AN ORDINANCE ANNEXING
A SPARSELY OCCUPIED 15.822 (+/-) ACRE TRACT OF LAND ON PETITION OF
AREA LANDOWNER, SABINE INVESTMENTS COMPANY, PURSUANT TO SECTION 43.028
OF THE LOCAL GOVERNMENT CODE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Bastrop, Texas, finds that the requirements
of Section 43.028 of the Local Government Code have been met, to-wit;
that the area to be annexed is:
1. Less than one-half mile
in width; and
2. continuous to the existing
city limits of Bastrop; and
3. has less than three
(3) qualified voters residing thereon; and
4. that the owners have
properly petitioned the City Council, in writing, to annex the 15.822
(+/-) acre area described by metes and bounds in Exhibit "A"
and by sketch in Exhibit "B", attached hereto and made a
part hereof, and
WHEREAS,
the City staff has prepared a Service Plan for the area to be annexed,
and said Service Plan is attached hereto as Exhibit "C";
and
WHEREAS,
the City Council of the City of Bastrop further finds that the required
notices have been given and the required public hearings held, pursuant
to Section 43.052 of the Local Government Code; NOW THEREFORE:
BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
PART 1: That the
15.822 (+/-) acre real property area described in Exhibits "A"
and "B" attached hereto and made a part hereof be, and it
is hereby, annexed, and the city limits of the City of Bastrop are
hereby extended so as to include said tract of land.
PART 2: The service
plan for the annexed area attached hereto as Exhibit "C"
is hereby approved as part of this Ordinance.
PART 3: That this
Ordinance shall take full force and effect immediately upon passage
and approval and in accordance with the laws of the State of Texas.
PART 4: The City
Secretary is hereby directed to file a certified copy of this Ordinance,
together with a copy of the Owner's Petition, in the office of the
Bastrop County Clerk and to file a certified copy of this Ordinance
with other appropriate officials and agencies, as required by state
and federal law.
READ and ACKNOWLEDGED on First Reading on the 13th day of April 2004.
READ and ADOPTED, on Second Reading on the 27th day of April 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
Exhibit A
DALE L. OLSON
Registered Professional Land Surveyor
711 Water Street
Bastrop, TX 78602
Phone (512) 321-5476 * Fax (512) 303-5476
FIELD NOTES FOR A 15.822 ACRE TRACT IN THE NANCY BLAKEY SURVEY,
BASTROP COUNTY, TEXAS.
BEING a 15.822 acre tract, lot, or parcel of land
out of and being a part of the Nancy Blakey Survey, A-98, In Bastrop
County, Texas, and being a part of that certain 283.001 acre tract
described In a deed from Karmen Ketha Townsend to Sablne Investments
Company, dated March 15, 2001, recorded In Volume 1113, Page 870,
Bastrop County Deed Records. Herein described tract or parcel of land
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 Inch Iron rod found In the west
line of State Highway No. 304 and east line of the said 283.001 acre
tract, at the Intersection of the south line of Home Depot Way, a
50 foot roadway as shown on the plat of Hunters Crossing, Section
One-A, as recorded in Plat Cabinet 4, Page SOB, Bastrop County Plat
Records, with the west line of State Highway No. 304 for the northeast
comer of this tract.
THENCE continuing with the west line of State Highway
No. 304 and east line of the said 283.001 acre tract, S 10 deg. 44
min. 28 sec. W, 936.97 feet of a 5/8 Inch iron rod set where same
Intersects the south line of a 100 foot LCRA easement for the southeast
comer of this tract.
THENCE with the south line of said easement, N 77
deg. 13 min. 45 sec. W, 759.54 feet to a 5/8 Inch iron rod set for
the southwest corner of this tract.
THENCE N 11 deg. 46 min. 35 sec. E, 827.58 feet to
a 5/8 Inch Iron rod set In the south line of the before said Home
Depot Way, for the northwest corner of this tract.
THENCE with the south line of said Home Depot Way,
N 88 deg. 38 min. 35 sec. E, 613.60 feet to a 5/8 Inch Iron rod found
at the beginning of a curve to right.
