A-07-07-12-10E3 - 7/12/2007 ORDINANCE NO. k-.0 7-1)7-1 -1063
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND
ROCK, TEXAS, TO-WIT: 52.84 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 52. 84 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
0:\Wdox\ORDINANC\070712E3.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 May 26, 2007; 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 May 26, 2007; 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 June 12, 2007; 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 June 14, 2007; and
WHEREAS,af ter 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
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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 r 0� day of
2007 .
Sernati've 2 .
READ and APPROVED on first reading this day of
, 2007 .
READ, APPROVED and ADOPTED on second reading this day of
2007 .
y Maxwell, Mayor
ST:
Christine R. Martinez, "Secrery
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Exhibit "A" F.M. 1431 Parcel 5 - Description
BEING a 52.84-acre tract of land, more or less, being out of and a potion of
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas,
and being out of and a part of the Right-of-Way of F.M. 1431, said 52.84
acres being more particularly described as follows:
COMMENCING at a point, said point being the southeast corner of Lot
23, Block A, Stone Oak at Round Rock Section II, a subdivision as recorded
in Cabinet M, Slides 389-390, Williamson County Plat Records (WCPR), said
point also being the Point of Beginning in a 10.00-acre tract annexed by the
City of Round Rock (CORR) in Ordinance Number A-95-07-27-10I and
recorded in Document Number 1995032524 of the Official Public Records of
Williamson County (OPRWC), said point also being the Point of Beginning in
a 0.5740-acre tract annexed by the City of Round Rock (CORR) in Ordinance
Number A-95-07-27-10H and recorded in Document Number 1995032525
(OPRWC), said point also being the southwest corner of a called 1341.92-
acre parcel, from 2023.28 acres as described in Volume 880 Pages 638-645
of the Deed Records of Williamson County (DRWC), said point also being in
the north right-of-way line of F.M. 1431;
THENCE eastward with the south line of said 1341.92-acre parcel and the
north line of said 0.5740-acre annexation tract, also being the north right-
of-way line of F.M. 1431 approximately 100 feet to a point, said point being
on the south line of said 1341.92-acre parcel and the north right-of-way line
of F.M. 1431, said point also being the northeast corner of said 0.5740-acre
annexation tract, the POINT OF BEGINNING and northwest corner of the
herein described 52.84-acre tract.
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THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, a distance of approximately 9843 feet to a point,
said point being the intersection of the north right-of-way line of F.M. 1431
and the west right-of-way line of the Georgetown Railroad;
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, across the Georgetown Railroad right-of-way, a
distance of approximately 60 feet to a point, said point being the
intersection of the north right-of-way line of F.M. 1431 and the east right-of-
way line of the Georgetown Railroad; said point also being the southwest
corner of a 104.71-acre tract identified as Tract IV in a 249.67-acre tract
annexed by the CORR in Ordinance Number A-06-12-14-3.A.3 and recorded
in Document Number 2006113733 (OPRWC);
THENCE following a curve to the east and north with the north right-of-way
line of F.M. 1431, same being the north line of the herein described 52.84-
acre tract and the south line of said 104.71-acre annexation tract, to a point,
said point being the intersection of said 104.71-acre annexation and the
west right-of-way line of I.H. 35, same being in the west line of an
approximate 38-acre tract of I.H. 35 right-of-way annexed by the CORR in
Ordinance Number 103, same intersection being the intersection of the
northern right-of-way line of F.M. 1431 and the west right-of-way line of I.H.
35, and same intersection being the northeast corner of the herein described
52.84-acre tract;
THENCE following a curve to the south along said west right-of-way line of
I.H. 35 and the east line of the herein described 52.84-acre tract a series of
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courses to a point, said point being the intersection of the west right-of-way
line of I.H. 35 and the south right-of-way line of F.M. 1431, said intersection
also being the northeast corner of a 0.6437-acre tract annexed by the CORR
in Ordinance Number A-95-07-27-10E and recorded in Document Number
1995032528, and the southeast corner of the herein described 52.84-acre
tract;
THENCE following a curve to the north and west, following the south right-
of-way line of F.M. 1431, same being the south line of the herein described
52.84-acre tract and the north line of said 0.6437-acre annexation tract to a
point, said point being an intersection of the south right-of-way line of F.M.
1431 and the east right-of-way line of the Georgetown Railroad, same point
being the northwest corner of said 0.6437-acre annexation tract and the
northeast corner of a 0.0207-acre tract annexed by the CORR in Ordinance
Number A-95-07-27-10F and recorded in Document Number 1995032527
(OPRWC);
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 0.0207-acre annexation tract, across the Georgetown Railroad
right-of-way, a distance of approximately 60 feet to a point, said point being
the intersection of the south right-of-way line of F.M. 1431 and the west
right-of-way line of the Georgetown Railroad; said point also being the
northwest corner of said 0.0207-acre annexation tract, same being the
northeast corner of a 825.73-acre parcel as described in Volume 880 Page
630 (DRWC), and same being the northeast corner of a 4.516-acre tract
annexed by the CORR in Ordinance Number A-95-07-27-10G and recorded
in Document Number 1995032526;
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THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 4.516-acre annexation tract, a distance of approximately 9843
feet to a point, said point being northwest corner of said 4.516-acre
annexation tract, same being the southeast corner of the aforementioned
0.5740-acre annexation tract, and the southwest corner of the herein
described 52.84-acre tract;
THENCE northward with the west line of the herein described 52.84-acre
tract, same being the east line of said 0.5740-acre annexation tract, across
the right-of-way of F.M. 1431 a distance of approximately 200 feet to a
point, said point being the northeast corner of said 0.5740-acre annexation
tract, in the north line of F.M. 1431 right-of-way, in the south line of the
aforementioned 1341.92-acre parcel, same point also being the northwest
corner of the herein described 52.84-acre, the POINT OF BEGINNING, and
containing 52.84 acres, more or less.
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Exhibit "B"
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 52.84
ACRES, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NUMBER 212, ALSO KNOWN AS F.M. 1431 PARCEL 5
TRACT, AS DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN
EXHIBIT "B" 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 entirely right-of-way for F.M. 1431. The Property is generally surrounded by
undeveloped tracts, with an active quarry abutting the northern edge, and a potential quarry
along the southwestern edge. Recent annexation and zoning will allow commercial uses along
the eastern half of the Property's southern edge and in the vicinity of the Property's intersection
with I11-35. Immediately to the north and south of the western edge are the residential
neighborhoods of The Preserve at Stone Oak and Sendero Springs, respectively. No tracts
abutting the edges of the Property have been platted.
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.
Reauired 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:
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(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility,building, or service.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Williamson County Emergency Medical Services. 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 - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
(5) Operation and maintenance of water and wastewater facilities- To be provided
immediately upon annexation. Existing water and wastewater facilities are
shown on 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 — Operation and maintenance of F.M. 1431 will remain the
responsibility of the Texas Department of Transportation. Any future
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.
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 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.
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
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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 which is in accord with uninhabited undeveloped land.
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
I. Section 43.0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City will make its proposed service plan available at the public hearings scheduled
on June 12, 2007 and June 14, 2007. 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(l).
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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 uninhabited
undeveloped lana
A 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" F.M. 1431 Parcel 5 - Description
BEING a 52.84-acre tract of land, more or less, being out of and a potion of
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas,
and being out of and a part of the Right-of-Way of F.M. 1431, said 52.84
acres being more particularly described as follows:
COMMENCING at a point, said point being the southeast corner of Lot
23, Block A, Stone Oak at Round Rock Section II, a subdivision as recorded
in Cabinet M, Slides 389-390, Williamson County Plat Records (WCPR), said
point also being the Point of Beginning in a 10.00-acre tract annexed by the
City of Round Rock (CORR) in Ordinance Number A-95-07-27-10I and
recorded in Document Number 1995032524 of the Official Public Records of
Williamson County (OPRWC), said point also being the Point of Beginning in
a 0.5740-acre tract annexed by the City of Round Rock (CORR) in Ordinance
Number A-95-07-27-10H and recorded in Document Number 1995032525
(OPRWC), said point also being the southwest corner of a called 1341.92-
acre parcel, from 2023.28 acres as described in Volume 880 Pages 638-645
of the Deed Records of Williamson County (DRWC), said point also being in
the north right-of-way line of F.M. 1431;
THENCE eastward with the south line of said 1341.92-acre parcel and the
north line of said 0.5740-acre annexation tract, also being the north right-
of-way line of F.M. 1431 approximately 100 feet to a point, said point being
on the south line of said 1341.92-acre parcel and the north right-of-way line
of F.M. 1431, said point also being the northeast corner of said 0.5740-acre
annexation tract, the POINT OF BEGINNING and northwest corner of the
herein described 52.84-acre tract.
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THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, a distance of approximately 9843 feet to a point,
said point being the intersection of the north right-of-way line of F.M. 1431
and the west right-of-way line of the Georgetown Railroad;
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, across the Georgetown Railroad right-of-way, a
distance of approximately 60 feet to a point, said point being the
intersection of the north right-of-way line of F.M. 1431 and the east right-of-
way line of the Georgetown Railroad; said point also being the southwest
corner of a 104.71-acre tract identified as Tract IV in a 249.67-acre tract
annexed by the CORR in Ordinance Number A-06-12-14-3.A.3 and recorded
in Document Number 2006113733 (OPRWC);
THENCE following a curve to the east and north with the north right-of-way
line of F.M. 1431, same being the north line of the herein described 52.84-
acre tract and the south line of said 104.71-acre annexation tract, to a point,
said point being the intersection of said 104.71-acre annexation and the
west right-of-way line of I.H. 35, same being in the west line of an
approximate 38-acre tract of I.H. 35 right-of-way annexed by the CORR in
Ordinance Number 103, same intersection being the intersection of the
northern right-of-way line of F.M. 1431 and the west right-of-way line of I.H.
35, and same intersection being the northeast corner of the herein described
52.84-acre tract;
THENCE following a curve to the south along said west right-of-way line of
I.H. 35 and the east line of the herein described 52.84-acre tract a series of
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courses to a point, said point being the intersection of the west right-of-way
line of I.H. 35 and the south right-of-way line of F.M. 1431, said intersection
also being the northeast corner of a 0.6437-acre tract annexed by the CORR
in Ordinance Number A-95-07-27-10E and recorded in Document Number
1995032528, and the southeast corner of the herein described 52.84-acre
tract;
THENCE following a curve to the north and west, following the south right-
of-way line of F.M. 1431, same being the south line of the herein described
52.84-acre tract and the north line of said 0.6437-acre annexation tract to a
point, said point being an intersection of the south right-of-way line of F.M.
1431 and the east right-of-way line of the Georgetown Railroad, same point
being the northwest corner of said 0.6437-acre annexation tract and the
northeast corner of a 0.0207-acre tract annexed by the CORR in Ordinance
Number A-95-07-27-10F and recorded in Document Number 1995032527
(OPRWC);
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 0.0207-acre annexation tract, across the Georgetown Railroad
right-of-way, a distance of approximately 60 feet to a point, said point being
the intersection of the south right-of-way line of F.M. 1431 and the west
right-of-way line of the Georgetown Railroad; said point also being the
northwest corner of said 0.0207-acre annexation tract, same being the
northeast corner of a 825.73-acre parcel as described in Volume 880 Page
630 (DRWC), and same being the northeast corner of a 4.516-acre tract
annexed by the CORR in Ordinance Number A-95-07-27-10G and recorded
in Document Number 1995032526;
3
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 4.516-acre annexation tract, a distance of approximately 9843
feet to a point, said point being northwest corner of said 4.516-acre
annexation tract, same being the southeast corner of the aforementioned
0.5740-acre annexation tract, and the southwest corner of the herein
described 52.84-acre tract;
THENCE northward with the west line of the herein described 52.84-acre
tract, same being the east line of said 0.5740-acre annexation tract, across
the right-of-way of F.M. 1431 a distance of approximately 200 feet to a
point, said point being the northeast corner of said 0.5740-acre annexation
tract, in the north line of F.M. 1431 right-of-way, in the south line of the
aforementioned 1341.92-acre parcel, same point also being the northwest
corner of the herein described 52.84-acre, the POINT OF BEGINNING, and
containing 52.84 acres, more or less.
4
Exhibit "B" F.M. 1431 Parcel 5 Tract
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DATE: July 5, 2007
SUBJECT: City Council Meeting - July 12, 2007
ITEM: 10E3. Consider an ordinance annexing the tract of land known as F.M. 1431
Parcel 5, a total of 52.84 acres, located between the eastern edge of
Stone Oak at Round Rock and the western edge of IH-35. (First
Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The Tract of land, known as the F.M. 1431 Parcel 5 Tract, consists entirely of public right-of-
way, extending westward from IH-35. The Tract contains 52.84 acres, is essentially a
rectangle, and abuts previously annexed tracts on three sides. FM 1431 is part of the City of
Round Rock's Master Transportation Plan and it functions as a major gateway into the City.
Annexing the Tract will help provide consistent police and fire protection in that area, and
provide control over this gateway.
Funding: .
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This tract of land is located within the City of Round Rock's ETJ and in Williamson County.
Public Comment:
Per the statutory requirements of the Texas Local Government Code, the following has been
completed: On April 27, 2007, written notices were sent by certified mail to all public and
private utility providers that could be affected. Published notice of both the June 12, 2007,
and June 14, 2007, public hearings appeared in the Round Rock Leader on Saturday, May 26,
2007; likewise, public notice for both public hearings was posted on the City's Website on
Friday, May 25, 2007.
ORD 2007086548
23 PGS
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-07-07-12-10E3, which approves the annexation of
52.84 acres known as F.M. 1431, Parcel 5 Tract. This ordinance was approved
and adopted by the City Council of the City of Round Rock, Texas at a meeting
held on the 12th day of July 2007 and is recorded in the City Council Minutes
Book No. 55.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 8th day of October 2007.
U
CHRISTINE R. MARTINEZ, City Secretary
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED
ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND
ROCK, TEXAS, TO-WIT: 52.84 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 52 . 84 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
O:\wdox\ORDZNANC\070712E3.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 May 26, 2007 ; 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 May 26, 2007; 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 June 12, 2007 ; 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 June 14, 2007; 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:
1.
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 iA day of
2007 .
Aernative 2 .
READ and APPROVED on first reading this day of
, 2007 .
READ, APPROVED and ADOPTED on second reading this day of
2007 .
y Maxwell, Mayor
ST:
1
Christine R. Martinez, "Secrery
6
Exhibit ""A" F.M. 1431 Parcel 5 - Description
BEING a 52.84-acre tract of land, more or less, being out of and a potion of
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas,
and being out of and a part of the Right-of-Way of F.M. 1431, said 52.84
acres being more particularly described as follows:
COMMENCING at a point, said point being the southeast corner of Lot
23, Block A, Stone Oak at Round Rock Section II, a subdivision as recorded
in Cabinet M, Slides 389-390, Williamson County Plat Records (WCPR), said
point also being the Point of Beginning in a 10.00-acre tract annexed by the
City of Round Rock (CORR) in Ordinance Number A-95-07-27-10I and
recorded in Document Number 1995032524 of the Official Public Records of
Williamson County (OPRWC), said point also being the Point of Beginning in
a 0.5740-acre tract annexed by the City of Round Rock (CORR) in Ordinance
Number A-95-07-27-10H and recorded in Document Number 1995032525
(OPRWC), said point also being the southwest corner of a called 1341.92-
acre parcel, from 2023.28 acres as described in Volume 880 Pages 638-645
of the Deed Records of Williamson County (DRWC), said point also being in
the north right-of-way line of F.M. 1431;
THENCE eastward with the south line of said 1341.92-acre parcel and the
north line of said 0.5740-acre annexation tract, also being the north right-
of-way line of F.M. 1431 approximately 100 feet to a point, said point being
on the south line of said 1341.92-acre parcel and the north right-of-way line
of F.M. 1431, said point also being the northeast corner of said 0.5740-acre
annexation tract, the POINT OF BEGINNING and northwest corner of the
herein described 52.84-acre tract.
1
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, a distance of approximately 9843 feet to a point,
said point being the intersection of the north right-of-way line of F.M. 1431
and the west right-of-way line of the Georgetown Railroad;
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, across the Georgetown Railroad right-of-way, a
distance of approximately 60 feet to a point, said point being the
intersection of the north right-of-way line of F.M. 1431 and the east right-of-
way line of the Georgetown Railroad; said point also being the southwest
corner of a 104.71-acre tract identified as Tract IV in a 249.67-acre tract
annexed by the CORR in Ordinance Number A-06-12-14-3.A.3 and recorded
in Document Number 2006113733 (OPRWC);
THENCE following a curve to the east and north with the north right-of-way
line of F.M. 1431, same being the north line of the herein described 52.84-
acre tract and the south line of said 104.71-acre annexation tract, to a point,
said point being the intersection of said 104.71-acre annexation and the
west right-of-way line of I.H. 35, same being in the west line of an
approximate 38-acre tract of I.H. 35 right-of-way annexed by the CORR in
Ordinance Number 103, same intersection being the intersection of the
northern right-of-way line of F.M. 1431 and the west right-of-way line of I.H.
35, and same intersection being the northeast corner of the herein described
52.84-acre tract;
THENCE following a curve to the south along said west right-of-way line of
I.H. 35 and the east line of the herein described 52.84-acre tract a series of
2
courses to a point, said point being the intersection of the west right-of-way
line of I.H. 35 and the south right-of-way line of F.M. 1431, said intersection
also being the northeast corner of a 0.6437-acre tract annexed by the CORR
in Ordinance Number A-95-07-27-10E and recorded in Document Number
1995032528, and the southeast corner of the herein described 52.84-acre
tract;
THENCE following a curve to the north and west, following the south right-
of-way line of F.M. 1431, same being the south line of the herein described
52.84-acre tract and the north line of said 0.6437-acre annexation tract to a
point, said point being an intersection of the south right-of-way line of F.M.
1431 and the east right-of-way line of the Georgetown Railroad, same point
being the northwest corner of said 0.6437-acre annexation tract and the
northeast corner of a 0.0207-acre tract annexed by the CORR in Ordinance
Number A-95-07-27-10F and recorded in Document Number 1995032527
(OPRWC);
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 0.0207-acre annexation tract, across the Georgetown Railroad
right-of-way, a distance of approximately 60 feet to a point, said point being
the intersection of the south right-of-way line of F.M. 1431 and the west
right-of-way line of the Georgetown Railroad; said point also being the
northwest corner of said 0.0207-acre annexation tract, same being the
northeast corner of a 825.73-acre parcel as described in Volume 880 Page
630 (DRWC), and same being the northeast corner of a 4.516-acre tract
annexed by the CORR in Ordinance Number A-95-07-27-10G and recorded
in Document Number 1995032526;
3
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 4.516-acre annexation tract, a distance of approximately 9843
feet to a point, said point being northwest corner of said 4.516-acre
annexation tract, same being the southeast corner of the aforementioned
0.5740-acre annexation tract, and the southwest corner of the herein
described 52.84-acre tract;
THENCE northward with the west line of the herein described 52.84-acre
tract, same being the east line of said 0.5740-acre annexation tract, across
the right-of-way of F.M. 1431 a distance of approximately 200 feet to a
point, said point being the northeast corner of said 0.5740-acre annexation
tract, in the north line of F.M. 1431 right-of-way, in the south line of the
aforementioned 1341.92-acre parcel, same point also being the northwest
corner of the herein described 52.84-acre, the POINT OF BEGINNING, and
containing 52.84 acres, more or less.
4
Exhibit "B"
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 52.84
ACRES, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NUMBER 212, ALSO KNOWN AS F.M. 1431 PARCEL 5
TRACT, AS DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN
EXHIBIT "B" 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 entirely right-of-way for F.M. 1431. The Property is generally surrounded by
undeveloped tracts, with an active quarry abutting the northern edge, and a potential quarry
along the southwestern edge. Recent annexation and zoning will allow commercial uses along
the eastern half of the Property's southern edge and in the vicinity of the Property's intersection
with IH-35. Immediately to the north and south of the western edge are the residential
neighborhoods of The Preserve at Stone Oak and Sendero Springs, respectively. No tracts
abutting the edges of the Property have been platted.
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 I/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
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of emergency medical services which are provided by
Williamson County Emergency Medical Services. 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 - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
(5) Operation and maintenance of water and wastewater facilities- To be provided
immediately upon annexation. Existing water and wastewater facilities are
shown on 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 — Operation and maintenance of F.M. 1431 will remain the
responsibility of the Texas Department of Transportation. Any future
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.
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(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 fiuzd
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
3
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 which is in accord with uninhabited undeveloped land.
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
I. Section 43.0560) requires that the proposed service plan be made available and
explained at public hearings, and allows such service plan to be amended through
negotiation at the hearings except that provision of any service may not be deleted.
The City will make its proposed service plan available at the public hearings scheduled
on June 12, 2007 and June 14, 2007. 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 perfonnance 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).
4
L. Section 43.056(m) establishes that the governing statutes do not require that a uniform
level of full municipal services be provided to each area of the municipality if different
characteristics of topography, land use, and population density constitute a sufficient
basis for providing different levels of service.
The City acknowledges that a uniform level of full municipal services is not required to
be provided to an area of the City which, by reason of its different characteristics of
topography, land use, and population density,provides a sufficient basis for the 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 uninhabited
undeveloped land.
M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the
collection of solid waste in the annexed area by a privately owned solid waste
management service provider or impose a fee for solid waste management services on a
person who continues to use the services of a privately owned solid waste management
service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(n).
N. Section 43.056(o) states that the City is not required to provide solid waste collection
services to a person who continues to use the services of a privately owned solid waste
management service provider.
The City acknowledges that it is subject to the requirements of Section 43.056(o).
5
Exhibit "A" F.M. 1431 Parcel 5 - Description
BEING a 52.84-acre tract of land, more or less, being out of and a potion of
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas,
and being out of and a part of the Right-of-Way of F.M. 1431, said 52.84
acres being more particularly described as follows:
COMMENCING at a point, said point being the southeast corner of Lot
23, Block A, Stone Oak at Round Rock Section II, a subdivision as recorded
in Cabinet M, Slides 389-390, Williamson County Plat Records (WCPR), said
point also being the Point of Beginning in a 10.00-acre tract annexed by the
City of Round Rock (CORR) in Ordinance Number A-95-07-27-10I and
recorded in Document Number 1995032524 of the Official Public Records of
Williamson County (OPRWC), said point also being the Point of Beginning in
a 0.5740-acre tract annexed by the City of Round Rock (CORR) in Ordinance
Number A-95-07-27-10H and recorded in Document Number 1995032525
(OPRWC), said point also being the southwest corner of a called 1341.92-
acre parcel, from 2023.28 acres as described in Volume 880 Pages 638-645
of the Deed Records of Williamson County (DRWC), said point also being in
the north right-of-way line of F.M. 1431;
THENCE eastward with the south line of said 1341.92-acre parcel and the
north line of said 0.5740-acre annexation tract, also being the north right-
of-way line of F.M. 1431 approximately 100 feet to a point, said point being
on the south line of said 1341.92-acre parcel and the north right-of-way line
of F.M. 1431, said point also being the northeast corner of said 0.5740-acre
annexation tract, the POINT OF BEGINNING and northwest corner of the
herein described 52.84-acre tract.
1
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, a distance of approximately 9843 feet to a point,
said point being the intersection of the north right-of-way line of F.M. 1431
and the west right-of-way line of the Georgetown Railroad;
THENCE eastward with the north right-of-way line of F.M. 1431, same being
the north line of the herein described 52.84-acre tract and the south line of
said 1341.92-acre parcel, across the Georgetown Railroad right-of-way, a
distance of approximately 60 feet to a point, said point being the
intersection of the north right-of-way line of F.M. 1431 and the east right-of-
way line of the Georgetown Railroad; said point also being the southwest
corner of a 104.71-acre tract identified as Tract IV in a 249.67-acre tract
annexed by the CORR in Ordinance Number A-06-12-14-3.A.3 and recorded
in Document Number 2006113733 (OPRWC);
THENCE following a curve to the east and north with the north right-of-way
line of F.M. 1431, same being the north line of the herein described 52.84-
acre tract and the south line of said 104.71-acre annexation tract, to a point,
said point being the intersection of said 104.71-acre annexation and the
west right-of-way line of I.H. 35, same being in the west line of an
approximate 38-acre tract of I.H. 35 right-of-way annexed by the CORR in
Ordinance Number 103, same intersection being the intersection of the
northern right-of-way line of F.M. 1431 and the west right-of-way line of I.H.
35, and same intersection being the northeast corner of the herein described
52.84-acre tract;
THENCE following a curve to the south along said west right-of-way line of
I.H. 35 and the east line of the herein described 52.84-acre tract a series of
2
courses to a point, said point being the intersection of the west right-of-way
line of I.H. 35 and the south right-of-way line of F.M. 1431, said intersection
also being the northeast corner of a 0.6437-acre tract annexed by the CORR
in Ordinance Number A-95-07-27-10E and recorded in Document Number
1995032528, and the southeast corner of the herein described 52.84-acre
tract;
THENCE following a curve to the north and west, following the south right-
of-way line of F.M. 1431, same being the south line of the herein described
52.84-acre tract and the north line of said 0.6437-acre annexation tract to a
point, said point being an intersection of the south right-of-way line of F.M.
1431 and the east right-of-way line of the Georgetown Railroad, same point
being the northwest corner of said 0.6437-acre annexation tract and the
northeast corner of a 0.0207-acre tract annexed by the CORR in Ordinance
Number A-95-07-27-10F and recorded in Document Number 1995032527
(OPRWC);
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 0.0207-acre annexation tract, across the Georgetown Railroad
right-of-way, a distance of approximately 60 feet to a point, said point being
the intersection of the south right-of-way line of F.M. 1431 and the west
right-of-way line of the Georgetown Railroad; said point also being the
northwest corner of said 0.0207-acre annexation tract, same being the
northeast corner of a 825.73-acre parcel as described in Volume 880 Page
630 (DRWC), and same being the northeast corner of a 4.516-acre tract
annexed by the CORR in Ordinance Number A-95-07-27-10G and recorded
in Document Number 1995032526;
3
THENCE westward with the south right-of-way line of F.M. 1431, same
being the south line of the herein described 52.84-acre tract and the north
line of said 4.516-acre annexation tract, a distance of approximately 9843
feet to a point, said point being northwest corner of said 4.516-acre
annexation tract, same being the southeast corner of the aforementioned
0.5740-acre annexation tract, and the southwest corner of the herein
described 52.84-acre tract;
THENCE northward with the west line of the herein described 52.84-acre
tract, same being the east line of said 0.5740-acre annexation tract, across
the right-of-way of F.M. 1431 a distance of approximately 200 feet to a
point, said point being the northeast corner of said 0.5740-acre annexation
tract, in the north line of F.M. 1431 right-of-way, in the south line of the
aforementioned 1341.92-acre parcel, same point also being the northwest
corner of the herein described 52.84-acre, the POINT OF BEGINNING, and
containing 52.84 acres, more or less.
4
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Exhibit "C" F.M. 1431 Parcel 5 Tract
Existing Water and Wastewater Lines
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Ordinance No. A-07-07-12-10E3
Annexation of 52.84 acres known as FM 1431, Parcel 5.
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 2007086548
10/10/2007 01:43 PM
SURRATT $104.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS