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HomeMy WebLinkAboutO-3000-3-11 RESOLUTION NO.3000-3-11(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT WITH THE TOWN OF FAIRVIEW, TEXAS, RELATING TO REDUCING THE CITY OF ALLEN'S EXTRATERRITORIAL JURISDICTION ON THE CONDITION THAT THE TOWN OF FAIRVIEW ANNEX THE AREA OF THE LOVEJOY ISD ADMINSTRATION BUILDING AND THE CARRIE L. LOVEJOY ELEMENTARY SCHOOL; PROVIDING FOR THE MUTUAL ADJUSTMENT OF THE BOUNDARIES OF THE CITY OF ALLEN AND THE TOWN OF FAIRVIEW FOR AN AREA THAT IS LESS THAN 1,000 FEET IN WIDTH; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Amended and Restated Interlocal Agreement by and between the City of Allen, Texas, and the Town of Fairview, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (herein called "Agreement") regarding the reduction of the City's extraterritorial jurisdiction to exclude the property on which are located the Lovejoy ISD administration building and Carrie L. Lovejoy Elementary School provided the Town of Fairview annexes said area into its Town limits and to provide for the mutual adjustment of the boundaries of the City of Allen and the Town of Fairview that is less than 1,000 feet in width; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council finds that the terms and conditions thereof are found to be acceptable and in the best interests of the City of Allen and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,THAT: SECTION 1. The Agreement is hereby approved, and the City Manager, or designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in Exhibit"A,"hereto. SECTION 2. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,ON THIS THE 22ND DAY OF MARCH,2011. APPROVED: e Stephen errell,MAYOR ATTEST: 111 Shelley B. rge,TRMC,C TY SECRETARY • STATE OF TEXAS § AMENDED AND STATED § INTERLOCAL COOPERATION AGREEMENT COUNTY OF COLLIN This Amended and Restated Interlocal.Cooperation Agreement is made by and between : the City of Allen; Collin County,..Texas ("Allen") and :the ToWni of Fairview ("Fairview"): (collectively the "Parties"), acting by and through their authorized representatives: RECITALS:. WHEREAS, Fairview and Allen are adjacent municipalities;and WHEREAS, the Parties previously entered into that certain Interlocal Cooperation Agreement dated December 14, 2010 (the "Original Agreement"); and WHEREAS, the Lovejoy Independent School District has requested Fairview annex the area on which the Lovejoy Administration Building and the Carrie L. Lovejoy Elementary School, which are partly located within the Allen extra territorial jurisdiction, as described in Exhibit "A" attached hereto (the "Allen ETJ Area",) and which are partly located with the Allen city limits, as described in Exhibit "B", attached hereto (the "Allen Property"), be annexed by Fairview into the town limits of Fairview (collectively the Allen ETJ Area and the Allen Area called the "Property") ; and WHEREAS, the Allen Property'is less than 1,000 feet in width; and WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth herein to amend the boundary description of the Allen ETJ Area to be released to Fairview for annexation, and to provide for the mutual adjustment of the adjoining boundaries of the Parties following the annexation of the Allen ETJ Area; and WHEREAS, Parties desire the Property be annexed into Fairview; and WHEREAS, Allen and Fairview have determined it is in the best interest of the Parties that the Property be annexed into the town limits of Fairview; and WHEREAS, the governing bodies of both Fairview and Allen have authorized this Agreement; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, specifically authorizes local governments to contract for the provision of governmental services; NOW, THEREFORE, in exchange.for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: • Page 1 Amended and Restated Interlocal Cooperation Agreement . City of Allen and Town of Fairview April 5,2011 • Article I Purpose The purpose of this Agreement is to express the intent of the Parties to make mutually agreeable changes to their respective boundaries. In order to accomplish this purpose, Allen agrees to reduce and release a portion of Alien's extraterritorial jurisdiction in accordance with Tex. Loc.: Govt. Code §42.023 in order to allow Fairview to annex such area into the town limits of Fairview,and to provide for the mutual adjustment of the adjoining boundaries of the Parties following the annexation of the Allen ETJ Area pursuant to Tex. Lo.c. Gov. Code, §43.031, to incorporate the Allen Property into the city limits of Fairview. Article II Term 2.1 The term of this Agreement shall commence on the last date of execution hereof (the "Effective Date") and, except for those provisions that expressly survive termination, shall terminate_upon the earlier of: (a) one (1) year; or (b) the date of completion of annexation proceedings for the Property, unless sooner terminated as provided herein. 