A-06-10-26-12B3 - 10/26/2006ORDINANCE NO. A - O0- i0-20-1283
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND
ROCK, TEXAS, TO -WIT: 56 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 56 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
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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
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 September 2, 2006; 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 September 16, 2006; 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 September 14, 2006; and
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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 September 28, 2006; 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
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:
I.
That all of the above recitations are found to be true and correct
and are incorporated into the body of this Ordinance.
II.
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 withinthe city limits of the City of
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Round Rock, and the same shall hereafter be included within the
territorial limits of the City of Round Rock.
III.
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.
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.
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VII.
That the City Secretary 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 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
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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.
By motion duly made, seconded and passed on affirmative vote of
all Council members present, the requirement for reading this Ordinance
on two separate days was dispensed with.
READ, PASSED and ADOPTED on first reading this day of
, 2006.
Alternative 2.
READ and APPROVED on first reading this day of
, 2006. 4140
READ, APPROVED and ADOPTED on second reading this day of
Dekikial, 2006.
ST:
R
Christine R. Martinez, City Secr
ary
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Exhibit A. Description of Crossley Crossing and Johnson Lane Tract
56 acres of land, more or less, described as being out of the P.A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, and
comprised of two portions located south of Forest Creek Drive, north of the
Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk
Road, as illustrated on the attached Exhibit A.1., and being further described
as follows:
Crossley Crossing Portion
BEGINNING at a point, said point being the intersection of the south edge
of the right-of-way of Forest Creek Drive and the west edge of the right-of-
way of Rusk Road,
thence southward along the common west edge of right-of-way of Rusk
Road and the eastern boundary of a privately owned 4.00 acre tract,
identified as Williamson Central Appraisal District (WCAD) tax parcel ID
Number R324378 and described in Volume 682 Page 342, and Volume 993
Page 878 of the Williamson County Deed Records (WCDR), approximately
320 feet to a point, said point being the southeast corner of said 4.00 acre
tract, same being the northeast corner of a privately owned called 1.48 acre
tract identified as WCAD tax parcel ID Number R367647 described in
Document Number 2004026571 Official Public Records of Williamson County
(OPRWC), locally known as Crossley Crossing;
thence southward along the common west edge of right-of-way of Rusk
Road and the east boundary of said Crossley Crossing tract approximately
50 feet to a point, said point being the southeast corner of said Crossley
Crossing, same being the northeast corner of a privately owned 2.00 acre
tract identified as WCAD tax parcel ID Number R055840 described in Volume
1088 Page 330 WCDR;
thence southward along the common west edge of right-of-way of Rusk
Road and the east boundary of said 2.00 acre tract approximately 210 feet
to a point, said point being the southeast corner of said 2.00 acre tract,
same being the northeast corner of a privately owned 29.158 acre tract
identified as WCAD tax parcel ID Number R055829 described in Document
Number 1998040925 OPRWC;
thence westward along the common southern boundary of said 2.00 acre
tract and the northern boundary of said 29.158 acre tract approximately 414
feet to a point, said point being the southwest corner of said 2.00 acre tract,
same being the southeast corner of a privately owned 1.0 acre tract
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identified as WCAD tax parcel ID Number R376594, described in Document
Number 1998013558 OPRWC;
thence westward along the common southern boundary of said 1.00 acre
tract and the northern boundary of said 29.158 acre tract approximately 208
feet to a point, said point being the southwest corner of said 1.00 acre tract
and the southeast corner of a privately owned 2.00 acre tract identified as
WCAD tax parcel ID Number R055824;
thence northward along the common western boundary of said 1.00 acre
tract and the eastern boundary of said 2.00 acre tract approximately 210
feet to a point, said point being the northwest corner of said 1.00 acre tract,
same being the northeast corner of said 2.00 acre tract, same being located
on the southern boundary of the aforementioned Crossley Crossing tract;
thence westward with the common southern boundary of the said Crossley
Crossing tract and the northern boundary of the 2.00 acre tract
approximately 339 feet to a point, said point being approximately 330 east
of the southwest corner of the said Crossley Crossing tract, same being the
northeast corner of said 2.00 acre tract;
thence northward across said Crossley Crossing tract at a bearing parallel to
the right-of-way of Rusk Road approximately 50 feet to a point, said point
being the southeast corner of a privately owned 2.37 acre tract identified as
WCAD tax parcel ID Number R055890, same being the southwest corner of a
privately owned 1.98 acre tract identified as WCAD tax parcel ID Number
R055889, described in Document Number 2005050066 OPRWC, same point
being on the northern boundary of said Crossley Crossing tract;
thence northward along the common western boundary of said 1.98 acre
tract and the eastern boundary of said 2.37 acre tract approximately 316
feet to a point, said point being the northwest corner of said 1.98 acre tract,
same being the northeast corner of said 2.37 acre tract, same being on the
south edge of the right-of-way of Forest Creek Drive;
thence eastward with the common south edge of right-of-way of Forest
Creek Drive and the northern boundary of said 1.98 acre tract approximately
274 feet to a point, said point being the northeast corner of said 1.98 acre
tract, same being the northwest corner of the aforementioned 4.00 acre
tract;
thence eastward with the common southern south edge of right-of-way of
Forest Creek Drive and the northern boundary of said 4.00 acre tract
approximately 690 feet to the POINT OF BEGINNING, and containing the
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aforementioned 4.00 acre (R324378), called 1.98 acre (R055889), 2.00 acre
(R055840), 1.00 acre (R376594), and 1.98 acre (R055889) tracts, and an
internal, wholly contained called 0.96 tract identified as WCAD tax parcel ID
Number R055755, described in Volume 592 Page 354 WCDR, and that
portion of the called 1.48 acre Crossley Crossing tract (R367647), for a total
of 13 acres, more or less.
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Johnson Lane Portion
BEGINNING at a point, said point being in the west edge of right-of-way
of Rusk Road, same being the northeast corner of Lot 68 Block A of the
Rolling Ridge Section 1-B Subdivision as recorded in Cabinet L Slides 394 -
395 Plat Records of Williamson County, identified as WCAD tax parcel ID
Number 349461, same being the southeast corner of a privately owned 4.57
acre tract identified as WCAD tax parcel ID Number R055771 and described
in Volume 2070 Page 248 WCDR;
thence westward along the common southern boundary of said 4.57 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 456 feet to a point, said point being the
southwest corner of said 4.57 acre tract, same being the southeast corner of
a privately owned called 5.42 acre tract identified as WCAD tax parcel ID
Number R055770 described in Volume 746 Page 55 WCDR, same point being
along the northern boundary of Lot 63 Block A of said Rolling Ridge Section
1-B subdivision;
thence westward along the common southern boundary of said 5.42 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 470 feet to a point, said point being the
southwest corner of said 5.42 acre tract, same being the southeast corner of
a privately owned 11.08 acre tract identified as WCAD tax parcel ID Number
R055768 described in Document Number 1998067726 OPRWC as a 11.12
acre tract, same point being along the northern boundary of Lot 57 Block A
of said Rolling Ridge Section 1-B subdivision;
thence westward along the common southern boundary of said 11.08 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 714 feet to a point, said point being the
northwestern most point of Lot 49 Block A and the northern most point of
Lot 48 Block A of said Rolling Ridge Section 1-B subdivision, same being the
most northerly northeast corner of a 10.7 acre tract identified as WCAD tax
parcel ID Number R339723 owned by the State of Texas;
thence westward along the common southern boundary of said 11.08 acre
tract and the northern boundary of said 10.7 acre tract approximately 37
feet to an angle point; thence west-northwest along the common
southwesterly boundary of said 11.08 acre tract and the northeasterly
boundary of said 10.7 acre tract approximately 140 feet to a point, said
point being the most southern southwest corner of said 11.08 tract, same
being the northern most point of said 10.7 acre tract, same being in the
northeastern edge of right-of-way line of an abandoned M.K.T. Railroad tract
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comprised of 27.64 acres and identified as WCAD tax parcel ID Number
R392243;
thence northwesterly along the common southwesterly boundary of said
11.08 tract and the northeasterly boundary of said 27.64 acre tract
approximately 337 feet to a point, said point being the most westerly
southwest corner of said 11.08 tract, same being the most southerly corner
of a privately owned 26.26 acre tract as identified by WCAD tax parcel ID
Number R451327;
thence northward along the common western boundary of said 11.08 tract
and the eastern boundary of said 27.64 acre tract approximately 150 feet to
a point, said point being the northwest corner of said 11.08 tract, same
being the southwest corner of a privately owned 10.785 acre tract identified
as WCAD tax parcel ID Number R055774 described in Document Number
1999036006 OPRWC;
thence northward along the common western boundary of said 10.785 acre
tract and the eastern boundary of said 27.64 acre approximately 462 feet to
a point, said point being the northwest corner of said 10.785 acre tract,
same being the southwest corner of the aforementioned privately owned
29.158 acre tract identified as WCAD tax parcel ID Number R055829 and
described in Document No. 1998040925 OPRWC;
thence eastward along the common north boundary of the said 10.785 acre
tract and the south boundary of the said 29.158 acre tract approximately
1010 feet to a point, said point being the northeast corner of said 10.785
acre tract, same being the northwest corner of a privately owned 2.768 acre
tract identified as WCAD tax parcel ID Number R055773 described in
Document Number 1998029716 OPRWC;
thence eastward along the common north boundary of the said 2.768 acre
tract and the south boundary of the said 29.158 acre tract approximately
300 feet to a point, said point being the northeast corner of said 2.768 acre
tract, same being the northwest corner of a privately owned 2.766 acre tract
identified as WCAD tax parcel ID Number R055772 described in Document
Number 1997047945 OPRWC;
thence eastward along the common north boundary of the said 2.766 acre
tract and the south boundary of the said 29.158 acre tract approximately
282 feet to a point, said point being the northeast corner of said 2.766 acre
tract, same being the northwest corner of a privately owned 4.0358 acre
tract identified as WCAD tax parcel ID Number R055769 described in
Document Number 1997011239 OPRWC;
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thence eastward along the common north boundary of the said 4.0358 acre
tract and the south boundary of the said 29.158 acre tract approximately
370 feet to a point, said point being the northeast corner of said 4.0358 acre
tract, same being in the west edge of right-of-way of Rusk Road;
thence southward along the common east line of said 4.0358 acre tract and
west edge of right-of-way of Rusk Road approximately 481 feet to a point,
said point being the southeast corner of said 4.0358 acre tract, same being
the northeast corner of a 1.22 acre tract, more or Tess, being the remainder
of a 42.64 acre tract as described in an instrument recorded in Volume 585
Page 706 of the Williamson County Deed Records, said 1.22 acre tract locally
known as Johnson Lane;
thence southward along the common east line of said 1.22 acre Johnson
Lane tract and west edge of right-of-way of Rusk Road approximately 50
feet to a point, said point being the southeast corner of said 1.22 acre
Johnson Lane tract, same being the northeast corner of the aforementioned
4.57 acre tract identified as WCAD tax parcel ID Number R055771 and
described in Volume 2070 Page 248 WCDR;
thence southward along the common east line of said 4.57 acre tract and
west edge of right-of-way of Rusk Road approximately 420 feet to the
POINT OF BEGINNING, and containing the aforementioned 4.57 acre
(R055771), called 5.42 acre (R055770), 11.08 acre (R055768), 10.785 acre
(R055774), 2.768 acre (R055773), 2.766 (R055772), 4.0358 acre
(R055769) tracts and the 1.22 acre remainder of a 42.64 acre tract as
described in Volume 585 Page 706 (WCDR) known as Johnson Lane, for a
total of approximately 43 acres, more or less.
Note:
This description is not a survey but reflects the description of the tract to be
annexed based on GIS records of the City of Round Rock, information
available from the Williamson County Appraisal District, and information
available from the Williamson County Clerk, and is intended to define the
boundary of the tract to be annexed.
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Exhibit A.1 Crossle Crossin• and Johnson Lane Tract
Annexation Area
Current City Limits
Outside City Limits
SERVICE PLAN
EXHIBIT
b
3
a ..B��
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 56 ACRES,
MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT
NUMBER 297, ALSO KNOWN AS THE CROSSLEY CROSSING AND
JOHNSON LANE TRACT, 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 Munici al
Annexation Plan," Section 43.061 et seq. p
The Property consists of larger -acreage rural residences and one commercial venture. The land
area between the Crossley Crossing and Johnson Lane portions has been recently annexed,
zoned, and platted as a residential subdivision. As such, with the exception of the southwest
corner of the Johnson Lane portion, this tract is completely surrounded by the City Limits.
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.
Re uired 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 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.
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The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Williamson County. Therefore, the City will provide the following services to the
Property on the effective date of the annexation:
Police protection - To be provided immediately upon annexation;
Fire protection - To be provided immediately upon annexation;
Emergency medical services - Currently provided by Williamson County
Emergency Medical Services;
(4) Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only; therefore, for residential
properties this service will be provided immediately upon annexation whereas
the commercial venture may continue to contract on its own for solid waste
collection service;
Operation and maintenance of water and wastewater facilities - To be provided
immediately upon annexation. Existing water and wastewater facilities are
shown on Exhibit "B" and Exhibit "C;" additional services will be available
in accordance with the City of Round Rock Subdivision Ordinance
platting requirements.
(5)
(6) Operation and maintenance of public roads and streets, including road and
street lighting — Neither Crossley Crossing or Johnson Lane are publicly
dedicated rights-of-way and neither had been maintained by Williamson
County; therefore, operation and maintenance of same is not at issue at this
time and any CORR acceptance of dedicated and improved rights-of-way in the
future would be per the Subdivision Ordinance;
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;
(7)
(8) Operation and maintenance of any other publicly owned facility, building, or
service - As there are none of these on the Pro er g
maintenance of same is not at issue; p tJ'� operation and
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."
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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
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 wi
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.
As there are no capital improvements necessary to provide services to the Proper
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 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(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
and infrastructure maintenance than the
infrastructure maintenance provided within
before annexation
a lower level of services, infrastructure,
level of services, infrastructure, and
the corporate boundaries of the Ci
. ty
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 otherp arts of
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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 land use,
and similar population density .
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
Section 43.056(j) requires that the proposed service plan be made available
d
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. g
The City will make its proposed service plan available at the public hearings scheduled
on September 14, 2006 and September 28, 2006. At such public hearing, comments
and requests for amendments to the service plan may be made. In response, the Ci
may or may not amend its proposed service plan; however, the City would 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
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 amendment or repeal except under the statutory conditions
contained in Section 43.056(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
action for writ. the
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
level of full municipal services be provided to each area of the municipality if diffe nte
characteristics of topography, land use, and population density constitute a sufficiennt
t
basis for providing different levels of service.
The City acknowledges that a uniform level o
ffull be provided to an area of the City which, by reason uof its d ff enicipal nt is
actequtics to
topography, land use, and population density, provides a sufficient basis for the Cics to
of
provide different levels of service. ty
The City will comply with requirements that municipal services be provided to th
Property which are adequate to serve the Propera e
evel of services,
infrastructure, and infrastructure maintenance that s 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 relativelywit
uninhabited undeveloped land.
M. Section 43.056(n) directs that the City may not, within certain time framesr
collection of solid waste in the annexed area byay p ohibit the
owned soli
management service provider or impose a fee for solid waste management services onwaste
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).
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
management service provider. waste
The City acknowledges that it is subject to the requirements of Section 43.056(o).
5
Exhibit A. Crossley Crossing & Johnson Lane
Property Location
i
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Crossley Crossing
13 +/- Acres
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....:.::::::::.::
::::::::::::::::::::;
: Total: Acres
+
}
end1.
Annexation Area `` :
Current City Limits .: ...........",..... „,.,•,,,,,,.,,.,,,,.,._.,,.,,,,,,,.<,,.
Exhibit B. Crossley Crossing & Johnson Lane
Water Service Plan
7::::::::: ::::::::: :::: ::
........,.._ ........ _...................... _... ..
.............. ... ... . ........ ........... ::::.:::::::::::::.. ,....,..........;.......,.,.. .......:....,..:::._........
::::::..::: :..........,.......,.......... ...
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........ .........
. LAS
Exhibit C. Crossley Crossing & Johnson Lane
Wastewater Service Plan
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:ATE#' I:
DATE: October 19, 2006
SUBJECT: City Council Meeting - October 26, 2006
ITEM: 12.8.3. Consider an ordinance regarding the unilateral annexation of two tracts
of land known as Crossley Crossing and Johnson Lane, 56 acres located
south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east
of the proposed Arterial A, and west of Rusk Road. (Second Reading)
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The tract of land known as Crossley Crossing and Johnson Lane is 56 acres, more or less, located
south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial
A, and west of Rusk Road. Land on all sides of the tract is already within the City Limits, with the
exception of right-of-way along the southwest corner. It is the city's desire to annex this tract in
order to control the development of this area and to protect the existing single-family residential
subdivisions abutting this tract to the north and south, and to protect the proposed single-family
residential subdivision in between the Johnson Lane and Crossley Crossing portions of the tract.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The property is outside the city limits and has no zoning.
Public Comment:
Per the statutory requirements of the Texas Local Government Code, the following has been
completed: On July 21, 2006, written notices were sent by certified mail to the property owners
of the proposed annexed lands and to all public and private utility providers that could be
affected. Published notice of the September 14, 2006, and September 28, 2006, public hearings
appeared in the Round Rock Leader on Saturday, September 2, 2006, and Saturday, September
16, 2006, respectively; likewise, public notice for the public hearings was posted on the City's
Website on Friday, September 1, 2006, and Friday September 15, respectively.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
*
*
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :°,,G,
2006112025
RECENED
AN G 4 Iu07
I, CHRISTINE R. MARTINEZ, City Secretary 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 -06-10-26-12B3, which approves the annexation of 56
acres known as Crossley Crossing and Johnson Lane tracts. This ordinance
was approved and adopted by the City Council of the City of Round Rock,
Texas at two meetings held on the 23rd day of October 2006 and 26th day of
October 2006 and recorded in the City Council Minutes Book No. 54.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 30th day of October 2006.
CHRISTINE R. MARTINEZ, City Secretary
ORDINANCE NO. fl.. C O - 10-20-12.83
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND
ROCK, TEXAS, TO -WIT: 56 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:
containing 56 acres of
land, (the "Property"),
a tract of land
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
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/061026B3.WPD/jkg
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
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 September 2, 2006; 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 September 16, 2006; 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 September 14, 2006; and
2
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 September 28, 2006; 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
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:
I.
That all of the above recitations are found to be true and correct
and are incorporated into the body of this Ordinance.
II.
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
3
Round Rock, and the same shall hereafter be included within the
territorial limits of the City of Round Rock.
III.
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.
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.
4
VII.
That the City Secretary 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 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
5
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.
By motion duly made, seconded and passed on affirmative vote of
all Council members present, the requirement for reading this Ordinance
on two separate days was dispensed with.
READ, PASSED and ADOPTED on first reading this day of
, 2006.
Alternative 2.
READ and APPROVED on first reading this a3 day of
00064tA)
, 2006.
READ, APPROVED and ADOPTED on second reading this 46 day of
4)CAbbblaa, 2006.
ST:
R
Christine R. Martinez, City Secr
ary
6
Exhibit A. Description of Crossley Crossing and Johnson Lane Tract
56 acres of land, more or Tess, described as being out of the P.A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, and
comprised of two portions located south of Forest Creek Drive, north of the
Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk
Road, as illustrated on the attached Exhibit A.1., and being further described
as follows:
Crossley Crossing Portion
BEGINNING at a point, said point being the intersection of the south edge
of the right-of-way of Forest Creek Drive and the west edge of the right-of-
way of Rusk Road,
thence southward along the common west edge of right-of-way of Rusk
Road and the eastern boundary of a privately owned 4.00 acre tract,
identified as Williamson Central Appraisal District (WCAD) tax parcel ID
Number R324378 and described in Volume 682 Page 342, and Volume 993
Page 878 of the Williamson County Deed Records (WCDR), approximately
320 feet to a point, said point being the southeast corner of said 4.00 acre
tract, same being the northeast corner of a privately owned called 1.48 acre
tract identified as WCAD tax parcel ID Number R367647 described in
Document Number 2004026571 Official Public Records of Williamson County
(OPRWC), locally known as Crossley Crossing;
thence southward along the common west edge of right-of-way of Rusk
Road and the east boundary of said Crossley Crossing tract approximately
50 feet to a point, said point being the southeast corner of said Crossley
Crossing, same being the northeast corner of a privately owned 2.00 acre
tract identified as WCAD tax parcel ID Number R055840 described in Volume
1088 Page 330 WCDR;
thence southward along the common west edge of right-of-way of Rusk
Road and the east boundary of said 2.00 acre tract approximately 210 feet
to a point, said point being the southeast corner of said 2.00 acre tract,
same being the northeast corner of a privately owned 29.158 acre tract
identified as WCAD tax parcel ID Number R055829 described in Document
Number 1998040925 OPRWC;
thence westward along the common southern boundary of said 2.00 acre
tract and the northern boundary of said 29.158 acre tract approximately 414
feet to a point, said point being the southwest corner of said 2.00 acre tract,
same being the southeast corner of a privately owned 1.0 acre tract
1
identified as WCAD tax parcel ID Number R376594, described in Document
Number 1998013558 OPRWC;
thence westward along the common southern boundary of said 1.00 acre
tract and the northern boundary of said 29.158 acre tract approximately 208
feet to a point, said point being the southwest corner of said 1.00 acre tract
and the southeast corner of a privately owned 2.00 acre tract identified as
WCAD tax parcel ID Number R055824;
thence northward along the common western boundary of said 1.00 acre
tract and the eastern boundary of said 2.00 acre tract approximately 210
feet to a point, said point being the northwest corner of said 1.00 acre tract,
same being the northeast corner of said 2.00 acre tract, same being located
on the southern boundary of the aforementioned Crossley Crossing tract;
thence westward with the common southern boundary of the said Crossley
Crossing tract and the northern boundary of the 2.00 acre tract
approximately 339 feet to a point, said point being approximately 330 east
of the southwest corner of the said Crossley Crossing tract, same being the
northeast corner of said 2.00 acre tract;
thence northward across said Crossley Crossing tract at a bearing parallel to
the right-of-way of Rusk Road approximately 50 feet to a point, said point
being the southeast corner of a privately owned 2.37 acre tract identified as
WCAD tax parcel ID Number R055890, same being the southwest corner of a
privately owned 1.98 acre tract identified as WCAD tax parcel ID Number
R055889, described in Document Number 2005050066 OPRWC, same point
being on the northern boundary of said Crossley Crossing tract;
thence northward along the common western boundary of said 1.98 acre
tract and the eastern boundary of said 2.37 acre tract approximately 316
feet to a point, said point being the northwest corner of said 1.98 acre tract,
same being the northeast corner of said 2.37 acre tract, same being on the
south edge of the right-of-way of Forest Creek Drive;
thence eastward with the common south edge of right-of-way of Forest
Creek Drive and the northern boundary of said 1.98 acre tract approximately
274 feet to a point, said point being the northeast corner of said 1.98 acre
tract, same being the northwest corner of the aforementioned 4.00 acre
tract;
thence eastward with the common southern south edge of right-of-way of
Forest Creek Drive and the northern boundary of said 4.00 acre tract
approximately 690 feet to the POINT OF BEGINNING, and containing the
2
aforementioned 4.00 acre (R324378), called 1.98 acre (R055889), 2.00 acre
(R055840), 1.00 acre (R376594), and 1.98 acre (R055889) tracts, and an
internal, wholly contained called 0.96 tract identified as WCAD tax parcel ID
Number R055755, described in Volume 592 Page 354 WCDR, and that
portion of the called 1.48 acre Crossley Crossing tract (R367647), for a total
of 13 acres, more or Tess.
3
Johnson Lane Portion
BEGINNING at a point, said point being in the west edge of right-of-way
of Rusk Road, same being the northeast corner of Lot 68 Block A of the
Rolling Ridge Section 1-B Subdivision as recorded in Cabinet L Slides 394 -
395 Plat Records of Williamson County, identified as WCAD tax parcel ID
Number 349461, same being the southeast corner of a privately owned 4.57
acre tract identified as WCAD tax parcel ID Number R055771 and described
in Volume 2070 Page 248 WCDR;
thence westward along the common southern boundary of said 4.57 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 456 feet to a point, said point being the
southwest corner of said 4.57 acre tract, same being the southeast corner of
a privately owned called 5.42 acre tract identified as WCAD tax parcel ID
Number R055770 described in Volume 746 Page 55 WCDR, same point being
along the northern boundary of Lot 63 Block A of said Rolling Ridge Section
1-B subdivision;
thence westward along the common southern boundary of said 5.42 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 470 feet to a point, said point being the
southwest corner of said 5.42 acre tract, same being the southeast corner of
a privately owned 11.08 acre tract identified as WCAD tax parcel ID Number
R055768 described in Document Number 1998067726 OPRWC as a 11.12
acre tract, same point being along the northern boundary of Lot 57 Block A
of said Rolling Ridge Section 1-B subdivision;
thence westward along the common southern boundary of said 11.08 acre
tract and the northern boundary of said Rolling Ridge Section 1-B
Subdivision approximately 714 feet to a point, said point being the
northwestern most point of Lot 49 Block A and the northern most point of
Lot 48 Block A of said Rolling Ridge Section 1-B subdivision, same being the
most northerly northeast corner of a 10.7 acre tract identified as WCAD tax
parcel ID Number R339723 owned by the State of Texas;
thence westward along the common southern boundary of said 11.08 acre
tract and the northern boundary of said 10.7 acre tract approximately 37
feet to an angle point; thence west-northwest along the common
southwesterly boundary of said 11.08 acre tract and the northeasterly
boundary of said 10.7 acre tract approximately 140 feet to a point, said
point being the most southern southwest corner of said 11.08 tract, same
being the northern most point of said 10.7 acre tract, same being in the
northeastern edge of right-of-way line of an abandoned M.K.T. Railroad tract
4
comprised of 27.64 acres and identified as WCAD tax parcel ID Number
R392243;
thence northwesterly along the common southwesterly boundary of said
11.08 tract and the northeasterly boundary of said 27.64 acre tract
approximately 337 feet to a point, said point being the most westerly
southwest corner of said 11.08 tract, same being the most southerly corner
of a privately owned 26.26 acre tract as identified by WCAD tax parcel ID
Number R451327;
thence northward along the common western boundary of said 11.08 tract
and the eastern boundary of said 27.64 acre tract approximately 150 feet to
a point, said point being the northwest corner of said 11.08 tract, same
being the southwest corner of a privately owned 10.785 acre tract identified
as WCAD tax parcel ID Number R055774 described in Document Number
1999036006 OPRWC;
thence northward along the common western boundary of said 10.785 acre
tract and the eastern boundary of said 27.64 acre approximately 462 feet to
a point, said point being the northwest corner of said 10.785 acre tract,
same being the southwest corner of the aforementioned privately owned
29.158 acre tract identified as WCAD tax parcel ID Number R055829 and
described in Document No. 1998040925 OPRWC;
thence eastward along the common north boundary of the said 10.785 acre
tract and the south boundary of the said 29.158 acre tract approximately
1010 feet to a point, said point being the northeast corner of said 10.785
acre tract, same being the northwest corner of a privately owned 2.768 acre
tract identified as WCAD tax parcel ID Number R055773 described in
Document Number 1998029716 OPRWC;
thence eastward along the common north boundary of the said 2.768 acre
tract and the south boundary of the said 29.158 acre tract approximately
300 feet to a point, said point being the northeast corner of said 2.768 acre
tract, same being the northwest corner of a privately owned 2.766 acre tract
identified as WCAD tax parcel ID Number R055772 described in Document
Number 1997047945 OPRWC;
thence eastward along the common north boundary of the said 2.766 acre
tract and the south boundary of the said 29.158 acre tract approximately
282 feet to a point, said point being the northeast corner of said 2.766 acre
tract, same being the northwest corner of a privately owned 4.0358 acre
tract identified as WCAD tax parcel ID Number R055769 described in
Document Number 1997011239 OPRWC;
5
thence eastward along the common north boundary of the said 4.0358 acre
tract and the south boundary of the said 29.158 acre tract approximately
370 feet to a point, said point being the northeast corner of said 4.0358 acre
tract, same being in the west edge of right-of-way of Rusk Road;
thence southward along the common east line of said 4.0358 acre tract and
west edge of right-of-way of Rusk Road approximately 481 feet to a point,
said point being the southeast corner of said 4.0358 acre tract, same being
the northeast corner of a 1.22 acre tract, more or less, being the remainder
of a 42.64 acre tract as described in an instrument recorded in Volume 585
Page 706 of the Williamson County Deed Records, said 1.22 acre tract locally
known as Johnson Lane;
thence southward along the common east line of said 1.22 acre Johnson
Lane tract and west edge of right-of-way of Rusk Road approximately 50
feet to a point, said point being the southeast corner of said 1.22 acre
Johnson Lane tract, same being the northeast corner of the aforementioned
4.57 acre tract identified as WCAD tax parcel ID Number R055771 and
described in Volume 2070 Page 248 WCDR;
thence southward along the common east line of said 4.57 acre tract and
west edge of right-of-way of Rusk Road approximately 420 feet to the
POINT OF BEGINNING, and containing the aforementioned 4.57 acre
(R055771), called 5.42 acre (R055770), 11.08 acre (R055768), 10.785 acre
(R055774), 2.768 acre (R055773), 2.766 (R055772), 4.0358 acre
(R055769) tracts and the 1.22 acre remainder of a 42.64 acre tract as
described in Volume 585 Page 706 (WCDR) known as Johnson Lane, for a
total of approximately 43 acres, more or Tess.
Note:
This description is not a survey but reflects the description of the tract to be
annexed based on GIS records of the City of Round Rock, information
available from the Williamson County Appraisal District, and information
available from the Williamson County Clerk, and is intended to define the
boundary of the tract to be annexed.
6
I
, tirmiawastvattawkwatugel
Exhibit Al Crossley Crossing/Johnson Ln Tracts1,
Approximately 56 total ac.
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Approx. ac.
Legend
Parcels
City Limits
Annexation Areas
11
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 56 ACRES,
MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT
NUMBER 297, ALSO KNOWN AS THE CROSSLEY CROSSING AND
JOHNSON LANE TRACT, 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 consists of larger -acreage rural residences and one commercial venture. The land
area between the Crossley Crossing and Johnson Lane portions has been recently annexed,
zoned, and platted as a residential subdivision. As such, with the exception of the southwest
corner of the Johnson Lane portion, this tract is completely surrounded by the City Limits.
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.
EXHIBIT
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 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.
1
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Williamson County. Therefore, the City will provide the following services to the
Property on the effective date of the annexation:
Police protection - To be provided immediately upon annexation;
Fire protection - To be provided immediately upon annexation;
Emergency medical services - Currently provided by Williamson County
Emergency Medical Services;
(4) Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only; therefore, for residential
properties this service will be provided immediately upon annexation whereas
the commercial venture may continue to contract on its own for solid waste
collection service;
(5)
Operation and maintenance of water and wastewater facilities - To be provided
immediately upon annexation. Existing water and wastewater facilities are
shown on Exhibit "B" and Exhibit "C;" 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 — Neither Crossley Crossing or Johnson Lane are publicly
dedicated rights-of-way and neither had been maintained by Williamson
County; therefore, operation and maintenance of same is not at issue at this
time and any CORR acceptance of dedicated and improved rights-of-way in the
future would be per the Subdivision Ordinance;
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;
(7)
(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."
2
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
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(0 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.
As 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 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(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
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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 land use,
and similar population density .
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
Section 43.056(j) 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 September 14, 2006 and September 28, 2006. At such public hearing, comments
and requests for amendments to the service plan may be made. In response, the City
may or may not amend its proposed service plan; however, the City would 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 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 different characteristics of
topography, land use, and population density, provides a sufficient basis for the City 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, and similar population density which is in accord with relatively
uninhabited undeveloped lana.
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 the requirements of Section 43.056(o).
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Exhibit A. Crossley Crossing & Johnson Lane
Property Location
Annexation Area
Current City Limits
Exhibit B. Crossley Crossing & Johnson Lane
Water Service Plan
Exhibit C. Crossley Crossing & Johnson Lane
Wastewater Service Plan
A-06-10-26-1283
Annexation of 56 acres
Crossley Crossing and Johnson Lane
Located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the
proposed Arterial A, and west of Rusk Road
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIRL PUBLIC RECORDS 2006112025
12/22/2006 04:14 PM
PHOLTZ $104.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS