HomeMy WebLinkAboutRes 2023-06-1454 Approving an Agreement Regarding Services for Municipal ServicesCITY OF ANNA, TEXAS
RESOLUTION NO. a O A 3- OG - 14 514
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 2.33± 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 May 15, 2023, 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 2.533± acre tract of land situated in the John Ellet Survey,
Abstract Number 296 and the W. Rattan Survey, Abstract Number 752, Collin County, Texas,
being a portion of that tract of land described in deed as Tract 1 to MM Anna 325, LLC recorded
in Instrument Number 20190411000386110 of the Official Public Records, Collin County, Texas;
and
WHEREAS, the Annexation Tract is described more specifically in EXHIBIT A, attached hereto;
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 B. 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 13th day of June 2023 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.
City of Anna, Texas Resolution No. A02 3 - 0 b - f 4541 Pagel of 2
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.
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 13TH DAY OF NNE 2023.
ATTEST:
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CITY SECRETARY
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CITY OF ANNA, TEXAS
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City of Anna, Texas Resolution No..26:23 — OIn —14 StF Page 2 of 2
Exhibit A
BEING chat mmin tract of land situated in the John Ellet Survey, Abstract Number 296 and the W.
Rattan Sun*ey, Abatrsct Number 752, Collin County, Texas, being a portion of t}sat tract of laud
described in deed as Tract 1 to 14f Anna 325, LLC recorded in Instrument Number
20190411000386110 of the Ofhcid Public Records of Collin County, Tess (O,PXC.C.T.) and being
more particularly described 1)), metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod cap stampcd "Peloton" found for the aorthwcst cornet of that
certain tract of land described in deed to BFB ANA 40 Acres., LLC recorded in Instrutnent Number
20190412000390800 and the southwc*t corner of that certain tract of land to She&h M. Alam recorded
in lnstnunent Number 19990120WW74010 of said O.P.R,C.C.T.
THENCE S 04014' 58""285.02 feet to a 5/8 inch iron rod with cap ataunpcd "Peloton" found and
the begi 9 of a curve to the right;
'HENCE with said curve to the tight, having an act distance 277.01 feet, through a central angk of
38" 31' 54", hang a radius of411.91 feet, the long chord Which burs S 15° W 59" W, 271.82 foot to
a 5/8 inch iron rod with cap stamped "Peloton" set;
THENCE S 34016' 56" W, 286.03 feet to a 1 /2 inch iron rod found;
THENCE S 05° 15' 1811W, 277.87 feet to a 5/8 inch iron rod with cap stamped ` Peloton" set and
the begi0=9 of a cum to the right;
THENCE with said Curve to the rjght, haves an arc distance of 473.61 feet, though a central angle
of 2V 1C 00", having a radius of9.60.00 feet, the long chard which brats N 019 35' 07" E, 468.82 feet
to a 5/8 inch iron rod with cap stumped "Petoton" act;
11fENCE N 150 43' 07" K 512.37 feet to a 5/8 inch iron rod with cap stamped "Peloton" sct and
the begkMi ng of a curve to the left;
THENCE with said curve to the left, having an arc distancc of 99.55 feet, through a centW angle of
030 42' 130, having a radius of 1,540.00 feet, the long chord which beatv N 13° 52' 00" E, 99.53 feet
to a 5/8 inch iron rod with cap stamped "Peloton" set;
THENCE N 88° 44' 00" E, 60.25 feet to the POINrl' OF BEGINNING and cone; 2 533 acres
or 110,346 square feet more or lcs.
AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 13th day of June, 2023 by and between Mantua 30 Partners, Ltd. 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:
Sherley Commercial Annex. 2.5± acres east side of future N. Standridge Boulevard, 705±
feet south of W Rosamond Parkway.
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.
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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
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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
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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 5
Owner:
Mantua 30 Partners, Ltd., a Texas Limited Partnership
By: Golden Corridor Investors, Ltd.,
a Texas limited liability company
Its general partner I —
By: -jam
Name: Gail Peyton
Title: Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 3 t day of M -- v
2023 by G 1, Pe y t=- as Manager of Mantua 30 Partners Ltd., a Texas Limited
Partnership on behalf of said company.
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State of e!"
Comm. .08.11.2026
City
it of Anna:
By: M
Name: yan Henderson
Title: Interim City Manager
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
Notary Public, State of Texas
This instrument was acknowledged before me on the J_l day of jwro, , 2023, by
Ryan Henderson as representative of the City of Anna.
Notary Public, State of &Texas'
�"r�ra�'%, JEOVANNA RUBIO
Ot✓ ..•
_r; �NOtary Public, State of Texas
9= Comm. Expires ID-03.2026
%n,°;,,'�`` Notary ID 133995676
[SEAL]
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