A-13-01-10-G4 - 1/10/2013ORDINANCE NO. &-13-01-10-6;f+
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO -WIT: 14.78 ACRES DESCRIBED IN
EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS
BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF
ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND
REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED;
PROVIDING THAT SUCH PROPERTY 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, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT
AND THOSE WHICH ARE 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 is a duly constituted home -rule
municipality and, as such, is authorized to unilaterally annex territory subject to the laws
of the State of Texas and subject to its Charter; and
WHEREAS, a determination has been made that the following described territory
should be unilaterally annexed: a tract of land containing 14.78 acres of land, (the
"Property"), said Property being situated in Williamson County, Texas, and being more
particularly described on Exhibit "A" attached hereto and made a part hereof by
reference for all purposes; and
WHEREAS, the procedures prescribed by the Charter of the City of Round Rock
and the applicable laws of the State of Texas have been duly followed with respect to
the Property; and
WHEREAS, the City Council of the City of Round Rock by resolution directed the
City's Planning Director to prepare a service plan that provided for the extension of full
municipal services to the Property, and such service plan was duly prepared; and
0iwdoxMC1.1 0112\1304\ML NICIPAL\00265006 DOC/,.c
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WHEREAS, the City complied with all statutory provisions requiring notice to
property owners in the area proposed for annexation, to public entities providing
services in the area proposed for annexation, to private entities providing services in the
area proposed for annexation, to railroads with rights-of-way in the area proposed for
annexation, and to each public school district in the area proposed for annexation; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the first of two statutorily -required public hearings by causing notice to be
published in the Round Rock Leader newspaper on November 17, 2012; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the second of two statutorily -required public hearings by causing notice to
be published in the Round Rock Leader newspaper on December 8, 2012; and
WHEREAS, the City complied with all statutory provisions requiring website
posting of such first and second public hearings; and
WHEREAS, the City Council of the City of Round Rock held the first public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 6, 2012; and
WHEREAS, the City Council of the City of Round Rock held the second public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 20, 2012; and
WHEREAS, after considering the public testimony received at each such
hearing, the City Council of the City of Round Rock determines that annexation of the
Property is proper in all respects and that such action is in the best interests of the
community and its citizens; and
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WHEREAS, the City Council of the City of Round Rock finds that each and every
requirement of law concerning public notices, hearings, and other procedural matters
has been fully complied with; and
WHEREAS, the City Council of the City of Round Rock determines that the
Property for annexation which is more fully described in Exhibit "A" should be annexed;
Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That all of the above recitations are found to be true and correct and are
incorporated into the body of this Ordinance.
That the property described in the attached Exhibit "A", together with all adjacent
roadways, be and is hereby annexed and brought within the corporate limits of the City
of Round Rock, Texas, and same is hereby made an integral part hereof; and that the
boundary limits of the City of Round Rock be and the same are hereby extended to
include the above-described territory within the city limits of the City of Round Rock, and
the same shall hereafter be included within the territorial limits of the City of Round
Rock.
That the owners and present and future inhabitants of the area herein annexed
be entitled to all rights and privileges of other citizens and property owners of the City of
Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations
of the City, and all other legal actions now in full force and effect and all those which
may be hereafter adopted.
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That the official maps and boundaries of the City of Round Rock, heretofore
adopted and amended, be and are hereby amended so as to include the
aforementioned territory as part of the City of Round Rock, Texas.
ly
That the Service Plan providing for extension of municipal services to the areas
proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is
hereby approved.
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That the appropriate city official of the City of Round Rock 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 the City Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis
County, Texas.
VIII.
That this Ordinance shall become effective after its passage.
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
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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 thereof 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.
READ, PASSED, and ADOPTED on first reading this 0 day of
/ VI(il�L
12013.
Alternative 2.
READ and APPROVED on first reading this the day of
2013.
READ, APPROVED and ADOPTED on second reading this the day of
2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
BEING approximately 14.78 acres out of the William Bratton Survey No. 103 Abstract No. 100,
Travis County, Texas, more particularly described as follows;
BEGINNING at a point as described in a subdivision as recorded in file 1998 -467 -PF of the Plat
Records of Travis County, Texas as being a point found at the northwest corner of said Leif
Johnson Ford, Inc. tracts, same being the existing east rightoi way line of Interstate Highway 35
(R'& -of -way varies);
THENCE leaving said point bearing east at following the common southern line of Lot 4, Block
A, Coil Subdivision, recorded hi Volume 95, Page 105-106, Plat Records, Travis County, Texas
for an approximate 881 feet;
THENCE leaving die southeast point of said sub -tract in a northeastern direction to fallow a
line as described as the existing west ROW lune of Greenlawn Boulevard as recorded in
Document No. 2005100853 of the Official Public Records of Williamson County, Texas for an
approximate 1066 feet;
THENCE leaving the conunon line of said sub -tract and the existing west ROW Jane of
Greeniawn boulevard as recorded in Document No. 2005100853 of the Official Public Records of
Williamson Com-tty, Texas following a conunon line of the Pairey Annexation, as described in
Ordinance No. 3001, City of Round Rock, Texas, for an approximate 200 feet;
THENCE leaving the common line of said sub -tract and Pairey Annexation, as described in
Ordinance No 3001, City of Round Rocky Texas, and continuing ng along the common like of
shared sub -tract and the Sauey Annexation tract bearing southwest for an approximate 720 feet-,
THENCE following the common, line of said sub -tract and the southern portion of the Pairey
Annexation, in a northwestern direction a distance of an approximate 1,564 feet to the existing
east right-of-way kine of Interstate highway 35 (Right-of-way varies);
THENCE leaving said point to continue south an approximate 837 feet along the eastern right-
of-way
ightof-way of Interstate Highway 35 to the POINT OF BEGINNING, and containing 14.78 acres of
land, more or less.
p EXHIBIT
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SERVICE PLAN
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PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MORE OR LESS, 14.78 ACRES OUT OF THE WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 1009 TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT '`A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock, Texas proposes to annex the Property under Texas Local Government
Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal
Annexation Plan," Section 43.061 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Components of the Service Plan
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide fall municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City W11 provide fall municipal services to the property rpithin the aYalutorily-
inandated 2 1/2 year period. The City's program is for provision of such services
immediately upon annexation. The C31y does not propose a schedule to extend the
perlod for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
EXHIBIT
"B"
IE
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Travis County. Therefore, the City 3villprovide the following services to Nee Property
on the effective date of floe annexation:
(1) Policeln-otection - To be provided immediately upon annexation;
(2) Fire protection - To be provided immediately upon annexation,
(3) Emergency medical services — To be provided immediately upon annexation;
(4) Solid waste collection - Within its eorporale boundaries, the City contracts with
Bound Rock Refuse for residential collection only; therefore, any commercial
ventures may continue to contract individually for solid waste collection
service;
(S) Operation and maintenance of water and wastewater facilities - To be provided
within 2 Yj ,years of annexation. Additional services will be available in
accordance with flee City of Round Rock Subdivision Ordinance platting
requhrmenls;
(6) Operwtion and maintenance of public roads and streets, hocluding road and
street lighfing -- Inhtirediately upon annexation, The adjoining porlions of
Greenlarvn Blvd. and the northbound IA -35 frontage road are within the
Round Rock city limits Any CORR acceptance of dedicated and improved
rights-of-way in the fedure would be per the Subdivision Ordinance,
(7) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities our the Property, operation and maintenance
of satire is not at issue;
(8) Operation and maintenance of any other publicly owned facility, building, or
service - As there are none of these one the Property, operation and
maintenance of satire is not at issue;
B. Section 43.056(c) requires the City to define "hill municipal services" as services
provided by the City of Round Rock within its full -purpose boundaries, including water
and wastewater services and excluding gas or electlical service.
The City so defines `fell normicipal services."
C. Section 43.056(d) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
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capital improvements necessary for providing municipal services adequate to serve the
area.
Tire City has all capital improvements in place which al -e necessary for providing
municipal services adequate to serve the Property. No new capital improvements will
need to be acquired or constructed in order to provide municipal services adequate to
serve (lee Property.
E, Section 43.056(f) prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
Tire City will not require the creation of arrodrerpolitical subdivision.
Because there are mro capital improvements necessary to provide services to the
Property under its current use, the City will not require landowners of the Property to
fund capital improvements. However, if and when the Property is developed, platted,
or the current use of the Property changes in the fixture, landowners may be required
to fund capital improvements ire accordance with state law and Cit), ordinances and
regulations.
The City is currently able to provide municipal services to lire Property in a manner
that will not have the effect of reducing by more than a negligible amount the level of
fire and police protection and emergency medical services provided within the
coipor ate boundaries of the City.
F. Section 43.056(8) requires a determination of whether the area proposed for annexation
had a lower, equal, or higher level of services, infrastructure, and infrastructure
maintenance than the level of services, infrastructure, and infrastructure maintenance
provided within the corporate boundaries of the City before annexation.
Due to the current use of the Property, it has a lower level of services, infrastructure,
and infrastructure maintenance than the level of services, hrf astructure, and
infrastructure maintenance provided within the corporate boundaries of the City
before annexation.
Section 43,056(g) further requires that the service plan provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infi-astructure, and infi-astructurr maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
Kl
The City will provide the Property with a level of services, infrastructure, and
infrastructure maintenance that is comparable to or greater than that which is
available to other parts of the City which share similar topography, similar land use,
and sinllar population density) which is in accord with uninhabited undeveloped land.
G. Section 43.056(h) does not apply to the City,
1I. Section 43.056(i) does not apply to the City.
I. Section 43.056@ requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City will make its proposed service plain available at the public bearings schedtded
on December 6, 2012 rued December 20, 20]2. At such public bearing, comments and
requests for amendments to the service plain may be made. In response, the City nnay
or may not amend its proposed service plan; hoivever, the City will not amend the
service plan for the deletion of airy service.
J, Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that make the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The City acknowledges that, upon approval by the City Council evidenced by
attachment to tine ordinance annexing the Property, the service plate is a contractual
obligation not subject to amendment or repeal except under the statutory conditions
contained In Section 43.056(k).
K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.056(1) further gives a person residing or owning
land within the annexed Area the right to enforce a service plan by applying for a writ of
mandamus within specified time frames and, if such writ is issued, provides certain
possible remedies including disanuexation, specific performance in terms of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in mediation, and
required payment of landowners' costs and reasonable attorney's fees in bringing the
action for writ.
The City acknowledges that it is subject to the statutory requirennents of Section
43.056(1).
►.l
L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal set -vices be provided to cacti area of the municipality if different
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
Tire City acknowledges that a uniform level of full municipal services is not required to
be providers to an area of the City which, by reason of its different characteristics of
topography, land use, and population density, provides a sufficient basis for the City to
provide different levels of service.
The City rvili comply with requirements that municipal services be provided to the
Property which are adequate to serve the Properly with a level of services,
infrastructure, and Infrastructure maintenance that is comparable to or greater than
that which is available to other parts of lire City which share similar topography,
sintifar land use which is primarily agricultural, and similar population density which
is in accord with uninhabited undeveloped land.
M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste n►anagernent services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The City acknowledges that it is subject to lite requirements of Section 43.OS6(n).
N. Section 43.056(o) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(o).
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SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MORE OR LESS, 14.78 ACRES OUT OF THE WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 1009 TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock, Texas proposes to annex the Property under Texas Local Government
Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal
Annexation Plan," Section 43.061 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(x) requires the City "to prepare a service plan that provides for the extension of
full municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Components of the Service Plan
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City will provide full municipal services to the Property within the statutorily -
mandated 2 1/2 year period The City's program is for provision of such services
immediately upon annexation. The City does not propose a schedule to extend tine
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
K
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Travis County. Therefore, lite City will provide the following services to the Property
on the effective date of the annexation:
(1) Police protection - To be provided immediately upon annexation;
(2) Fire protection - To be provided immediately upon annexation;
(3) Emergency medical services — To be provided immediately upon annexation;
(4) Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only, therefore, any commercial
ventures may continue to contract individually for solid waste collection
service;
(5) Operation and maintenance of water and wastewater facilities - To be provided
within 2 i, years of annexation. Additional services will be available in
accordance with the City of Round Rock Subdivision Ordinance platting
requirements;
(6) Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation. The adjoining portions of
Greenlawn Blvd. and the northbound IH -35 frontage road are within the
Round Rock city limits. Any CORR acceptance of dedicated and improved
rights -of --way in the future world be per the Subdivislon Ordinance,
(7) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities on the Property, operation and maintenance
of same is not at issue;
(8) Operation and maintenance of any other publicly owned facility, building, or
service - As there are none of these on the Property, operation and
maintenance of same is not at issue;
B. Section 43.056(c) requires the City to define "full municipal services" as services
provided by the City of Round Rock within its full -purpose boundaries, including water
and wastewater services and excluding gas or electrical service.
The City so defines `full municipal services."
C. Section 43.056(d) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
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capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place which are necessary for providing
municipal services adequate to serve fire Property. No new capital improvements will
need to be acquired or constructed in order to provide municipal services adequate to
serve the Property.
E. Section 43.056(f) prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
The City will not require the creation of another political subdivision.
Because there are no capital improvements necessary to provide services to the
Property under its current use, the City will not require landowners of the Property to
fund capital improvements. However, if and when the Property is developed, platted,
or the current use of the Property changes in the future, landowners may be required
to fund capital Improvements in accordance with state law and City ordinances and
regulations.
The City is currently able to provide municipal services to lite Property in a manner
that will not have the effect of reducing by more than a negligible amount the level of
fire and police protection and emergency medical services provided within the
corporate boundaries of the City.
F. Section 43.056(g) requires a determination of whether the area proposed for annexation
had a lower, equal, or higher level of services, infrastructure, and infrastructure
maintenance than the level of services, infrastructure, and infrastructure maintenance
provided within the corporate boundaries of the City before annexation.
Due to the current use of the Property, it has a lower level of services, infrastructure,
and infrastructure maintenance than the level of services, infrastructure, and
infrastructure maintenance provided within the corporate boundaries of the City
before annexation.
Section 43.056(g) further requires that the service plan provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
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The City will provide the Property with a level of services, infrastructure, and
infrastructure maintenance that is comparable to or greater than that which is
available to other parts of the City which share similar topography, similar land use,
and similar population density which is in accord with uninhabited undeveloped land
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(1) does not apply to the City.
Section 43,0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City will make its proposed service plan available at the public hearings scheduled
on December 6, 2012 and December 20, 2012, At such public hearing, comments and
requests for amendments to the service plan maybe made. In response, the City may
or may not amend its proposed service plan; however, the City will not amend the
service plan for the deletion of any service.
J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that make the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The City acknowledges that, upon approval by the City Council evidenced by
attachment to the ordinance annexing the Praperq} the service plan is a contractual
obligation not subject to amendment or repeal except under the statutory conditions
contained in Section 43.056(k).
K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.056(1) further gives a person residing or owning
land within the annexed area the right to enforce a service plan by applying for a writ of
mandamus within specified time frames and, if such writ is issued, provides certain
possible remedies including disannexation, specific performance in terms of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in mediation, and
required payment of landowners' costs and reasonable attorney's fees in bringing the
action for writ.
The City acknowledges that it is subject to the statutory requirements of Section
43.056(1).
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L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal services be provided to each area of the municipality if different
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
The City acknowledges that a uniform level of full municipal services is not required to
be provided to an area of the City which, by reason of its dfferent characteristics of
topography, land use, and population density, provides a sufficient basis far the City to
provide dorerent levels of service.
The City will comply with requirements that municipal services be provided to the
Property which are adequate to serve the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to or greater than
that which is available to other parts of the City which share similar topography,
similar land use which is primarily agricultural, and similar population density which
is in accord with uninhabited undeveloped land
M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste management services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(n).
N. Section 43.056(o) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management service provider.
The City acknowledges that it is subject to th a requirements of Section 43.056(o).
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24 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
2013004478
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am
the custodian of the public records maintained by the City and that the above and foregoing is
a true and correct copy of Ordinance No. A -13-01-10-G4 which annexes 14.78 acres of land
located near IH -35 and Greenlawn Blvd. This ordinance was approved and adopted by the City
Council of the City of Round Rock Texas at a regular meeting held on the 101h day of January
2013 and is recorded in the City Council Minutes Book No. 60.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of
January 2013.
......; '�' SARA L. WHITE, TRMC, City Clerk
�-4
.r ,rte
ORDINANCENO.
AN ORDINANCE ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO -WIT: 14.78 ACRES DESCRIBED IN
EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS
BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF
ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND
REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED;
PROVIDING THAT SUCH PROPERTY 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, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT
AND THOSE WHICH ARE 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 is a duly constituted home -rule
municipality and, as such, is authorized to unilaterally annex territory subject to the laws
of the State of Texas and subject to its Charter; and
WHEREAS, a determination has been made that the following described territory
should be unilaterally annexed: a tract of land containing 14.78 acres of land, (the
"Property"), said Property being situated in Williamson County, Texas, and being more
particularly described on Exhibit "A" attached hereto and made a part hereof by
reference for all purposes; and
WHEREAS, the procedures prescribed by the Charter of the City of Round Rock
and the applicable laws of the State of Texas have been duly followed with respect to
the Property; and
WHEREAS, the City Council of the City of Round Rock by resolution directed the
City's Planning Director to prepare a service plan that provided for the extension of full
municipal services to the Property, and such service plan was duly prepared; and
0A%vdox\SCC1nts\01 12\1304\MUrIICIPAU00265008. DOC/rmc
WHEREAS, the City complied with all statutory provisions requiring notice to
property owners in the area proposed for annexation, to public entities providing
services in the area proposed for annexation, to private entities providing services in the
area proposed for annexation, to railroads with rights-of-way in the area proposed for
annexation, and to each public school district in the area proposed for annexation; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the first of two statutorily -required public hearings by causing notice to be
published in the Round Rock Leader newspaper on November 17, 2012; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the second of two statutorily -required public hearings by causing notice to
be published in the Round Rock Leader newspaper on December 8, 2012; and
WHEREAS, the City complied with all statutory provisions requiring website
posting of such first and second public hearings; and
WHEREAS, the City Council of the City of Round Rock held the first public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 6, 2012; and
WHEREAS, the City Council of the City of Round Rock held the second public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 20, 2012; and
WHEREAS, after considering the public testimony received at each such
hearing, the City Council of the City of Round Rock determines that annexation of the
Property is proper in all respects and that such action is in the best interests of the
community and its citizens; and
2
WHEREAS, the City Council of the City of Round Rock finds that each and every
requirement of law concerning public notices, hearings, and other procedural matters
has been fully complied with; and
WHEREAS, the City Council of the City of Round Rock determines that the
Property for annexation which is more fully described in Exhibit "A" should be annexed;
Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That all of the above recitations are found to be true and correct and are
incorporated into the body of this Ordinance.
That the property described in the attached Exhibit "A", together with all adjacent
roadways, be and is hereby annexed and brought within the corporate limits of the City
of Round Rock, Texas, and same is hereby made an integral part hereof; and that the
boundary limits of the City of Round Rock be and the same are hereby extended to
include the above-described territory within the city limits of the City of Round Rock, and
the same shall hereafter be included within the territorial limits of the City of Round
Rock.
That the owners and present and future inhabitants of the area herein annexed
be entitled to all rights and privileges of other citizens and property owners of the City of
Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations
of the City, and all other legal actions now in full force and effect and all those which
may be hereafter adopted.
N
IV.
That the official maps and boundaries of the City of Round Rock, heretofore
adopted and amended, be and are hereby amended so as to include the
aforementioned territory as part of the City of Round Rock, Texas.
V.
That the Service Plan providing for extension of municipal services to the areas
proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is
hereby approved.
VI.
That the appropriate city official of the City of Round Rock 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.
IM
That the City Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis
County, Texas.
VIII.
That this Ordinance shall become effective after its passage.
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
4
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 thereof 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.
READ, PASSED, and ADOPTED on first reading this 104)3 day of
2013.
Alternative 2.
READ and APPROVED on first reading this the day of
2013.
READ, APPROVED and ADOPTED on second reading this the day of
2013.
5
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
1C9
SARA L. WHITE, City Clerk
BEING approximately A78 acres out of the William Bratton Surrey No. 103Abstract: No.100,
Travis County, Texas, utore particularly described as follows;
BEGINNING at a point -as described in a subdivision as recorded in file 1998-467-11P of Ehe Plat
Records of Travis County, Texas as being a point found at the northwest comer of said Leif
Jolmson Ford, Ric. tracts, same being the existing east rig% of way Bite of Ixtterstate High-lvay 35
(Ri& of -way varies);
THENCE leaving said point bearing east atfollowhig the common sotttltern line of Lot 4,131ocic
A, Coil Subdivision, recorded. h -L Vohurte 95, Page 105106, Plat Records, Travis County, Texas
for art approximate 881 feet;
THENCE leaving tate sotltheast point of said sub -tract- in a northeastern direction to follow a
line as described as the existing west ROW rine of Greenlawn Boulevard as recorded in
Document No. 20051.00853 of fine Official Public Records of Williamson Comity, Texas for an
approximate 1.066 feet;
THENCE leaving the common line of said sub -tract and the existing west ROW J.ble of
Greenlaunn 13oulevEud as recorded inDoctmient No. 2005100853 of ilie Official Public Records of
Williamson Comity, Texas following a conunon lute of the Vairey Annexation, as described is
Ordinance No. 3001, City of Round Rock, Texas, for an approximate 200 feet;
THENCE leaving the common lute of said sub -tract and Fairey Aunexatioji, as described in
Ordinance No 3001, City of Round Rock, Texas, and continrung along the common line of
shaihd sub -tract and the Fairey Annexation tract bearing souffixvest for an approxh-nate 720 feet;
THENCE following, the conunon line of said sub. -tract and the southern portion of the Fairey
kmexation, in a northwestern direction distance of an approximate 1,564 -feet to the existaxg
east- rightof way line of Interstate Highway 35 (Right-of-way varies);
THENCE leavhtg said point to con.tintte south an approximate 837 feet along the eastern light-
of-way
ightof--way of ktri-state Highway 35 to the POINT OF HtdINNIN , and contruiung 14.78 acres of
lazd, more or less.
F
XHIBIT
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE, FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MORE OR LESS, 14.78 ACRES OUT OF THE, WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 1.00, TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock, Texas proposes to annex the Property under Texas Local Govenunent
Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal
Annexation Plan," Section 43.061 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full.municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Compoitents of the Service PJRn
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide RAI municipal services in the annexed area no later than 21/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
77ee City will provide full mraricipal services to the Property within flee strrttdarily-
mandated 2 1/2 year period. The City's Program is for provision of such services
immediately upon annexation. Tim City does not propose a. schedule to extend the
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on, the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water orwastewater utility:
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and stivinuning pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
EXHIBIT
The City does currently provide the entamerated services Wilda itv corporate
boundaries, with the exception of emergency medical services which are pPovided by
Tiravis Count. Therefore, the City will provide fire following services to the Property
ori the effective date of the annexation:
(1) ,Police protection - To be provided immedialely upolr annexation;
(2) .Fire protection - To be provided immediately upon annexatiola;
(3) Emergeney medical services — To be provided im meeliately uporP. arrrrexation;
(4) Solid surtste collection - Within its corporate boundaries, the City contracts with
Round .hock Refuse for residential collection only, therefore, any conrrrrercied
venturar may continue to contract individually for solid )Paste collection
ser pleej
(5) Operation and maintenance of water and wastewater facilities - To be provided
rvdlhiu 2 2 ,years of anrreawtion. Additional services ivill be available in
accordance )Pith file Citi► of Round ,Rock .Subdivision Ordinance platting
requirements;
(G) Operation and rnairrtenance of public roads and streets, including road and
street lighting Immediately upon emnexediou. The adjoilring portions of
Gmenlawn Blvd and the northbound II -35 frontage roam are within the
Round Rock city limits Any CORR acceptance of dedicated and improved
rights -Of -way ill thefrrtnrre would be per the Subdivision OMMance;
(7) Operation and maintenance of parks, playgrounds, and swinrrning pools - As
there are none of these facilities on the Property, operation and trlaintenance
of Same is Plot at issue;
(8) Operation and maintenance of airy other- publicly owned facility, building, or
service - As there are ,roue of these on the Property, operation and
maintenance of same is not of issue;
B. Section 43.056(c) requires the City to define "full municipal services" as services
provided by the City of Round Rock within its full -purpose boundaries, including water -
and wastewater services and excluding gas or electrical service.
The City so dunes `Dull municipal services"
C. Section 43.056(4) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
2
capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvmr etifs in place rulrich erre necessary for providing
municipal services adequate to serve the Property. No nese capital inrproventents ivill
creed to be acquired or constructed in order to provide nurnicipal services adequate to
serve the Property.
E. Section 43.056(f) prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
Tire Citjr will trot require the creation of anotherpolitical subdivision.
Because there are Ito capital innprovenrents necessary to provide services to the
Property under its current use, the City will trot require landowners of Ute Propi!nj► to
fund capital improvenrren ts. Holvever; if and when the Property is rleveloperl, platted,
or the current Ilse of the Properly changes in the futirre, landowners troy be required
to fund capital improventenrls in accordannee with state brit, and City orYlinances and
regulations.
The City is currently able to provide municipal services to the .Property in a trrallner
that will not have lire effect of reducing by more than. a negligible amount the level of
fire and police protection and emergency medical services provided Wilrin the
em porate boundaries ofthe City.
F. Section 43.056(8) requires a determination of whether the area proposed for aimexation
had a lower, equal, or higher level of services, infrastructure, and infrastructure
maintenance than the level of services, infrastructure, and infrastructure maintenance
provided within the corpoi°ate boundaries of the City before annexation.
titre to t11e curretrt use of the Property, it ltas a lower level of services, infrastructure,
and infrastructure rnainfetrance than the level of services, infrastructure, and
irnfrastructime maintenance provided within the corporate borrtrrlaries of the City
before annexation.
Section 43,056(g) further requires that the service plan provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastrtitcture maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
The City wtll provide the Property with a level of services, urf •astructrrre, mrd
infraslrrrcittre maintenance that is comparable to or greater than that ry IWI is
available to other palls of the City iMich share similar topography, similar larrrl use,
and similar population density which is irr accord )vith wrinhabited undeveloped land.
G. Section 43.056(1) does not apply to the City.
1-I. Section 43.056(i) does not apply to the City.
I. Section 43.0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service inay not be deleted.
The City ivill make itsproposarl service plait available at the public hearings selredrrled
an December G, 2012 and December 20, 2012. At such public hearing, continents and
requests for amendrrrents to the service plait may be made. III response, the City may
or may riot amend its proposed service plait; however, the City will not artreml the
service pian for the deletion of arty service,
J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that make the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The City acknowledges that, upon approval kit the City Council evidenced by
attachment to the ordinance annexhig the Pi-operty, the service plait is a contractual
obligation not subject to amendmeni or repeal except trader the statutory conditions
cotrtairied in Yectlou 43.056(k).
K. Section 43.050(1) establishes that a service plan is valid for 10 years and may be rene"'ved
at the discretion of the City. Section 43.056(1) lirrther gives a person residing or owrririg
land within the annexed area the right to enforce a service plan by applying 'far a writ of
mandamus within specified time fiames and, if such writ is issued, provides certain
possible remedies including disannoxation, specific performance in tarns of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in inediation, and
required payment of landowners' costs and reasonable attorney's fees in bringing the
action for writ.
The City acknowlettgar that it is suGject to the slatrdwy reguh-ements of Section
43.056(1).
4
L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal sewiices be provided to each area of the municipality if difi'erent
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
The City acknowledges that a anifoiYti level of fall nutizicipal services is not required to
be provided to art area of the City which, by reason of its d fferent chewacteristles of
topography, trial rise, acrd population density, provides a sufficient basis for the City to
provide different levels of service.
The Citj, will canrpljr with requille-Merits that nusrricipal servicer be prowled to the
Propert)i which are adequate to serve the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to or greater than
that which is available to other parts of the City which share Shnilrrr topography,
shullar land use which is primarily agricultural, and similar population density which
is in accord with uninhabited undeveloped laird.
M. Section 43.056(n) directs that the City inay not, within certain time frames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste nianagement services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(n).
N. Section 43.056(o) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(o).
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MORE OR LESS, 14.78 ACRES OUT OF THE WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 100, TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock; Texas proposes to annex the Property under Texas Local Government
Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal
Annexation Plan," Section 43.061 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Components of the Service Plan
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City W11 provide full municipal services to the Property within the statutorily -
mandated 2 1/2 year period. The City's program is for provision of such services
iminediately upon annexation. The City does not propose a schedule to extend the
period for providing any. services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract; the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Travis County. Therefore, the City will provide the following services to the Property
on the effective date of the annexation:
(I) Policeprotection - To be provided immediately upon annexation;
(2) Fire protection - To be provided immediately upon annexation;
(3) Emergency medical services — To be provided immediately upon annexation;
(4) Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only; therefore, any comrrrercial
ventures may continue to contract individually for solid waste collection
service;
(S) Operation and mabitenartce of water and wastewaterfacilides - To be provided
within 2 % years of annexation. Additional services will be available in
accordance with the City of Round Rock Subdivision Ordinance platting
requirements;
(6) Operation and maintenance of public roads and streets, including road and
street lighting -- 1'inmediately upon annexation. The adjoining portions of
Greenlarvn Blvd and the northbound IH -35 frontage road are within the
Round Rock city limits. Any CORR acceptance of dedicated and improved
rights-of-way in the future would be per the Subdivision Ordinance;
(7) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities on the Properly, operation and maintenance
of same is not at issue;
(8) Operation and lnairrtenance of any other publicly owned facility, building, or
service - As there are none of these on the Properly, operation and
maintenance of same is not at issue;
B. Section 43.056(c) requires the City to define "fiill municipal services' as services
provided by the City of Round Rock within its full -purpose boundaries, including water
and wastewater services and excluding gas or electrical service.
The City so defines `frill nurrricipal services."
C. Section 43.056(d) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
2
capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place ;Pinch are necessary for providing
municipal services adequate to serve the Property. No new capital improvements will
need to be acquired or constructed in order to provide municipal services adequate to
serve the ,Property.
E. Section 43.056(f) prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the efl'ect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
The City will not require the creation of another political subdivision.
Because there are no capital improvements necessary to provide services to the
,Property under its current use, the City will trot require landowners of lire Property to
fund capital improvements. Fpowever, if and when the Property is developed, platted,
or the current rose of the Property changes in the future, landowners may be required
to And capital improvements in accordance with state law and City ordinances and
regulations.
The City is currently able to provide municipal services to the Property in a manner
that will not have the effect of reducing by more than a negligible amount the level of
fire and police protection and emergency medical services provided within the
corporate boundaries of the City.
F. Section 43.056(8) requires a determination of whether the area proposed for annexation
had a lower, equal, or higher level of services; infrastructure, and infi-astructure
maintenance than the level of services, infrastructure, and infrastructure maintenance
provided within the corporate boundaries of the City before annexation.
,Due to the current use of the Property, it has a lower level of services, infrastructure,
and infrastructure maintenance than the level of services, infrastructure, and
infrastructure maintenance provided within the corporate boundaries of the City
before annexation.
Section 43.056(8) further requires that the service plan provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
The City will provide the Property with a level of services, infrastructure, and
infrastructure maintenance that is comparable to or greater than that which is
available to other parts of the City which share similar topography, similar laird use,
and similar population density which is in accord with uninhabited undeveloped land
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
1. Section 43.0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended tlirough
negotiation at the hearings except that provision of any service may not be deleted.
Tlie City will make its proposed service plan available at the public Bearings sclieduled
on December 6, 2012 and December 20, 2012. At such public !tearing, continents and
requests for amendments to the service plan may be made. ,In response, the City may
or inay not amend its proposed service plan; However, the City will not amend the
service plan for the deletion of any service.
J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that make the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The City acknowledges that, upon approval by the City Council evidenced by
attachment to the ordinance annexing the Property, the service plan is a contractual
obligation not subject to antendurent or repeal except under the statutory conditions
contained in Section 43.055(k).
K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.056(1) further gives a person residing or owning
land within the annexed area the right to enforce a service plan by applying for a writ of
mandamus within specired time frames and, if such writ is issued, provides certain
possible remedies including disannexation, specific performance in terms of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in mediation, and
required payment of landowners' costs and reasonable attorney's fees in bringing the
action for w7it.
The City acknowledges that it is subject to the statutory requirements of Section
43.06(1).
4
L. Section 43.056{m} establishes that the governing statutes do not require that a uniform
level of full municipal services be provided to each area of the municipality if different
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
The City acknowledges that a uniform level of full municipal services is not required to
be provided to an area of the City which, by reason of its different characteristics of
topography, land use, and population density, provides a sufficient basis for the Cite to
provide different levels of service.
The City will comply with requirements that Municipal services be provided to the
Property= which are adequate to serve the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to or greater than
that which is available to other parts of the City which share similar topography,
similar land use which is primarily agricultural, and similar population density which
is in accord with uninhabited undeveloped land.
M. Section 43.056(n) directs that the City may not, within certain time flames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste management services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(n).
N. Section 43.056(0) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management. service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(o).
W
ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE PASSIOR PROSPERITY.
Item No. G4.
Consider an ordinance annexing 14.78 acres of land located near IH -35 and Greenlawn
Agenda Caption: Blvd. (First Reading)
Meeting Date: January 10, 2013
Department: Planning and Development Services
Staff Person making presentation: Brad Wiseman, AICP
Interim Planning and Development Services Director
Item Summary:
This is the first reading of the ordinance to unilaterally annex 14.78 acres near IH -35 and Greenlawn Blvd. Two
public hearings have been conducted (December 6 and 20) as required by statute. On January 24, 2013 the Council
will conduct a public hearing on the original zoning of this property. This annexation is being proposed by staff
based on the Management Agenda adopted by the Council as part of the Strategic Plan, which gives staff the
direction to identify feasible and logical lands to be annexed. It is being processed in conformance with Texas Local
Government Code, Subchapter C-1, Section 43.061, which allows unilateral annexation of a site that does not
require a municipal annexation plan.
The subject area is located on the east side of IH -35-N frontage road, just north of Greenlawn Boulevard, and
contains a landscaping nursery (Whittlesey Landscape Supply) and recently opened retail store (Planet K). The area
is 14.78 acres and consists of 6 separate lots.
On October 29, 2012, written notices were sent by certified mail to the property owners and to all public and private
utility providers that could be affected. On November 2, 2012, Auspro Enterprises refused the certified letter. A
second letter was sent to Auspro by regular mail on November 29, 2012.
If ultimately annexed, the properties will be zoned in compliance with the Future Land Use Map, which designates
this site as "Dell Mixed Use". No specific zoning is recommended by the "Dell Mixed Use" classification, but a variety
of commercial zones would be compatible with that designation. On December 19, 2012, the Planning and Zoning
Commission recommended that the properties be zoned C -1a (Limited General Commercial) concurrent with the
annexation.
Currently, the property is unzoned and contains two existing businesses: a landscape nursery (Whittlesey Landscape
Supply) and a retail business (Planet K). No matter what zone is applied to the property, the existing businesses
would be allowed to continue to operate, but any change in use, new development or expansion would need to
comply with the applicable zoning district.
Cost: 221,708
Source of Funds: Utility Fund
Recommended Action: Approval
Greenlawn Annexation
October 2012
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Ordinance No. A -13-01-10-G4
Annexing 14.78 acres
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY CLERK
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2013004478
01/15/2013 11:03 AM
MARIA $108.00
NANCY E. RISTER, COUNTY CLERK
UILLIAMSON COUNTY, TEXAS
• 111111111 Jill TR" 2013027051 iq
19 PGS
THE STATE OF TEXAS
COUNTY OF TRAVIS
CITY OF ROUND ROCK
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am
the custodian of the public records maintained by the City and that the above and foregoing is
a true and correct copy of Ordinance No. A -13-01-10-G4 which annexes 14.78 acres of land
located near IH -35 and Greenlawn Blvd. This ordinance was approved and adopted by the City
Council of the City of Round Rock Texas at a regular meeting held on the 101h day of January
2013 and is recorded in the City Council Minutes Book No. 60.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 17th day of
January 2013.
Sat 6W-.
SARA L. WHITE, TRMC, City Clerk
, T T
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO -WIT: 14.78 ACRES DESCRIBED IN
EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS
BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF
ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND
REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED;
PROVIDING THAT SUCH PROPERTY 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, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT
AND THOSE WHICH ARE 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 is a duly constituted home -rule
municipality and, as such, is authorized to unilaterally annex territory subject to the laws
of the State of Texas and subject to its Charter; and
WHEREAS, a determination has been made that the following described territory
should be unilaterally annexed: a tract of land containing 14.78 acres of land, (the
"Property"), said Property being situated in Williamson County, Texas, and being more
particularly described on Exhibit "A" attached hereto and made a part hereof by
reference for all purposes; and
WHEREAS, the procedures prescribed by the Charter of the City of Round Rock
and the applicable laws of the State of Texas have been duly followed with respect to
the Property; and
WHEREAS, the City Council of the City of Round Rock by resolution directed the
City's Planning Director to prepare a service plan that provided for the extension of full
municipal services to the Property, and such service plan was duly prepared; and
0:hvdo)6SCC1ntsN0112430AMUPIICIPAU002650N DOUr
WHEREAS, the City complied with all statutory provisions requiring notice to
property owners in the area proposed for annexation, to public entities providing
services in the area proposed for annexation, to private entities providing services in the
area proposed for annexation, to railroads with rights-of-way in the area proposed for
annexation, and to each public school district in the area proposed for annexation; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the first of two statutorily -required public hearings by causing notice to be
published in the Round Rock Leader newspaper on November 17, 2012; and
WHEREAS, the City complied with all statutory provisions requiring newspaper
publication of the second of two statutorily -required public hearings by causing notice to
be published in the Round Rock Leader newspaper on December 8, 2012; and
WHEREAS, the City complied with all statutory provisions requiring website
posting of such first and second public hearings; and
WHEREAS, the City Council of the City of Round Rock held the first public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 6, 2012; and
WHEREAS, the City Council of the City of Round Rock held the second public
hearing concerning annexation of the Property, following lawful posting and publication,
on December 20, 2012; and
WHEREAS, after considering the public testimony received at each such
hearing, the City Council of the City of Round Rock determines that annexation of the
Property is proper in all respects and that such action is in the best interests of the
community and its citizens; and
0)
WHEREAS, the City Council of the City of Round Rock finds that each and every
requirement of law concerning public notices, hearings, and other procedural matters
has been fully complied with; and
WHEREAS, the City Council of the City of Round Rock determines that the
Property for annexation which is more fully described in Exhibit "A" should be annexed;
Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That all of the above recitations are found to be true and correct and are
incorporated into the body of this Ordinance.
That the property described in the attached Exhibit "A", together with all adjacent
roadways, be and is hereby annexed and brought within the corporate limits of the City
of Round Rock, Texas, and same is hereby made an integral part hereof; and that the
boundary limits of the City of Round Rock be and the same are hereby extended to
include the above-described territory within the city limits of the City of Round Rock, and
the same shall hereafter be included within the territorial limits of the City of Round
Rock.
That the owners and present and future inhabitants of the area herein annexed
be entitled to all rights and privileges of other citizens and property owners of the City of
Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations
of the City, and all other legal actions now in full force and effect and all those which
may be hereafter adopted.
3
IV.
That the
official maps
and boundaries of the City of
Round
Rock, heretofore
adopted and
amended, be
and are hereby amended
so as
to include the
aforementioned territory as part of the City of Round Rock, Texas.
V.
That the Service Plan providing for extension of municipal services to the areas
proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is
hereby approved.
NI
That the appropriate city official of the City of Round Rock 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 the City Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis
County, Texas.
VIII.
That this Ordinance shall become effective after its passage.
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
4
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 thereof 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.
READ, PASSED, and ADOPTED on first reading this 1011 day of
(IKAAI, 2013.
Alternative 2.
READ and APPROVED on first reading this the day of
12013.
READ, APPROVED and ADOPTED on second reading this the day of
2013.
5
ATTEST:
SARA L. WHITE, City Clerk
ALAN MCGRAW, Mayor
City of Round Rock, Texas
Z
TIEING approximately 1408 acres out of the William Bratton Survey No.103 Abstract No.100,
Travis County, Texas, more particularly described as follows;
BVIGINNING at a point -as described in a subdivision as recorded in file 1998 -467 --PP of Elie Plat
Records of Travis CounL7, Texas as being a pou7t• found at the northwest corner of said Leif
Johnson nord, hic. tracts, sande beitlg the existing east right of way line of Interstate Highway 35
{R,it-of-way varies);
THENCts leaving said point• bearhig east atfollowimg Elle common southenl lime of -Lot -4, Block
A, Coil Subdivision, recorded in Voltuue 95, Page 105-106, Plat Records, Travis County, Texas
for an approximate 881 Feet;
TIMNCG leaving the southeast point of said sub -tract hi a northeastern direction to follow a
line as described as the existing west ROW luie of Greerllawn Boulevard as recorded in
Document No. 2005100853 of elle Official Public Records of Williamson Comity, Texas for an
approxhwl a 1066 feet;
THENCE leaving the conunon line of said sttb-tthtct and the existing west ROW line of
Greenlawn Boulevard as xecorded in Docimlent No. 2005100853 0£ the Official Public Records of
Williamson Corulty, Texas following a conumn lute of the Vairey Annexation, as described in
Ordinance No. 3001, City of Round Rock, Texas, for an approximate 200 feet;
THENCE leaving the common line of said sub -tract and Fairey Atmexatxoo, as described in
Ordinance No 3001, City of Round Rock, Texas, and continuing along the common line of
sheihd sub -tract and tlhe Fairey Annexation tract bearing southwest for an approximate 720 feet;
THENCE following the conunon line of said sub -tract and the southern portion of the Fairey
kmexation, in a northwestern direction distance of an approximate 1,564 feet to the existing
east right-of-way line of Interstate Highway 35 (Right-of-way varies);
THENCE leaving said point to con ince south an approximate 837 feet along the eastern right-
of-way
ightof way of tr irnstate Highway 35 to the POINT OF BEGINNING, and containing 14.78 acres of
Izaid,, lhhore or less.
EXHIBIT
.1'
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE, FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MO=( OR LESS, 14.78 ACRES OUT OF THE WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 100, TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock, Texas proposes to annex the Property ander Texas Local Govertunent
Code, Subchapter C:-1 entitled "Annexation Procediue for Areas Exempted from Municipal
Annexation flan," Section 43.063 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full.rmurucipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality" Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Reauired Comnoneuts of the Service Plan
A_ Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 112 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 112 years).
flee City evil( provide fill municipal services to the Property within the stata terily-
mandoted 2 112 year period. The City's program is for provision of such services
immedlately upon annexation. The City does not propose a. schedule to extend the
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and inaintenanee of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
EXHIBIT
The City [toes carrefttly provide lire enumerated services rvlthin its corporate
boundaries, Wilt the exception of emergency lnredical services rvhich are provided by
It -avis Countj. Therefore, tine City will provide the following services to the Property
on the effective date of file annexation.
(1) Police protection - To be provided bnoiediafely upon annexation;
(2) ,i%ire protection - To be provided immediate/jt upon annexalioll,
(3) Emergency medical services — To be provided inmrediately rrpofr. a,nrex:ation;
(4) Solid waste collection - Within its corporate boundaries, the Clty coull-acts with
Round Rock Refuse for residential collection only; therefore, anj+ commercial
ventures may continue to contract individually for .solid yvasle collection
service,
(S) Operation and maintenance of water and [wastewater- facilities - To be provided
within 2 l years of anneraation. Additional services ivill be available in
accordance with the City of Round Rock Subdivision Ordinance platting
regWrements;
(6) Oper-ation and maintenance of public roads and streets, including road and
slreel lighting -- Immediately upon annexation. The adjoining poliions of
Greenlamm Blvd. and tine northborurd IH -35 frvrrtage road are withiar the
Round Rock city limits Any CORR acceptance of dedicated and improved
rights-of-wvaj► in the futrtre would be per the Subdivision Ordiarance;
(7) Operation and maintenance of parks, playgrotards, and swimming pools - As
there are none of these facilities on the Properij,, operation and maintellance
ofsafrre is not at issue;
(8) Operation acrd maintenance of any other publicly owned facility, building, or
service - As there are none of these nn the Property, operation and
maintenance of same is not of issue;
B. Section 43.056(c) requires the City to define "full municipal services" as services
provided by the City of Round Rock within its full -purpose boundaries, including water
and wastewater services and excluding gas or electrical service.
The City so elefines `fall municipal services."
C. Section 43.056(d) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
2
capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place Ivhich are necessary for providing
tnturicipal services adequate to serve the Property. No new capital haprovemetuts will
need to be acquired or constructed in order to provide nu niciptri services aderlrrtde to
serve the Property.
E. Section 43.056(fl prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fiend capital improvements
necessary to provide services, and from providing set -vices in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
The City will not require the creation of another political subdivision.
Because there are no capital improvements necessary to provide services to the
Property under its current use, the City will not require landowners of the Properly to
fund capital iruproventents. However; if and when the Property is developed, platted,
or the current Ilse of the Properly changes In diefuture, re, landowners may be required
to fund capital improvements in accordance with state law and Cif, ordirrancer and
regulations.
The City is currently able to provide municipal services to the Property in a »canner
that will not have lite effect of reducing by more than. a negligible tnnorunt the level of
fire and police protection and emergency nredical services provided Willin the
corporate boundaries of the City.
F. Section 43.056(g) requires a determination of whether the area proposed for annexation
had a lower; equal, or higher level of services, infrastructure, and infirastructuue
maintenance than the level of services, infrastructure, and infrastructure maintenance
provided within the corponate boundaries of the City before annexation.
Due to the current use of the Property, it has a to►ver level of services, infr astructirre,
and infrastructure maintenance ilrarl the level Of services, irJastructrtre, and
infrasthicture nlalntenance provided ►vithin the corporate boundaries of the City
before annexation.
Section 43,056(g) further requires that the service plan provide the annexed arca with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
The City will provide ilia Property with a level of services, In(frastructure, acrd
infrastrtrcture nrainterrance that is comparable Yo or greater flitrn that which is
available to other parts of the City tvlrich share similar topography, similar land use,
and similar population density which is in accord with wrinlrabited undeveloped land.
G. Section 43.056(1) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
I. Section 43.0566) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City will drake its proposed service plait available at the public hearings scheduled
on December 6, 2011 and December 20, 2012. At srtch public hearing, comments and
requests for arnendrnerds to the seri4ce plait may be made. In response, the City may
or may not antend its proposed service plan; however; the Cite will not amend the
service plan for the deletion of any service,
Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that snake the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The Cite acknoWarlges that, upon approval k1i the City Council evulenced by
atfachment to the ordinance annexing ilia Property, the service plats is a contractual
obligation not subject to amendment or repeal except carder Ilia statutory conditions
contained In Section 43.056(k).
K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.056(1) fitrther gives a person residing or owning
land within the annexed area the right to enforce a service plan by applying for a writ of
mandamus within specified time frames and, if such writ is issued, provides certain
possible remedies including disannexation, specific performance in terms of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in mediation, and
required payment of Lando avers' costs and reasonable attorney's fees in bringing the
action for writ.
The City acknowledges that it is subject to the sfatutoy requirements of Section
43.056(1).
4
L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal services be provided to each area of the municipality if different
characteristics of topography, land use, axed population density constitute a sufficient
basis for providing different levels of service.
The City aclnrowledges that a uniform level offull murhicipal services is not required to
be provided to an aiva of the City rvlrich, by reason of its different characteristics of
lopogr aphy, land use, haul population density, provides a sufficient hasis for the City to
p)ovidle different levels of service.
The Citj, will comply iviat requirements that nutrticipal services be p1•ovided to the
Property which are adequate to serve the Flopeay with a level of services,
inftostructra-e, and id frastrnctrhre maintenance that is comparable to or greater than
fliat tvltich is available to other parts of the City which share similar topography,
similar laird use which islw1marlly agricultural, and shnilar population density which
is in accord with uninkabitedl undeveloped land.
M. Section 43.056(n) directs that the City inay not, within certain time frames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste management services on a
person who continues to use the services of a privately owned solid waste management
service proNider.
The City acknowledges that it is subject to the requirements of Section 43.056(i)).
N. Section 43.056(0) states that the City is not required to provide solid waste collection
set vices to a person who continues to use the services of a privately owned solid waste
management service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(o).
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 14.7
ACRES, MORE OR LESS, 14.78 ACRES OUT OF THE WILLIAM
BRATTON SURVEY NO. 103 ABSTRACT NO. 100, TRAVIS COUNTY,
TEXAS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO (THE
"PROPERTY").
The City of Round Rock, Texas proposes to annex the Property under Texas Local Government
Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal
Annexation Plan," Section 43.061 et seq.
The Property contains a retail store and a separate landscape nursery on approximately 7 acres.
The remainder is undeveloped. The adjacent property to the north is developed with commercial
uses. The remaining adjacent properties are undeveloped.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Components of the Service Plan
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City will provide full municipal services to the Property within file statutorily -
mandated 2 1/2 year period. The City's program is for provision of slit!, services
immediately upon annexation. The City does not propose a schedule to extend the
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly oANmed facility, building, or service.
The City does currently provide the enumerated services Wain its corporate
boundaries, with the exception of emergency medical services which are provided by
Travis County. Therefore, the City will. provide the following services to the Property
on the effective date ofthe annexation:
(1) Police protection - To be provided immediately upon annexation;
(2) Fire protection - To be provided immediately upon annexation;
(3) Emergency medical. services — To be provided in:mediately upon annexation,
(4) Solid waste collectiotr. - Within its corporate boundaries, the Cit}, contracts with
Round Rock Refuse for residential collection only; therefore, any commercial
ventures nay continue to contract individually for solid waste collection
service;
(S) Operation and maintenance of water and wastewaterfacilides - To be provided
within 2 % years of annexation. Additional services will be available it,
accordance with t&e City of Bound Rock Subdivision Ordinance platting
requirements;
(6) Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation. The adjoining portions of
Greenlawn Blvd, and the northbound IH -35 frontage road are within the
Round Rock city limits. Any CORR acceptance of dedicated and improved
rights-of-way in the future would be per the Subdivision Ordinance;
(7) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities oil the ,Property, operation and maintenance
of sante is not at issue;
(8) Operation and fnaintenance of any other publicly owned facility, building, or
service - As there are none of these on the Property, operation and
maintenance of same is not at. issue;
B. Section 43.056(c) requires the City to define "full municipal services" as services
provided by the City of Round Rock within its full -purpose boundaries, including water
and wastewater sei vices and excluding gas or electrical service.
The City so defines " Rill municipal services."
C. Section 43.056(d) does not apply to the City.
D. Section 43.056(e) requires that the service plan include a program under which the City
will initiate after the effective date of the annexation the acquisition or construction of
2
capital improvements necessary for providing municipal services adequate to serve the
area.
The City has all capital improvements in place which are necessary for providing
municipal services adequate to serve the Property. No new capital improvements will
need to be acquired or constructed in order to provide municipal services adequate to
serve the Property.
E. Section 43.056(f) prohibits the service plan fiom requiring the creation of another
Political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
The City will not require the creation of another political subdivision.
!Because there are no capital improvements necessary to provide services to the
,Property under its current use, fire City will not require landowners of the Property to
fund capital improvenents However, if and when the Property is developed, platted,
or the current rise of the Property changes in the fixture, landowners may be required
to firm! capital improvements in accordance With state law and City ordinances and
regulations.
The City is currently able to provide rnrtnicipal services to the Property in a manner
that will not have the effect of reducing by more than a negligible attlount the level of
fere and police protection and emergency medical services provided withilt file
corporate boundaries of the City.
F. Section 43.056(8) requires a determination of whether the area proposed for annexation
had a lower, equal, or higher level of services, infrastructure, and infrastructure
maintenance than the level of services, infrastructure, and infiastructure maintenance
provided within the corporate boundaries of the City before annexation.
Due to the current use of the Property, it has a lower level of services, infrastructure,
and infrastructure maintenance than the level of services, infrastructure, and
infrastructure maintenance provided within the corporate boundaries of the City
before annexation.
Section 43.056(8) further requires that the service plan provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
The City will provide the property witlt a level of services, infrastructure, and
infrastructure maintenance that is comparable to or greater than that wleiclt is
available to other parts of the City rvltielt SIMM similar topography, similar laird use,
ar popr�latiort density wlticlr
and similis in accord ivith uninkit d undeveloped laird
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
1. Section 43.0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City 1411 make its proposed service plan available at the public bearings schedrded
on December 6, 2012 and December 20, 2012, At such public !tearing, continents and
requests for atnendmettis to the service plan may be tirade. lir response, the City uray
or rrray not amend its proposed service plait; However, the City will not amend the
service plan for the deletion of any service.
Section 43.056(k) makes a Council -approved service plan a contractual obligation not
subject to amendment or repeal except in the case of changed conditions or subsequent
occurrences that make the service plan unworkable or obsolete; in such case, the
amended service plan must provide for services that are comparable to or better than
those established in the original service plan.
The City acknowledges that, upon approval by the City Council evidenced by
attachtnent to the ordinance anIrexing the property, the service plan is a contraetrtal
obligation not subject to anteudnrent or repeal except under the statutory conditions
contained in Section 43.056(k).
K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.056(1) fiirther gives a person residing or owning
land within the annexed area the riglrt to enforce a service plan by applying for a writ of
mandamus within specified time frames and, if such writ is issued, provides certain
possible remedies including disannexation, specific perfoin�ance in terms of compliance,
refund by the City of money collected from landowners for services not provided,
assessment of civil penalties against the City, required participation in mediation, and
required payment of landowners' costs and reasonable attorney's fees in bringing the
action for writ.
Tile City acknowledges that it is srtbjeel to the statutory requirements of Section
43.06(1).
4
L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal services be provided to each area of the municipality if different
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
The City acknowledges that a uuuifornr level of full municipal services is not required to
be provided to an area of tine City which, by reason of its different ellaracteristics of
topography; land use, and population density, provides a sli fucient basis for tlue City to
provide different levels of service.
The City will comply with requirements drat municipal services be provided to the
Property which are adequate to serve the Property with a level of services,
infrastructure, and infrastructure nrainteruance that is comparable to or greater titan
that which is available to other parts of tlue City which share similar topography,
similar land use which is primarily agrictltural, and similar pop uulatiour density which
is in accord with uninhabited undeveloped land.
M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the
collection . of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste management services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The Cite acknowledges that it is subject to the requirements of Section 43.056(
N. Section 43.056(0) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management service provider.
Tile City acknowledges that it is subject to the requirements of Section 43.056(o).
Ordinance No. A -13-01-10-G4
Annexing 14.78 acres
AFTER RECORDING, PLEASE RETURN TO:
0 CITY OF ROUND ROCK
ATTN: CITY CLERK
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
46 40 %
Feb 13, 2013 01:55 PM 2013027051
CLINTONS: $88.00
Dana DeBeauvoir, County Clerk
Travis County TEXAS