AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, PROVIDING
FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF THE FOLLOWING
PROPERTIES IN BASTROP, BASTROP COUNTY, TEXAS: PARCEL 1A/B, A 31.2
ACRE TRACT IN THE NANCY BLAKEY SURVEY, A98, LOCATED ON THE NORTH SIDE
OF HIGHWAY 71; PARCEL 1C, A 8.299 ACRE TRACT IN THE NANCY BLAKEY SURVEY,
A98, LOCATED ON THE NORTH SIDE OF HIGHWAY 71; PARCEL 1D, A 0.20 ACRE
TRACT IN THE NANCY BLAKEY SURVEY, A98, LOCATED ON THE NORTH SIDE OF
HIGHWAY 71; PARCEL 2, 18.0 ACRES WHICH LEGALLY MAY BE GENERALLY DESCRIBED
AS THE COLORADO RIVER, LOCATED ON THE NORTH SIDE OF HIGHWAY 71; PARCEL
3, 7.0 ACRES WHICH LEGALLY MAY BE GENERALLY DESCRIBED AS THE COLORADO
RIVER; LOCATED ON THE SOUTH SIDE OF HIGHWAY 71; PARCEL 4A/B, A 24.198
ACRE TRACT IN THE NANCY BLAKEY SURVEY, A98, LOCATED NORTH OF HIGHWAY
71; PARCEL 4C, A 0.017 ACRE TRACT IN THE NANCY BLAKEY SURVEY, A98,
LOCATED NORTH OF HIGHWAY 71; PARCEL 5/6, A 105.06 ACRE TRACT IN NANCY
BLAKEY SURVEY, A98, LOCATED SOUTH OF HIGHWAY 71; PARCEL 7, A 1.60
ACRE TRACT IN THE NANCY BLAKEY SURVEY, A98, WHICH IS LOCATED SOUTH
OF HIGHWAY 71; ALL PARCELS BEING DESCRIBED MORE FULLY IN EXHIBIT A,
AND SHOWN ON EXHIBIT B OF THIS ORDINANCE; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF
BASTROP, TEXAS AND NOT BEING A PART OF ANY INCORPORATED AREA; APPROVING
A SERVICE PLAN FOR THE AREA; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a home rule
municipal corporation; and
WHEREAS, pursuant to said Policy, the City Council
identified certain areas for which it desired to initiate annexation
proceedings in order to bring said territories, including the areas
that are the subject of this Ordinance, into the City limits; and
WHEREAS, following written and published notice given
in accordance with state law, the City Council conducted two public
hearings on the proposed annexation of these properties on April 24,
2007 and May 8, 2007; and
WHEREAS, all of the herein-described properties lie
within the Bastrop County jurisdiction but are predominately surrounded
by the city limits of the City of Bastrop, Texas and are not within
any incorporated area; and
WHEREAS, the herein-described properties lie adjacent
and contiguous to the City of Bastrop, Texas; and
WHEREAS, all prerequisites for annexation of the
herein-described properties as set forth in state law and the City
Charter have been complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP, TEXAS:
Section 1. That the City Council hereby finds that:
A. Notice of two
public hearings concerning annexation of the territories described
in "Exhibit A" was mailed as required by law; published
in newspaper of general circulation in the City of Bastrop;
and posted on the City's internet website.
B. The Public hearings were held on April 24, 2007 at 7:30
p.m., and May 8, 2007, at 7:30 p.m. at the City Council Chambers
of City Hall, 904 Main Street, 78602, Bastrop, Texas.
C. The public hearings were concluded after providing an opportunity
for all persons present to be heard with respect to the proposed
annexation, a proposed Service Plan was made available and
explained at the public hearings as required by law.
D. The annexation of the territories described in "Exhibit
A" serves the interest of the current and future residents
of the City of Bastrop.
E. All procedural requirements imposed by state law for full
purpose annexation of the territories described in "Exhibit
A" have been met.
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Section
2. The present boundary limits of the City of Bastrop are
amended to include the following territories, which are within the
extraterritorial jurisdiction, not part of the incorporated area of
any jurisdiction, and adjacent to the city limits of the City of Bastrop,
Texas in Bastrop County, Texas, annexed into the City for full purposes:
Parcel 1A/B
A 31.2 acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 31.2 acres of land more or less, being more particularly
described in "Exhibit A" and shown on "Exhibit B"
which are attached hereto and incorporated herein by reference for
all purposes as if set forth in full;
Parcel 1C
A 8.299 acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 8.299 acres of land, more or less, being more particularly
described in "Exhibit A" and shown on "Exhibit B"
which are attached hereto and incorporated herein by reference for
all purposes as if set forth in full;
Parcel 1D
A 0.20 of an acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 0.20 of an acre of land, more or less, being more
particularly described in "Exhibit A" and shown on "Exhibit
B" which are attached hereto and incorporated herein by reference
for all purposes as if set forth in full;
Parcel 2
A 18.0 acre tract of land which legally may be generally described
as the Colorado River, the said 18.0 acres of land/river, more or
less, being more particularly described in "Exhibit A,"
and shown on "Exhibit B" which are attached hereto and incorporated
herein by reference for all purposes as if set forth in full;
Parcel 3
A 7.0 acre tract of land which legally may be generally described
as the Colorado River, the said 7.0 acres of land/river, more or less,
being more particularly described in "Exhibit A," and shown
on "Exhibit B" which are attached hereto and incorporated
herein by reference for all purposes as if set forth in full;
Parcel 4A/B
A 24.198 acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 24.198 acres of land, more or less, being more particularly
described in "Exhibit A" and shown on "Exhibit B"
which are attached hereto and incorporated herein by reference for
all purposes as if set forth in full;
Parcel 4C
A 0.017 of an acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 0.017 of an acre of land, more or less, being more
particularly described in "Exhibit A" and shown on "Exhibit
B" which are attached hereto and incorporated herein by reference
for all purposes as if set forth in full;
Parcel 5/6
A 105.06 acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 105.06 acres of land, more or less, being more particularly
described in "Exhibit A" and shown on "Exhibit B"
which are attached hereto and incorporated herein by reference for
all purposes as if set forth in full;
Parcel 7
A 1.60 acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 1.60 acres of land, more or less, being more particularly
described in "Exhibit A," and shown on "Exhibit B"
which are attached hereto and incorporated herein by reference for
all purposes as if set forth in full;
Section 3. The Service Plan attached hereto as 'Exhibit
C" is approved as the Service Plan for these areas.
Section 4. The City Council declares that its purpose
is to annex to the City of Bastrop each part of the areas described
in "Exhibit A" as provided in this ordinance, whether any
other part of the described areas are effectively annexed to the City.
If this ordinance is held invalid as to any part of the areas annexed
to the City of Bastrop, that invalidity does not affect the effectiveness
of this ordinance as to the remainder of the areas.
Section 5. All ordinances and resolutions, or parts
of ordinances and resolutions, in conflict with this Ordinance are
hereby repealed, and are no longer of any force and effect.
Section 6. The Mayor is hereby authorized to sign
this ordinance and the City Secretary to attest. This Ordinance shall
become effective and be in full force and effect in (10) ten days
on and after publication in accordance with the provisions of the
Charter of the City of Bastrop.
Section 7. This Ordinance shall become effective
in accordance with applicable law.
Passed and Approved on First Reading on the 22nd day of May 2007.
Passed and Approved on Second Reading on the 12th day of June 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
