Loading...
HomeMy WebLinkAboutOrd 1090-2024-02 Annexing 0.04± Acre (Westminster Convenience Store, 107 S college St.) RECORDEDCITY OF ANNA, TEXAS ORDINANCE NO. 166) D -- 90 4- o;Z AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE 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 AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City's annexation of following described territory, to wit: 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 of Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described more specifically in EXHIBIT A, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction; and WHEREAS, on or about January 8, 2024, the respective owners of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: City of Anna, Texas Page 1 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller's Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7. This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 13TH DAY OF FRIARY 2024. 1-,-) A CITY OF ` E`�na � ATE PIKE,1 YOR ATTEST: �4t r�xAs � 1911 CARRIE L. LAND, CITY SECRET City of Anna, Texas Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION Westminster Original Donation, Lot 8 As' 7— -4< 0 LL 0 04 CD 0 EMU, co low_ Vp Alp, 3W EXHIBIT B 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 follow] Page 4 of 5 Owners : D&V Store LLC a Texas Limited Liability Company By: 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 &nna. By: Z4 W Ndpe: Ryan Henderson Tie: City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the l day of r r 2024, by Ryan Henderson as representa ' of the City of Anna. Notary Public, State of Texas ,"WyM11, JEOVANNA RUBIO =_; �=Notary Public, State of Texas Comm. Expires 10-03-2026 °;,;�Notary ID 133995676 After recording return to City Secretary Page 5 of 5 City of Anna 120 W. 7th Street Anna, TX 75409 IIII 1 11 1 U lull 111911111111111 I WilliRIII IIII' Nil I I III]II Nil II�I *VG-1 5-2025-2025000042233* Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2025000042233 Real Property ORDINANCE/ANNEXATION Recorded On: April 09, 2025 12:40 PM Number of Pages: 10 " Examined and Charged as Follows: IN Total Recording: $57.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2025000042233 CITY OF ANNA Receipt Number: 20250409000440 107 W 7TH ST Recorded Date/Time: April 09, 2025 12:40 PM User: Dwayne K ANNA TX 75409 Station: Workstation cck165 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX