HomeMy WebLinkAboutRes 2016-05-176 Annexation ProceedingsCITY OF ANNA, TEXAS RESOLUTION NO. O(O llo-06 -lf}'l.p (Annexation Oates, Times and Place) A RESOLUTION INSTITUTING ANNEXATION PROCEEDINGS AND SETTING THE DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF 32.295 ACRES OF LAND LOCATED IN THE HENRY SMITH SURVEY, ABSTRACT NO. 0823; AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION.
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of
Anna, the City Council of the City of Anna, Texas (the "City Council") wishes to consider
annexation of certain property described in Exhibit A; and
WHEREAS, said territory lies adjacent or contiguous to the present boundaries of the
City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
151 Public Hearing -June 28, 2016 at 7:30 p .m . in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing -July 12, 2016 at 7:30 p .m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3.
The City Council hereby directs the City Manager to prepare a service plan that
provides for the extension of full municipal services as required and appropriate for the
area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager offer on behalf of the City, to make
the Development Agreement, attached hereto as Exhibit B, with the owners of all
properties located within the area proposed for annexation, including the owners of any
properties that are appraised for property tax purposes as land for agricultural, wildlife
management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23,
Tax Code).
REsoLunoN No. c9o ICo -D5-l ·7 <o
(Annexation Dates, Times and Place) Page 1
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24th day of May, 2016.
RESOLUTION NO. ~0\Lo-05-l(){p
(Annexation Dates, Times and Place) Page2
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EXHIBIT 8 ST ATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43 .035 and/or 212 .172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, Owner and the City are sometimes collective ly referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code .
Section 2. OWNER OBLIGATIONS (a) Owner covenants and agrees not to use the Property for any use other than for the Existing Land Uses or for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City . 1. Existing Land Uses mean the legal uses of the Property in existence as of the Effective Date of this Agreement. (b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City 's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1 )(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the uses of the Property authorized under Section 2(a) of this Agreement. Section 4. EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public . The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is three (3) years from the Effective
Date .
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43 .002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City .
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential -Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee .
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas .
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. (d) This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter . (e) No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this __ day of ________ , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE ST ATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
-------------~
TH E STATE OF TEXAS}
-----J 2016, by
COUNTY OF ____ } This instrument was acknowledged before me on the _day of _____ , 2016, by ____________ ,Owner 1. Notary Public, State of Texas
Owner 2
Printed Name:
------------~
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of _____ , 2016, by
____________ ,Owne r 2.
Notary Public, State of Texas
Owner 3
Printed Name:
------------~
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of _____ , 2016, by
_____________ ,Owner 3.
Notary Public, State of Texas
Owner4
Printed Name:
------------~
THE STATE OF TEXAS} COUNTY OF } This instrument was acknowledged before me on the _day of _____ , 2016 , by ____________ ,Owner 4. Notary Public, State of Texas