O-2022-382 - 11/17/2022 ORDINANCE NO. 0-2022-382
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.41
ACRES OF LAND, OUT OF THE HENRY MILLARD SURVEY,
ABSTRACT NO. 452, 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 21.41 acres of land out of
the Henry Millard Survey, Abstract No. 452, 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 21.41-acre tract further described in Exhibit "A;" and
0 1 12.20222;4895-5303-7117
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 November 17, 2022, 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
November 17, 2022, for all interested persons to attend and be heard in accordance
with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0673; 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:
I.
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.
II.
That the City Council has heard the arguments for and against the annexation
and has determined to grant the petition for annexation.
2
III.
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.
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.
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.
4
READ, PASSED, and ADOPTED on first reading this 17t&day of
KIDWAt0e, 2022.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2022.
READ, APPROVED and ADOPTED on second reading this the day of
, 2022.
CRAIG YA RGAN, Mayor
City of Round Ro , Texas
ATTEST:
A AA
IVICAGAN 0NKS, Pity Clerk
5
Exhibit "A"
Property Description
21.41 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and east of CR 110.
[See attached map.]
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Exhibit "B"
Annexation Petitions
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:
19,788 acres out of the Henry Millard Survey Abstract Number 452 in 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) AUSTIN ROUND ROCK 20, LP AM/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.
toaQ�_'(tom,
[Owner's signature]
Krishna Nimmagadda
[Owner's printed name]
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by Jt' this
D54� day of o C$;2✓ _, 202 , A.D.
Notary Public, State of Texas
(Seal)
0rn
PAUL W FREEMAN
Notary ID#129131107
My Comission Expires
October 1, 2024
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:
1.622 acres out of the Henry Millard Survey Abstract Number 452 in Williamson
County, Texas
And being more particularly described in the sketch and description attached hereto
as Exhibit"A".
I hereby certify, under oath, that:
(I) PRISM CONSTRUCTION, LLC and DECICORN, LLC AM/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.
[Owner's signature]
Sla3h0a Aalaa�l
[Owner's printed name]
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SR.tr`E b*AR
SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by �t.._*R j this
10 0— day of A tNCiA6612_, 2022, A.D.
N111.1 ANNE OUIROGA
Na1ary AubWC,State of Text 1
t s Notary ID#39714-5 l
my caweission Expires _
2026 Notary Public, State ofTkxas
(Seal)
[Owner's signature]
[Owner's printed name]
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
qa3bt+A1Q
SUBSCRIBED AND SWORN TOME BEFORE, a notary public, by �-A"oki this
/Off'— day of_&24eM6jsiK 2022, A.D.
ANNE QUIROGA
Notary Public,State of Texas
Notary IDN 39714-5 �_�—'�/�� 2
My Commission Expires
8 2025
Notary Public, State 6fTexas
4
(Seal)
Exhibit "A"
Property Description
21 .41 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and east of CR 110.
[See attached map.]
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MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK,TEXAS
AND
PRISM CONSTRUCTION LLC & DECICORN LLC AND AUSTIN ROUND
ROCK 20,LP
THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the
day of , 2022, by and between the City of Round Rock, Texas, a home-rule municipality
of the State of Texas (the"City"), and PRISM CONSTRUCTION LLC & DECICORN LLC and
AUSTIN ROUND ROCK 20, LP(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 Owner owns a certain parcel of land situated in Williamson County,
Texas, which consists of approximately 21.14 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 Owner has filed a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the"Discovery Tract"(the"Annexation"); and
WHEREAS,the City and Owner 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.
I 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. The property is located within Jonah Water Special Utility
District (the "District") and water service is available and will be provided by the
District upon annexation of the Property. The City will provide wastewater for the
Property. 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 "CTR") 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 Owner represent that they have full power authority and
legal right to execute, deliver and perform their obligations pursuant to this Agreement.
The Owner acknowledges 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.
2
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.
& 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 Owner.
0. 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:
3
Attest:
By:
Meagan Spinks, City Clerk
For City,Approved as to Form:
By:
Stephanie Sandre,City Attorney
AUSTIN ROUND ROCK 20, LP:
By: bl�OT�
Krishna Nimmagadda, Manager
10/25/2022
Date:
4
PRISM CONSTRUCTION LLC
By:
Name: Sreedhar Aaloori
Title: Partner
Date: 11/01/2022
5
DECICO�.1V LLC•
� I �,L kl(,C,(
By: S U�N��.nJ
Name, Title
Date:-Lod S I 2?�
6
Exhibit "A"
Property Description
21 .41 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and east of CR 110.
[See attached map.]
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