HomeMy WebLinkAboutORD 2008-73 - ANX Area NW2Ordinance oO
An Ordinance of the City Council of the City of Georgetown, Texas, providing for
the extension of certain boundary limits of the City of Georgetuwn, Texas, and the
annexation of certain territory consisting of approximately 1.90.1 acres of land out
of the 1. Jones Survey and. J. Fish Survey, north and east of Lake Georgetown,
iocated west of the Woodlake and Olde Oak subdivisions and south of.the Casa
Loma Subdivision, referred to as 2008 Annexation Area NW2, as described ir.
Exhibits A and B of this Ordinance, but excludinig the territory described in
Exhibit C-1 through Exhibit C- 4; which said territory fies adjacent to and adjoins
t"- yl�wl_ and not beinor a Fart
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#incorporated providing i plans;repealingconflicting
Whereas, the Citv of Georgetown, Texas is a home rule municipal corporation; and
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, by Resolution No. 071205-P, the City Council adopted the "Police to Guide the
Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown,
Texas;" and
Whereas, pursuant to said Policy, the City Council identified certain areas for which it
desired to initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, the City Council on August 8, 2006, by Resolution No. 082206-5 adopted a revised
priority annexation area map and directed staff to bring said territories into the City limits; and
Whereas, the City Council on August 12, 2008, by Resolution No. 081208 -BB adopted a
revised priority annexation area map, including the area that is the subject of this Ordinance, and
directed staff to advertise for public hearings and initiate annexation proceedings to bring said
territories into. the City limits; and
Whereas, following written and published notification given in accordance with state law,
the City Council conducted two public hearings on the proposed annexation on September 9, 2008
and September 23, 2008; and
Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of
the City of Georgetown, Texas and not within any incorporated area; and
Whereas, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
2008 Annexation Area NW2 Ordinance No.
Page 1 of 4
Whereas, pursuant to Section 43.035
of the Texas Local Government Code,
the property
described on
"Exhibit C-2" through "Exhibit C-4" was determined to be eligible for a
development
agreement
under that provision, and the
landowner's) have entered into said
development
agreement,
the terms of which state that the
propernr T shall not be annexed into the boundaries of
the city by
this Ordinance but instead may
be annexed later as provided in the
development
agreement;
and
Whereas, the Section 4.03.010 of the unified Development Code provides that the initial
zoning classification for newly annexed properties is "AG" Agriculture; and
Whereas, all prerequisites for annexation as set forth in state law and the City Charter have
been complied with;
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 Vision Statements, Goals and Policies of the 2030 Comprehensive Plan:
Goal 3: Provide a development framework for the fringe that guides sound, sustainable
patterns of land use, limits sprawl, protects community character, demonstrates sound
stewardship of the environment, and provides for efficient provision of public services
and facilities as the city ex-pands.
Policy Statement 3.B. Establish criteria, targets and timetables for the annexation of
unincorporated "pockets" into the city.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other 2030 Comprehensive Plan Vision Statements, Goals and Policies.
Section 2. The City Council hereby finds that:
A. Notice of two public hearings concerning annexation of the territory described in
"Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in
newspaper of general circulation in the City of Georgetown; and posted on the City's
internet website.
B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at
6:00 p.m. at the City Council Chamber, 101 E. 7th Street, 78626, Georgetown, Texas.
C. The public hearings were concluded after providing an opportunity for all persons
present to be heard with respect to the proposed annexation. A proposed Service Plan
was made available and explained at the public hearings as required by law.
2008 Annexation Area NW2 Ordinance No.
Page 2of4
D. Pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, eligible
landowners were offered an opportunity to enter into a development agreement in
lieu of annexation. Copies of agreements executed pursuant to Section 43.035 and
212.172 of the Texas Local Government Code are attached hereto as "Exhibit C-2"
through "Ex it`- L-
E. All procedural requirements imposed by state law for full purpose annexation of the
territory described in "Exhibit A," and shown in "Exhibit B," save and except the land
described in "Exhibit C -Z, " through "Exhibit C-4. " have been met.
F. "Exhibit D" contains the municipal service plan. for the annexed area.
Section 3. The present boundary limits of the City of Georgetown are hereby amended to
include the territory described in "Exhibit A," and shown in "Exhibit B," save and except the land
described in "Exhibit C-2, " through "Exhibit C-4 ", which is within the extraterritorial jurisdiction, not
part of the incorporated area of any jurisdiction, and adjacent to the city limits of the City of
Georgetown, Texas in Williamson County, Texas, and said territory is hereby annexed into the City
for full purposes.
Section 4. Those properties not included in this annexation ordinance pursuant to Sections
43.035 and 212.171 of the Texas Local Government Code are more particularly and separately
described in the attached "Exhibit C-1 " through "Exhibit C-4", and shall remain subject to terms and
conditions of the Chapter 43 Development Agreements) entered into with the City of Georgetown.
Section 5. The area described in "Exhibit A", and shown in "Exhibit B", save and except the
land described in "Exhibit C -Z" through "Exhibit C-4, of this ordinance, is included in City Council
District 4.
Section b. 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 7. 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.
Section 8. 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 14th day of October, 2008.
Passed and Approved on Second Reading on the 9th day of December, 2008.
2008 Annexation Area NW2
Page 3 of 4
Ordinance No. ;
Attest:
,F aE
f
jy
f
Sandra D. Lee
City Secretary
Approved as to form:
_..1
Patricia E. Carls
City Attorney
Mayor
2008 Annexation Area NW2 Ordinance No.
Page 4of4
EXHIBIT B
a"'. ''' ' �} i..I L3:..? i. i V 4J iw. Ti...X.t3, . ��r�';.'I th, 1
t
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Li t Oi �/LeE�msiY v ?(sLlp £y� LYy f
same lt' 5L``ir g the t�iitPl hruS2
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fir } C?tV o
the SCk4lt1 c2st C•or31PL ? L called 63.64-
T
trac`' of land t:onveyeti to Patsy stir€iii'IL'? a
ter' �-}-( 1 ns �h{}`?420i C3 {d�c
Official i'i�hiEtieCCardS €iT Ii112I2�.si}P- 1L 1i_ti'
described M ocurnent i o. 9:
Texas. same being the solitirwest corner o
'Lot 12 Block B. ina?. fiat ye'ootilakb Phase a
subdivision as recorded in Cabinet X, Slides 352 - of the Plat Records of i1l.ian�sor=
County , Texas, same being on a point in the northerly; boundary tin, of a called s 22 -acre tract
of land conveyed to the (United. States of America as described in �olur�te 51 �. Wage 4?2 of
the Deed. Records of Williamson County, Texas, for the southeast corner and f'CI?w T OF
BEGINNING hereof,
THENCE proceeding in a westerly direction with the common boundary lime of said City of
Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract, anti sed 12? -acre
UTnited States of America tract, to a point being the northwest corner of said 122 -acre United
States of America tract, same being an angle point in the easterly boundary line of the 429-
acre tract of land conveyed to the United States of America as described in Volume 535, rage
275 of the Deed Records of Williamson County. Texas;
THENCE continuing in a westerly direction with said common boundary line of the Cite Of
Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract. and said 421 -acre
United states of America tract, to a point being the southwest comer of said 6 3� 64 -acre
Spencer tract, same being an angle point in the easterly boundary line of said 41.1 -acre United
States of t nerica tract;
THENCE proceeding in a northwesterly direction with the said common boundary line of the
City of Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract, and said
421 -acre United States of t�xr=erica tract, to the r ost wcstferly corn: r of said Spencer tract;
THENCE proceeding in a northeasterly direction with the said common boundary tine of the
City of Georgetown Annexation No. 2005 and said 63.64 -acre Spencer tract, anci said
429 -acre United Stages of America tract, to an angle point in the westerly boundary line of
said Spencer tract;
THENCE proceeding in a easterly direction'"ith the said common boundary lime of the City°
of Georgetovrrn Annexation No. 2005-92, and said 63.64 -acre Spencer tract, and. said 429 -acre
Limited States of America tract, to an angle point in the westerly; boundary- line of said Spencer
tract;
THENCE proceeding in a northerly direction with the said common boundary line of the City
of GeorgetoxArn Annexation No. 2005-92, and said 63,64 -acre Spencer tract, and said 429 -acre
United States of America tract, to a point: being the northwest corner of said 63.64 -acre
Spencer t=ract, same being the most southerly; corner of a called 32.51 -acre tract of land
conveved to Rov Tate Gunn as described in said Document No. 9904209,
T HENCE continuing in a nor°�:herly- direction witr� con aeon bounnary lite M the C ?ty k f
�. .S.a 1 "Y e' ,..a^� vj- P. said
4 "tr9E 4`
Georgetown � 411exatio i No. 2005-9 % anet cla:G ry,.� e �:_. and t� �C.
_.
rI3 CS States _P ',.{ o i le POITI, 7, ; fit° tf cdi!Cs i_l , d,a.r t 1 FiC O 'mss.:
tates of America,tract. � i t� �
tract:
TM L proveeotng n a westerly direction with sato conrimon boundary tine of the C ttS o
?��.