2.2 This Agreement may be terminated by either Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof in accordance with this Agreement. Article III Release of ETJ; Annexation of the Property; Other Services 3.1 Allen does hereby agree to approve a resolution or ordinance reducing its extraterritorial jurisdiction with respect to that certain tract of land described in Exhibit "A" (the "Allen ETJ Area") in favor of Fairview. It is expressly agreed and understood that this reduction shall operate only in favor of Fairview, and shall not constitute a waiver of any right or a reduction of any extraterritorial jurisdiction which Allen may assert against any other municipality. It is further understood that the waiver and release is conditional and shall terminate if Fairview has not completed the annexation of the Allen ETJ Area as contemplated by Section 3.2. 3.2 Fairview agrees that it will proceed in the manner authorized by law to annex the Allen ETJ, and to cause the completion of such annexation proceedings for the Allen ETJ.to occur within one hundred twenty.(120) days after the Effective Date of the Original Agreement. 3.3 - The Parties acknowledge and agree that the resolution or ordinance approved by Allen pursuant to Tex. Loc. Govt. Code §42.023 reducing its extraterritorial jurisdiction relating to the Allen ETJ as provided in Section 3.1 shall not be effective until the effective date of the Page 2 Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview April 5,2011 • ordinance:approved by Fairview annexing the ETJ as provided'in Section 3.2 above, at which time the affected boundaries of Parties shall be adjusted accordingly: .. :3.4 It is acknowledged by the Parties that Allen is.providing water and sanitary sewer . .. service to the Lovejoy ISD Administration Building and the Carrie L. Lovejoy Elementary School located on the Property as of the Effective Date prior agreements between Allen:and Lovejoy ISD. .Notwithstanding the annexation of .the.Property into Fairview's town limits _. pursuant.to this Agreement; the Parties agree that Allen may and will continue to provide such water and sanitary sewer service pursuant to the provisions of such prior agreements until such time as Fairview has extended its water distribution and sanitary sewer collection system to within:such proximity to the Property so as to be able to provide:both water and sanitary sewer service to the Property.. Fairview shall provide Allen prior:written notice of the date Fairview will commence providing both water and sanitary:sewer, respectively, to the Property not later than sixty(60) days prior to said commencement date. 3.5 Allen does hereby grant; relinquish and apportion unto Fairview all land that is less than 1,000.feet in width described in Exhibit "B" upon the completion of the annexation proceedings by Fairview for the annexation of the Allen ETJ Area and following the effective date of the ordinance approved by Fairview annexing the Allen ETJ Area as provided in Section 3.2 above. Subject to, and following such events, the Parties, pursuant to Tex. Loc. Gov. Code, §43.031, mutually agree that the adjoining boundaries of Parties are adjusted to incorporate the Allen Property into the city limits of Fairview, at which time the affected boundaries of the Parties are adjusted accordingly. Article IV • Miscellaneous 4.1 Notices. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified • mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for the City of Allen: Attn: City Manager City of Allen, Texas 305 Century Parkway Allen, Texas 75013 With a copy to: Peter G. Smith Nichols, Jackson,.Dillard, Hager and Smith, L.L.P. 500 North Akard, Suite 1800 Dallas, Texas 75201 . . Page 3 Amended and Restated Interlocal Cooperation Agreement. . City of Allen and Town of Fairview April 5,2011 If intended for the Town of Fairview: Attn:-Town Manager Town of Fairview,;Texas 372 Town Place Fairview, Texas 75069 4.2 Authorization. Each party represents that it has full capacity. and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 4.3:: Entire Agreement. This Agreement is the entire agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 4.4 Recitals. The recitals to this Agreement are incorporated herein. 