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 1) COMPRISED OF A 0.35 (+/-)
ACRE TRACT OF LAND, OUT OF THE NANCY BLAKEY SURVEY, ABSTRACT NO. 98;
(PARCEL 2) COMPRISED OF A 1.736 (+/-) ACRE TRACT GENERALLY KNOWN AS
735 OLD AUSTIN HIGHWAY; (PARCEL 3) COMPRISED OF FIVE TRACTS INCLUDING
A 0.783 (+/-) ACRE TRACT GENERALLY KNOWN AS MH PARK HIGHWAY 71, AND
A 0.384 (+/-) ACRE TRACT GENERALLY KNOWN AS 521 HIGHWAY 71, AND A 0.83(+/-)
ACRE TRACT GENERALLY KNOWN AS 360 AND 519 W. HIGHWAY 71, AND A 2.0 (+/-)
ACRE TRACT GENERALLY KNOWN AS 287 OLD AUSTIN HIGHWAY [INCLUDING SPECIFIC
CONDITIONS FOR FUTURE USE], AND A 3.206 (+/-) ACRE TRACT GENERALLY KNOWN
AS HIGHWAY 71 W. COMMERCIAL; (PARCEL 4) COMPRISED OF TWO TRACTS INCLUDING
A 1.599(+/1) ACRE TRACT GENERALLY KNOWN AS 514 OLD AUSTIN HIGHWAY, AND
A 3.446 (+/-) ACRE TRACT GENERALLY KNOWN AS 310 W. HIGHWAY 71; (PARCEL
5) A 1.0125 (+/-) ACRE TRACT GENERALLY KNOWN AS 507 OLD AUSTIN HIGHWAY;
(PARCEL 6) A 12.5 (+/-) ACRE TRACT GENERALLY KNOWN AS 313 W. HIGHWAY
71; (PARCEL 7) A 2.798 (+/-) ACRE TRACT OUT OF THE M. ROUSSEAU SURVEY,
ABSTRACT NO. 56; AND (PARCEL 8) A 2.10(+/-) ACRE TRACT GENERALLY KNOWN
AS 110 OLD AUSTIN HIGHWAY; AS EACH OF THE ABOVE PARCELS IS FULLY DESCRIBED
IN EXHIBIT A 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 providing certain, specific conditions for
future use of specified tracts, as allowed by the Texas Local Government
Code, Section 43.002, et seq.; 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 May 9, 2006 and May 16, 2006; and
WHEREAS, all of
the herein-described properties lie within the Bastrop County jurisdiction
but are 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 May 9, 2006, at 7:30
p.m., and May 16, 2006, at 7:00 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.
|
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 and including any below stated
special conditions for future use, as applicable to certain
tracts only:
|
Parcel 1
|
A 0.35 acre tract
of land out of the Nancy Blakey Survey, Abstract No. 98,
the said 0.35 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 2
|
A 1.736 acre
tract of land out of the Nancy Blakey Survey, Abstract No.
98, the said 1.736 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 3
|
A 0.783 acre
tract of land out of the Nancy Blakey Survey, Abstract No.
98, the said 0.783 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;
A 0.384 acre tract of land out of the Nancy Blakey Survey,
Abstract No. 98, the said 0.384 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;
A 0.83 acre tract of land out of the Nancy Blakey Survey,
Abstract No. 98, the said 0.83 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,
A 2.0 acre tract
of land out of the Nancy Blakey Survey, Abstract No. 98,
the said 2.0 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 and
with the following specified conditions relating to future
use of this tract as follows:
|
- The commercial
sale of fireworks shall be allowed on this tract until
July 31, 2009, after which date no further sale of fireworks
or similar and related use may continue on this tract;
and
- Any temporary
structure placed upon this tract for use in selling fireworks,
shall be removed from the tract within 15 business days
after each firework season is concluded; and
- Either the
owner of the tract or the occupying tenant on the tract
shall, at a minimum, maintain general premises liability
insurance, in the minimum amount of
- 1,000,000.00,
at all times that the tract is being used for the storage,
display, handling, or sale of fireworks; and
- The insured
party shall provide/produce for inspection documentation
of such insurance coverage to the City, at its request,
until such time as the tract is no longer used for the
sale of fireworks.
|
A 3.206 acre
tract of land out of the Nancy Blakey Survey, Abstract No.
98, the said 3.206 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 4
|
A 1.599 acre
tract of land out of the Nancy Blakey Survey, Abstract No.
98, the said 1.599 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;
A 3.446 acre tract of land out of the Nancy Blakey Survey,
Abstract No. 98, the said 3.446 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 5
|
A 1.0125 acre
tract of land out of the Nancy Blakey Survey, Abstract No.
98, the said 1.0125 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 6
|
A 12.5 acre tract
of land out of the Nancy Blakey Survey, Abstract No. 98,
the said 12.5 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 2.798 acre
tract of land out of the M. Rousseau Survey, Abstract No.
56, said 2.798 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; and
|
Parcel 8
|
A 2.10 acre tract
of land out of the Nancy Blakey Survey, Abstract No. 98,
said 2.10 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 13th day of June 2006.
Passed and Approved on
Second Reading on the 27th day of June 2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
|