Georgetown Annexation No. 2005-92, and said 32.81 -acre Gunn tract, and said 429 -acre:
United Mates of Annertcatract, to a point being fne northwest cc}rnor of saidtty of
Georgetown Annexation No. 20C1S-92, same being orz a point in t; e easteriy> boundary line crf
City o ' Georgetown Annexation,No. 870400, same being an ankle point in the easterly
boundary lime of said 429 -acre United States of Merica tract, same being an angle point to
the westerly boundary line of said Gunn tract,
THENCE proceeding in a northerly direction with the common boundary of said City of
Geors?eton Annexation No. 870400, and said.3 Gunn tract, and said 429 -acre
�F
United States of America tract, to the; northeast comer of said Cityv of Georgetown Annexation
No. 870400, same being an angle paint in the easterly boundary line of City of CFeorg etoN n
Annexation No. 2006-129;
I I..?tiCE continuing iin a northerly direction with the cotnrno� boundary- line said Cid of
Georgetown Annexation No. 2006-129, and said 32.81 -acre Gunn tract, and said 429 -acre
United States o.[Amcrica tract, to an angle point in the westerly boundary line of said 72.8 -
acre Gunn tract;
THENCE proceeding in a easter?y direction with said common boundary line of the City of
Georgetoxvia Annexation No. 2006-1.29, and said 32.81 -acre Gunn tract, and said 429 -ac -re
United States of America tract, to an angle point in the westerly boundary line of said 32.81 -
acre Gunn tract::
,rH NC. proceeding in a northerly` direction with said cornrion boundary line of the City of
Georgetown Annexation No. 2006-129, and said 321.%1 -acre Gunn tract, and said 42.4 -acre
United States of America. ix act, to the northwest corner of said 32.81 -acre Gunn tract. sane
being on a point its the southerly boundary line of a called 100.74 -acre tract of land convcved
to Jay, L. Wolf as described in Volurne 676, I'age 557 of the I)eed Records of IvVilliarnson
County, Texas;
THENCE E proceeding, in a. southwesterly direction with the con on boundary lins cif said
City of Georgetown Annexation No. 2006-124, and said 100.74 -acre wolf tract, and said 429 -
acre united States of America tract, to a point being the most westerly southwest corner of
said 100.74 -acre Wolf tract;
THENCE proceeding in a northerly direction with said common boundary line of the City of
Georgetown Annexation No. 2006'-129, and said 100.74 -acre ��olfiTact, and said 424 -nand:
United States of America tract, to the most northerly comer of said City of Georgetown
Annexation No. 200€-129, same being an angle point in. the northerly boundary line of said
u ' i_.:ta trz a Cr + c4 same E? no, tI e an `-Fogle noire l i tit: t>asterI
ly
7 C -a z `I; C� la et {iI r C .: av
bounua'>>' I re t?T a Ca�.xGG �,�)�)? -acre tract Eli Ian cCkn e e d t0 �LEr4tt;I3l� Ctt3u �St�tes
i-iomeoxymer ' . ssoc anon as eescrioed in Do,,Nu -m No. 98280? 7 c7f tre
Williamsc n � �,ount ,Texas:
if z
`THENCE. continuing In a norther;' direction �N �4dl the co mon boundary` line of said 100. r .-
acre l�%oif tracts and said. 7.00 3 -acre Fountainwood Estates :Homeowners' ,dissociation tract,
to the most easterly northeast corner of said 7.0013 -acre Fountainwood Estates Homeowners`
Association tract, same beim the southeast comer of Lot 25, Tountainwood Estates Phase 6B
a subdivision as recorded in Cabinet 0, Slides 204 - 205 of the Fiat Records of Williarnson
County.Texas;
`iTIENCT continuing In a northerly direction with the common boundary Line of said 1 OM14-
acre Wolf tract, and said Lot 25. Fountainwood Estates Phase 6B, to an angle point in the
westerly boundary line of said. 100.74 -acre Wolf tract;
THENCE proceeding in a westerly direction with said common boundary line of said 1001.
acre Wolf tract, and said Lot 25. Fountainwood Estates phase 6B, to an angle point in the:
easterly boundary Eine of said Lot 25,
THENCE proceeding in a northerly direction with said common boundary line of said 1 K74 -
acre Wolf tract, and said Lot. 25, Fountainwood Estates Phase 6& to a point being the
northwest corner of said 100.74 -acre Wolf tria.ct, same being an angle point in the northerly
boundary Eine of said Lot 25, Fountainwood Estates Phase 6B, same being on a paint in the
southerly boundary line of Lot 26 of said Fountainwood Estates Phase 6B;
THENCE proceeding in a easterly direction with the coir mon boundary line of said 100.74-
acre Wolf tract. and said Lot 26, Fouritainwood Estates phase 613, to the southwest corner of
Pountainwood Estates Phase 7, a subdivision as recorded in %labinet R. Slides 350 - 352 of the
Plat Records ofiWilli,anison County, Texas;
THENCE continuing in a easterly direction with .the common boundary line rfsaid 100.74 -
acre Wolf tract_ and said Fountainwood Estates .Phase 7 subdivision, tc a point being the
southeast corner of said Fountainwood Estates Phase 7. same being the southwest conger of
Loi 5, Black 3, Casa Loma., a subdivision as recorded in Cabinet D, Slides 9 - 10 of the Flat
Records of Williamson County, Texas;
THENCE continuing in a easterly direction with the common boundary line of said 100.74 -
acre Wolf tract, and said Block 3, Casa Loma.. to the northwest corner of City of Georgetown
Annexation No. 9.5-12, same being the nor�tlicast corner of said. 100.74 -acre Wolf tract, sane
being the northwest comer of a called 20.0 -acre tract of land conveyed. to James David Wolf
and wife, Ellen Allaire Wolf as described in Document No. 9612381 of the Official records
of Williamson County, Texas, same being, on a paint in the southerly boundary line of said
Block 3, Casa Lama;
,.�, .r.,.. .. r I , ra it 's i 4� !,}YS %}o?in.da rine �r1 ....
i 'EINI '_; pro •eedin(r in a southerly �' eci.;.ori vti�t:. ,:�2`�' c�z�T3 S-�rC C,3�rtr.
�reoT i ti annexation No. 95-12;. an said ? �1ti. 4-acr\e otf tract, `an CG said 20- ccr
e t7 �a ,rxie.
n t r 4 n r r' T C' ` �y!) i (.rr tU o, { r' " .w.t.
C.ract, G.i,S a p, t_ii w;.r ye ii, t..: .r5 s�u ti��%4 �'s�. W-�1 i.i ..-a iF, laid `l; .t.' LC t i.. .._ k`..• , same i ... ..- .r: C, `3 .E
point un the tasterly boundary lith m :saki i3x r '«
htrivn3-L6Jl said tCt.i.y
THENCE�tonY" let�ir?1
of Georiretowr} �nnexatron ?va. 5-12, same being irnroug= the iriterior o� said 100.74-ae{e
Wolf tract., to a point in the southerly boundary line of said 100.74 -acre Wolf tract, same:
being on a point in the northerly boundan fine oT l�iack B. Final flat Olde Oaks Estates a
subdivision as recorded in Cabinet F, Slides 326 - 327 of the Flat Record iliiarnsor,
County, Texas;
THENCE departing said easterly boundary line oft' e City of'Georgetown A.rurexation :No.
9>-11 proceeding in a westerly direction with the common boundary litre said 100.74 -acre
Wolftra t and said Block B. Final Plat Olde Oaks Estates, to a point being the northeast
corner of aforementioned 32.81 -acre Gunn tract, same being on a point in the Southerly
boundary hire of said 11.00.74 -acre Wolf tract, same being the northwest corner of said Block
B. Final plat Olde Oaks Estates;
TI.IENCE proceeding in a southerly direction with the common boundary line of said 32.81-
acre Gunn tract, and said Block B, Final Flat Olde Oaks Estates, to the scrutlrwest corner of
said Block B. Final Flat Olde C3aks Estates, same being the northwest corner o[ a called
20.00 -acre tract of land conveyed to Paluxy Square Partners as described in Document No.
2006039487 of the Official Public records of VAIliarnson County, Texas;
THENCE proceeding in a easterly direction with the conunon boundary line of said Black B.
Final Plat Olde Oaks Estates. and said 20.00 -acre Paluxy Square Partners tract. to a point
being in the said easterly boundary- line of the City of Georgetown Annexation No. 95-12
same being on a point in the southerly boundary litre of said Block B. Final Plat Olde Oaks
Estates, same being on a paint in the northerly boundary line of said 20.00 -acre Paluxy Square
Partners tract:
THENICE proceeding in a southerly direction with said easterly boundary line of the City of
Georgetown Annexation No. 95-12, same being through the interior of said 20.00 -acre Paluxy
Square Partners tract, to a point being the northeast comer of aforementioned City of
Georgetown Annexation No, 2001-49, same being on a point in the southerly boundary line of
said 20.00 -acre Paluxy Square Partners tract, same being on a point in the northerly boundary
line of remnant portion of a called 118.34 -acre tract of land conveyed to Andice Development
Co. as described in Docurrrent No. 9636558 of the Official records of Williamson County,
Texas;
THENCE proceeding in a. westerly direction with the common boundary litre of said City of
Georgetovilri Annexation 2001-49, and said remnant portion of the called 118.34 -acre Andice
Development Co. tract, to a point being the northwest corner of said remnant portion of the
called 118.34 -acre Andice Development Co. tract, same being the northeast corner of l._,ot I
M
'Shori..;- (
nn 'Final
i .al. Plat k�'o;�`�iaake P'nase I. a subdivision .,qs recorded II Cabinet .1'a. �'r 1.i tX.�� `✓V
} t}*•. 'the Plat Records of T!�' 11=1?2SC�? 'C'ount;.', ! exas;
l Iu d vi Continuing iT, u til'fitsf� :t1rc �tiC}r vi'ilii common on boun lary Sine Sal CIL' Edi
annexation No, 2001-49, and: said 20.00 -acre Faluxy Square Partners tra.CL, and, said Lot 1.
