HomeMy WebLinkAboutORD 2007-80 - ANX Airborn & H.B. Longhorn Junct.Ordinance No. _0('0007 w80
An Ordinance of the City Council of the City of Georgetown, Texas, providing for
the extension of certain boundary limits of the City of Georgetown, Texas, and the
annexation of certain territory consisting of 50.62 acres, more or less, in the Lewis
P. Dyches Survey and Francis A. FHudsen Survey, as described. in Exhibit A of this
Ordinance; which said territory lies adjacent to and adjoins the present boundary
limit of the City of Georgetown, Texas and not being a part of any incorporated
area; providing for service plans; repealing conflicting ordinances and resolutions;
including a severability clause; and establishing an effective date.
WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of
said City, Section 1.06, annex areas as allowed by State law; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
WHEREAS, the petition described the area by metes and bounds and was acknowledged in
the manner required for deeds by each person having an interest in the area; and
G.17HEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of the landowner if specific criteria are met; and
WHEREAS, the area proposed for annexation is one-half mile or less in width, are
contiguous to the City limits of the City of Georgetown, and are vacant and without residents or
have fewer than three qualified voters in residence, thus meeting the specific criteria in the State
Statute; and
WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for
initial zoning of newly annexed territory; and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
May 22; 2007 and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on July 10, 2007 and July 24, 2007; and
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of
the City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
Ordinance No, o o Page 1 o'3
Annexation gt'Airborn and H.B. Longhorn Junction
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
11 11111 111 1 1 1111111111,111111111
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following Policy Statements of the Century Plan - Policy Plan Element:
1. Policy
Statement
2.0: The
community enjoys the benefits of well-planned land use in
which
conflicting
needs are
balanced.
2. Policy Statement 2.0: Georgetown "s natural and physical resources are managed so that
citizens enjoy the benefits of economic and social development.
3. Policy StatementS.O: Parks, open space, recreation facilities and services, and social and
cultural activities contribute to an enhanced quality of life for the citizens of Georgetown.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. The City Council of the City of Georgetown hereby annexes: 50.62 acres, more or
less, in the Lewis P. Dvches Survey and Francis A. Hudsen Survey, as described in Exhibit A of this
ordinance, as shown in B of this ordinance. Exhibit C contains the service plan.
Section 3. The 50.62 acres, more or less, in the Lewis P. Dyches Survey and Francis A.
Hudsen Survey, as described in Exhibit A of this ordinance, is included in Cite Council District 1, as
it is adjacent to Council District 1 and no other City Council Districts.
Section 4. 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 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Ordinance No. 4P00740
Annexation of Airborn and H.B. Longhorn. Junction
Page 2 of3
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 Georgetown.
Passed and Approved on First Reading on the 141h day of August, 2007.
Passed and Approved on Second Reading on the 1 day of 1200/.
Attest:
lei
lr
to
Vl
Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
City Attorney
The Cita of Georgetown:
By: Gary# Nelon
Mayor
Ordinance No. 400740 0 Page 3 of 3
Annexation of Airborn and H. B. Longhorn Junction
�=XHIB1T A
C ICHTON A liSSOCI, TES, INC.
LAND SURVEYORS
S
1.07 NORTH LAMPASAS
ROUND ROCK, TEXAS 78664
5I2-244--3395
FIELD NOTES
FIELD NOTES FOR 21.15 ACRES OUT OF THE LEWIS J. DYCHES
SURVEY ABSTRACT NiO, 1511 IN WILLIAMSON COUNTY, TEXAS
BEING A PORTION OF A 122.19 ACRE TRACT CONVEYED TO FfB
LONHORN JUNCTION PHASE III L.L.P IN DOC. NO, 2006074656, OF
TETE WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RE'CORDS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at the South terminus of the centerline of
Blue Ridge
Drive as
dedicated by the plat of Blue
Ridge, Drive, a subdivision recorded in Cab. CC Slide 346 of the
Williamson
County,
Texas Plat Records, also being on
the West line of a 94.1189 acre tract conveyed to Williamson County; Texas in Doc. No. 2001021470 of the
Williamson County, Texas Official Records, also being the Northwest corner of the said 122.19 acre tract for the
Northwest corner of this tract and the POINT OF BEGINNING.
THENCE NT 680 46' 04" E with the North line of said 122.19 acre tract, at 37.50 feet pass the Southwest
corner of Lot I Block A .Project Lonestar Subdivision, a subdivision recorded in Cab. CC Slide 349-351 of the
Williamson County, Texas Plat Records, continuing with the South Line of said Lot 1, in all a distance of 230 L59 feet
to a point being the Northeast corner of this tract, and from which the Southeast corner of said Lot 1 Block A bears N
680 46' 04" E, 4.82 feet
THENCE through the interior of said 122.19 acre tract the following four (4) courses:
1) S 270 48' 55" E. 222.00 feet to apoint.
2) S 480 35' 15" E, 31.92 feet to a point.
3) S 570 41' 09" E, 51.66 feet to a point.
4) S 430 10' 19" E, 564.99 feet to a point on the South line of said 122.19 acre tract also being on the
North line of a 7.277 acre tract conveyed to Celeste Lamberth in Doc. No. 2004064883 of the
Williamson County, Texas Official Records.
THENCE S 68° 27' 48" W, with the South line of said 122. i9 acre tract and the North Iine of said 7.277 acre
tract, a 3.05 acre tract conveyed to Werner Hahn. in Vol. 2338 Pg. 802, a 6.856 acre tract conveyed to J. Standford in
Vol. 1594 Pg. 735 and a 10.09 acre tract conveyed to Nh'illiam Mitchell in Vol. 701 Pg. 823 all of tite Williamson
County; Texas Official Record, 1152.11 feet to a point being the most Southerly Southwest comer of this tract.
THENCE.•, through the interior of said 122.19 acre tract the following three (3) courses:
t) N 21 ° 13' 5)6" W, 820.63 feet to a point.
2) N 66° L.' 56" W, 141.42 teet to a point.
S fib° 46' 04" W, 1326.55 feet to a point on ffie East tine of the saia W;lliamson Counter 94.1 i 89 acre
tract, being the most Westerly Southwest corner of this tract.
TH.PNCE N 21 ° 15' 2?" W, with the East Line of the said Williamson Coant.194.1 1 &9 acre [rac 75.00 feet io
the POINT OF BEGINNING ano containing 21.18 acres of land more or iess.
I hereby certifv that the foregoing field notes were prepared from public records and are true and correct to the
best of my knowledge and belief.
Witness my hand and sea! .lune 20, 2007
Edward W. Bradfield, R.P.L.S. 5617
06 331 airborn
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5617 va
8�atinv
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LANDSURVEYORS
107 NORTH LAMPASAS
FOUND ROCK, TEXAS 78664
51.2-244-3395
FIELD NOTES
FIELD NOTES FOR 29.44 ACRES OUT OF THE LEWIS J. DYCHES
SURVEY, ABSTRACT NO, 180 AND THE FRANCIS A HUDSON SURVEY
ABSTRACT NO. 295 IN WILLIAMSON COUNTY, TEXAS BELNG 24.43
ACRES OUT OF A 122.19 ACRE TRACT CONVEYED TO IIB LONHORN
JUNCTION PHASE III L'I..P IN DOC, NO, 2006074656, 3.54 ACRES OUT
OF A 54.805 ACRE, TRACT CONVEYED TO GREG HALL IN VOL, 2651
PG 808 AND 1.47 ACRES OUT OF A 5,10 ACRE TRACT CONVEYED TO
DREW HALL IN DOC. NO. 2005024982 ALL OF THE WILLIA.NISON
COUNTY, TEXAS OFFICIAL PUBLIC RECORDS. SAID TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at the South terminus of the centerline of Blue Ridge Drive as dedicated by the plat of Blue
Ridge Drive, a subdivision recorded in Cab. CC Slide 346 of the Williamson County, Texas Plat Records, also being or.
the West line of a 94.1189 acre tract conveyed to Williamson County, Texas in Doc. No. 2001021470 of the
Williamson County, Texas Official Records. Said point also being the Northwest corner of the said 122.19 acre tract
and the POINT OF COMMENC MENET-.
THENCE
line of the said 122.19
S 21 ` 15' 27" E,
acre tract, 75.00
with the East line
feet to a point
of the said Williamson Countv 94.1189 acre tract and the. West
for the Northwest corner of this tract and the POINT OF
BEGINNLNG
acre iract and the North line of the said
NiiitchC11 tract, 392.3
feet to
THENCE through the interior of the said `,22.19 acre tract, the following three courses:
1326.55 feet to a point being the Northeast corner of this tract.
2) S 660 13'56" E, 141.42 feet to a point.
3; S 21 ° 13' 56" E, 820.63 feet to a point on the South line of the said 122.19 acre tract also being th
the Nor
line of a 10.09 acre tract described in deed to William Mitchell in Vol. 701, Pg. 823, Deed Records,
Williamson County, Texas, for the most Easterly Southeast conger of fibs tract.
THENCE S
680 27'48"
W, with
the South line of the said l
22.19
acre iract and the North line of the said
NiiitchC11 tract, 392.3
feet to
a point being
the Northwest corner of the said Mitchell tract and the Northeast comer of
the said Drew Hall 5.10
acre
tract.
THENCE S 20° 32' 50" E, with tine West line of the said Mitchell tract and the East line of the said Drew hall
5.10 acro tract, 214.30 feet to a point being the, most Southerly Southeast comer of this tract.
THENCE S fib° 46' 04" W, through thee interior of the said Drew Hall 5.10 acre tract, at 300.02 feet passing
the common line of the said Drew Hall tract and the said Greg Hall 54.805 acre tract, in all a total distance of 1031.29
Feet to a point on the East line of the said Williamson County 94.1199 acre tract also being the West line of the said
Greg Hall 54.805 acre tract, being the Southwest corner of this tract.
THENCE N 21 ° 15' 27" W, with the Fast line of the said Williamson County 94.1189 acre tract, passing. the
Northwest corner of the said Greg .CIai; 54.805 acre tra t, also being the Southwest corner of the said 122.19 acre tract;
926.00 feet to the POINT OF BEGINNING and containing. 29.44 acres of land more or less,
Witness my nand and seal June 20, 20077
WW"
Edward W. Bradfield, R.P.L.S, 5617
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Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE FLAN
.AREA No. AIRBORN INC. AND SUROUNDING PROPERTY
COUNCIL DISTRICT No, I
DATE: AUGUST 2S. 2007
I. INTRODUCTION
This Service Plan (the "Plan") is made by the City of Georgeton, Texas ("Cite")
Georgetown, pursuant to
Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Govenunent Code ("LGC").
This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service
Plan, which is referred to as "Airborn, Inc. and surrounding Property". The provisions of this
Plan were made available for public inspection and explained to the public at the two public
hearings held by the City on July 1.0, 2007 and July 24, 2007, in accordance with Section 43.056(j)
of the LGC.
II, TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in. effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III, INTENT
It is the intent of the City that municipal services under this Plan shall provide municipal
services in accordance with the timetables required by the LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
IN'. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1)
available to the annexed area immediately upon annexation; (2) those services wl-tich NATill be
available to the annexed area within 21/�n years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
41i years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
Annexation Service Plan 63.02 Acres, Airborn Inc. and Surrounding Property
Page 1 0f 13
For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the Cite,
and mar include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part, and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(8) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the Cita to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and,
infrastructure maintenance in other parts of the Ciq with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
V. SERVICES To BE PROVIDED UPON ANNEXATION
1. Police Protection -Upon annexation, the Georgetown Police Department will extend
regular and routine patrols to the area.
2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas
«7here tine City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Taste Collection - Upon annexation, for occupied structures, the City ��7ill
provide solid waste collection services to the annexed area in accordance with Citi,
ordinances and policies in effect on the date of the annexation. However, per the
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Nater and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility - Citl%-
owned water and wastewater facilities that exist in the annexed area will be
maintained upon annexation and such maintenance shall be governed by the City's
ordinances, standards, policies and procedures. Per the provisions of Section 13.01.
020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed
area, the City shall not repair, maintain, install or provide any public utilities or
services in any subdivision for which a Fu1al Plat has not been approved and filed
I
or record, nor in which the standards contained in the UDC or referred to therein
have not been complied with in full.
Annexation Service Plan 63.02 Acres, Airborn Inc. and Surrounding Propert,>
Paae. 2 of 13 d?i Jf
Operation and Maintenance of Streets, Loads, and Street Lighting - The Cit-.' will
provide preventative maintenance of the existing public streets and roads in the
annexed area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring;
crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on a variety of
factors, including surface condition, rideaby, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City's preventative maintenance program.
Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of Georgetown that adequate street lighting for the protection of
the public and property be installed in all new subdivisions. Installation procedures
and acceptable standards for street lights shall be governed by the utility standards
of the Citv in effect at the time of subdivision construction or addition thereto.
6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, playgrounds, and pools will be
unaffected by the armexation and shall not be maintained by the Cite.
Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
- Should the City acquire any buildings, facilities or services necessary for municipal
services in the armexed area, an appropriate City department will operate and
maintain them.
3. Library -Upon annexation, library privileges NATill be available to anyone residing in
It -he annexed area.
9. Planning and Development Services; Building Permits and Inspections - Upon
ar nexation, the City's Unified Development Code and Title 15 of the Citv Code of
Ordinances will apply in the area. These services include: site plan revievAr, zoning
approvals, Building Code and other standard Code inspection services and Cit`
Code enforcement; sign regulations and permits, and Stormwater Permit services.
For a full description of these services, see the Cit�'s Unified Development Code and
Title 15 of the City Code of Ordinances.
Annexation Service Plat, 63.02 Acres, Airborn Inc. and 5urroundin� Property=
Pace 3 of 13
10. Animal Control Services - The provisions of Chapter 7 of the City Code of
Ordinances relating to animal control services shall apply in the annexed area.
11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code
of Ordinances relating to business licenses and regulations (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental;
Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn
Carriages and other Nan -Motorized Vehicles for Hire; Sexualhv Oriented Businesses;
and Alcoholic Beverages) shall apply in the annexed area.
12. health and Safety Regulations - The provisions of Chapter 8 of the City Code of
Ordinance relating to health and safety regulations (Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9
of the City Code of Ordinance relating to peace, morals and welfare (Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall
apply in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 41i2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The Cite will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2. Water and Wastewater Services— Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas.
J
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development
of any property in the arulexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to arnv
part of the annexed. area that is within the service area of another water or wastewater
utility. For annexed areas located within the City's authorized service areas, the City
shall, subject to the terms and conditions of this Plan, extend water and wastewater
service in accordance with the service extension ordinances; policies, and standards that
are summarized in Section X of this Pian, which may require that the property owner or
developer of a newrly developed tract install water and wastewater lines. The extension
Annexation Service Plan 63.02 Acres, Airborn Inc. and Surrounding Propert�7
Page 4 of 13!
014�a. C007—,?O EX�t���
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule — Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/"2 years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within.2
lie years from the effective date of annexation and will be substantially complete within 4
'f< years from the effective date of annexation. However, the provisions of Section VII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City succeeding to the pourers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
4. Loads and Streets — No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Plan; the City's regular or non -impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the propert�r owner or developer install roads and streets at the
property owner's or developer's expense. It is anticipated that the developer of new
subdivisions in the area will install street hcrhtmn in accordance with the Citv's standard
policies and procedures. Provision of street lighting Nti=ill be in accordance with the
City's street lighting policies.
Capital Improvements for Cather Municipal Services — No capital improvements are
necessary at this time to provide municipal Police, Fire Protection; Emergency Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public
Buildings or Facilities; or Library Services. The annexed area will be included in the
Cit�%`s future planning for new or expanded capital improvements and evaluated on the
sante basis and in accordance with the same standards as similarly situated areas of the
Cite'.
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
2. Certain events, described as Force Majeure Events in this Plan, are those over which the
Citv has no control. Force Majeure Events shall include, but not be limited to, acts of God;
terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature
Annexation Service Pian 63.02 Acres, Airborn Inc. and Surrounding Propertv
Paae 5 of 13
including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts,
tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other
inabilities of the City, whether similar to those enumerated or otherwise, which are not within
the control of the City. Any deadlines or other provisions of this Plan that are affected by a
Force Majeure Event shall be automatically extended to account for delay_ s caused by such Force
Majeure Event:
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area mai- be
amended by the City to extend the period for construction if the construction is proceeding with
all deliberate speed. The construction of the improvements shall be accomplished in a
continuous process and shall be completed as soon as reasonably possible, consistent wit's
generally accepted local engineering and architectural standards and practices. However, the
City does not violate this Plan if the construction process is interrupted for any reason by
circumstances beyond the direct control of the City.
VIII. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the manner provided by Section 43.0561 of the LGC.
ix, FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision
from time to time by the City in its sole discretion.
l ..
X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section 43.056(e) of the LGC, the following summary is provided
regarding the City's current service extension policies for water and wastewater service.
However, this is a summary of the current policies, and the policies and regulations related to
water and wastewater utility extensions that are included in the City Code of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual; Drainage
Manual, and other published policies arid technical manuals, as the same may be amended from
time to time, shall control the extension of water and wastewater services to the annexed area.
Annexation Service Paan 63.02 Acres, Airborn Inc. and Surrounding Property,
Pace 6 of 1S
In addition, these policies and ordinances are set by City Council and can be amended in the
future:
1. In General -- The provisions of Chapter 13 of the City's Unified Development Code
("UDC') shall apply in the annexed area and Chapter 13 of the City Code of Ordinances.
Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of
Ordinances are summarized below. Note that these provisions are established by
ordinance of the City Council and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services,
wastewater service, gas, electricit\% or any other public utilities or services to any
property that has not been legally subdivided or is a non -legal lot.
B. For property that is required by the City's UDC or other City regulations to
construct water or wastewater facilities, funding and construction of those
facilities are the responsibility of the property owner or developer (the
"subdivider").
C. Subdividers shall be responsible for providing an approved public water supply
system for fire protection and domestic/ commercial/ industrial usage consistent
with the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case
less than one-quarter mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing water
supply. The subdivider shall, consistent with all existing ordinances, make a pro -
rata contribution to funding of needed storage facilities, treatment facilities, and
specific distribution lines as determined necessary by the City.
D. Subdividers shall be responsible for providing an approved public sanitary
sewer system, consistent with the Comprehensive Plan, throughout the entire
subdivision such that alI lots, parcels, or tracts of land will be capable of
connecting to the sanitary sewer system except as otherwise provided herein.
Where an approved public sanitary sewer collection main or outfall line is in Be
ease less than one-half mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing sanitary=
sewer system. Where an approved public wastewater collection maim or outfall
line is, more than one-half mile away from the propert�7 boundary, and where
extension of a sanitary sewer collection main or outfall line is scheduled in the
,City's Capital Improvements Plan to be completed to a point witlhin one-half
mile of the property boundary within five (S) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
wastewater collection system. The design and construction of a public sanitary
Annexation Service Plan 63.02 Acres, Airborn Inc. and surrounding Property
Page 7 of 13
sewer system shall comply with regulations covering extension of public sanitary
seNA7er systems adopted by the Texas Commission on Environmental Quality.
E. All infrastructure and public improvements must be designed and installed in
accordance with all of the elements of the Comprehensive Plan and shall meet
the minimum requirements established by the UDC, the City s Construction
Standards and Specifications for Roads, Streets, Structures and Utilities, and any
other adopted City design or technical criteria. No main water line extension
shall be less than eight inches. All new public sanitary sewer systems shall be
designed and constructed to conform with the City's Construction Standards and
Specifications and to operate on a gravity flow basis by taking advantage of
natural topographic conditions and thereby reducing the need for lift stations
and force mains.
2. If the specific undeveloped property does not have City water or wastewater facilities
and capacity fronting the property — the owner may make an application for an
extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, if
the proposed facilities are depicted on the City's Water and Wastewater Master Plans,
and the requested service otherwise meets the City's requirements, the extension size,
capacity, and routing may be approved by the Assistant City Manager for Utilities for
construction by the developer at the developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property — the owner may receive water or
wastewater service from the City by applying fora tap permit and paying the required
fees.
4. If any property in the annexed area is using a septic system — the .property owner
remains responsible for the operation and maintenance of the septic system. If the
property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is
a legal lot greater than one acre in size and used for single family residential purposes,
the property shall continue the use of a septic system after annexation until such time
that the use of the property changes, the property is further subdivided or developed, or
a public sanitary sewer line has been extended to within 200 feet of the property
boundary and the property owner has received notification from the City of the Cit -Vs
desire for the property to be connected to the public sanitary sewer line. If the septic
system fails before the City's centralized wastewater service is extended to within 200
feet of the property and the City determines that the provision of centralized wastewater
service is not feasible or practical at that time; then the property owner must either
repair or replace the septic system in accordance with the provisions of Section 1320 of
the City Code of Ordinances. Properties using a septic system that are not in a Rural.
Residential Subdivision , or are not legal lots greater than one acre in size and used for
single family residential purposes at the time of annexation, but that are designated as
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Pa`e 8 of I' _
either residential, open space or agricultural on the City's Future Land Use Plan shall
continue the use of a septic system until such time that the use of the property changes,
the property is further subdivided or developed, or a public sanitary sewer Iine has been
extended to within 200 feet of the property boundary and the property owner has
received notification from the City of the City's desire for the property to be connected
to the public sanitary sewer line.
5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of
the UDC, the City, in its sole discretion and with City Council approval, may participate
with a property oNAq-ier or developer in the cost of oversized facilities or line extensions.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
This policy shall apply to improvements to the City's utility systems. including system upgrades,
system expansion, and plant capacity additions. In this Section,. the term "utility system" shall
mean the Citv's water system, wastewater system, reuse irrigation system, and stormwater
drainage system.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
proper service levels to existing customers.
Section 13.10.030 Project 'Timing.
A. Projects designed to expand or upgrade a utility system must be completed and
ready for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible; the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific
location exceeds 7J% of current capacity and future demand is expected to exceed the
current total capacity.
Annexation Service Plan 63.02 Acres, Airborn Inc. and Surrounding Propert�T
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D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90`io of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service flan for such annexed tracts.
Section 13.10.040 Project Financing.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the Citv may nonetheless. at
the City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service
area. the Citv shall evaluate degree to which the project 1) facilitates contiguous growth,
2) maximizes
the provision of
service to the service
area, 3)
enhances
economic
development,
environmental
4) improves system
concern, and 6)
operations.) contributes
facilitates the completion of
to conservation
the utility-
or other
master plan.
D. At the
City's
sole option,
the City may also facilitate the installation of utility
expansion requests
through 1)
financial cost contribution, 21 financing of the
improvement
using
individual contracts between the City and each landowner for a
proportionate
share
of the project cost to be paid out over a specified period of time at a
specified rate
of interest, j Impact
Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
Sec. 13.20.010. general.
A. It is unlaw7ful for any, owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish,
maintain or use any water closet, bathtub, lavatory or sink except by one of the
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
1. connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
Oigoo cZZ7- FO Ekh bjY ("
Annexation Service Plan 63.02 Acres, Airborn Inc. and Surrounding Proper,,
Paae 10 of 13
appropriate state and local agencies having jurisdiction over such
facilities: or
2. connection to a public centralized wastewater collection main m7ith all
wastewater discharged to a centralized public wastewater collection
system.
B. Upon the "Development' of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development'' shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above; to cormect such
futures to an approved wastewater system, and to maintain the same.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availability of a Public Centralized Nk%astewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line.
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility Line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility sendcing the property, or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200 -feet of the property- line.
C, Failure of On Site Sewage facility. When an Onsite Sewage facility fails. the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner:
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary, the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters i 3.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage facility may be repaired or replaced.
(Prior code § 12-101)
ORD, c2007.FO hi���E�
Annexation Service. Plan 63.02 Acres., Airborn Inc. and Surrounding Propert�T
Pace 1 I of 13
Sec. 13.20.030. Privies prohibited.
it is unlawful for any owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
A> g "Low Pressure Sewer System" is an individual lift station located at each utility
customer or property owner location having a private force main connecting to a
public force main or gravity main located in a public utility- easement or public
right-of-way.
B. Each property owner and utility
customer shall be
responsible for the cost
of
installation and maintenance of
the individual lift
station and private force
main.
t
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system. waste or wastewater from any of the following sources
unless allowed by the City Manager, or his/her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13.24 of the Code of Ordinances.
B. Any stormwater. groundwater. rainwater, street drainage, subsurface drainage. or
yard drainage:
C. Any unpolluted water.. including , but not limited to. cooling water. process water
or blow -down water from cooling towers or evaporative coolers;
D. Any wastes or wastewater, or any obect, material. or other substance directly into
a manhole or other opening into the sewer facilities other than wastes or
wastewater through an approved service connection.
E. Any holding tank waste, provided, that such waste may be placed into facilities
designed to receive such wastes and approved by the City Manager, or his/her
designee.
Section 13.20.060 Sewer Ss stem Maintenance
A. For properties with gravity° wastewater service. the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the sewer system u1 the building and the service lateral between the building
and the point of connection into the public sewer main.
B. For properties with
low
pressure service,
the
property owner and utility customer
shall be responsible
for
the proper
operation,
maintenance, and repairs of the
Oily%. c:?00 7- V CaFz 12;h `7' e
Annexation Service Plan 63.02 Acres, Airborn Inc and Surrounding Property-
Pa(Ye 12 of 1
sewer system in the building and the service lateral, lift station (grinder pump)
and force main between the building and the point of connection into the public
zn
sewer main.
C. 'hen, as a part of sewer system testing.. the City identifies a flaw in a private
service lateral or force main where a repair is necessarty to prevent infiltration or
inflow. the property owner and utility customer shall be responsible to cause the
repairs to be made within one (1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City, City may
engage the services of a contractor to make the necessary repairs with the casts
for such repairs to be paid by the City and subsequently charged to property
owner and utility customer.
J1 ), f°iCPO Ek 4a /�
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63.02 Acres, Airborn Inc, and Surroundin.g Property