4.5 Governing Law. This Agreement is governed by the laws of the State of Texas, and venue for any action shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 4.6 Amendment. This Agreement may be amended by the mutual agreement of the parties to it, in writing and attached to and incorporated in this Agreement. 4.7 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 4.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. (Signature Page to Follow) Page 4 Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview April 5,.2011 EXECUTED on this /9e" day of +1';) = 2011. CITY OF ALLEN,TEXAS By: .. Peter H. rgas,Ci Manager Approved as to Form: . By: Peter G. Smith, City Attorney EXECUTED on this 6th day of April, 2011. TOWN OF FAIRVIEW,TEXAS By: ohn odwin, Town Manager Approved as to Form: By: Th Attorney Page 5 Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview April 5,2011 . EXHIBIT 'A' Description of Allen ETJ Area Being a 8.80 acre tract of land situated in the Gabriel Fitzhugh 640 acre Survey, Abstract No. 318, and the George Fitzhugh 398 acre Survey, Abstract No. 320, Collin County, Texas, being all that certain tract of land described in deed to the Trustees of Lovejoy Common School District No. 32, as recorded in Volume 234, Page 368, Deed Records of Collin County, all that certain tract of land described in deed to the Trustees of Lovejoy School District No. 32, as recorded in Volume 232, Page 640, said Deed Records, all that certain tract of land described in deed to the Trustees of the Lovejoy Independent School District, as recorded in Book 2051, Page 94, said Deed Records, all that certain tract of land described in deed to Lovejoy Independent School District, as recorded in Instrument No. 99-0005051, said Deed Records, and the remainder of that certain tract of land described in deed to the Trustees of the Lovejoy Common School District, as recorded in Volume 880, Page 203, said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2-inch iron rod at the northeast corner of Lot 30, Block D, of Country Brook Estates, Phase I, an addition to the City of Allen, according to the plat recorded in Volume L, Page 428, Map Records of Collin County, said iron rod being on the most southerly south line of Lot 1, Block A, of Creekwood Addition, an addition to the Town of Fairview, according to the plat recorded in Instrument No. 20071114010004050, said Map Records, being on the north line of said Lovejoy tract(880/203), and being the most westerly northwest corner of the herein described tract; THENCE South 89° 56' 42"" East, a distance of 527.34 feet along the common line of said Lovejoy tract (880/203) and Lot 1 to the common corner of said Lovejoy tract (880/203) and aforesaid Lovejoy tracts (232/640 & 234/368), being the most westerly southeast corner of said Lot 1 and a re-entrant corner of this tract; THENCE North 12° 01' 48"" West, a distance of 226.91 feet along the common line of said Lovejoy tract (234/368) and Lot 1 to a found 5/8-inch iron rod at the most northerly northwest corner of this tract; THENCE North 77° 35' 21"" East, continuing along said common line, passing the most southerly east line of the aforementioned Abstract No. 320 and west line of Abstract No. 318 at an approximate distance of 230 feet, passing the most easterly southeast corner of said Lot 1 at a distance of 278.35 feet and continuing a total distance of 330.00 feet to the northeast corner of said Lovejoy tract(234/368), being in Country Club Road; THENCE South 12° 29' 00"" East, a distance of 526.33 feet along said Country Club Road to the southeast corner of aforesaid Lovejoy tract(232/640); THENCE South 77° 35' 21"" West, a distance of 43.70 feet to the northeast corner of aforesaid Lovejoy tract(2051/94),being on the southwest line of said Country Club Road; Page 1 Exhibit"A" to Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview(#46370) THENCE South 12° 29' 00"" East, a distance of 130.42 feet along said southwest line to the southeast corner of aforesaid Lovejoy tract(95-0083288); THENCE North 86° 49' 45"" West, passing the northeast