O-2021-291 - 10/28/2021ORDINANCE NO. 0-2021-291
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.19
ACRE TRACT OF LAND IN THE M. HUNT SURVEY, ABSTRACT NO.
314 AND IN THE W. BARKER SURVEY, ABSTRACT NO. 1079 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 5.19 acres of land out of the
M. Hunt Survey, Abstract No. 314 and in the W. Barker Survey, Abstract No. 107,
Williamson County, Texas, 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 all property
owners for the 5.19 acre -tract further described in Exhibit "A;" and
0112.20212;00483452
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 October 28, 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
October 28, 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,
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.
That the City Council has heard the arguments for and against the annexation
and has determined to grant the petition for annexation.
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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.
1lw
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.
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.
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IA
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.
F'
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.
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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
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: w4t-
SARA L. WHITE, City Clerk
CRAIG O'RGMayor
City of ound Eck, Texas
61
EXHIBIT
«A„
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Property Description
Being a 5.19 acre tract of land in the M. Hunt Survey, Abstract No. 314 and in the W.
Barker Survey, Abstract 107, Williamson County, Texas.
[See attached map.]
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T10"110GIU-71HIC, AN
LA_NT,n_ TITLE SURVEY
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EXHIBIT
«B„
Annexation Petition
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:
A 5.19-acre tract of land in the M. Hunt Survey, Abstract No. 314 and in the W.
Barker Survey, Abstract No. 107, Williamson County, Texas.
And being more particularly described in the sketch and description attached hereto
as Exhibit "A".
I hereby certify, under oath, that:
(1) I, RCG CADE LAKE, LLC, LYNN YUAN, MANAGER, AM THE TRUE AND
ONLY OWNER 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.
IN ��! PAP M�_10
[Owner's signature]
LYW�Al AIA'Al
[printed name]
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by � 11/1 A his
1 5 day of�, 2021, A.D.
Notary PuYdoAtateTf Texas
(Seal)
HOngb VssR Wang
r M Commiion
+{ `� 0210602025
*r 10 No 132914168
EXHIBIT
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Services Agreement
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
RCG CADE LAKE, LLC
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 RCG Cade Lake, LLC, Lynn Yuan, Manager (the
"Owner").
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 5.19 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 "2735 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.
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 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. 'dater. 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 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
2
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.
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.
[Signatures on the following page.]
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CITY OF ROUND ROCK, Texas
By:
Date:
Attest:
By:
Craig Morgan, Mayor
Sara L. White, City Clerk
For City, Approved as to Form:
I0
Stephan L. Sheets, City Attorney
OWNERS:
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RCG Cade Lake, LLC by Manager, Lynn Yuan