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Home My WebLink AboutRes 2024-02-1594 Conditional Agreement Regarding Services for 107 S College StCITY OF ANNA, TEXAS RESOLUTION NO. 20 24 —a9 —15q 4 A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 0.04f 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 January 8, 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 0.04± acre tract of land situated in Collin County, Texas, and being Business Lot No. 8, Town of Westminster Original Donation, according to the Plat thereof recorded in Cabinet 1, Page 83, Map Records, 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 13th day of February 2024 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. SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. City of Anna, Texas Resolution No. 20Z14 — 09- —11594 Page 1 of 2 PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 13TH DAY OF February 2024. CITY OF ANNA, XAS NATE PIKE MAYOR CITY SECRETARY City of Anna, Texas Resolution No. ZO Z4 — 0 - 1 594 Page 2 of 2 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 13th day of February 2024 by and between D&V Stores LLC, a Texas limited liability company, and the City of Anna, Texas, a home rule municipality (the "City"). SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Westminster Original Donation, Lot 8. (107 S College Street, Anna, TX 75409 AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above on or before the 13th day of February 2024. If the City Council does not adopt such ordinance on or before said date then this Agreement shall be null and void in its entirety. 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. Page 1 of 5 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. 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, the City shall not provide water or wastewater services to the newly annexed area. 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 or on behalf of the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. If, at some point in the future, the City provides water or wastewater services to all or any part of the newly annexed area, all water and wastewater service lines from any building to the City's main lines, shall be maintained solely by the property owner served by the service connection. As of the effective date of annexation, the newly annexed area is not located in the City's Certificate of Convenience and Necessity ("CCN") for water or wastewater service. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN are 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, utilities, and other development ordinances and requirements. The City shall only provide water service to the newly annexed area to the extent that: (1) the newly annexed area becomes part of the City's water CCN and all requirements for Page 2 of 5 service set forth above are satisfied; or (2) this Agreement is duly amended to provide for water service by the City. The City shall only provide wastewater service to the newly annexed area to the extent that: (1) the newly annexed area becomes part of the City's wastewater CCN and all requirements for service set forth above are satisfied; or (2) this Agreement is duly amended to provide for wastewater service by the City. 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 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 None will be provided by the City. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide or cause to be provided 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. Except as set forth to the contrary in this Agreement, 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. Page 3 of 5 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. AMENDMENTS; SEVERABILITY 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. This Agreement and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision, or portion of this ordinance shall not affect the validity or constitutionality of any other portion of this ordinance. If any term or provision of this ordinance is held to be illegal, invalid, or unenforceable, the legality, validity, or unenforceability of the remaining terms or provisions of this ordinance shall not be affected thereby. [Signatures page to followj Page 4 of 5 Owners : D&V Store LLC a Texas Limited Liability Company Name: Vishwas Patel Title: Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2024, by Vishwas Patel as manager of D&V Store, LLC Notary Public, State of Texas City of Anna: By. Na : Rvan Henderson Ti e: Citv Manager IN WITNESS WHEREOF STATE OF TEXAS § COUNTY OF COLLIN § h This instrument was acknowledged before me on the day of Februc.rll 2024, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas JEOVANNA RUBIO o ' c' 5=Notary Public, State of Texas ?°�'•'+� Comm. Expires 10-03-2026 °'n,°,;,`Notary ID 133995676 Page 5 of 5