R-2021-283 - 10/28/2021RESOLUTION NO. R-2021-283
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 of Round Rock, Texas (the "City") has received a petition for
annexation from 2735 SAW GRIMES, LLC (the "Owner") requesting the annexation of 9.24
acres out of the M. Munt Survey, Abstract No. 314 and in the W. Barker Survey, Abstract No.
107, located south of Louis Henna Boulevard and east of South AW Grimes Boulevard (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 owner of the Property
regarding the provision of services to the Property upon annexation ("Municipal Services
Agreement"); and
WHEREAS, the City and Owner 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; 00484161
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 551, Texas Government Code, as amended.
RESOLVED this 28th day of October, 2021.
ATTEST:
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SARA L. WHITE, City Clerk
& Mz
CRAIG M RG , Mayor
City of Round Rock, Texas
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EXHIBIT
"A"'
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROM TEXAS
AND
2735 SAW GRIMES LLC
TfIIS 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 2735 SAW GRIMES LLC (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 9.24 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 riled a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the "273 5 S. A.W. Grimes tract" (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 Owners 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,
avai 1 abl a municipal services to the Property as described herein, in accordance with State
lave, which may be accomplished through any means permitted by law.
00464929/SS2
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 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, landowners 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, terra 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.
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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. GOVERNMIENTAL 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.
12, AGREEMENT BINDS SUCCESSORS AND DUNS 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
Craig Morgan, Mayor
Date:
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Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
Stephan L. Sheets, City Attorney
OWNERS:
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Dharma Rajah