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A-06-10-26-12B2 - 10/26/2006ORDINANCE NO. A- 06- lD-4Q6-/.2,8z' AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 270 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 270 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 QPFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/061026B2.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 De,th-lavO APPROVED on first reading this o23 day of , 2006. 0.16414A), READ, APPROVED and ADOPTED on second reading this oSP day of 2006. AT ST: Christine R. Martinez, City Secre 6 Exhibit A Description of Burge et al Tract 270 acres of land, more or Tess, described as being out of the Robert McNutt Survey, Abstract No. 422, situated in Williamson County, Texas, and located east of the western edge of CR 122, west of McNutt Creek, north of the Pioneer Crossing Subdivision, and south of the southern boundary of the Paloma Lake MUD, as illustrated on the attached Exhibit A.1., and being further described as follows: BEGINNING at a point, said point being the southeast corner of a 100.24 acre tract recorded in Document Number 1998035986, Official Public Records of Williamson County (OPRWC); thence westerly along the southern boundary of the 100.24 acre tract and the southern boundary of Lot 2, McNutt Park to the eastern boundary of Redbud Lane (formerly CR 122) also being the southwest corner of Lot 2, McNutt Park, a distance of approximately 2760 feet; thence northerly along the eastern ROW boundary of Redbud Lane to the northeast corner of the intersection of Redbud Lane and Kiphen Road, a distance of approximately 2370 feet; thence westerly across Redbud Lane to the northwest corner of th intersection of Redbud Lane and Kiphen Road; e thence northerly along the western ROW boundary of CR 122, a distance of approximately 1825 feet to the northwest corner of the point CR 122 turns to the east; thence easterly along the northern boundary of CR 122 to a point, saidof being the southwest corner of a 2 acre tract described as Tract 1 in Volume 792, Page 304, Williamson County Deed Records (WCDR); thence northerly along the western boundary of the 2 acre tract to southwest corner of a 2 acre tract described as Tract 2 in Volume 792, Pa ge 304, WCDR, a distance of approximately 274 feet;e thence northerly along the western boundary of the 2 acre tract to the southwest corner of a 4.66 acre tract described in Volume 792, Page 319, WCDR, a distance of approximately 241 feet; thence northerly along the western boundary of the 4.66 acre tract a distance of approximately 551 feet to the northwest corner of the tract; thence northerly along the western boundary of the remainder of a 161.11 acre tract described in Volume 434, Page 176, WCDR, a distance of approximately 523 feet to the northwest corner of the tract; thence easterly along the northern boundary of the tract to the northwest corner of a 6.51 acre tract described in Volume 669, Page 105, WCDR, a distance of approximately 939 feet; thence easterly along the northern boundary of the 6.51 acre tract to the northeast corner of the tract, a distance of approximately 591 feet; thence southerly along the eastern boundary of the 6.51 acre tract to a point where it intersects with the northern ROW of CR 122, a distance of approximately 264 feet; thence southerly along the eastern boundary of the 6.51 acre tract (also being the westerly ROW boundary of CR 122) to the southeast corner of the tract, same being the northeast corner of the aforementioned remainder of a 161.11 acre tract, a distance of approximately 183 feet; thence southerly along the eastern boundary of the remainder of a 161.11 acre tract (also being the westerly ROW boundary of CR 122) to the southern bank of McNutt Creek, a distance of approximately 600 feet; thence easterly across CR 122 to the most northern northwest corner of a 5.0 acre tract, described in Volume 805, Page 338, WCDR; thence easterly along the northern boundary of the tract to its northeast corner, a distance of approximately 135 feet; thence southerly along the eastern boundary of the tract to a point being the southeast corner of the tract, same being the northwest corner of a 1.96 acre tract recorded in Document Number 2000003951, OPRWC, a distance of approximately 870 feet; thence southerly along the western boundary of the 1.96 acre tract to the southwest corner of the tract, a distance of approximately 220 feet; thence easterly along the southern boundary of the 1.96 acre tract to a point being the southeast corner of the tract, same point also being in the west bank of McNutt Creek, a distance of approximately 370 feet; thence southerly along the meandering west bank of McNutt Creek to a point where the eastern boundary of a 100.24 acre tract, recorded in Document Number 1998035986, OPRWC, leaves McNutt Creek, a distance of approximately 3200 feet; thence southerly along the eastern boundary of the 100.24 tract to the southeast corner of the tract, a distance of approximately 452 feet to the POINT OF BEGINNING. CONTAINING 270 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. Exhibit Al Burge et al Tract McNutt Creek 1 SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 270 ACRES, MORE OR LESS, OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NUMBER 422, ALSO KNOWN AS THE BURGE-GORDON- MADSEN ET AL. 