HomeMy WebLinkAboutORD 2007-17 - ANX Sun City Neighborhood 61Ordinance No. '`'
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 17.232 acres, more or less,
in the Burrell Eaves 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
WHEREAS, 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
October 10; 2006 and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on January 9, 2007 and January 23, 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. _404 Page 1. o/ 3
Annexation o` Sun City Neighborhood 61
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that:
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 1.0: 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 Statement8.0: 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: 17.232 acres, more or
less, in the Burrell Eaves 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 17.232 acres, more or less, in the Burrell Eaves Survey, as described in Exhibit
A of this ordinance, is included in City Council District 5, as it is adjacent to Council District 5 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. A00 7 �I IPage 2 of 3
Annexation of Sun Cigl Neighborhood 61
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 131h day of February, 2007.
Passed and Approved on Second Reading on the day of ,V,2007.
Attest:
/'
Sandra D. Lee
Citv Secretary
Appr�o.='{}ved as to form:
I �w,
t" C�
Patricia E. Carls
City Attorney
The City of Georgetown:
Mayor
Ordinance No. ' Page 3 of 3
Annexation of Sun City Neighborhood 61
EXHIBIT A
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CONTAINING .1.232 ACRES ;750.04 S UARF 7EET',
BURREEAVES SURVE", ABSTRAC" NO. 21.
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BEING ; 7,232 OF LAND S TUATEIU IN THF BURRE__ FAVFS
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3,10.706 .ACRE ALL RECORDED UNDER DOr, N'C. 9-5,5817-1 OF
THE OFFICIAL RECORDS OF WILLIAMS0N COUNTY, TEXAS
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PARTNERSHIP'. SAID 17.232 ACRE TRACT BEING MORE
PARTICULAR! Y DESCRIBED` BY IviF?ES AND BOUNDS ,AS
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TEXAS STATE PLANT COORDINATE SYSTEM, TEXAS CENTRA!
ZONE, NAD 83/93 HARK DATUAAI WITH DISTANCES CONVERTED
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1
L INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: SUN CITY NEIGHBORHOOD 61
COUNCIL DISTRICT No. 5
DATE: JANUARY 9, 2007
Del Webb Texas Limited Partnership, as successor in interest to Del E. Webb
Development Co., L.P. ("Del Webb"), and the City are parties to that certain
Development Agreement Concerning Proposed Subdivision and Construction of Master
Planned Community by Del E. Webb Development Co., LLP dated February 14, 1995,
and amended by the First Amendment to Development Agreement dated December 12,
1995, Second Amendment to Development Agreement dated September 23, 1997, Third
Amendment to Development Agreement dated November 10, 1998, Fourth Amendment
to Development Agreement dated September 28, 1999, Fifth Amendment to
Development Agreement dated May 24, 2000, Sixth Amendment to Development
Agreement dated February 27, 2001; Seventh Amendment to Development Agreement
dated June 1, 2003; and Eighth Amendment approved by the Georgetown City Council
on March 28, 2006 (collectively, the 'Development Agreement").
This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City")
pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local
Government Code ("LGC"). This Plan relates to the annexation into the City, of the land
shown on Exhibit "A" to this Service Plan, w=hich has sometimes been referred to as
"Sun City Caption Tract". 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
January 9, 2007 and January 23, 2007, in accordance with Section 43.056(j) of the LGC.
This service plan has been prepared in accordance with Section 43.056 of the Texas Local
Government Code.
NOTE: This annexation was initiated by the petition or request of the owners of land in
the annexed area. As is stated in Section 43.056(e) of the Texas Local Government Code,
the requirement that construction of capital improvements must be substantially
completed within the period provided in this service plan does not apply to a
development project or proposed development project within an area annexed at the
request or on the petition of the Iandowner when the City and the landowners agree in
writing that the development project within that area, because of its size or projected
manner of development by the developer, is not reasonably expected to be completed
within that period. The Development Agreement shall control the schedule of the
provision of municipal services for the areas. To the extent that there is a conflict
Annexation Service Plan Area: Sun City Neighborhood 61
PaLye I of 15
4200714
between this Service Plan and the Development Agreement, the Development
Agreement shall control.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) 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 full
municipal services (defined in the LGC as being those provided by the City within its
full service boundaries, including water and wastewater and excluding gas or electrical
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.
IV. 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 which
will be available to the arulexed area within 21,/'z vears from the effective date of the
annexation; and (3) those services for which capital improvements are needed and
which will be available as provided in the Development Agreement.
For the purposes of this Plan, "provision of services" includes having services provided
by any method or means by which the City extends municipal services to any other
areas of the City, and may include causing or allow=ing private utilities, governmental
entities and other public service organizations to provide such services by contract, in
whole or in part.
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 City 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 City
with topography, land use, and population density similar to those reasonably
contemplated or projected in the annexed area.
Annexation Service Plan Area: Sun Citv Neighborhood 61
Page 2 of 15
�1 1
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 where the 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 Waste Collection — Upon annexation, for occupied structures, the City
will provide solid waste collection services to the annexed area in accordance
with City 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 Water and Wastewater Facilities in the
Annexed Area that Are Piot Within the Area of Another Water or
Wastewater Utility — City -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 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.
Operation sMaintenance of Streets, Roads,s Street Lighting — U-r�t
City 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 overlav;
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 varie"T of factors, including surface
condition, rideability, age, traffic volume, functional classification, and
available r`unding. As new streets are dedicated and accepted for
Annexation Service Plan Area: Sun City Neighborhood 61
Page 3 of 15
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 GeorgetoNATn
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
City 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 annexation
and shall not be maintained by the City.
7. 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 annexed area, an appropriate City
department will operate and maintain them.
8. Library — Upon annexation, library privileges will be available to anyone
residing in the annexed area.
9. Planning and Development Services; Building Permits and inspections -
Upon annexation, the City's Unified Development Code and Title 15 of the
City Code of Ordinances will apply in the area. These services include: site
plan review, zoning approvals, Building Code and other standard Code
inspection services and City Code enforcement; sign regulations and permits;
and Stormwater Permit services. For a full description of these services, see
the City's Unified Development Code and Title 15 of the City Code of
Ordinances.
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.
Annexation Service Plan Area: Sun City Neighborhood 61
Page 4 of 1
Dot X17 EAXi
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 Non -Motorized Vehicles for Hire;
Sexually 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 41/2 YEARS OF ANNEXATION; CAPITAL
IMPROVEMENTS PROGRAM
1. In General - The City 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. 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 annexed area, the provisions of Chapter 13
of the UDC shall apply. The City shall have no obligation to extend water or
wastewater service to any 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
Area: Sun City Neighborhood 61
of this Plan, which may require that the property, owner or developer of a newly
developed tract install water and wastewater lines. The extension 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 1/2 years from
the effective date of annexation and will be substantially complete within 4 1/z
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 powers, duties, assets, and obligations of a conservation and
reclamation district as authorized or required by law.
4. Roads 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
property 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 lighting in accordance with the City's standard policies
and procedures. Provision of street lighting will be in accordance with the City's
street lighting policies.
5. Capital Improvements for Other 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 City's future planning for
new or expanded capital improvements and evaluated on the same basis and in
accordance with the same standards as similarly situated areas of the City.
Area: Sun City Neighborhood 61
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure Events in this Plan, are those over
which the City 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 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 delays 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
may 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 with 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.
X, SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Annexation Service Plan Area: Sun City Neighborhood 61
Page 7 of 15
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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 and 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. 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, electricity 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 all 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
Area: Sun Citi° Neighborhood 61
collection main or outfall line is in ne tee 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 main or outfall line is
more than one-half mile away from the property 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
within one-half mile of the property boundary within five (5) 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 sewer system shall comply with
regulations covering extension of public sanitary sewer 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 flov,T 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 for a tap permit
and paying the required fees.
Annexation Service Plan Area: Sun City Neighborhood 61
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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 City's 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 13.20 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 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 line 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 owner 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:
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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 City's water system, wastewater system, reuse irrigation
system, and stormwater drainage system.
Area: Sun City Neighborhood 61
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.
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 75% of current capacity and future demand is expected to exceed
the current total capacity.
D. Projects should begin the construction phase when existing demand at a
specific location exceeds 90% 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 Plan for such annexed tracts.
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 City
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.
Area; Sun City Neighborhood 61
C. When utility expansion is requested within a portion of the City's utility
service area, the City 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, 4) improves system operations, 5) contributes
to conservation or other environmental concern, and 6) facilitates the completion
of the utility 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, 2) 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, 3) Impact Fee or connection fee reduction or
waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
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A. It is unlawful 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:
I . connection to an approved Onsite Sewage Facility that is
constructed and maintained in accordance with the rules and
regulations of all appropriate state and local agencies having
jurisdiction over such facilities; or
2. connection to a public centralized wastewater collection main
with 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
comiect such fixtures to an approved wastewater system, and to maintain the
same.
Area: Sun City Neighborhood 61
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 Wastewater 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 servicing 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 13.10;
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)
1 1 '
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. A "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.
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Area: Sun City Neighborhood 61
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.
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. Anv wastes or wastewater, or any object, 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.
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 in 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
tilitycustomer shall be responsible for the proper operation, maintenance, and
repairs of the 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 sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a
private service lateral or force main where a repair is necessary to prevent
infiltration or inflow, the property owner and utility customer shall be
Area: Sun Cite Neighborhood 61
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 costs for such repairs to be paid by the City and subsequently charged
to property owner and utility customer.
Area: Sun Cite Neighborhood 61,