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R-91-1665 - 10/22/1991AT EST: E LAND, City Secretary RESOLUTION No. /tO 65,e, ,€ WHEREAS, Travis County Rural Fire Prevention District No. 3 (the "District ") includes, among other territory, an area within the extraterritorial jurisdiction of the City of Round Rock, Texas (the "City"); and WHEREAS, Sec. 794.053, V.T.C.A Health and Safety Code ( "Sec. 794.053 ") provides procedures whereby the District may request, and a city may agree to provide or cause to be provided, fire protection to such territory lying within the extraterritorial jurisdiction of such city and that upon such agreement by the City such territory shall be excluded from the boundaries of the District; and WHEREAS, Sec. 794.053 further provides that the District may collect taxes in territory excluded under Sec. 794.053 for the calendar year in which such territory is excluded from the District and that if the District collects such taxes the District must provide fire protection services to such territory for the entire calendar year; and WHEREAS, there has been presented to the City a request by the District that the City agree to provide or cause to be provided fire protection to such territory; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The City of Round Rock, through a mutual aid agreement with the Round Rock Volunteer Fire Department, agrees to provide fire protection to the territory located within the boundaries of the District that is also located within the extraterritorial jurisdiction of the City; provided, that the District shall provide fire protection to such territory until January 1,,19,92.- L - RESOLVED this g a, — " day of (L/t:�5' ).ut) ,1991. MIKE ROBINSON, Mayor City of Round Rock, Texas THE STATE OF TEXAS § COUNTY OF TRAVIS § CERTIFICATE FOR RESOLUTION I, the undersigned Secretary of the Board of Fire Commissioners of Travis County Rural Fire Prevention District No. 3 (the "District "), hereby certify as follows: 1. The Board of Fire Commissioners of said District (the "Board ") convened in Special Session on /0 - 7 , 1991, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of said Board, to-wit: and all of said persons were present, except for the following: /t/6i1/T22 ; thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Resolution was duly introduced for consideration of said Board and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried by the following vote: 4068f/48 ' Fred Maass, President Hubert Polansky, Vice President Gerald Acevedo, Secretary AYES: George Mentzer, Treasurer Terry Struble NOES: b ABSTENTIONS: o 2. A true, full and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the official minutes of the Board; the above and foregoing paragraph is a true, full and correct excerpt from said minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph, at the time of said meeting and the passage of said Resolution, were the duly chosen, qualified and acting officers and members of the Board as indicated therein; each of said officers and members was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of the aforesaid meeting and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented in advance to the holding of said meeting for such purpose; and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St., Article 6252 - 17, as amended. [SEAL] 4068f/49 SIGNED AND SEALED this �,v 7 /99/ . ecretary, Board of Fire Commissioners Travis County Rural Fire Prevention District No. 3 —2— • RESOLUTION WHEREAS, Travis County Rural Fire Prevention District No. 3 (the "District ") presently exists and is operating pursuant to Art. III, Sec. 48-d of the Constitution of Texas, and Ch. 794, V.T.C.A. Health and Safety Code, by authority of which the District is authorized to provide fire protection to the territory within the boundaries of the District; WHEREAS, a portion of the District lies within the extraterritorial jurisdiction of the City of Round Rock, Texas, and Sec. 794.053, V.T.C.A. Health and Safety Code ( "sec. 794.053 "), provides that territory within the boundaries or extraterritorial jurisdiction of a city shall be excluded from the territory of the District if the city agrees to provide fire protection to the territory; WHEREAS, sec. 794.053 provides procedures whereby the District may request and a city may agree to provide fire protection to such territory lying within the extraterritorial jurisdiction of such city; and WHEREAS, 794.053 further provides that the District may collect taxes in territory excluded under sec. 794.053 for the calendar year in which such territory is excluded from the District and that if the District collects such taxes the District must provide fire protection services to such territory for the entire calendar year; and WHEREAS, this Board of Fire Commissioners finds and determines that it will be in the best interest of the District and its inhabitants to request the City of Round Rock to provide fire protection to the territory located in the District that is also located in the extraterritorial jurisdiction of the City in order to enable the District to proceed with its conversion to an emergency services district; Now, Therefore BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF TRAVIS COUNTY RURAL FIRE PREVENTION DISTRICT NO. 3: Section 1. Findings. The statements contained in the premable of this Resolution are true and correct and are adopted as findings of fact hereby. Section 2. Request for Agreement to Provide Fire Protection. The District, acting by and through this Board of Fire Commissioners, shall request the City of Round Rock to agree to provide fire protection to the territory within the District that is also located within the extraterritorial jurisdiction of such City; provided, that, in the event the City of Round Rock so agrees, the District shall continue to provide fire protection to such territory until January 1, 1992. A certified copy of this Resolution shall serve as the District's request for such consent, and shall be presented to the governing body of the City of Round Rock, Texas, as required by law. 4068f/50 EXHIBIT "A" PROPOSED EMERGENCY SERVICES DISTRICT BOUNDARY BOUNDARY DESCRIPTION The area to be included in said Emergency Services District is the same as is now included within the established boundaries of Travis County Rural Fire Prevention District No. 3. Said area being more particularly described as follows; Beginning at a point of intersection of FM 1325 and Wells Branch Parkway (1), following the centerline of Wells Branch Parkway East to the intersection with Howard Lane (2): Thence following the Centerline of Howard Lane East to the intersection with IH35 and West Dessau Road (3), following the centerline of West Dessau Road East to a point of intersection with corporate city limits of the City of Austin (4); Thence following the City of Austin Corporated city limits line South and East to the point of intersection with Yager Lane (5); Thence following the Centerline of Yager Lane East to the intersection with Cameron Road (6); Thence North following the centerline of Cameron Road to a point of intersection with the Pflugerville Independent School District Boundary (7); Thence following the Pflugerville Independent School District Boundary East to a point of intersection with Fuchs Grove Road [8); Thence North following the Centerline of Fuchs Grove Road to the point of intersection of Cameron Road and Schmidt Lane (9), then East following the Centerline of Schmidt Lane to the point of intersection with FM 973 (10); Thence North following centerline of FM 973 to the point of intersection with Williamson County Line (11); Thence West following the Williamson - Travis County line to a point of intersection with the Round Rock City limit line (12), said point lying one- thousand feet (1000'), more or less, south and west of County Road 170, then following the Round Rock City limits to the point of intersection with Interstate Highway 35 (IH35) (13); Thence southward following the centerline of IH35 to the point of intersection with Bretton Lane (14); Thence South following the centerline to Bratton Lane to the point of intersection with Merri Mown Drive [15), following Merrilltown Drive Westward to the point of intersection with FM1325 (16); Thence South following the centerline of FM1325 to Wells Branch Parkway to the point of Beginning. Excluded from this Proposed Emergency Services District are the areas along IH35, FM1325, Cameron Road, West Dessau Road, County Road 170 and High Country Boulevard that fall within the city limits of the City of Austin or the city limits and the extraterritorial jurisdiction of the City of Round Rock. DATE: October 18, 1991 SUBJECT: City Council Meeting, October 22, 1991 ITEM: 10.A. Consider a resolution moving certain extra - territorial jurisdiction from the Travis County Rural Fire Prevention District No. 3. STAFF RESOURCE PERSON: Joe Vining /Lynn Bizzell Background Resolution 1657R, adopted September 26, 1991, stated that the Round Rock City Council was opposed to the creation of additional taxing districts for emergency services in our ETJ because of the potential for double taxation in the future. We learned later that this action would have a negative impact on the conversion of the existing Rural Fire Prevention District into an Emergency Service District. On October 7, 1991, the Board of Fire Commissioners for TCRFPD #3 passed a resolution seeking an agreement with Round Rock to provide fire protection to our ETJ now located in TCRFPD #3 after January 1, 1992, the expected date of conversion. This resolution attempts to provide the necessary documentation so that they may proceed with the conversion. Analysis The key element of this resolution is the phrase that clarifies who will actually be providing the fire protection. "The City of Round Rock, through a mutual aid agreement with the Round Rock Volunteer Fire Department, agrees to provide fire protection..." This resolution does not change our stance on taxing districts in our ETJ. It only provides the action necessary for the creation of a new district that will not include any of our ETJ.