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 is predominantly undeveloped and is comprised primarily of agricultural uses, a dozen rural residences, some floodplain, and a couple of business operations. The Property is generally surrounded by single-family residential developments, with Settler's Crossing on the west, the proposed Siena to the east across McNutt Creek, and the Proposed Paloma Lake MUD on the north and west. Those properties abutting the Property that have not been platted are larger -acreage rural residences surrounded by agricultural uses. 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 the statutorily - mandated 2 1/2 year period. The City's program is for provision of such services within the mandated 21/2 year period. 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) 1 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 Williamson County. Therefore, the 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 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 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 immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit "B" and Exhibit "C;" this tract is also within the Jonah Water Supply Corporation's CCN for water service; 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, those portions of CR122 incorporated into the City will be maintained. 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 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. 2 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 capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place or under construction 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 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. 3 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. 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. I. 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. 4 The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). 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 land and small acreage residential development. 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). 5 Exhibit A. Burge -Gordon -Madsen et al Parcel Locations Exhibit B. Burge-Gordon-Madsen et al Water Service Exhibit C. Burge -Gordon -Madsen et al Wastewater Service DATE: October 19, 2006 SUBJECT: City Council Meeting - October 26, 2006 ITEM: 12.B.2. Consider an ordinance regarding the unilateral annexation of the tract of land known as Burge -Gordon -Madsen et al., a total of 270 acres located east of the western edge of CR 122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake MUD. (Second Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The tract of land known as Burge -Gordon -Madsen et al. is a total of 270 acres, more or less, located east of the western edge of CR122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Mud. 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 south and west. 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 20 PGS 2006112024 RECEIVE, JAN 0 4 2007 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 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 -06-10-26-12B2, which approves the annexation of 270 acres of land known as the Burge -Gordon -Madsen, et al. tract. 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. £1MiLathuR. CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. A " 06' 0-416 -1.26Z.) AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 270 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 described territory should be unilaterally annexed: the following a tract of land containing 270 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 @PFDesktop\. : ODMA/WORLDOX/o:/WDOX/ORDINANC/06102652. 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 Q3 day of DON4J4A—) , 2006. READ, APPROVED and ADOPTED on second reading this OSLO day of 00-00 2006 . ST: R en Christine R. Martinez, City Secre 6 Exhibit A Description of Burge et al Tract 270 acres of land, more or less, described as being out of the Robert McNutt Survey, Abstract No. 422, situated in Williamson County, Texas, and located east of the western edge of CR 122, west of McNutt Creek, north of the Pioneer Crossing Subdivision, and south of the southern boundary of the Paloma Lake MUD, as illustrated on the attached Exhibit A.1., and being further described as follows: BEGINNING at a point, said point being the southeast corner of a 100.24 acre tract recorded in Document Number 1998035986, Official Public Records of Williamson County (OPRWC); thence westerly along the southern boundary of the 100.24 acre tract and the southern boundary of Lot 2, McNutt Park to the eastern boundary of Redbud Lane (formerly CR 122) also being the southwest corner of Lot 2, McNutt Park, a distance of approximately 2760 feet; thence northerly along the eastern ROW boundary of Redbud Lane to the northeast corner of the intersection of Redbud Lane and Kiphen Road, a distance of approximately 2370 feet; thence westerly across Redbud Lane to the northwest corner of the intersection of Redbud Lane and Kiphen Road; thence northerly along the western ROW boundary of CR 122, a distance of approximately 1825 feet to the northwest corner of the point CR 122 turns to the east; thence easterly along the northern boundary of CR 122 to being the southwest corner of a 2 acre tract described as 792, Page 304, Williamson County Deed Records (WCDR); thence northerly along the western boundary of the 2 southwest corner of a 2 acre tract described as Tract 2 in 304, WCDR, a distance of approximately 274 feet; a point, said point Tract 1 in Volume acre tract to the Volume 792, Page thence northerly along the western boundary of the 2 acre tract to the southwest corner of a 4.66 acre tract described in Volume 792, Page 319, WCDR, a