VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 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. 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 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 4 2021063006 Page 6 of 13 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 4.0 day of ► 0, ' , 2021. Alternative 2. READ and APPROVED on first reading this the day of , 2021. READ, APPROVED and ADOPTED on second reading this the day of , 2021. CRAIG RG , Mayor City of Round ck, Texas ATTEST: SARA L. WHITE, City Clerk 5 2021063006 Page 7 of 13 Exhibit "A" Property Description 1.0 acre of land in the Memucan Hunt Survey, Abstract No. 314, in Williamson County, Texas, located at the north side of Roundville Lane and south of Louis Henna Boulevard at 30 Roundville Lane. \ \ W<y{yF. 0 o sNerra�`�d subject 1.0 acract oO` dJ`‘‘ Vn 1111* . 6 2021063006 Page 8 of 13 [ , EXHIBIT „B,► ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock,Texas,the following described territory,to-wit: •The tract of land conveyed to us in Deed(s)recorded as Document No.38968, Official Public Records of Williamson County,or in Volume 1590,Page 303, Deed Records of Williamson County. And being more particularly described in the sketch and description attached hereto as Exhibit"A". I hereby certify,under oath,that: 1) TEXAS R. FLANIKEN & MARIA M. FLANIKEN ARE THE TRUE AND ONLY OWNER(S)OF THE ABOVE-DESCRIBED TRACT OF LAND,and (2) The above-described tract of land,as depicted in Exhibit"A",is contiguous and adjacent to the current city limits of the City of Round Rock,Texas. 4? Texas R.Flaniken i6-#.4- . • ��iL t� a I(� Maria M.Flaniken STATE OF TEXAS § COUNTY OF WILLIAMSON § ix"S 4 rtnr�'a SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by ClH'"I`4"‘ this /7'111 day of//Ae'h ,2021,A.D. lt.�Y�Vj KAVREN INTERDONATO ,000a7.- -- 11.111WW • 1 :°� n Notary ID#132385346 Notary 'ublic,State of Texas 1,,��� My Commission Ma chi,20Expires 24 1 or (Seal) v 2021063006 Page 9 of 13 EXHIBIT lie, MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK,TEXAS AND 30 ROUNDVILLE LANE OWNERS THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement")is entered into on the 8th day of April,2021,by and between the City of Round Rock,Texas,a home-rule municipality of the State of Texas(the"City"),and Texas R.Flaniken&Maria M.Flaniken(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; and 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 1.0 acre 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 "30 Roundville Lane 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 43.0672;and WHEREAS,the Annexation and execution of this Agreement are subject to approval by the governing body of the City;and NOW THEREFORE, in 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. 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 City may 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, roles, regulations and policies. 2021063006 Page 10 of 13 i.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 planning, land development, land use, and building review, inspection services and code enforcement in accordance with all applicable laws, ordinances,rules,regulations and policies. iii. 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 City's ordinances,rules,regulations and policies. iv. 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. B. It is understood and agreed that the City is not required to provide any service that is 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 Agreement. The Owners acknowledge that approval of the Annexation is 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 is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any 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 agree that in 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 VENUE. This Agreement shall be enforceable in Round Rock, Texas, and 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 is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental 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 party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10.COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 11.CAPTIONS. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. 2021063006 Page 11 of 13 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 assigns. The term of this Agreement constitutes covenants running with the land compromising the Property and is binding on the Owners. 13.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. 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 By: Craig Morgan,Mayor Date: Attest: By: Sara L.White,City Clerk For City,Approved as to Form: By: Stephan L.Sheets,City Attorney OWNERS: TEXAS R.FLANIKEN& MARIA M.FLANIKEN //e v{" 4444,01 Texas R.Flaniken . , = Maria M.Flaniken 2021063006 Page 12 of 13 ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUM)ROCK,TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock,Texas,the following described territory,to-wit: • The tract of land conveyed to us in Deed(s)recorded as Document No. 38968, Official Public Records of Williamson County,or in Volume 1590,Page 303, Deed Records of Williamson County. And being more particularly described in the sketch and description attached hereto as Exhibit"A". I hereby certify,under oath,that: 1) 1 LXAS R. FLANIKEN & MARIA M. FLANIKEN ARE THE TRUE AND ONLY OWNER(S)OF THE ABOVE-DESCRIBED TRACT OF LAND,and (2) The above-described tract of land,as depicted in Exhibit"A", is contiguous and adjacent to the current city limits of the City of Round Rock,Texas. Texas R.Flaniken • Maria M.Flaniken STATE OF TEXAS § COUNTY OF WILLIAMSON § SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by Ciiir`4`�'t this /7''14' day of A'L'h ,2021,A.D. • • s�av e KAVREN INTERDONATO 4 i `n Notary ID#132385346 0 i �,� ��� My Commission Expires Notary Public,State of Texas + • March], 2024 (Seal) 2021063006 Page 13 of 13 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021063006 Pages: 13 Fee: $65.00 04/28/2021 04:22 PM �AS E Of P11 `V • � tir Nancy E. Rister,County Clerk Williamson County,Texas