O-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
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Filed and•Recorded,
• •: Official :Public"Reoords
.. Clerk .� ..
me, Cou
. 7EXRSC1.
;_.,Stacey Ke
f. CGo:11 in Collin-County,Y
57.32
'' (56lOgl2011 10 :qM
1 $64.00 BNOPP.
20i10608000589230
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