HomeMy WebLinkAboutRes 2025-01-1729 Conditional Agreement Regarding Services for One Community ChurchCITY OF ANNA, TEXAS
RESOLUTION NO. l7a 7
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 4.9± ACRE TRACT OF LAND
WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of
territory, subject to the laws of this state; and
WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and
WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to
extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas;
and
WHEREAS, on or about December 9, 2024, the respective owners submitted a written request to
the City for annexation of a tract of land into the corporate limits of the City (the "Annexation
Tract"); and
WHEREAS, the Annexation Tract is a 4.9± acre tract of land situated in Robert Johnson Survey,
Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One
Community Church, by deed of record in Document Number 2024000046807 of the Official
Public Records of Collin County, Texas; and
WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement
regarding municipal services to be provided by the City in accordance with Texas Local
Government Code § 43.0672 (the "Conditional Agreement") and said agreement is as set forth in
EXHIBIT A, attached hereto; and
WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the
City Council") adopting an ordinance annexing the Annexation Tract described above on or
before the 28th day of January 2025 and if the City Council does not adopt such ordinances on or
before said date then the Conditional Agreement shall be null and void in its entirety; and
WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided,
however, that the Conditional Agreement shall not require the City Council to annex the
Annexation Tract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA,
TEXAS:
SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth
in full for all purposes.
SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and
authorizes the City Manager to execute said agreement on behalf of the City.
City of Anna, Texas Resolution No... o a 5 -o) - 17.2 ? Page 1 of 2
SECTION 3. This resolution shall become effective immediately upon the date and time of its
adoption and it is accordingly so resolved.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THIS THE 28TH DAY OF JANUARY 2025.
CITY OF ANNA, TEXAS
PETE CAIN
MAYOR
ATTEST:
c -
CARRIE L. LAND
CITY SECRETARY
City of Anna, Texas Resolution No. j al S -a 1 - I ya ? Page 2 of 2
AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 28th day of January, 2025 by and between One Community Church and the City of
Anna, Texas a home rule municipality.
SUBJECT PROPERTY
The real property that is the subject of this Service Plan is described as follows:
One Community Church. 4.9± acres on the east side of S. Central Expressway (U.S.
Highway 75) 484± feet north of W. Outer Loop Road.
AGREEMENT CONDITIONED ON ANNEXATION
This Agreement is conditioned on the City of Anna City Council adopting an ordinance
annexing the Subject Property described above. Nothing in this Agreement shall require
the City Council to annex the Subject Property.
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas will provide emergency
medical services to the newly annexed area at the same or similar level of service now
being provided to other areas of the City of Anna, Texas with similar topography, land
use, and population density within the newly annexed area.
Page 1 of 6
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
CARDS Dallas, Inc. or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service now
being provided to other areas of the City of Anna, Texas with similar topography, land
use, and population density within the newly annexed area. Such service will be provided
in accordance with existing City policies and Ordinances, and only upon payment of any
required deposits and the agreement to pay lawful service fees and charges for solid
waste collection. Solid waste collection through a subscription with the City's solid waste
franchisee is mandatory for City of Anna residents and businesses operating within the
city limits unless provided for otherwise by ordinance.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines from
the building to the easement or right-of-way line, shall be maintained by the property
owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or as
may be amended from time -to -time by the City Council. Generally, these ordinances
state that the landowner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City of
Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the
same degree and extent that other roads and streets are maintained in areas of the City
with similar topography land use and population density. Specific maintenance activities
are determined by available funding and the need for maintenance as determined by the
City. The City is not obligated to maintain any portion of a private road or street. Any and
all lighting of roads and streets which may be positioned in a public right of way, roadway
or utility company easement shall be maintained by the applicable utility company
Page 2 of 6
servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees
of such utility.
An owner of land within the newly annexed area that desires to develop said property will
be required pursuant to the ordinances of the City of Anna, Texas to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Anna, Texas.
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such areas
upon annexation to the same extent and degree that it maintains public parks, public
playgrounds, public swimming pools, other public facilities buildings or services and other
similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code enforcement,
planning, and animal control services to the newly annexed area, to the extent such
services are funded in the annual budget and provided by the City within its full -purpose
boundaries. In addition, the City will provide other municipal services that the City may
from time to time provide to other similarly situated areas within the City's corporate limits.
The services referenced in this paragraph will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of Anna,
Texas with similar topography, land use, and population density within the newly annexed
area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it may be necessary to
acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. These capital improvements shall be
constructed as part of the development of the property and may be eligible for impact fee
reimbursement. Subject to the foregoing, the City Council finds and determines that it has
Page 3 of 6
at the present time adequate facilities to provide the same type, kind and level of service
which exists in and is presently being administered to other areas already incorporated in
the City of Anna, Texas with the same or similar topography, land use and population
density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this Service Plan
will not provide any fewer services and it will not provide a lower level of service in the
area proposed to be annexed than were in existence in the proposed area at the time
immediately preceding the annexation process. Furthermore, the City Council of the City
of Anna, Texas finds and determines that the rural nature of the area is characteristically
different from other more highly developed areas within the corporate limits of the City of
Anna, Texas. Consequently because of the differing characteristics of topography, land
use, and population density the service levels which may ultimately be provided in the
newly annexed area may differ somewhat from services provided in other areas of the
City of Anna, Texas. These differences are specifically dictated because of differing
characteristics of the property. The City of Anna, Texas will undertake to perform
consistent with this contract so as to provide this newly annexed area with the same type,
kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas
who reside in areas of similar topography, land use and population density.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public hearing that
changed conditions or subsequent occurrences make this Service Plan unworkable or
obsolete. The City Council may amend the Service Plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056.