Short Form Final Plat o�'oodlake Phase 1, to a point. be] t. the northwest corner of said City of
Gear<oetown Annexation No. 2001-49, sane being the southwest corner of said 20,00 -acre
Pal.0-N.'Y Sgnare Partners tract, same being on a point in the casterly boundary fine of said
32.8 i -acre Gunn tract, sande being; file north���est co^ger of said Lot 1, Short Form l final Plat
Woodlakc Phase 1,
THENCE proceeding in a southerly direction with the common boundary line of said City° of
Georgetown Annexation No. 200149, and said 32.8 1 -acre Gunn tract, and said Lot I. Short
Fora; Final Plat Woo lake Phase 1, to the southwest corner of said Lot 1. Short Form Final
Plat Woodlake Phase 1, same being the northwest comer of L,ot I I, Block A. of
aforementioned Final Plat Woodlake Phase 3, a subdivision as recorded in Cabinet X, Slides
352 - 355 cif the flat Records of �%illiamson County. Texas;
THENCE continuing in a southerly direction with the common boundary line of said City of
GeoreyetoNvn Annexation No. 2001-49, and said 32.81 -acre Gunn tract, sarne being the
westerly boundary line of said. Fina.! Plat Woodlake Phase s, to the southeast corner of said
x'2.81 -acre Gunn tract, same being the northeast corner of aforementioned 63.64 -acre Spencer
tract:
THEI�iC'E continuing in a southerly direction with the westerly boundary l=ine of said City of
GeurgetowT. Annexation No, 2001-49, saine beim with the easterly boundary line of said'
63.6 -acre Spencer tract, same being with the westerly boundary line of said Final Plat
tivoodlake Phase 3 to the POINT of BEGINNING hereof.
This document W0S prepared under 22 ,Y AC 663.2I, cdoes not m leaf the revults gfan or the
ground survc}y, and is not to be ��sca to convey or e,stabUsh interests in reel property except
those rights and interests implied or established by the creation or recur figuration a f. the
houndary of the political sub divisionj. r �s�hich it �i-as prcpasreri
c> DIAMOND SURVEYING 1, � .
P.0, BOX 1937, GEORGE.TC� �. TX 78627 �TF
(5 12) 93 1 -3 100
......................:...
SHANE SHAFER
?�
5281
SHANE SHA EFR, IR..P.L.S. NO. t` .91 DATE
Annexation Area !' IYV.
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7ectIon i'. ? o6ce.
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a. 4. y.��.uVCC Ll.��a
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i.? Owner CanCl file DN-T1C:'rS 11 ii'S; StICCE SSC}2', al1l c'.SSi 31S Sllt,ll 1`.'£ t!lC: CFi\' 1=l'T`Ii'te11
Il }CIC thin IC1Li.rtLCil t,! 1 Cj7G'ti of d.n ' Ci"irincle in Cllr-' a�" ;CLE I'Cli i31, 11`1 Glli Iii iTl i,` Ni71f'Il
or timber and is \ ehen'TUtjon Stt t s, o} tll'e r'rC7nertl'_
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the {�t v 'ir �c'T`t fled n a .; reiLir recei.7t r:;Ztl(e ted, to the olt`owi.ne a idr<SS:
its' ot Ljeoroetowll
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ID
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THE ST `l C�� TL` �y ;
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AFTER RECORDING R.ETURIN «
.gFom Admm auv,«
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GIN, of y7 «
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Gunn Property
#07}8#7
7rGEOR,G/WNSeptember 7200
*
TEXAS
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7rGEOR,G/WNSeptember 7200
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EXH16,17 C,2
L.
STATE OF TEXAS �.
COI NT : E _ S l
CITY OF GEORGETOWN° TEXAS
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of Georgetown, Texas (t=he "City") and
the undersigned property owner(s) (the "Owner";. The term "Owner" includes all
owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson
County, Texas, which is more particularly and separately described in the attached
Exhibit "A and
WHEREAS, the Property is currently located in the extraterritorial jurisdiction, of the
City, and has been appraised for ad valorem tax purposes as land for agricultural or
wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber
land under Subchapter E of that chapter; and
WHEREAS, the Cit, has begun the process to institute annexation proceedings on all or
portions of the Property- and has held public hearings on September 9, 2008 and.
September 23, 2008; and
WHEREAS, the Owner desires to have the Property, remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement,
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, ;n order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City- acknowledge that this Agreement is binding upon
the Cite and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of Williamson County, Texas at the expense of the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
2008 annexation dev agree Wolf F«73858
Page 1 of 12
8•
Section; L. Continuance of Extraterritorial urist a tu S.
i
he Ali:` araIttees the contin`�. ation not' the extraterritorial sat is of the 'tlwnei ZS
Property, its immunity horn annexation by the City, and its immunity from v'ry
property taxes, for the TerrrL of this n.greerner`4t, subject to the proviSions of this
Agreement.
1.2 Except as provided in this Agreement, the City agrees not to annex the Property,
agrees not to involuntarily institute proceedings to annex the Property, and further
agrees not to include the Property in a statutory annexation pian for the Term of this
Agreement. However, if the Property is annexed pursuant to the terms of this
.Agreement, then the Cite shall provide services to the Property pursuant to Chapter 43
of the Texas Local Government Cade.
Section 2. Continuance of Agriculture, Wildlife Management, or Timberland
Use; Prohibition Against Other Uses
2.i The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
the Texas Tax Code, except for any existing single-family residential use of the Property,
without the prior written consent of the City.
2.2 The Owner covenants and agrees that the Owner will not file any type of
application for a subdivision plat or other development -related approval for the
Propert r with Williamson County or the City until the Property has been annexed into,
and zoned by, the City.
2.3 The Owner covenants and agrees not to construct, or allow to be constructed,
any buildings on the Property that would require a building permit if the Property were
in the cityr limits, until the Property h,
asbeen annexed into, and zoned by, the Cite. The
Owner also covenants and agrees that the City's AG—Agriculture zoning district
requirements apply to the Property, and that the Property% shall be used only far AG—
Agriculture zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct cm accessory structure to an existing single family dwelling in compliance with
all applicable City ordinances and codes.
2.4 The Owner acknowledges that each and every owner of the Property must sign
this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO
SIGN'S THIS AGREEMENT COVENANTS AND AGREES, JOINTLY LY AN'D
SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
ALAI x'T ANrY AND ALL LEGAL CLAMIS, BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE
AGREEMENT, ARISING IN ANY WAY FROM THE CIi`i"S RELIANCE ON THIS
AGREEMENT.
2008 annexation dev agree Wolf 8473858
Pace 2 of 12
eyLhj
Section w. Effect of Certain Filings or Actions.
3.1 The Owner aci� nowledges that if any` appliCaHCon for a Fiat Or other e Ie1 p een -
re;ated approval is flied In violation of t. s A re=ent, or If the CiiieF CbP ce%C=s
clevelopment of the Property in violation of this Agreement, then in adal ion to the
City's other remedies, such act(s1 will constitute a petition- for voluntary" annexation ?iv
the Owner, and the property Will be subject to annexation at the discretion of the Cite
sh, th
Council.1Yie OWneZ agrees that such itui
rcxdtivii �i a.h sa be voluntary and e Owner
hereby consents to such annexation as though a petition for such annexa ion had been
tendered by the Owner.
3.2 If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code
Section 43.052, requiring a municipality to use certain statutory procedures under an
annexation plan. Furthermore, the Owner hereby Waives any and all vested rights and
claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that Would otherwise exist by virtue of any actions Oshrner has taken
in violation of Section 2 herein.
Section 4. Enforcement of City Regulations
4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the
City is authorized to enforce all of the City's regulations and planning authority that do
not materially interfere with the use of the Property for agriculture, Wildlife
management, or timber, in the same manner such regulations are enforced Within the
City's boundaries.
J
4.2 The City states and specifically reserves its authority pursuant to Chapter 251 of
the Texas Local Government Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section S. Term; Annexation On or after the End of the Terre
5.1 The term of this Agreement (the "Terri") is fifteen (15) years from the date that
the City Manager's signature to this Agreement is acknowledged by a public notary,
unless sooner terminated as provided for in Section 3, above, or if the Property no longer
has an exemption from ad valorem taxes for agricultural, Wildlife management, or timber
land. If this Agreement is terminated because the Property no longer has an exemption
from ad valorem taxes for agricultural, wildlife management, or timber land, then the
effective date of such termination shall be the effective date of such change in exemption
status for ad valorem tax purposes.
5.2 The Owner, and all of the Owner`s heirs, successors and assigns shall be deemed
y annexation before the end of the Terns, for
LO have tiled a petition for voluntar
annexation of the Property to be completed on or after the end of the Term=. Prior to the
end of the Term, the City may commence the voluntary annexation of the Property. In
connection With annexation pursuant to this section, the Owners hereby Waive any
vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the 'Texas
Local Government Code that would otherwise exist by virtue of any plat or construction
Page 3 of
EVC/'
any" of the owners may initiate during the time between the expiration of this .nCreernent
and tt e ir.stitutio? of annexation proceedings by he Citi .
Section t;0 Zoning
o.I
Property annexedd pursuant to this Agreement will int ialiv zoned AG —
Agrioulture pursuant to the Cit ,s unified Development Code.
b.2 Owner may file an application for another zoning classification, and any such
application shall be reviewed and considered in accordance with the then -current laws,
regulations, ordinances, Comprehensive Pian, and other policies of the City.
Section 7. )'notice.
7.1 Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, give written notice of this Agreement to the prospective purchaser
or grantee, and shall give written notice of the sale or conveyance to the City.
7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written
notice within fourteen (I4) days of any change in the agricultural, wildlife management
or timber land tax exemption status of the Property.
7.3 A copy of any notice required by this Agreement shall be in writing and sent to
the City via certified mail, return receipt requested, to the following address:
City of Georgetown
Attn: City Manager
P.O. Box 409
Georgetown, Texas 78627
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Williamson County, Texas.
Section 9. ;f a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then he remainder of this Agreement shall remain in fu11 force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation sh=all affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12. Venue for his Agreement shall be in Williamson County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts arid,
upon execution, shall constitute one and same instrument.
Page 4 of
R"
exhiblot
Section 141. Inis Agreement snail survive its termination to trig extent necessary IC}r tl"te
te rovifls �, and J herein.
,,mplenlentatc- 0n
Entered into phi` f da€- of 2008.
OWNERISS :
Printed Naak: Thomas C . Baird, Temporary Administrator of the Estate of Bettie Slack
Wolf, Deceased
Annexation Area:
WCAD R4I3858 3.83 Acres
THE STATE OF TEXAS }
COUNTY OF ?
TI -his instrument was acknowledged before me on the day of
`)q66 21008, by Thomas C. Baird, Temporant :administrator of the Estate of Bettie
Black Wolf, Deceased.
Notary public, State of Texas
Wary Plane • &isle of Texes
009mistiop Expires: 09107111
h
Entered into t�zs�� a of
l
OWNER(S):
iudy Dean Wolf Hidelang
Annexation Area:
WCAD R473858 3.83 Acres
THE STATE OF TEXAS
COUNTY OF jW0,WSJ r, }
This instrument was acknowledged before me on the day of
OV ' 008, by Judy Dean Wolf Hindelang, Ovv>ner,
t' ° Vlo�ETA GO EZ
No""i Pubk, StSte Of Tex&4
My GOfTn' tXP O&OF,2012
J
Ent red into this. Idac� oz
OWNER(S):
;777
Printed Name: Susan Tane Wolf Robertson
Annexation Area:
WCAI 8473858 3.83 Acres
THE STATE OF TEXAS
COUNTY OF W t ; 1 i amson }
This instrume
2008, by
t was acknowledged before me on the
Susan lane Wolf Robertson; Owner.
G PU
.� .h JEHEKAIIWH HOLLIS
'r No—wry P' bile; Sate e; texas
GtQ My Comm. xpires 04-16-2041
aF
2008 annexation dei agree Wolf 8473858
Page 2 0; 12
I
ay of
.ntered into til 5 da'v' v^i ✓'v i. 7l €4,
0
!
V� 4k
Printed Name: J� L,ebn/t�r'olf, Jr.
Annexation Area:
WCAD 8473858 3.83 Acres
Alabama
THE STATE OF TAN }
COUN-TY OF Montgomery {
This instrument was acknowledged before me on the day of
2008, by jay Leon Wolf, Jr., Owner.
Public, State of `1 Ae A 1 a barna
;a7"i Ak"4 f'Ei$t.:iC'fi'S ;t :n-; OF .ALABOvIA i;
i?O€TUFDs TJIRE' A'(MkRY J�tWKIf(-
P.• ♦ of
l ilr:,
Entered into this2day of
Printed ?lame: 6114
Annexation Area:
Wolf McLachlan
WCAD 8473858 3.83 Acres
THE STATE OF TEXAS
COUNTY OF WilI Ca jn I
This instrument was acknowledged before
2008, by Iva Wolf McLachlan, Owner.
JULIA LA LEY
NOTARY PUBLIC
STATE OF ;"ESA
AV .ESR ;' 2/ u l {
2008 annexation dev agree Volt 8473858
Page 9 of 12
me on the day of
Public, State of Texas
Entered 1r2 t{3 this ^ day of % 4t6l✓?"l /.Y 2008.
Printed Name: iames David Wolf
Annexation Area:
WCAD 8473858 3.83 Acres
THE STATS, OF TEXAS
COUNTY OF 'J VV k
This instrument was acknowledged before me on the day of
2008, by james David Wolf, Owner.
os" Y''� ` LINDA B0YD GRAVES
*�
tiotar + PuhbIi , State of Texas
fav commission l;xpires
SEPTE(t",BH 20, 20;'
THE STATE OF TEXAS
COT NTY OF WILLIAMSON
Notary Public, State ortexas
THE. CITY OF GEORGETOWN, TEXAS
Bv:
Printed Name: Paul Brandenburg;
Title: City Manager.
This instrument was acknowledged before me on the day of
2008, by Paul Brandenburg, City ?Manager, Citv of Georgetown, Texas.
N'otary Public, State of Texas
AFTER RECORDING* RETURN TO:
2008 annexation dev agree Wolf 8473858
Page 10 of 12
Karen Hr.lst, AdmLmstrativ e Supe°rviso:
Coznrnwiry Develot)men;
City cif Leer` etov��n, i exas
P.O. Box 1,'58
ueorPtotilTn, Texas 78627
2008 annexation dev agree Wolf 8473858
Page l: of 12
EXHIBIT A
PROPERTY DESCRIP7101--;
Page 12of 12
S'T`ATE CSE T ERAS
C O��N , OF WML i,� MSON
CITYOF GEO GETOWN, TEXAS
CHAN'T'ER 43 TEXAS LOCAL GOVERNMENT CODE.
DEVELtr PMENT AGRE,EMEN'T'
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between tate City of Georgetown, Texas (the "City") and
the undersigned property owner(s) (the IyOwmer"). The term. "Owner" includes all
owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property') in Williamson
County, Texas, which is more particularly and separately described in the attached
Exhibit "A and
WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the
City, and has been appraised for aa' valorem tax purposes as land for agricultural or
wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber
land under Subchapter E of that chapter; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or
portions of the Property and has held public hearings on September R, 2008 and
September 23, 2005; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of Williamson County, Texas at the expense of the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Secti iri Continuance of Extraterritorial jz��isdic or, Status,
7..i
The CSty guarantees the conti,hUation of tl extratE'rri torial sm E'. s of the Cv. e. s
property, i}s immunity trom annexation b`t*ie City, and its immunity from Cita'
property taxes, or the Term of this Agreement, sub,ect to tale pTo.-"isioils of titin
Agreement.
1.2 Except as provid ed in this Agreement, the City agrees not to annex the Property;
agrees not to involuntarily institute proceedings to annex the Property, and further
agrees not to include the Property in a statutory annexation plan for the Term of this
Agreement, However, it the Property is annexed pursuant to the `terms of this
Agreement, then the City shall provide services to the Property pursuant to Chapter
43
of the Texas Local Government Code,
Section 2. Continuance of Agriculture, Wildlife Management, or Timberland
Use,: Prohibition Against dither Uses
2.1 The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land, consistent with Chapter 23 of
the Texas Tax Code, except for any existing single-family residential use of the Property,
without the prior written consent of the Citi''.
2.2 The Owner covenants and agrees that the Owner will not file any type o€
application for a subdivision plat or other development -related approval for the
Property with Williamson County or the City until the Property has been annexed into,
and zoned by, the City,
2.3 The Owner covenants and agrees not to construct, or allow to be constructed,
any buildings on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the Citi . The
Owner also covenants and agrees that the City's AG—Agriculture zoning district
requirements apply to the Property:, and that the Property shall be used only for AG—
Agriculture zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with
all applicable City ordinances and codes.
2.4 The Owner acknowledges that each and every owner of the Property roust sign
this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO
SIGNS THIS AGREEMENT COVENANTS AND AGREES, TOINTLY AND
SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
AGAINST ANY AND ALL LEGAL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP IINTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE
AGREEMENT, ARISING IN ANY WAY FROM THE. CITY'S RELIANCE ON THIS
AGREEMENT,
Section 3. affect of Certain Filings or fictions.
3.2 The Owner acknov`ledges that if an`y' app'ication for a. plat or o her deve Op nent-
related approval is tiled LTL vicdauC}n of this Agreement, or a ti-te Owner i r ,dice
cievelopmerit Ot the Property in violation of this Agreement, �1eri 1n aElditloil tC the
City's Other remedies, such act(s) will constitute a petFron for voluntary annexation bYN7
the Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the Owner
hereby consents to such annexation as though a petition for such annexation had been
tendered by the Owner.
3.2 If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to local Government Code
Section 43.052, requiring a municipality to use certain statutory procedures under an
annexation plan. Furthermore, the Owner hereby waives any and all vested rights and
claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has taken
in violation of Section 2 herein.
4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the
City is authorized to enforce all of the City's regulations and planning authority that do
not materially interfere with the use of the Property for agriculture, wildlife
management, or timber, in the same manner such regulations are enforced within the
City's boundaries.
4.2 The City states and specifically reserves its authority pursuant to Chapter 252 of
the Texas Local Government Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. 'Perm, Annexation On or After the End of the Term.
5.1 The 'term of this Agreement (the "Term") is fifteen (15) years from the date that
the City Mianager's signature to this Agreement is acknowledged by a public notary,
unless sooner terminated as provided for in Section 3, above, or if the Property no longer
has an exemption from ad valorem taxes for agricultural, wildlife management, or timber
land. If this Agreement is terminated because the Property no longer has an exemption
from ad valorem taxes for agricultural, wildlife management, or timber land, then the
effective date of such termination shall be the effective date of such change in exemption
status for ad valorem tax purposes.
52 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed.
to have filed a petition for voluntary annexation before the end of the Term, for
annexation of the Property to be completed on or after the end of the Term. Prior to the
end of the Term, the City may commence the voluntary annexation of the Property. In
connection with annexation pursuant to this section, the Owners hereby waive any
vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas
Local Government Code that would otherwise exist by virtue of any plat or construction
any or the owners may initiate Cs5 ring'he time bett'.'eeZt the explratio e of tlt. i?gTee�Ye t
and the institution of annexation proceedings Dy the I.Ity.
erection :toning
6.? Proper' annexe ^ursuant to h:s Agreeme�it "7il init,aly be zoned AG —
City
Ag icczl ure pursuant to es untried Development Code.
6.2 Owner may file an application for another zoning classification, and any such
application shall be reviewed and considered in accordance with the then -current laws,
regulations, ordinances, Comprehensive Plan, and other policies of the City.
Section. 7. Notice.
7.1 Anv person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, give written notice of this Agreement to the prospective purchaser
or grantee, and shall give written notice of the sale or conveyance to the City.
7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written
notice within fourteen (14) days of any change in the agricultural, wildlife management
or timber land tax exemption status of the Property.
7.3 A copy of any notice required by this Agreement shall be in writing and sent to
the City via certified mail, return receipt requested, to the following address:
City of Georgetown
Attn: City Manager
P.O. Box 409
Georgetown, 'Texas 78627
Section fi. This Agreement shall run with the Property and be recorded in the real
property records of Williamson County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 1.2, Venue for this Agreement shall be in Williamson `:ounty, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 1.44, This Agreemem shall survive its tern mato;: to crane extent necessary for the
LmpiernePntation of the provisions Of SeC Ont s .5, 4, and ?'herein.
t
i {:f
rnrered into E is as of , u �- 2008,
O NER(S
Printed Name: Thomas C. Baird, Temporary Administrator of the Estate of Bettie Mack
Wolf, Deceased
Annexation Area:
WOAD R039930 ' ?3 g acres
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the clay of
, 2008. by Thomas C. Baird, Temporary Administrator of the Estate of Bettie
Black Wolf, Deceased.
m
Notary Public, State of Texas
— PAT lM lo. SIMEGE
i= . ##�[�rp Pg##t • 3Y�te of Tess
1: .- . ..
Page 5 oil 12
r
nnte e'd into. lhis day of t` + " P "" 20088.
r'rrintec game: Judy Dean WolV l
Annexation Area:
WC AD_R039930 73,4Q Facres
THE STATE OF TEXAS
COUNTY OF ASO rl J
This instrument was acknowledged before me on the
N3�j�'V i l 2008, by Judy Dean Wolf Hinclelang, Owner.
054,11111 1111111
•
2008 annexation dev agree Wolf 8039930
Page 6 of 12
day of
�,°.-ctered iT :.`.�, .£.,t'.ttJ``.�•.-'t�r��a;, ..�}� ff ��'"✓/�...�.��i!�tV1 `�;
OWNER(S):
Printed ?Warne: Susan Jane Wolf Robertson
Annexation Area:
WCAD R039930 731 49 acres
THE STATE OF TEXAS i
COUNTY OF W! 1 '; i amson
This instrument was acknowledged before me on the �` day of
2008, by Susan Jane Wolf Robertson., Owner.
a`"" PUez J=REMIAH HOI I Q
2
y Notary Public. State of Texas
I& Comm. Expires 04.18-2011
tlf
Page 7 of 12
ogoo
b ,
ow F
Name: J
Annexation Area:
WOAD 8039930
Wolf, Jr.
73<L9 Acres
Alabama
THE ST ATL OF TEAL I
COUNTY OF Montgomery'
This instrument was acknowledged before me on the day of
2008, bN- jay Leon Wolf, Jr., Owner.
Public, State of TOX* Alabama
2008 annexation R0399301
Page. of 12
0go, 2ooM3
lvntere•d i?to thi-
OWNER(S),
IFUJ+ MEWW +OWAYAW
Printed Name: Iv olf Mdl
Lac
Annexation Area:
WCC D 8039930 7 3.Ly Acres
THE STAVE OF TEXAS )
COL:�TTY OF Vji It *' 11
This instrument was acknowledged before me on the f)!�:; 41� clay of
2008, by Iva Wolf McLachlan, Owner.
JULIbA L RAUU- T
NOTARY PUBLIC,
STATE OF TEXAS
Y CO .EXP. 02/12'2011
71 -787 -5 -17 -77 -7 -anon oev agree 7M RUT�M
Page 9 of 12
i jiD. o
F
Exhnoolf i 3
Natrs� Public, State of Texas
s t.`.-rE'4.t ir`tto this a__` ups of <_3Le'' V: Eo
OWN EER (S) -
printed Name: James DmTid Wolf
Annexation Area:
WCAD 8039930 73.9 Acres
THE STATE OF TEXAS j
COUNTY OF t l i ��evq
This instrument was acknowledged before me on the
2008, by James David Wolf , Owner.
J
I.Ayp ,� i n
�P LAD J��
GRAVtZ)
a
ivu+aty Puuim, State at Texas
' Nay Ger mission Expires
M6HNea a _�
THE STATE OF TEXAS }
CO N1 7Y OF WILLIAMSON i
Notary Public, State of Texas
day of
THE CITY OF GEORGETOWN, TEXAS
By:
J
Printed Name: Paul Brandenburg_
Title: City Manager
This instrument was acknowledged before me on the
2008, by Paul Brandenburg, City Manager, City of Georgetown,
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Karen Frost, Administrative Supenrisor
=f87M.exavon oeve +
Page 10 of 12
X00V73
day of
Texas.
Comm.urity i�eveiopmerc
r
City r�_ veo�getvWn, Texas
I3 C. Box 1-458
Georgetovvr, Texas 78627
2008 annexation lev agree Wolf RO39930
Page 11 of 12
PROPERTY DESCRIFT ION
Page of
OCAD {.
HIBIi -
k
STATE Oa TEAS'
OUl° tti' OFWIL..IANI VI1ON
CIT" mit- G EORZGETOWN, TEXAS
CHAPTER 4� TEAS LOCAL GOVERNI CODE
IDEVEL0PMEINITAGREE11\4ENT
it22SAz,�l`�'t'.II21'Ili is E:'Iltt'.rE.':7 into pursuant tUSt'.c11U,'1 '�.J.UJ and�.�:..17"i.i.._ t1i deiekil
LOcal C C)4'errlln 'nt Code Dy- atld ilf t41'2E,'n the (.Its' o° L eory tmN I1, f! E tis the "City" ; un
the undersigned property% cm-mner{sj (the "Owner". i�he tt'rnl "Dwrler includes all
Owners of the r'n cep ert� .
WHEREAS, the Ovmcr own; a parcel 0 real prapert\ (tie "Property in tvillizlmsorl
County, //iexas, whiCC1 Is more articularly arid separatei.v Gescribed i1i the attidictCi
Exhibit ".e4l and
WHEREAS, the Property is currently -located in the extraterritt)rial jurisdicti Il Of tht
CJH,' and has bell al ?rl',sC'G rOr ad vied arc7iG t"ax L}urCOses as ;1TIC} I -or a`ri tl ttlrcil Or
tilVildlife manacrement use under Subchapter C or D, Chapter , 'i ax C C)de, Qr as ti_mbFel
land under Subchapter E of that cha4pter; and
WHEREAS, the City has bewrun title process to lnstitlite annexation rtroceC'_d n{rs 3P. all C)T
porfiions o the Froperry and, has held pLlbhc hearings can Septenli�er �, 2Ci0S and
S^pte:rdler ?J, 20088- and
i
k'fIEREAS, -le OV,'ner desires t{ have t?le' Pro r.)ert�' renicdn in the C`ih' s exti ftE'_ itorial
}Ltrls iCtl{)Il; II"T Ct)11sIC}''riition f, r v,?hick the 0� .vIn I' a`7'ee5 iCr eT:Ftf'I' IntO tt21s 1`,.?"E E Pl(21';
iinC2
WI EREAS, this AS, Trc'ement is entered into} pursuant io Sections 410 i and ?1?.l7 ;�;
the Texas Local Government Code, in order to address the clesir< s a the ()Nvner and tj1E'.
procedLTres of flhe Cit -v; and
WHEREAS, the OW °per and the Citi- acicl20G,liedge that this <Zyleemer t Is Ci;lCin upon
the Cit^_v and. the Owner and their respective succe sors an assif ns In:' the terup, (dezined
belo4l'j of this Agreement anci
I'' t s Development r cl s e.1 l 5^ to I F > > co d -s
��'��r�EAS, tll1.. .-i4 T�.C7ilc,lt I;i tL. �iE' P'tCOri`I. 1F the ��t'_d � Y<)�frl'tt' ��.E'.�....1".,:
Oil Williamson Count4', Te\ats at the expense of the GtW+.
NOW,
THEREFORE,
in coris deration
cli the mutual CC)l'enartts contained 1" ereirl, the
parties
hereto a¢ree as
follo;Wis:
Air uric r; D> , . vlc)rn n! re. n7 nt
flag: 1 Chi 5
Section i, Continuance of Extraterritorial iunsd iction Statin.
... 1 . I `r "if <Y �'>•" . T iii` �? ,� i j'i? fir•}• r '�'... ��� t� t .<r"n _.
l Cm,* guarail, Z�L e .oil uciti-f.. �. L. St � -. tit�.��'tt_1�Ic...1 -.c�;; ��, Let.. �-re
t j i� h, i ) 1�,��'.' litr ttiE' �.}iw.` all C'� il.s dil l?1:n «' iroITl L't\%
rc• ert;, its In,.,<<,ni , ,rom, aI I,.,;utio; _
prof eit\' is Xes, tOl" t.le t'rT Z J' }1'S _3 t C:_7Ti 7 i, sU i'2Ct Io rt 3( I7 C?Z :Si )i75 Csi 'I,
i.
A ar^ernen
T x�e It a S provide ecl ll? Ellis A zTree27Z 'Rt, the CItj' ag ?"ce* Ilot tCt 1I21' t e 1' I C7L7t'I t" '
agi"ees not to iliv0lLLntaT-i1v Institute proceedings to an ex the 1'r p �'t�s', a C! f"tlrt}ilii'
agrees not to incluic.e the 1 ropeft,V in a Stat`ut-Ory an-nexatIon pian for t'lE i'r n of tn1S
AgreeInerii 1 owevet', if the Propert1'' is anne\00 PurisUant to trice t! -'':'ms Of L iS
Acrreernerit, then the l..Ity Shall 17 C?vlE'e senrices to tle I' opertiv pi:rs�iant to t Ila tET J
of the Texas Local Government Code.
Section 2. Continuance of agriculture, Wildlife Management, or Timberland
Use; Prohibitiongainst Other Uses
7,1 the Q;hner Ct?Vei1G3IltS anal aQ,rees riot to use the PI'Opert ic?I' any 111 (1 other t1Zal?
for agriculture, wildlife management, anti/or timber Ialid consistent witll Chapter 20 )
the Texas Tax Code, except for any existing single-family residential use of ffifO Propert}
W iithoul tle prior written consent of the Cit!'.
12 rile Owner covenants and agrees that the Owner SNIll not file any type of
apps ation for a subdivision �7iat Or of or developmeni-related ihpproval fol" th
I'1rapert � IF
with william-Son County or the City until the Property has been ti n -hexed into,
all i zollec' b; , ,he City.
%. The `ivvner coveTiants and a`: `eeS not to Lx)nstn LiCt, 01 ailt?tV t0 [?e CiJIZStrUCtEd,
a y llLllld?.I1 S C?T1 the I'IC pE;"t;'that th'ouid reouire a nuilding permit if tele 1 operty were
IF I
in tale C:ty limits, until tile. Property has been annexed into, and zoned thy; elle (�S`it'. T112
Ov, ner also covenants and a(yTees Chat the City's Ate:—.�tir3C[€ltllre '.Olz nor il.5tl']
requireInents apply to the i''roperty, and that the Property shall be used only i"or AG—
Agriculture zoning; uses that exist ori that Properhi at the gime of the execution of this
Agreement, un,les otherwise provided in this Agreement. i 1c�t,�1e'r r, the C.)w.ler tna}
co StTUCt an accessofv Structure to an e\ist`1I3o single farnily dwelling in compliance wit?
all applicable City ordinances and Cosies.
.=F The l ill`iZel' a ti.l:l"tilt%'i['liges that eels' and i'i`<C\' c:%1';3E'I` OT t:11C I-�:"C?p%'.I
this Agreement in order .for the _ greement to tai e ft1 1 effect, AND THE 01•11 \'ER W?f-IO
SiGNS THIS AGRE E\ E.NT COV1..NA.INTS.=` ND AGREES, JOINTI Y AND
S.E ERAT T , TO INDEMNIFY, HO'LD HARMLESS, kND DEFEND Ti -`Ir C1 TY
AGAINST ANY AND AI.,L LEGAL CLAII�,IS, BY ANY 11F.RSON CLA11M.NG A
OWNERSHTJ INTEREST IN TF;E FROPF:PTY WHO HAS NOT S1,GNE=D THF
AGREENTENT, ARISI. G IN ANY 'AY FRO\'1 Tr -IE. CITY'S RE' IAACF ON THIS
AGREE\/1ENT.
SeCtioTi ". Effect of Certain Finn s or_ Actions.
:.! i`e1`n: 3Cf.I )iG'ieL?c S fila: LI i3n`,' urlt il(:ch )I, l0 Yi"ctt ie.�1C l li
�`!-7,,r Cat? ?t !t -ii -At1Ia.i,y
"o alml�r ^i
r "
iC\'E!E)pineP.t cis ttl[ l`I".sJertV iI Zrl()sltl7n a tll.'S r eill[` th'n LIi a'LCitl )n jC'• `nt
ki"3 s lit 4+ rfi It t.ke ,, such 3C1i�` t1':li Co?lstkt%tf is D 1% -Ion 1'.or vmunt-ary ail
tne'Lt41';t'..i, 2llii isle property 11'lll be s)ubiec l0 afnnex%ciuon a! .:ie 10iscrerio Ji n(2 M
�Ot':nCil. 111E 4}Ch'Iler agrees t:1di S i trt cl2lneXL1t10I1 Sillll ie VC)l I21iirC' cTlrl tllE' L1VC'
11erern, Conscntl V to SuCh artn1 xaz lon as thoL.oll F.,et-iihE R fo;" suCh an lE'.xat7C Il i13G heep
tellcler xci by the 'Uvmel..
3. If annexation proc edillos begin pursuant to this ectiol:, tllE' C'\'IIEr
r ,' 2. .� F h t CJr _ '+"t Aserves x ` r I e t ,"t r.
acknoti� "e -, a .s ,h�.t tni__ cr ee� 1�ilf as as exception to . ,)ca: Government �)ci '
,;ei't;'.Ti �:`V') requiring a nlun:iclpalitl to use certain slat-utolV pi-oCE'dures under an
<lnn�'XaT1C3T1 r7iZri. Furtherin.ore, the �?1� ner nerobv waives ally 3ilt�l.. al.l vE'SieC� 'IV C'11110
C'11110
Claims that the�7 MCIV 1-tave under SeLt[oI. z:) 002(a)(i) anc� Chapter �. c . Ile J ,<., uocaf
1..7 (i lJ,'I'Il llle7lt Cotfe illat would Otn,V IscEXsiC1 �Cvn EI11s t1k:3114, ' . by sCyt
in violation of SeCtioll 2 heIreill.
Section 4. Enforcement of Cite Regulations
4,7 Pursuant to Sections 43.03 t(b)(1)(�i of the '1exls I c�cai Crc)1'eltl nen Ccxae, the
1`ih! 2s auttlo rI.Ze_d, to enforce all of the Cit')' s re�L,.afI0I1,S art Ci I iannina and tit\' iilat do
not mat rlally injerferC yvith t1l Ee LISe of the Froperty for ap;riculture, -tivildllfe
?71�It E'.iTient,+0?" t?I71hrc'r, ill the scilne Mann 'r fiU ll I'£yLl.latltlllS ar+ e71tC)I'Ce4i Ct€ttlLl the
CItv's boundarie, .
t.� i le City stales and specifical y re.srCrves its ai-Ii orit"y pursuant to `�.i1r"zpie 251 o'
t.il tE «ti
Local l ovE'lnmcnt Code to exercise eminent domain overmI'C)p+crfV til2f 1s
SLibleCt to a Ctrs pte 43 II1C<,'C)I' Chit1 tC t' �' Cle1elC)pI11EI1t�reelnE'Ilt.
Section 5. Term; annexation On or After the End of the Term.
.i ine term of this Agreemenet (the "Term") 7' fi teen NC?) vears f?Ciin the life fllaf
the Citt' Nelanage''s sicyP?attire to tlisacl noNvle.Mve l bC' a ptI'LILIC it{)t.al'}',
Li71ie5s SC)Oil r IeI n1 11ted aS prClvlded for in Section 3, above; r iF the I ropert�' no lC3nr�Cr
has an exE'nlptlon from aa-valo7en, taxes for agricultural,S1I C"i e man.agEInE'Il'i, or tiIni7Er
an d. If this Agreelment is terminated beCause the PropEert r1 > l(7I1 eI' 1135 all exC,iir) )n
ej
froth a. Lti?LC)7'C'7t? taxes f C i` a gric-.Iltiir al, wildlife IncanaL'E nleSi}, O t7I]liier land, then til.'
e.ffec Live C7ate of such termination shall lie the effeCt-iv ' date o SLICh C1=an(YEl ill exemption
status for aa' '-valo7'G71'1 tax -purpose's.
I. he ONA-, ler, and all of the Ovvner's heirs, successors and a ssi`sn" c;ha i be deemed
to have file a petition for voluntary annexation be]ciI' the E'n0 C}1 the �^eA I fC)r
annexation of the Froperty to be completed on or after the. Ili of the `I erm. '; it)r to the
encs of file Ter Ill, the City may con-imencQ the voluntary at171EX; tiC)Il of the I'ropE'.rtI'll
connection 4t"I :II 1llnexaTIoll pUrSLi�llt tC) tlil.s S2CtlC}n, file oto/vnelrs herE'.t?C' waive any
vested r orhts thele 1na;y have under Section 41002(a)(2) and Chap t;xr
24 f the Texas
?.nnexetioll )eveloptnent Agreemcnt
VVV
EX Rl
I .�.«.•nr a 'i-'"
ti.4.� ?Tit i
'L OC1C
i i 7 +'t r�n'<.T.r ^�5�. �'}` t :�. ' ,t.f_5 C): ar; 'r' :.3ui
t l T4 0 lv Gt. �w iS
:�.r �LT_'�,`_^r t_...ut3 C+h
is
.
all �,
�} CYC
of t.h ov%m 1.
l 'i i G- !`s ,.�` F G.t n `z i 'I 0
av initiateci] 'irt. the am b �.tln ccn f1? xp,rat_on t .
j- 1. t'r
,l.
c?rlC.i
tn.l LIlSZIt'atiC)n
of 3ann4?:.rl. io^ ;I oce'Cii?irs 't7v t1t'...,F'i,
is
�eCti[ir b. Zoninor
tri y) d-
caP_nexed .-ti::=5iii7ilt _O ii11
Ig,ric ?itu e pLIrSUant to iile "i - iJ1';.iii d Dcwelor)rilel11 Ct)0e-
6.-
ki'ner mat' Hic ar apy�ilCat?oIi 1'or I?t)ft?Ul, LC)TIIn`I claS cfI atTOTi, a7lo <lilt' SttC;i
appliCatlon s -)a11 be re�'1e1.ved and considered In accordanC.e. 1471fii IC then-curren,
rf' !liar ons, orC7 ilanCeS, �oinpr"eiTeilStVE' Plan, Title: o'i1? 'r� }i; CieS Cl, t1?t
Section r. Notice.
!.i _1i15 person t,'llo SCIiS or Con;'evs ariv pC)rtioi? of the 1110r)ert;? ST. r7rior to SuCn
SAIL or COilVF1%anCE, Il%[ l=�'?Itt Ii notice of this rl�?'eF?I71e71t t0 the }inS� 1 11 1 I1L12"CilaS'
t
C}r Slrctrltee, and shall give t,N7?tten notice or the is?1C or CC7rt�+EVailCe. to E11e 4;TV.
`caner and the t,)wmer's heirs, succeSSe)r Ei7?C? c?SSI`rns shall cl—ive the t..t t\' t't'rlft'`ii
I?otic o Vd}thin fourteen (14) Ciays of anti change hi the ayr cu ur?1', -wildlife manac% erne nt
or timber land tax exe.rnpLion Status Of rile PrDpF rte'.
I . A cop ' of any Ilotice reayui.red b this Aareem. ,Cntt shall be in v1'r7ting and tient to
U -1e Cit?' via Certified t ails, retun, reCeipt requested. to it?E f0ii:?l�'ii?g ill:r'.cr;
,4 T Of LTE oI'1 (iC8 ,
Attn: C:itt' Nda naaer
Box .'3g
C;eC}ryet0wn, Texas 7 862
Section O, 7Ns Agreennent shall T -un ih'ith the l ,o,'Teril' and ne reCoreieC! in t1he real
properh reCort s of VVill.iamsor, Countt�, "Texas.
Section , if a co -Lin of coin pe ent j'al s'1?Ct1o1? OCterM nn that aI11` C'C) 'ellaf?: t i t111S
;Ceai!rgreeTeni IS void oIUlenfolceable, ll:ludino the Cole7lTIli%C?;L+]1t1r1
arLnexatlon, then the remainder of thJs oreeinent shall reina n in full force anti effect.
Section 0. `l'i-lis AcTreemenf nmay be enforced by irw Owner or the Cite by amt-,
proce�=dingy at la�� or i.I3 e�uit�.>. failure to Lio so shall no; «� cic3c:neci a Gs a i er to :i�ic)r' e
the provisions of this : i` I"e@Incl? MereafteI'.
Section 11. leo siibSequent cl?anye Jr) the la1-t' reoard.ing ari-i.exatiori Shall atfeCi the
nforceabllit�' of this Acrec'i71ent or the l..ity's ability to, artnex the pro;")erties covered
herein? ,lursua-nt to the terms of this A zreeme-nt.
Section 12. venTae for thjs Agreement shall be in Willia_nS-on County, Texas.
Section 1]. !ills AgreerneIlt maV JC SC'paratel CxeCUteei 2n individual counterpart's and
upon execution, shall constitute one and same histrument.
o .:
i4'CtL^�Tt S
_ ,. t iC., -tom f ,1pic- � Ci ' Xtuilf:: o ( _.moi ` , f t., =
I,ate �1 �U_C I , t C : lLro?3
.u.1 % C� t.)
Ol':IIE rr v1 sion5 Cts _`i�Ct:CII�c t, an
t
GI a i:iltu C1i,: �k Licci1'
VY'@r1@3.:+Ri.ii_
DRi lY Y' J.
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Til itCU � t aI21�.c. -,� c�, �.
Y f_.
Printed' Name:
��� 4:vx .. Mme„ J v .._. �... h t �• �l�T"....
13:"311tECt 1<I?E':
Printed Name:
TTHE 070 OF CTE.N RGETOINTN; TEXAS
�T1IlteC. Narno: Paul BI'cl.'.1C3£',71burt?
Due: cit�; Manager
N " F P 177 f 'ID;
Tg£ 2 OF 222«3
C0'N�V ! 1 593
@ as m t « a 20+@6 3 S± mem me
,20 .5y ,Sw 11r
Not61d State ' x
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C9d&n`OF }
2s 6. Dm f m ac a r4 d beds n the
9 ,
,»»U% b .w.
Notcil Public, yamsC\aSl
TSES!«T3 01±3&&3 )
C UVITY 01-
inistrumont& a m @dyed before me on t o
yot2l b ,State T 6
THE STATE O£" d«S !
COUNT OF l
This 6 u e t wos a.-knoNvIccicyed t 2 me on a e
o 20081t Owner.
Gomes 2uE2« ya« ' x
F \#40Sf^ƒ/
day a
3:y A
Jay of
T';?1 instT_ IL12 en, wast ackn ?�•�%iE?C geo. t'efor .:itE' J ? !' 1�
200S, ov 1aul r311 2E'.1��ti"z1 City Ndarta4F'P' , 'itt'
Notary Pul lic, State o; 1 exas
11FTER. RECORDING RET -URN TO:
Kal'€'_t �. frost, AC?.It mist atilt'. .ILSS:Stant
(-1urn T1:11nihr and DeN%Lli.ipTiler t Se\4CE'S
Citi, of Georgetown, Texas
I"I.D. Box 409
Georpotown, Taxas
2 IC�Xall()11
C
day o
EXZS.
u
V/Z 4
'4t
'L
:i[
Propertyi
;,yam.v � September 17, 2008
TEXAS� •
8315431
Deed Ref.:
Legend
'^• Siie ((a� M Number Noted',
gg Cunene CiEV iemits.
Rat
:rrolvfIV 13rie
0
ci
�f
f4�
Isle
:.'nisi Body C,ihi:Ni,rnle'vsst^rar
7ecas S2 a C4 �riif'r�Pnc 2unC7tVf � h� dS Fiei
(:ancsrsaMc Paan For CrneraLPkaaninF,Pur{ vo Uxel4
Exhibit D
I. INTRODUCTION
CITY Or GEORGETOWN
.^�"-s.�'l F'R'?'XA TIOlx SERVIi°C.TE PLAT`:
AREA No, 2
A�OTT Tr^Tr t' mr} /'gym CYT o-
��zcr� ✓Is i taI r i�
DATE: DLICIL BER s"1, 2008
his Service Plan (the "Plan") is made by the Cite of GeorgetmAm, Texas ("City") pursuant to
Sections 43.056(b) -(o); 4nm
3.062, and 43.052(h)(i) of the Texas Local Government Code ("LGC").
This Plan relates to the annexation into the Citv of the land shmvIll on Exhibit "A" to this Service
Plan, which is referred to as "2008 Annexation Area NW2". The provisions of this Plan ti/vere
made available for public isnspection and explained to the public at the t%1ro public hearings held
by the City= on September 9, 2008 and September 23, 2008 in accordance with Section 43.056(j) of
the LGC.
II. TERM OF SERVICE 'LAN
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 Cite Council and must be accomplished by Ordinance.
III, INTENT
It is the intent of the City that municipal services under this Plan s11alI provide municipal
services in accordance with the timetables required by the LGC. The Cih/ reserves the rights
guaranteed to it by the LGC to amend this Pian 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 unla«rful.
IV. CIATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1)
available to the armexed area immediately upon annexation; (2) those services which will be
available to the annexed area within 21/z years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
41//2 years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
.Annexation Service Plan for 2008 Annexations Page 1 of 13
.area Nw2
oaza
i
For the purposes of this Plan, "provision of services' includes having services provided by any
method or means by which the Citv provides municipal services to ane other areas of the Cite,
and may include causing or alto\vin` private L ti'ilt]eS, OvernZTlental en"ties, a ld other mut
Service Organizations to provide such services b5' Contract, i1 �h' foie Or 1n parand n,ay liiCltlde
duties on the part or a pri\'ate'lanoo�tN'ner with regard to such serviCeS.
In addition, in accordance with Section 43.056(8; of the LCC, if before annexation the arLnexed
area had a lower level of services, �intraStructure,. anu infr asi ucttl'e maintenance tfta i the sarne
being provided by the Citi- to other areas within the City limits, this Piaiz s12a11 be construed to
allow for the provision to the annexed area of a level of services, mtras%tructure, and
infrastructure m�ail.tenance that is comparable to the level of services, infras ructure, a d
infrastructure maintenance in other parts of the City with topographv,'and use, and population
density similar to those reasonably contemplated or projected in the aluzexed area.
V. SERVICES lila BE PROVIDED UPON ANNEXATION
1. Police Protection —Upon annexation, the Georgetown Police Department will extend
regular and routine patrols to the area.
?. Fire Protection and Emergency_ .Medical Services— Upon aruiexation, in the areas
where the Citv has jurisdiction over fire protection and emergency medical services
or a contract under which the Citv provides such services, the City of Georgetotim
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergence response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas 1.vithin the City limits.
3. Solid Waste Collection — Upon annexation, for occupied structures, the Citv will
provide solid waste collection services to the annexed area in accordance with City
ordinarices and policies in effect on the date of the annexation_. Ho�,\°ever, 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 Citv is prevented. from providing waste aste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility - City -
owned water and wastewater facilities that exist in the a��nexed area vTill 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 Cittr 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 Lri the UDC or referred to therein
have not been complied ihrith in full.
Annexation, Service Pian for 2008 Annexations Page? of L
Area Nin'?
o KD® a 6 4
�. Operation and Maintenance of Streets, Roads, and Street Lighting - The Cita- will
prop%ire preventatIve maintenance of i -I. exlSLMg public streets and. roads L1 11e
armexed area over which it has jurisdiction through maintenance and preventative
mair'itenance services suCh as emergency pavement repair; ice and snow rnonitor7uig;
crack seal, sealcoat, siurl seal, and P 1 overlay; and other rout ne repair. ine Cit;
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a Cir -Avide basis and scheduled based on a varier`.-- of
factors, including surface condition, rideability, age, traffic volume, functionaI
classification; and available funding. As new streets are dedicated and accepted for
maintenance they AnTill 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 Citi- shall not repair, maintain, install or provide anv 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 Citi' of Georgeto«Tn that adequate street lighting for the protection of
the public and property be installed inn all new subdivisions. Installation procedures
and acceptable standards for street lights shall be governed by the utiltT 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 anv) will be operated and maintained by the City in accordance
with the Section 1220 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, playo-rounds, 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 SenTices
- Should the City acquire any buildings, facilities or services necessa17' for municipal
services in the annexed area, an appropriate Citi- 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 Develo=ent Services; Building Permits and Inspections - Upon
annexation, the City's Unified Development Code and Title 15 of the Cite 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.
Annexation Service Plan. for 2008 Annexations Page 3 of 13
Area NT N
opo, Xoog�?3 i°
10. Animal Control Senlices — The provisions of Chapter i of the Cite Code of
Ordinances relating to animal control services shall apply in the annexed area.
11. Business Licenses and Regulations — lne t�rovisions of Chapter 61 of the Circ% Code
Of OrdinanceS reiatino to business licenses and regulations (Carnivals Circ-ses arid,
Other Exhibitions; Electrician's licenses; Gross receipts Charge or `fleet penia!;
P eddlers and orI axiCabs, Muses and Othei �'eI17.des for. HJ P; Horse Lira h n
Carriages and other Yvon-.1\4otorized VehiCles for Hire; Sexually Oriented B �.rsirle.=se-
and .Alcoholic Beverages) shall apple 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 �� elfare -- The provisions of Chapter 9
of the Cid Code of Ordinance relating to peace, morals and welfare (Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall
apply in the annexed area.
Irl. SERVICES To BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements necessant
for providing municipal services for the annexation area as necessary for services that
are provided direct'v by the Citi
Z. 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 ariilexed area that were served by a furictioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 1320 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may coritinue
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 an;% property zn the annexed area, the provisions o Chapter i3 or` file : DC shall
appy%. 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 of this Plan, which may require that the property owner or
developer of a newly developed tract install water and wastewater lines. The extension
Annexation Service Plan for 2005 Annexations Page 4 of 13
Area NW2
of
of water and wastewater services will be provided in accordance NATith the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the Ci�,T.
�. Water and ��%aste��Tater Capital Improveanents Schedule — Because of the time required
to design and, construct true necessary water and wastewater tacilltieS tv 5er Je M le
a inexed area, certain services cannot be reasonably provided within 21h rears of the
effective date of annexation. Therefore, in accordance Sections 43,065(b) and f, e'? of
the LGC, the Cite shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capita]
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
? Nears from the effective date of annexation and will be substantially complete within 4
years from the effective date of annexation. However, the provisions of Section DTII of
this Plan shall apple 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 tine Cit-- 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,
y owner or developer install roads and streets at the
which may require that the propert
property m1mer's or developer's expense. It is anticipated that the developer of new
subdi'�Tisions in the area will install street lighting in accordance iATith the City's standard
policies and procedures. Provision of street lighting will be in accordance with the
Citv's street lighting policies.
S. Capital Improvements for Other Municipal Services — No capital improvements are
necessary at this time to provide municipal Police; Fire Protection; Emergenev 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 ne�%17 or expanded capital improvements and evaluated on the
same basis and in accordance with the same standards as similarly situated areas of the
City.
VII. FORCE MAfEURE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure vents 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; i^Tar; blockages; riots; strikes; epidemics; forces
Annexation Service Plan for 2008 Annexations Page ; of 13
Area NV\`
09D. - 0 i ��
of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
drouchts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City: wnetler siYniiar to those enumerated or
other«rise, which are not within the control of the Cite. fine deadli yes or other
prOvlslonS of this Plan, that are affected by a orce Majeure �vertt Sha11 -be autC?nlafiCall�'
extended to account for delays Caused by such Force Majeure Even t.
?. irl aCCOrdailCe wltn �eCIIort 43.��b e11 ) OI rile LGC, t111S Plan anC t! SCYleauI IOl' Capital
Improvements necessary to provide full municipal services to the annexed area may be
amended by the Cita- to extend the period Tor construction if tie construction is
proceeding ��Tith 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 tilrith generally accepted local engineering and architect7aral
standards and practices. However, the City does not violate this Plan if the construction
process is interrupted for any reason by circumstances bevond the direct control of the
Citv.
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 lam=. Section 43.0560kl of the LGC provides that if the Cit -v Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
ay amend rile Plan to conform to the chal2ged conditions or
obsolete, the City Council m
subsequent occurrences, An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before anv 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. Ali City fees are subject to revision
from time to time by the Citv in its sole discretion.
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.
;-iowever, this is a summary of the currentpolicies, and the policies and regulations related to
water and wastewater utility extensions that are included in the Cit- Code of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual; Drainage
Annexabon Service Plan fol 2008 Armexations
Page 6 of 13
lvlanual, 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 Citt-'s unified
Deveioprnent Code
"LTDC") shall appl7 in the annexed area
and
Chapter 13 of the Cita-
Code of Ordinances.
Portions of It he current Chapter 13 of
the UDC and the current Cl,Lapter
13 of the Code of
Ordinances are summarized below.
Note
that these provisions
are established by
ordinance of the Cite- Council and are
subiect
to change from time to
time.
A. The Cite shall not repair, maintain, install or provide arnv water services,
wastewater service, gas, electricity or anv other public utilities or services to any
propert , that has not been legally subdivided or is a non -legal lot.
B. For property that is required by the City's u'DC or other Cite 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 ivater supply
s,rstem, for fire protection and domestic,' comrnercial/ industrial usage consistent
GATith the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case
I
ess 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 Plast, 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 collection main or outfall line is ii�r no
ease less than one-half mile away, and connection to the system is both possible
and permissible (Including adequate system capacity), the Subdivider sh all be
required to bear the cost of connecting the subdivision to such existing sanitary
sev er system.R%here an approved public wastewater collection main or outfall
line is more than one-half mile away from the properq 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 PropeT`tvboundary within five (5) years from the date of the
Preiiminary Plat approval, the subdivider shall be required to install a public
Annexation Service Pian for ')008 Annexations Pale of 13
Area NW21
iil
wastewater collection system, The design and construction of a public sanitary
sewer system shall comply with regulations covering extension Of public sanitary
Se�i'er SvStemS adopted vy the 1e>cas COrnInISSIOIt on rnt%Iron2Tlentdl'i alltZ
All muds acture and publlC ImI..?rOVemeritS IliltSt be Cte51 led a ld I SLalI it
acCordance with all of the elements of the Comprehensive Plan and Shall meet
the minimum requirements established by T UDC, the City's Construction
Standards and Specifications for Roads, Streets, Structures and Utilitiesand anv
If
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 Citv's Construction Standards and
Specifications and to operate on a gravi+-v flow basis by taking advantage of
natural topographic conditions and therebx% reducing the need for lift stations
and force maims.
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 Citi%'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 Cite water or wastewater
facilities and capacity fronting the property — the owner may receive water or
wastewater service from the Cite by applying for a tap permit and paving the required
I ees.
4. Zf 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
If
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 oxvner has received nohficatior, from the Ci �.T of the Ci �r'J�
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 s�%stem that are not in a Rural
Residential Subdivision , or are not legal lots greater than one acre in size and used for
Annexation Service Plan I 1 2008 Annexations Page 8 of 13
Area NW 2
OADO 2009® ?3
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 flan shall
continue the use of a septic system until such tqnpthat the use of the mroperM hanges.
the property is further subdivided or developed, or a public sanitary sewer 111-1e has peen
extended to within 200 feet of the property boundary and the property oN�Tner has
recelvecl notiticatior, from the Cit,; of the Cilv'S cieszre for the property to be Connected
to the public sanitary sewer line.
Reimbursement and cost participation by the Cite — 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.
T'ne actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. Citi -Code of Ordinances: (The following provisions are set by the Gh Council and can
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
Section 13.10.010 police established.
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 systern, wastewater system. reuse irrigation system, and stomiNvater
drainage system.
Section 13.10.020 N stem Planning.0.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for grovv-th 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 75% of current
capacit-y and future
demand
is expected to exceed the
current total capacity.
Annexation Service Plan for 2008 Annexations Page 9 of 13
D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current Cariacitv and future demand is expected to exceed the
.
anent total capacity.
F. PrG, eCts rewired to facilitate the development of a specific Tract shat; be done in
accordance with the Unified Development Code.
1. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service Plan 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 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.
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 (Trowth,
2) maximizes the provision of service to the service area. 3 i 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 mai-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 Pee or connection fee reduction or waiver.
Chapter 13.20 of the Cite Code of Ordmances currently provides as follows:
Sec. 13.20.010. General.
A. It is unlawful for any owner or lessee, tenant or other person in possession of any-
premises
nypremises 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:
Annexation Service Plan for 2005 Armexations Page 10 of 13
Area NW2
i i
1. 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 sucl
facilities: or
2. connection to a public Ceritrai?ZeCi ti'astewater C011ectioi7 .21aLi vl7ith all
wastewater discharged to a centralized public wastewater collection
SVSierii.
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 connect such
futures to an approved wastewater system, and to maintain the same.
See. 13.20.020. On Site Sewage Facilities,
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 sendcing the property, or the date that is five
(5) years after receipt of notice of the avallability of a wastewater collection main
within 200 -feet of the property line.
C. Failure of On Site Sewage Facilitv. '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 gravit>> 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 Chanters 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)
Annexation Service Pian for 2008 Annexations Page 21 of 13
See. 0.20.030. Privies prohibited,
It is unlau-ful for any owner or lessee. tenant or other person in possession of any premises in file
City to estabiishl or maintain any privy Or dry closet.
Sec.13.20.040 Luvv pressure Seer Systems
>. a "Lmv Pressure Sewer S\Tsiem" 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
.
rl urit-of-way.
E. 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.
Section 13.20.050. Prohibited Discharges into Sewer System
No person shall discharge, cause to be discharged, or permit to be discharged either direetIy 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 desigynee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13 24 of the Code of C?rdinances.
E. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or
yard drainaa.e:
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. Anv holdin6 tank waste, provided. that such waste may be placed into facilities
designed to receive such wastes and approved by the Citv Manager,. or his/her
aesignee.
Section 1.1.20.060 Sewer Systern 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 in the building and the service lateral between the building
and the point of connection into the public sewer main.
E. For properties with low pressure service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the
Annexation Service Plan for 2008 Annexations Page 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
sewer mai.
C. 'When., as a part of sewer system testing. the Cittr identifies a flaw in, a private
S eiTY the iai.er al or 1tJr l.e �llal.n''ll ere a repCL?r. iJ tlel:e J.S Q.r �, Lc � pre`4'erlt :r1211tr Q.tl in. %
inflo" the property owner and utility customer shall D responsibJe to cause the,
repairs to be made within one (I) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City. Citv may
engage the services of a contractor to make the necessary repairs with the costs
for such repairs to be paid b�' the City and subsequently charged to propem'
ovqier and utility customer.
Annexation Service Plan for 2005 Annexations Page 13 of 1.3