Z-99-12-16-12A2 - 12/16/1999 (2)K:\ WPDOCS \O10IWANC \091216A2.WPD /jkg
ORDINANCE NO. Z' `7g ILO I ofrl C�
AN ORDINANCE AMENDING CHAPTER 11, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING A
NEW SECTION 11.204, ADOPTING A GENERAL ANNEXATION
PLAN; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES
WHEREAS, Section 43.052, Local Government Code, V.A.T.S., as
amended, provides that Texas home -rule cities shall prepare an
annexation plan that specifically identifies annexations that may
occur beginning on the third anniversary of the date the annexation
plan is adopted, and,
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning such General Annexation Plan on the 17th day of
November, 1999, following lawful publication of the notice of said
public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the General Annexation Plan be adopted, and
WHEREAS, on the 9th day of December, 1999, the City Council
held a public hearing on the General Annexation Plan, following
proper notification, and
WHEREAS, the City Council has determined that the General
Annexation Plan attached hereto be adopted, and
WHEREAS, each and every requirement set forth in Section
43.052, Local Government Code, V.A.T.S., as amended, and in the
Code of Ordinances (1995 Edition), City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That Chapter 11, Code of Ordinances (1995 Edition), City of
Round Rock is hereby amended by adding a new Section 11.204, which
shall read as follows:
11.204 GENERAL ANNEXATION PLAN
The document entitled General Annexation Plan is hereby adopted as the statutorily -
mandated plan enumerated in Section 43.052, Local Government Code, V.A.T.S., as
amended, and is referred to in this Code as the "General Annexation Plan." A true and
correct copy of the General Annexation Plan shall be kept on file in the City Secretary's
Office and, in compliance with Section 43.052(j), Local Government Code, V.A.T.S.,
shall be posted and maintained on the city's Internet website.
H.
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conflict herewith are expressly repealed.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.
2.
C. The City Council hereby finds and declares the 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 hereof were discussed, considered
and formally acted upon, 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.
READ, PASSED, and ADOPTED on first reading this / 4 C 411 day
of
ATTEST:
Alternative 2.
READ and APPROVED on first reading this the day of
, 1999.
READ, APPROVED and ADOPTED on second reading this the
day of , 1999.
, 1999.
E
LAND, City Secretary
4 111" 16 10 /
RO :ERT A. STLUKA,I R., Mayor
City of Round Rock, Texas
3.
GENERAL ANNEXATION PLAN
In accordance with Section 43.052, Local Government Code, V.A.T.S., as amended, the City
of Round Rock, Texas, hereby establishes its General Annexation Plan, to -wit:
SPECIFIC IDENTIFICATION OF ANNEXATIONS THAT MAY OCCUR BEGINNING
ON THE THIRD ANNIVERSARY OF THE DATE THE ANNEXATION PLAN IS
ADOPTED:
None.
The City of Round Rock, Texas, does not plan to annex areas other than those areas
established as exceptions in Section 43.052(h), Local Government Code, V.A.T.S., as
amended.
Ki\ WPOOC S \ORDINANC \091216A2.WPD /jkg
II.
ENUMERATED EXCEPTIONS IN SECTION 43.052(H), LOCAL GOVERNMENT
CODE, V.A.T.S., AS AMENDED, WHICH MAY BE ANNEXED WITHOUT
INCLUSION ON THE GENERAL ANNEXATION PLAN:
(1) areas that contain fewer than 100 separate tracts of land on which one or more
residential dwellings are located on each tract;
(2) areas that will be annexed by petition of more than 50 percent of the real property
owners in the area proposed for annexation or by vote or petition of the qualified
voters or real property owners as provided in Subchapter B, Section 43.021 et. seq.,
Local Government Code, V.A.T.S.;
(3) areas that are or were the subject of:
(A) an industrial district contract under Section 42.044, Local Government Code,
V.A.T.S.; or
(B) a strategic partnership agreement under Section 43.0751, Local Govemment
Code, V.A.T.S.;
(4) areas that are located in a colonia, as that term is defined by Section 2306.581,
Government Code, V.A.T.S.;
(5) areas that are annexed under Section 43.026, 43.027, 43.029, or 43.031, Local
Government Code, V.A.T.S.;
(6) areas that are located completely within the boundaries of a closed military
installation; or
(7) instances when the municipality determines that the annexation of the area is
necessary to protect the area proposed for annexation or the municipality from:
(A) imminent destruction of property or injury to persons; or
(B) a condition or use that constitutes a public or private nuisance as defined by
background principles of nuisance and property law of this state.
1
ATTEST:
ADOPTED on this the 16th day of the month of December, 1999.
LAND, City Secretary
City of Round Rock, Texas
2
Date: December 9, 1999
Subject: City Council Meeting - December 16,1999
Item: 12.A2. Consider an ordinance adopting an Annexation Plan. (First
Reading) Although the City of Round Rock does not intend and
will not need to utilize the recently adopted 1999 legislative
statutory annexation procedure, it is still necessary to adopt an
ordinance that officially states this. Staff Resource Person: Joe
Vining, Planning Director.