corner of aforesaid Country Brook Estates at a distance of 10.40 feet and continuing a total distance of 903.00 feet to the Westerly east line of said Country Brook Estates; THENCE North, a distance of 308.33 feet along the most westerly east line of said Country Brook Estates to the POINT OF BEGINNING and containing 383,320 square feet or 8.80 acres of land. THE BEARINGS FOR THIS SURVEY ARE BASED ON THE PLAT RECORDED IN VOLUME L,PAGE 428, M.R.C.C.T. Page 2 Exhibit"A" to Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview(#46370) Exhibit"B" Description of Allen Property SITUATED in the State of Texas, County of Collin and Town of Fairview, being part of the Gabe Fitzhugh Survey, Abstract No. 320 and the George Fitzhugh Survey, Abstract No. 318, being part of a 68.198 acre tract out of a called 84.84 acre tract recorded in Volume 404, Page 25 of the Collin County Deed Records with said premises being more particularly described by metes and bounds as follows: COMMENCING FOR REFERENCE at a '/2-inch iron rod found marking the southwest corner of a Lovejoy School 6 acre and 0.568 acre tract of land recorded in Volume 880, Page 203 and County Clerk No. 95-0083288 of the Collin County Deed Records; THENCE with a north line of said 68.198 acre tract and the south line of said Lovejoy School 0.568 acre tract, South 86' 49' 45" East, 294.79 feet to the PRINCIPAL PLACE OF BEGINNING of the premises herein described; THENCE continuing with a north line of said 68.198 acre tract and the south line of Lovejoy School 0.568 acre tract, South 86' 49' 45"East, 877.62 feet to the northeast corner of said premises; THENCE with a southeast line of said premises, South 48' 10' 15" West, 190.42 feet to a point in a curve marking the southeast corner of said premises; THENCE northwesterly along a curve to the left, having a central angle of 45' 00' 00 with a radius of 50.00 feet, for an arc distance of 39.27 feet(chord=North 64' 19; 45" West, 38.27 feet)to the end of said curve; THENCE with the south line of said premises, North 86' 49' 45" West, 700.97 feet to the southwest corner of said premises; THENCE with the west line of said premises, North, 120.18 feet to the principal place of beginning and containing 97,983 square feet or 2.249 acres of land. Page 1 Exhibit"B" to Amended and Restated Interlocal Cooperation Agreement City of Allen and Town of Fairview(#46370) TOWN OF FAIRVIEW,TEXAS ORDINANCE NO:2011-6-7A AN ORDINANCE.OF THE TOWN OF FAIRVIEW, TEXAS, ANNEXING..OF CERTAIN .TERRITORY CONTIGUOUS TO: AND ADJOINING THE TOWN: OF FAIRVIEW, TEXAS,:TO WIT: 'BEING A CERTAIN:TRACT OR PARCEL:OF LAND SITUATED IN COLLIN COUNTY TEXAS,CONSISTING OF 11.05± ACRES WITHIN THE TOWN OF FAIRVIEW ETJ, WEST OF AND ADJACENT TO COUNTRY CLUB ROAD (FM 1378), SOUTH OF STACY ROAD; AND EAST OF MOSSBROOK LANE,. .. AND;BEING MORE PARTICULARLY .DESCRIBED I3Y METES AND:BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, SUCH TRACT LOCATED AT 256.AND 259 COUNTRY CLUB ROAD,(FM 1378);.FAIRVIEW TEXAS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDING ..OF:THE OFFICIAL-TOWN MAP; ADOPTING A SERVICE PLAN; REQUIRING THE FILING OF:: .THIS ORDINANCE WITH _ THE ::COLLIN : COUNTY CLERK; RESCRIBING FOR EFFECT.ON TERRITORY, GRANTING AS.APPROPRIATE TO ALL : :Till? 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 THE TOWN OF FAIRVIEW; TEXAS, PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the Town of Fairview is a:Home Rule Mun ci ali located, in Collin p tY County, Texas, created in accordance with the provisions of the Texas Local Government Code :and operating:pursuant to the enabling legislation of the State of Texas:and the Fairview Town Charter; and WHEREAS,:two separate public hearings were conducted in accordance with Section 43.052 of the Texas Local Governirient Code, being held on February 10,.2011.at Town Hall.in. ... the Town of Fairview to :consider the annexation of the properties being more particularly described in Exhibit"A", attached hereto and incor orated herein; and WHEREAS any and all required.:written notices and.offers were timely sent:to all property.owners and others entitled to same;.and WHEREAS, the public hearings were conducted and held no More than forty (40) days nor less than twenty (20)days prior to the institution of annexation proceedings; and:. WHEREAS, :the notice of hearing was published:in the McKinney Courier Gazette, a gene newspaper g .. .er ofgeneral circulation