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Home My WebLink About2020-O-07 - Voluntary Annexation ORDINANCE NO. 2020-0-07 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF STEPHENVILLE, ERATH COUNTY,TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS,AND REGULATIONS OF SAID CITY. WHEREAS, on December 31, 2019, the City of Stephenville received a petition requesting voluntary annexation by the landowner for 3.340 acres of the Williams Survey, A0804; and WHEREAS, the City of Stephenville and the property owner negotiated and executed a Municipal Services Agreement ("Exhibit A") on January 24, 2020; and WHEREAS, the procedures prescribed by the Charter of the City of Stephenville, Texas, and the laws of this state have been duly followed with respect to the following described territory, recorded in the Official Public Records of Erath County, Document No. 2019-00138, to- wit: Being of a 3.340 acres tract of land out of the M. R. Williams Survey, Abstract No. 804, Erath County, Texas; being part of a certain 63.81 acres tract deeded to SID Partners, LLC and HIFAM INVESTMENTS, LLC in Document No. 2015-02492 of the Official Public Records of Erath, County,Texas; and being further described by metes and bounds as follows: Beginning at a found brass TXDOT monument in east right of way line of U. S Highway 281 and at a corner of said 63.81 acres tract, from which a found 1/2" rod with cap (HUDDLESTON 6334) at the northwest corner of said 63.81 acres tract bears N. 01 deg. 41 min. 13 sec. E. 2977.50 feet. Thence with the east right of way line of said Highway, N. 01 deg. 41 min. 13 sec. E. 279.81 feet to a set 1/2" rod with cap (PRICE SURVEYING) in the west ine of said 63.81 acres tract, for the northwest corner of this tract. Thence leaving said Highway, S. 88 deg. 18 min. 47 sec. E. 553.17 feet to a set 1/2" iron rod with cap (PRICE SURVEYING) in the west right of way line of the G.C. & S.F. Railroad, same being the east line of said 63.81 acres tract, for the northeast corner of this tract. Thence with the west right of way line of said Railroad, S. 15 deg. 00 min. 46 sec. W. 287.56 feet toa set 1/2" set iron rod with cap (PRICE SURVEYING) in the east line of said 63.81 acres tract, for the southeast corner of this tract, from which a found 1/2" iron rod with cap (HUDDLESTON 6334) at a corner of said 63.81 acres tract bears S. 15 deg. 00 min. 46 sec. W. 966.73 feet. Thence leaving said Railroad, N. 88 deg. 18 min. 47 sec. W. 486.89 feet to the place of beginning. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Stephenville, Texas: That the heretofore described property is hereby annexed to the City of Stephenville, Erath County, Texas, and that the boundary limits of the City of Stephenville be and the same are hereby extended to include the above described territory within the city limits of the City of Stephenville, and the same shall hereafter be included within the territorial limits of said city, and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Stephenville and they shall be bound by the acts, ordinances, resolutions, and regulations, of said city. The City Secretary is hereby directed to file with the County Clerk of Erath, Texas, a certified copy of this ordinance. PASSED AND APPROVED this 4th day of February, 2020. 0,0111111,11110,0 IS p S TFp" •G '•..429,oug Svien, ayor ATTEST: _ fr rr, (,..__S)CIAIAJ ,;i�iC•. ••• • .•gip`,: Staci L. King, City Secre.. Q/ „► Reviewed by Alle L. Barnes, City Manager Randy Thomas, City Attorney Approved as to form and legality MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF STEPHENVILLE,TEXAS AND JAMES VIRGIN This Municipal Services Agreement("Agreement") is entered into on the 24th day of January, 2020, by and between the City of Stephenville,Texas,a home-rule municipality of the State of Texas("City"),and James Virgin ("Owner"). WHEREAS Texas Local Government Code Section 43.0671 permits the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS where the City elects to annex such an area,the City is required to enter into a written agreement with the property owner that sets forth the city services to be provided for the property on or after the effective date of annexation; and WHEREAS Owner owns a certain parcel of land situated in Erath County,Texas, which consists of approximately 3.340 acres in the Williams Survey,A0804, located in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A, attached and incorporated herein by reference ("Property"); and WHEREAS Owner has filed a written request with the City for full-purpose annexation of the Property; and WHEREAS City and Owner desire to set out the City services to be provided for the Property on or after the effective date of the annexation; and WHEREAS the annexation of the Property is subject to approval by the City Council of the City. NOW, THEREFORE, in exchange for the mutual covenants, conditions, and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This agreement is only applicable to the Property, which is the subject of the annexation request as described in Exhibit A. 2. INTENT. It is intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 3. MUNICIPAL SERVICES. a. Commencing on the effective date of annexation, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal """ services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation shall be in accordance with applicable city ordinances, rules, regulations, and policies. i. FIRE AND EMERGENCY MEDICAL SERVICES. The City's Fire Department will provide fire protection and emergency medical services. ii. POLICE. The City's Police Department will provide protection and law enforcement services. iii. PLANNING, ZONING, AND BUILDING. The City's Development Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. iv. STREETS. The City's Public Works Department will maintain the public streets over which the City has jurisdiction. v. WATER AND WASTEWATER. 1. Water services will be extended in accordance with the City's Comprehensive Master Plan and Section 6.13 Water Utility of the City's Subdivision Ordinance. The City shall be responsible for oversize participation in accordance with Section 6.12 Utility Policy of the City's Subdivision Ordinance. The oversize participation cost to the City shall be no more than $21,520.00. 2. Property was granted an administrative waiver from the requirements of Section 155.6.14 Wastewater Utility of the City's Subdivision Ordinance and Owner shall install and maintain its own on-site sewage disposal system in accordance with requirements set by the Texas Commission on Environmental Quality. Future connections to the City's sanitary sewer system, if desired, will be at Owner's expense. 3. Once connected to the City's water and/or sanitary sewer mains, the water and sanitary sewer service will be provided by the City at rates established by City ordinances for such service. vi. SOLID WASTE SERVICES. The City will provide solid waste collection services in accordance with existing City contracts. vii. CODE COMPLIANCE. The City's Code Compliance Department will provide education, enforcement, and abatement relating to code violations within the Property. b. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. -- c. Owner understands and acknowledges that the City departments listed may change names or be reorganized by the City Manager or City Council. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 11 4. AUTHORITY. City and Owner represent that they have full power, authority, and legal right to execute,deliver,and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the annexation is within the sole jurisdiction and subject to the approval of the City Council. 5. SEVERABILITY. If any part,term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part,term, or provision,and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 6. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property and is binding on the owner and his successors and assigns. Executed this 24th day of January, 2020 to become effective on the date of annexation of the Property. • P 4 ' A en L. Barnes, C y nager 1a Virgin, Property n r STATE OF TEXAS § COUNTY OF ERATH § Sworn to and subscribed before me by Allen L. Barnes this the 24th day of January, 2020. \ 01111111101/4 /0.R▪ Y Ng:\ s 6.44e •: Notary Flu. ,State of texas �▪ OF �.•; STATE OF TEXAS § � 2484 •. COUNTY OF ERATH § ///��p1REi; Sworn to and subscribed before me by James Virgin this the 24th day of January, 2020. `��111111H1/ll//1 • PUe• :gyp %+� • ' ;Notary Pu ic,State of exas • i1• 7t.O F 5�� . '. '12484�\:•' //"//17 111-9- \\\\\\��