THENCE with the said curve to the right whose radius
Is 180.00 feet; whose long chord bears S 85 deg. 18 min. 33 sec. E,
37.94 feet; 38.01 feet along the arc to a 5/8 Inch iron rod found
at the end of said curve.
THENCE S 79 deg. 15 min. 32 sec. E, 56.37 feet to
a 5/8 Inch Iron rod found at the beginning of a cut-back curve to
the right.
THENCE with said cut-back curve whose radius is 50.00
feet; whose long chord bears S 34 deg. 15 min. 32 sec. E, 70.71 feet;
78.54 feet along the arc to the POINT OF BEGINNING, containing 15.822
acres of land.
Dale L. Olson
Reg. Pro. Land Surveyor 1753 Order # 153000-1-4a
OR Michael D. Olson
Reg. Pro. Land Surveyor 5386
Date Created: 02/13/04
City of Bastrop
Municipal Service Plan
Sabine Investment Company
+ 15.822 Acres
Introduction:
Sabine Investment Company has requested that the City annex + 15.822
acres in one tract out of the Nancy Blakey Survey. Abstract No. A-98,
into the City of Bastrop. The property abuts the city limits to its
north and east along Home Depot Way and SH 304.
A legal description of
the property is attached.
The area consists of portions
of HxC-5 and HxM-l shown on the revised Hunter's Crossing Master Plan.
(please reference attached master plan). The master plan development
scenario indicates that this annexation would allow 153 multi family
living units and commercial development along SH 304. The material
accompanying the annexation request indicates a 20% reduction of multifamily
and a 49% increase in commercial area from the master plan scenario.
This service plan has been
prepared in accordance with Section 43.056 of the Texas Local Government
Code.
NOTE: This annexation
was initiated by the petition or request of the owners of land in
the annexed area.
As is stated in Section
43.056(e) of the Texas Local Government Code, the requirement that
construction of capital improvements must be substantially completed
within the period provided in this service plan does not apply to
a development project or proposed development project within an area
annexed at the request or on the petition of the landowner when the
City and the landowners subsequently agree in writing that the development
project within that area, because of its size or projected manner
of development by the developer, is not reasonably expected to be
completed within that period.
An agreement between the
developer and the City (Hereinafter "the Agreement") will
address provision of water and wastewater utilities and governs the
provision of certain City services to this 25.31 acres. A Public Improvement
District was created by the City Council further addressing construction
and maintenance of certain improvements and services.
Schedule of Municipal Services to be Provided
Municipal facilities and services to the annexed area will be made
available or provided by the City within 2 1/2 years following the
date of annexation, unless otherwise specified below.
I. Police Protection
A) Existing services: None
B) Services to be provided. Police protection personnel and equipment
from the city police department shall be provided to the annexed area
beginning on the effective date of the annexation ordinance and shall
be provided at the same level of service as currently provided throughout
the city.
C) Animal control services will be provided in the area when requested.
II. Fire Protection
(including Emergency Ambulance)
A) Existing services: None
B) Services to be provided. Fire protection personnel and equipment
from the city fire department shall be provided to the annexed area
beginning on the effective date of the annexation ordinance and shall
be provided at the same level of services as currently provided throughout
the city.
III. Solid Waste
Collection
A) Existing services: None
B) Services to be provided: Solid waste collection shall be available
to the annexed area on the same basis and at the same level as provided
throughout the city. However, no obligation exists for the city to
provide waste collection services to a person who uses the services
of a privately owned waste management provider.
IV. Water Service
in the Service Area of the City
A) Existing services: None
B) Services to be provided: In accordance with the terms of the Agreement.
V. Sanitary
Sewer Service
A) Existing Services: None
B) Services to be provided: In accordance with the terms of the Agreement.
VI. Maintenance
of Roads and Streets
A) Existing services: None
B) Services to be provided: Street maintenance and other street services
shall be provided to the annexed area on the same basis and at the
same level as provided throughout the city as per terms of the Pubic
Improvement District.
VII. Parks and Recreation
A) Existing services: None
B) Services to be provided: All city parks and recreational facilities
shall be available for use by residents of the annexed area, beginning
on the effective date of the annexation ordinance.
C) Maintenance and other parks and recreation services provided within
the annexed area are on the same basis and at the same level as provided
throughout the city as per terms of the Pubic Improvement District.
VIII. Library Service
A) Existing services: City library facilities are presently available
B) Services to be provided: All of the city library facilities shall
be available
for use by resident of the annexed area, at no cost beginning on the
effective date of the annexation ordinance.
IX. Street Lighting
A) Existing services: None
B) Services to be provided: The city shall provide to the residents
of the annexed area the same type services for placement of street
lights that are currently provided to any other area of the city.
X. Traffic Engineering
A) Existing services: None
B) Services to be provided: Similar traffic engineering will be provided
to annexed areas as is currently being provided to other areas of
the city.
XI. Planning
and Zoning
A) Existing services: None
B) Services to be provided: The planning and zoning jurisdictions,
including the subdivision platting process of the city, will extend
to the annexed area on the effective date of the annexation ordinance.
XII. Storm Drainage
(Including Flood Plain Regulations)
A) Existing services: None
B) Services to be provided: Similar storm drains will be provided
as is currently being provided to other similar areas of the city
on the same basis and at the same level as provided throughout the
city per terms of the Pubic Improvement District.
XIII. Building
Inspection - Code Enforcement
A) Existing services: None
B) Services to be provided: On the effective date of the annexation
ordinance, building inspection personnel and equipment from the city
building inspection department shall be provided to the annexed area.
On the effective date of the annexation ordinance, all building permits
and related construction permits will be issued in accordance with
existing city ordinances resolutions, regulations, and building codes.
On the effective date of the annexation ordinance, on-site inspection
services of new construction will be provided. On the effective date
of the annexation ordinance, the Planning and Development Department
will provide consultation with the developers concerning site plans
and building code requirements.
XIV. Health
Code Enforcement Services
A) Existing services: None
B) Services to be provided: On the effective date of the annexation
ordinance, existing city health ordinances, resolutions, regulations
and codes will extend to the area. Upon annexation, the City Health
Officer will be available to enforce any violations or complaints.
XV. Miscellaneous
All other applicable municipal services will be provided to the area
in accordance with policies established by the City.
XVI. Capital
Improvements
The construction of any such improvements shall be in accordance with
the terms of the Agreement. The Agreement and this service plan may
be amended to extend the period for construction if the construction
is proceeding with all deliberate speed. However, the city does not
violate this service plan or the Texas Local Government Code if the
construction process is interrupted for any reason by circumstances
beyond the direct control of the city.
XVII. Level
of Service
Nothing in this plan shall require the city to provide a uniform level
of municipal services to each area of the city, including the annexed
area, if different characteristics of topography, land use, and population
density are considered a sufficient basis for providing different
levels of service.
XVIII. Fiscal
Analysis
No determination of the impact on the City of Bastrop's General Fund
or on the utility ratepayers due to the provision of services to the
annexed area has been determined, as sufficient data does not exist
at this time. Any additional costs are anticipated to be balanced
by growth in both property and sales tax attributable to this area's
development over time.
XIX. Term
This service plan shall be valid for a term of ten (10) years.
XX. Amendments
This plan shall not be amended unless public hearings are held in
accordance with Section 43.0561 of the Texas Local Government Code.
STATE OF TEXAS
COUNTY OF BASTROP
CERTIFICATE TO COPY OF PUBLIC RECORDS
I hereby certify, in the performance of the functions of my office,
that the attached instrument is a full, true and correct copy of (1)
Annexation Ordinance No. 2004-5 AN ORDINANCE ANNEXING 15.822 (+/-)
ACRE TRACT OF LAND, PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT
CODE; and (2) City of Bastrop Municipal Service Plan, as
the same appears of record in my office and that said document is
an official record from the public office of the City Secretary of
Bastrop, Bastrop County, State of Texas, and is kept in said office.
I further certify that I am City Secretary, that I have legal custody
of said record and that I am lawful possessor and keeper and have
legal custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official
seal of said office this 27th day of April 2004.
Teresa Valdez
City Secretary
Bastrop County
State of Texas