within the Town of: Fairview, Texas; on. .:the 14`1' day..of. ... February;201.1, such gate:being riot more than twenty(20) days nor:iess than ten(19)-days prior to each.public hearing; and.. Annexation of Lovejoy ISO Admin.Building Ord.2011-6-7A page'A :WHEREAS, all regi fired statutory notices pursuant to.Chapter 43 of the Texas .Local Government Code have been accomplished; and . . WHEREAS,the Town Council of the Town of Fairview,.Texas has determined that sitch territory is Contiguous to and adjoins the Town of Fairview, Texas; and WHEREAS, the Town Council of the Town of Fairview, Texas.has investigated into, has determined and officially finds that rio_part of such territory is within the :extraterritorial • jurisdiction of any other incorporated Town or town; and • WHEREAS, to the extent that this Ordinance would cause an unincorporated area to be entirely surrounded by the Town of Fairview's.limits, the Town Council has found—and incorporates herein:its finding=that surrounding the area is in the public interest;:and WHEREAS, metes and bounds descriptions of the property to be annexed:is attached hereto as Exhibit"A"'and incorporated.herein for all purposes, and . WHEREAS, the service plan for:such territory is attached hereto as Exhibit "B" and incorporated herein for all:-purposes. . . NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF:THE TOWN OF FAIRVIEW,-TEXAS,THAT: : . . . 'SECTION'1 • . INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are.incorporated herein-and made a part hereof for all purposes: SECTION 2.. OFFICIAL TOWN MAP AMENDED 1. The:official map and:boundaries of the Town are hereby amended so as:to mclude the property being More particularly described in Exhibit czA", which is incorporated herein as if written word for word,and that such territory shall be and is hereby annexed into the : corporate limits of the:Town. .. . ;2. The Town:-Manager is hereb y and':authorized to. y directedperform or cause to be performed all acts necessary to correct the official map of the Town; to add the territory. ... hereby annexed:as required by law.. Annexation of Lovejoy.ISD Admin. Building Ord.,2011-6-7A .,. Page:2.. . ... SECTION 3 SERVICE PLAN.. • The municipal service plan for the herein annexed territory, attached hereto as Exhibit.B, was submitted in accordance with Chapter 43 of the Texas:Local 'Government Code 'and is herebY•approved as part of this ordinance, and is made a part hereof. SECTION 4 FILING OF ORDINANCE REQUIRED The:Town Manager shall file or cause:to:be filed a certified copy of this Ordinance in the office of the County Clerk of Collin County, Texas, and any other necessary agencies; including the United States:Department of Justice. • SECTION 5 EFFECT ON TERRITORY From 'and after the passage of this Ordinance,'the territory referenced in.Exhibit "A"-, attached hereto and incorporated herein for:all purposes, shall be apart of the Town of Fairview, Texas,•and subject to:the municipal service plan referenced:in Section 3 of this Ordinance the : inhabitants thereof shall be entitled to all of the rights,' privileges and immunities as all other citizens of:the Town of Fairview, Texas, and::shall lie bound:by all of the Ordinances and regulations enacted pursuant to and in conformity with the general laws of the State of Texas. SECTION 6 CUMULATIVE REPEALER This Ordinance shall be cumulative of all:other Ordinances and shall-not repeal any_of the provisions of such Ordinances except for those instances where there are direct conflicts with the .. provisions of this-Ordinance. Ordinances, or parts thereof,:in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance.: . SECTION 7. . . SEVERABILITY . If any..section,;article, paragraph,.sentence, clause phiase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a:Court of conipeterit jurisdiction,such holding shall not affectthe validity of the remaining portions of . the Ordinance; and the Town:Council hereby declares it would have .passed such remaining : portions of the Ordinance despite such invalidity, which remaining portions shall remain in full orce and.effect. - • Annexation of Lovejoy ISD Admin.Building .., Ord..2011-6-7A Page.3 . ... SECTION 8 ENGROSSMENT AND ENROLLMENT The,Town Secretary..of the Town of.Fairview is hereby directed to engross and enroll this. . . : Ordinance by copying:the Caption in the minutes of the Town Council of the Town of Fairview and by filing this Ordinance in the Ordinance records of the Town. SECTION 9 .. .. EFFECTIVE RATE This Ordinance shall be in full;force and effect from and after its date of passage, AND IT IS SO ORDAINED. DULY PASSED AND APPROVED BY THE TOWN COUNCIL,OF THE TOWN OF=FAIRVIEW,TEXAS on this 7th day of June;2011. 0 " " f . . f •�; itn Israeloff,Mayor d !•• -,� ) Town of Fairview AT.TEST: : ,\4: • * APPROVED AS TO FORM: • Michelle Lewis Sirianni,Town Secretary Clark McCoy;Town A orney ' • Annexation of Lovejoy ISD Admin. Building Ord:2011-6-7A Page 4 TOWN OF FAIRVIEW SERVICE PLAN 2011 ANNEXATION . I. ANNEXED AREA Attached Exhibit A II INTRODUCTION This service plan has been prepared in accordance with the.Texas Local Government Code Sections 43.021, 43.065 and 43.056(b)-(o).(Vernon 2010).. Municipal facilities • and services to the annexed areas described above (":Annexed Area") will be provided or made available 'on behalf of the Town of Fairview in accordance with the following service plan. The Town of Fairview shall provide the Annexed Area the levels of services infrastructure, and-infrastructure maintenance:that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the Town:o. Fairview with similar topography,land use, and population density. III. AD VALOREM(PROPERTY OWNER)TAX SERVICES Police Protection :Police protection from the.Town of Fairview Police Department shall be provided to the Annexed Area at a level consistent with current methods and procedures presently provided to similar areas on the effective:date of the ordinance. •-Some of these services.include: Normal patrol and responses;_ Handling of complains and:incident reports; Special units, such as traffic enforcement and investigations; and Coordination with other public:safety support agencies. As development:comniences,in these areas, sufficient police protection,including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography; land utilization . and population density of the areas. Upon ultimate development,police protection will be provided at a level . . consistent with other similarly situated:areas:within the Town limits. B. Fire Protection The Fairview Fire Department will provide emergency and-fire prevention services to the Annexed Area: These services include: 1. Fire.suppression and rescue;. Annexation of Love o ISD Admin.Building J Y . . Ord 2011-6-7A . . Page 5 .. . ... 2_. Pre-hospital medical services including triage,treatment and transport by Advanced Life Support(ALS)fire engines,trucks and• .. ambulances; 3:.: .: Hazardous materials response and 4. Emergency prevention and public education efforts; 5. Technical rescue response;and 6. Construction Plan Review and required inspections: Fire protection from the Town of Fairview shall be provided to the Annexed Area at a level consistent with current,methods and procedures presently provided to .similar areas of the Town of Fairview on the effective date of the ordinance. As development.commences in:these areas, sufficient, fire protection,.including personnel and equipment will be provided to furnish these areas with the level of : :. services consistent.With the characteristics of topography,: land utilization:and p ,,density population: ty 'of Elie areas: It is anticipated that fire stations; planned to service areas currently with the Town of Fairview will be sufficient.to serve areas now:being considered for annexation.:: Upon ultimate development,:fire protection will be provided at'a level.consistent with.similarly situated areas within the Town limits: C. Emergency Medical Services. The Fairview Fire Department will'provide emergency and safety services to the.Annexed - . Area. These services include; 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. :Pre-hospital; emergency Advanced` Life Support w (ALS) response;: and transport; and 3. Medical rescue services: : Emergency Medical.Services(EMS) from the'Town of Fairview shall be provided to the Annexed :Area at a level consistent with .current methods and:procedures presently_provided to similar.areas of the Town of Fairview on the effective date of the ordinance. .. . As development,commences in these areas, sufficient EMS, including:personnel and equipment will he provided to furnish these areas with the level of services. . Annexation of Lovejoy 1S;D Admin. Building . Ord:.2011-6-7A rage 6 consistent:with the characteristics of topography,:land utilization and population ensity of the areas: : Upon ultimate :development,.EMS: will be provided at a level consistent with similarly situated areas within.the Town limits. • D. . Solid Waste . Solid Waste and RecyclingCollection Services will be provided to.the Annexed • Area immediately::upon the effective .date of the annexation at a level consistent: with current methods and procedures presently provided to similar areas within the ToWn. . Private solid :waste collection service; providers operating:in the Annexed Area immediatel iior-to annexation and,currentl.y p'` ... . y providing customers • with service may:continue to provide:their existing service for up.to two (2) years hi accordance.with Texas Local Governriient Code. Wastewater Facilities Publicly provided:wastewater service is.currently not available or needed in:the . Annexed Area. By adopting'this.Service Plan,_.the:Town Council of the Town of Fairview.Texas, has determined that given the current rural state of the Annexed • Area, its land use; •its .population density, and its::expected potential: for development over the next ten (10) years,.•there,is no need to construct:capital improvements. If development;of the type that warrants•wastewater=related capital • improvements'commences into or nearby t1ie:Annexed Area,the-appropria.te,level: :of wastewater service will be extended:in accordance with:the provisions of.the- .. Town's:codes, ordinances,policies, and other regulations. F. Water Facilities :: . Publicly•provided water service: is currently •not available or needed:.in 'the Annexed Area. By adopting this Service Plan,the Town Council of the Town of - Fairview, Texas, has determined that given the current rural state of the Annexed: Area, its land use, and its population: density, and its expected potential for . : development over the next-,.:ten:(10) years, there is no: need to construct capital • improvements: If„development of the..type that•waix ants. water-related capital improvements commences into or nearby the Annexed Area,the appropriate level' of water:• services will be :,extended in •accordance:.with the Town's:.codes; • ordinances;policies,and other.regulations. G. •Road and Streets . Emergency street maintenance shall:be provided within the Annexed Area:on the • . • • effective date of the: applicable ordinance..of acceptance.. Routine maintenance.. will be provided within the Annexed Area and will be scheduled as part of,the• . annual program and ir. .accordance. with :the cu rent policies 'and procedures:defined by the ordinance and/or as established by the Town Council. Annexation of Lovejoy•ISDAdmin, Buildin Ord:2011-6-7A . . g .. Page. . . .. . Any construction or reconstruction will be done in accordance with the provisions of the.Town's codes,ordinances and regulations. • . i Roadway signage and associated posts will be replaced'in priority of importance starting with regulatory signs,then warning signs,then informational Signs-and in. : conformance with fiscal allotments by the Town Council::If a sign remains,it.• - will be reviewed and placed-on the Town's inventory.listed for routine re- ; placement.: All existing signs will be reviewed for applicability and based.upon an engineering study: New signs will be installed when necessary and based upon an engineering.study:. Routine maintenance of roadlstreet markings will be placed on a priority listing • and:scheduled within the yearly budgetary allotments by the Town Council. : : :H. Parks,Playgrounds,Swimming Pools • Residents within the Annexed Area'may utilize iall existing park and recreation • facilities,on the effective date of this ordinance. Fees for such usage shall be in. . accordance with current fees established'by ordinance. - v As development.commences in.the Annexed Area,additional park and recreation. . . • - facilities hall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication Ordinance: The general:planned locations and classifications. of parks will ultimately serve residents from the :current Town limits and:residents from areas being considered for annexation,: _ : :_ :- T.: Publicly_Owned Facilities .. Any publicly owned facilityb, uilding, or service located within the Annexed Area, and not otherwise owned'or maintained by another governmental entity, • shall be maintained.by the Town of Fairview on the effective date of the annexation.ordinance. • J. ::Other services Other services that may be provided by the Town of Fairview, such as municipal' and. general administration':will :be made available on the . . : effective date of the annexation. The Town of Fairview=shall:provide '.. . .. levels of Ser\iCe, infrastructure; and infrastructure. maintenance that are :.. . .. . comparable to .the levels of services, infrastructure, and. infrastructure :maintenance available in other parts of the Town of Fairview with similar .- Annexation.of Lovejoy TSD-Admin.Building Ord.2011=6-7A Page 8 • topography, land use, and population density similar to those reasonably .. contemplated or projected in the Annexed Area. N.. : LEVEL-OF SERVICES • Nothing in this Service Plan shall:require the Town of Fairview to provide a:uniform • .level of full municipal services to each area of.the.Town, including the Annexed Area, if • different characteristics of topography, land-use, and population density are considered'a sufficient basis for. provided different levels of service. Because of: the :.differing characteristics of topography, land:utilization and population density, the:service levels which may ultimately be provided in the Annexed Area may differ somewhat:from services provided other: areas .of the Town of Fairview, Texas..These differences are specifically dictated because of differing;characteristics of the property:and the Town of Fairview, Texas will undertake to perform_consistent With this contract so as to provide the;Annexed Area with the same type, kind and quality of service presently enjoyed by the citizens of the-Town of Fairview, Texas who reside inareas'of similar topography; land utilization and population. Generally, the Town policy„for provision of services is to determine appropriate level of:services on:an as-re basis: q 'uired typically at the time that development applications or subdivision plats.are submitted to..the Town in accordance with the Town's:subdivision and development ordinances-and in accordance with the Town's ordinances; demand-based rules, regulations, and policies for the-,expansion and: extension of infrastructure in other areas of the municipality.with similar topography, • land use and population density. By approving this service plain;the Town Council,of the Town of Fairview, Texas, finds ri and determines that this.service plan will not:provide any fewer services, and it will not . provide a lower level of service.in the. Annexed Area than were in: existence in the Annexed:Area at•the time immediately preceding the annexation process. V. :CAPITAL IMPROVEMENT:PROGRAM The:Town policy for constructing any required capital improvements:is to determine the • =.. . .. . need..for ..such improvements on an as-required basis—typically at the, time that development:applications or subdivision plats are submitted to the Town in accordance • with:.the.Town's subdivision and development ordinances—and:in:accordance with the:. Town's ordinances, demand-based rules, regulations, and policies for the expansioi arid • extension of infrastructure in other areas of the municipality with similar. topography, land use and population density: TO the:extent that capital improvements are identified and:determined by the Town under this seivice:plan to be necessary to:serve the Annexed : Area, such improvements shall be.constructed within:4,5.years after:the.effective date of annexation, or.as said period may be extended in i ace ordance with Chapter 43 of the Texas Local bovernment Cod Landowners may be required to find capital improvements:necessary to provide service : Annexation of Lovejoy.ISD Admin.Building - Ord:2011-6-7A . Page 9 in manner consistent with law: Nothing in this service plan shall;be interpreted to require a landowner within the Annexed Area:to.fund capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Goverrunent Code, unless otherwise:agreed:to by the landowrier-(s) of the Annexed Area. VI. TERM This Service Plan shall be valid for a term of ten(10) years. Renewal of the Service Plan shall e at the:discretion of the Town Council. AMENDMENTS . This Service Plan may be amended if the Town Council determines:at a public hearing that - changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The.Town Council may amend the Service Plan to conform to the change&conditions or subsequent occurrences pursuant:CO Texas Local Government Code,Section•43.056. Annexation of Lovejo ISD Admin..BuildingPage 10 J y .. . 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