Page 4 of 6
Owner:
One Community Church,
a Texas nonprofit corporation
By: One Community Church,
a Texas nonprofit corporation
Title:
Signature:
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
2025 by on behalf of said company.
Notary Public, State of Texas
Page 5 of 6
Westwood
LEGAL DESCRIPTION
ZONING & ANNEXATION EXHIBIT
ONE COMMUNITY CHURCH — 4.90 ACRES
ROBERT JOHNSON SURVEY, ABSTRACT NO. 479
COLLIN COUNTY, TEXAS
BEING a 4.90 acre tract of land situated in the Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and
being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number
2024000046807 of the Official Public Records of Collin County, Texas; said 4.90 acre tract being more particularly
described as follows:
BEGINNING at a 3/8" iron rod found at the northeast corner of said 4.90 acre tract;
THENCE South 00 degrees 16 minutes 17 seconds East, with the east line of said 4.90 acre tract, a distance of 107.88
feet to a 1/2" iron rod with a cap stamped "CBG" found;
THENCE South 00 degrees 20 minutes 54 seconds East, continuing along said east line, a distance of 1,031.19 feet
to a 5/8" iron rod with a cap stamped "CLSC" found at the southeast corner of said 4.90 acre tract;
THENCE North 41 degrees 30 minutes 03 seconds West, along the southwesterly line of said 4.90 acre tract, a
distance of 194.44 feet to a 5/8" iron rod with a cap stamped "CLSC' found at an angle point;
THENCE South 88 degrees 36 minutes 09 seconds West, a distance of 58.41 feet to the southeast corner of a 9.81
acre tract of land conveyed to One Community Church by deed of record in Document Number 2024000066066 of
the Official Public Records of Collin County, Texas, and being at a southwest corner of said 4.90 acre tract;
THENCE North 00 degrees 34 minutes 34 seconds West, along the common line between said 4.90 acre tract and
said 9.81 acre tract, a distance of 958.76 feet to a 5/8 iron rod found with a cap found at a re-entrant corner;
THENCE North 89 degrees 02 minutes 46 seconds West, continuing along said common line, a distance of 421.56
feet to the southwest corner of said 4.90 acre tract, and being the northwest corner of said 9.81 acre tract, said
point being in the east right-of-way line of U.S. Highway 75, a variable width right-of-way;
THENCE North 04 degrees 52 minutes 22 seconds East, departing said common line, along said east right-of-way of
U.S. 75, a distance of 38.71 feet to the northwest corner of said 4.90 acre tract;
THENCE departing said east right -of -ay line of U.S. Highway 75, along the north line of said 4.90 acre tract the
following courses and distances:
South 89 degrees 17 minutes 37 seconds East, a distance of 340.00 feet to an angle point;
South 88 degrees 55 minutes 57 seconds East, a distance of 258.41 feet to an angle point;
South 87 degrees 28 minutes 01 second East, a distance of 9.98 feet to the POINT -OF -BEGINNING,
containing 213,423 square feet or 4.90 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas North Central Zone
4202, North American Datum of 1983. Adjustment Realization (CORS 96).
An exhibit of even date accompanies this description.
Page 1 of 2
2024 Westwood Professional Services, Inc.
LEGEND
O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS `
DOC. DOCUMENT NUMBER
CAB. PG. CABINET, PAGE
M.D. MONUMENTS OF RECORD DIGNITY
MON. FND. MONUMENT FOUND LOT 32
IRF IRON ROD FOUND
CIRF CAPPED IRON ROD FOUND
I
LOT 38 WOODLAND MEADOWS LOT 37
CAB. C, PG. 713 3/8"IRF
S89°17'37"E O.P.R.C.CT S88°55'57"E
38 71 ' 340.00' 258.41 '
N04 °52'22 "E
421.56' 1 5/8" CIRF-
L2
N89 °02'46"W
213,423 sq. ft.
4.900 acres
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9.81 ACRES
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ONE COMMUNITY CHURCH,
A TEXAS NON-PROFIT
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1/2"CIRF CAP DESTROYED -
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TX -DOT MON. FND.
518" CIRF "CLSC"
CALLED 4.3905 ACRES
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DOC. 20220318000438700 o '
O.P.R.C.C.T.
Line Table
Line # Length Direction
L1 58.41 S88°36'09"W
L2 9.98 S87°28'07 "E
This exhibit and the description attached were prepared
using record documents. No field work was collected or
monumentation verified on the ground.
O
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0' 200' 400'
P.O.B.
3/8"IRF (M.D.)
112" IRF
f 107.88'
S00 ° 16' 17"E
112" CIRF "CBG"
LOT 39
WOODLAND MEADOWS
CAB. C, PG. 773
O.P.R.C.CT
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WOODLAND MEADOWS
CAB. C, PG. 713
O.P.R.C.C.T
518" CIRF "CLSC"
112" IRF
ZONING & ANNEXATION
EXHIBIT
4.90 ACRES
BEING ALL OF A 4.90 ACRE TRACT
OF LAND LOCATED IN THE
THE ROBERT JOHNSON SURVEY
ABSTRACT NO. 479
COLLIN COUNTY, TEXAS
ANNA, TEXAS
Le
DATE: 1 NO. 2 OF 2
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