distance of approximately 241 feet; thence northerly along the western boundary of the 4.66 acre tract a distance of approximately 551 feet to the northwest corner of the tract; thence northerly along the western boundary of the remainder of a 161.11 acre tract described in Volume 434, Page 176, WCDR, a distance of approximately 523 feet to the northwest corner of the tract; thence easterly along the northern boundary of the tract to the northwest corner of a 6.51 acre tract described in Volume 669, Page 105, WCDR, a distance of approximately 939 feet; thence easterly along the northern boundary of the 6.51 acre tract to the northeast corner of the tract, a distance of approximately 591 feet; thence southerly along the eastern boundary of the 6.51 acre tract to a point where it intersects with the northern ROW of CR 122, a distance of approximately 264 feet; thence southerly along the eastern boundary of the 6.51 acre tract (also being the westerly ROW boundary of CR 122) to the southeast corner of the tract, same being the northeast corner of the aforementioned remainder of a 161.11 acre tract, a distance of approximately 183 feet; thence southerly along the eastern boundary of the remainder of a 161.11 acre tract (also being the westerly ROW boundary of CR 122) to the southern bank of McNutt Creek, a distance of approximately 600 feet; thence easterly across CR 122 to the most northern northwest corner of a 5.0 acre tract, described in Volume 805, Page 338, WCDR; thence easterly along the northern boundary of the tract to its northeast corner, a distance of approximately 135 feet; thence southerly along the eastern boundary of the tract to a point being the southeast corner of the tract, same being the northwest corner of a 1.96 acre tract recorded in Document Number 2000003951, OPRWC, a distance of approximately 870 feet; thence southerly along the western boundary of the 1.96 acre tract to the southwest corner of the tract, a distance of approximately 220 feet; thence easterly along the southern boundary of the 1.96 acre tract to a point being the southeast corner of the tract, same point also being in the west bank of McNutt Creek, a distance of approximately 370 feet; thence southerly along the meandering west bank of McNutt Creek to a point where the eastern boundary of a 100.24 acre tract, recorded in Document Number 1998035986, OPRWC, leaves McNutt Creek, a distance of approximately 3200 feet; thence southerly along the eastern boundary of the 100.24 tract to the southeast corner of the tract, a distance of approximately 452 feet to the POINT OF BEGINNING. CONTAINING 270 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. 1H1H1111 Exhibit Al Burge et a CR -117-- H111111111 1111111111111111 R117 --- H111111111 1111/ Kiphen Rd Legend JParcels City Limits Annexation Area '7<<" Tract L Approx. 270 ac. SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 270 ACRES, MORE OR LESS, OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NUMBER 422, ALSO KNOWN AS THE BURGE-GORDON- MADSEN ET AL. 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 is predominantly undeveloped and is comprised primarily of agricultural uses, a dozen rural residences, some floodplain, and a couple of business operations. The Property is generally surrounded by single-family residential developments, with Settler's Crossing on the west, the proposed Siena to the east across McNutt Creek, and the Proposed Paloma Lake MUD on the north and west. Those properties abutting the Property that have not been platted are larger -acreage rural residences surrounded by agricultural uses. 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 the statutorily - mandated 2 1/2 year period The City's program is for provision of such services within the mandated 21/2 year period 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) 1 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 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 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 immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit "B" and Exhibit "C;" this tract is also within the Jonah Water Supply Corporation's CCN for water service; 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, those portions of CR122 incorporated into the City will be maintained 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 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. 2 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 capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place or under construction 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. 3 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. 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. I. 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. 4 The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). 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 land and small acreage residential development. 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). 5 Exhibit A. Burge-Gordon-Madsen et al. Parcel Locations Exhibit B. Burge -Gordon -Madsen et al. Water Service 1 Ili III III III 111 I 111 III I Total 270 +/- ac Exhibit C. Burge -Gordon -Madsen et al. Wastewater Service I-111 Ili III 111 III III 111 I11 III 3 A-06-10-26-1262 Annexation OF 270 acres Burge -Gordon -Madsen et al. Located east of the western edge of CR 122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake MUD AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006112024 12/22/2006 04:14 PM PHOLTZ $92.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS