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HomeMy WebLinkAboutORD 2008-74 - ANX Area NW4An .Ordinance of the Cit -v Council of the Citi, of Cseorgetovvn, Texas, proN'icn ng for the extension of certain boundary limits of the Citi' of Georgetown, Texas, and tine a ne`-:.abort of certain termor., consisting iiia single ianct P rCei In VV'inRobex s SurvaN, totaliln approxaranateiv . acres, loCated west of .1i pvi, s��oad, and souL and east of Berm Creek Section 3; and including an-Proximaiely 1.9 acres of ROVV for Airport Road, referred to as 2008 Annexation Area NV 4, as described. in Exhibits A and B of this Ordinance; which said territory- lies adjacent to and adis the present boundary limit of the City of Georgetown, Texas and not being a part of any incorporated area; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. A'hereas, the City of Georgetown, Texas is a home rule municipal corporation; and tAJHEREAS, the City Council of the City' of Georgetown, Texas,, may under the Charter of said Cit-\$, Section 1.06, annex areas as allowed by State law; and Whereas, by Resolution No. 071205-P, the City Council adopted the "Policy to Guide the Planning and Procedures for the Annexation of Territory into the City- Limits of Georgetown, Texas;`" and Whereas, pursuant to said Police, the Cih, Council identified certain areas for which it desired to initiate annexation proceedings in order to bring said territories into the City limits; and IA'hereas, ti2e City Council on August S, 2006, by Resolution. No. 082206-S adopted a revised priority annexation area map and directed staff to bring said territories into the Cite limits; and A'hereas, the Cit -v Council on August 12, 20051 by Resolution No. 081208 -BB adopted a revised prioritv 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 Cite Council conducted two public hearings on the proposed annexation on September 9, 2005 and September 23, 2005; and Wnereas, all of the herein -described property, lies within the extraterritorial jurisdiction of the Citi- of Georgetown;, Texas and not within any incorporated area; and Whereas, the herein -described property lies adjacent and contiguous to the Cite- of Georgetown, Texas; and 2008 Annexation Area 1VV174 Pac e 2 o;" 3 Whereas, the Section 4.03.010 of the Unified Development Code provides that the initial zoning classification for nellTly annexed properties is "AG" agriculture; and A7nereas, all pr ereQu sites ror annexation aJ Set tort' n state lair' and the City G,liarl na �e been :omph&Q With; Now, therefore, be it ordained, bv the Cltv Council of the C itv of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are herem, round and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The Citv 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 communit�7 character, demonstrates soured stewardship of the environment, and provides for efficient provision of public services and facilities as the city expands. 'olicv Statement R.B. Establish criteria, ta?Agets anc? ttmetabtes {or the annexation o; II unincorporated "pockets" into the city. and further finds that the enactment of this ordinance is not inconsistent or in conflict with an�.7 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 Geargetown;. and posted on the City's internet website. B. The Public hearings were held on September R, 2008 and September 23, 2008, each at 6:00 P.M. at the City Council Chamber, 101 E. 7t'l Street, 7 8626, 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 aNf ailable and explained at the public hearings as required by law. D. "EJ:hibit C" 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 " Ext'2.ibit A," and shown in "Exhibit B " which is within the extraterritorial Jurisdiction, not part of the incorporated area of any jurisdiction, and adjacent to the City limits of the Cit�r of Georgetown, Texas in Williamson County, Texas, and said territory is hereby annexed into the City for full purposes. Section 4. The area described in "Exhibit A", and shovrn in "Exhibit B", of this ordinance, is included in Citi- Council District 5. 2008 Annexation Area NIA74 Page 2 ora Section 5. All ordinances and _resolutions, or parts of ordinances and resolutions, in conflict �-�r rh's Or roan e ai`e rlereLiT' rep 2aied, and are no longer o+ ar a' force and eftea Ali 1.� Sectlor 6. Of 'f an > i rovisiox this 1 ordinance iii o a rel lJ. V Z.�. a i.J `r}i G r k / i�n.�� Ie lc �- soi v i. �..� �x i � circum lance, steal: s b e 1 e -' lu in ,Ta id such ui� at idinv shat fe net affect the o nes` nrovisi= o~ application thereof, of this ordinance NA hich Can be given eftect C1 iwout me. In Valid prGVisioi" or app tiCalioi�., and to 'UhiS eild the ?rov;SlonS of this or J lnanCe are hereby de l red t be seg erab .e. SeCt1021 i The �layO.r IS hereby' authorized to sigri tn,.s ordnance and the Citi SeCreLarl to attest. This ordinance shall become effective and be in full force and effect in (10 i ten dans on and after publication in accordance IAT ith the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 14th day of October, 2005. Passed and Approved on Second Reading on the 9th day of December, 2008. Attest: 4 LZ s .Ja e Sandra D. Lee Cit.7 Secretary Approved as to form: fLo r - Patricia E. Carts CiteAttornev 2008 Annexation Area NiATA Page 3 of 3 The _itvo� George Garver Mayor EXHIBIT _It Rr, r S���X".' B a -n io. at the StVt.�.EYeS. si o )rne o a ca'di ed.,�.. ( �••K�rt. I�.L LLv 6. 'i and GlJnv Y�ed }. iRy !.. i,Y 1. 11PMAl4 /UNr� LI'i ti ih..'1. M. tai ; 1,z MA_ 4. asclesCnOtair.h S C- {- N V . 21\f 00 489f kl - e-' 4.n.._ Cifcial Public Records of rilliasnso Co~t_ty, Texas, same being the southeast corner of th remnant portion of Lot 1. Block B. of BERRY CREEK SECTION I R� 7F, a subdivision as recorded in Cabinet H, Slides 3f18 4 3119 of the plat Records of Williaison County°, Texas, same being on a point in the westerly right-ol=way line of County] Road 190, also knowTn as Airport Road, same beim on a point in the southerly- boundary lire of City of Georg: town Annexation No. 96-53, THENCE proceeding in a northerly direction with said southerly boundary line of City of Georgetown Annexation No. 96-53, sarne being with the easterly boundary line of said remnant portion of Lot 1., Block B, BERRY CREEK SECTION THREE, same being with said westerly right-of-way line of Airport Road, to an ankle point in said: easterly boundary line of the remnant portion of Lot 1, Block. B, BERRY CREEK. SECTION THREE,, same being the southeast corner of Berry Creek Boulevard as shown on said BERRY CREEK. S EC Z ION i. �S REE., THENCE proceeding; in a easterly direction with said southerly boundary line of City of Georgetown Annexation Na. 96.53, same- being; through (across) said Airport load, to the northwest corner of a called 382.15 -acre tract of land conveyed to JOE L. LYI .x S, as described in Document No. 199932320 of the Official public Records of Williamson County, Texas, same being on an angle point in the easterly= right-of-way line of said Airport Road, for the northeast corner he THENCE proceeding In a southerly direction with said southerly boundary line of City of Georcetown7 Annexation No. 96-53, same being with said easterly right -of wav line of Airport Read, an in part writh the wester] y'no undary line of said 482.15 -acre 1,YKES tract, and in part with the westerly boundary lute of a called 11.218 -acre tract of land conveyed to the City of Georgetown, as described in Document No. 2(1( 4076352 of the Official public Records of Williamson County, Texas, to a point being an angle point in said southerly boundary line of City of Gecxrgetovai Annexation No. 96-53. same being the northwest corner of City of Georgetown. Annexation No. 86-56, same being the northeast corner of City of Georgetown Annexation No. 86-58, sane being: an angle point in said westerly boundary line of the 382.15 -acre LYKES tract, same being on a point in the approximate centerline of Berry Creek. for the southeast corner hereof; THENCE departing said southerly boundary line of City of Georgetown Annexation No. 96- 53, proceeding in a westerly direction with the northerly boundary line of said City of Georgetown Annexation No. 86-58, same being through the interior (across) said Airport Road... same being with the approximate centerline of Berry Creek., to the southeast corner of said 5.73 -acre SHIPMAN tract., same being on a point in said w-esteriv riaht-cis wav line: of Airport Road, same being on a point in the northerly boundary line of a called 5.65 -are tract of land conveyed to MICHAEL E. MERSIOSKY and ROBBIE G. MERSIOSKY, as caescraoec in Document 170..200601 � 3 of thre ��rrlc.at �'ubaac l�ecorGE cif °�'a?aaaa: son �,ounty, r e <i:as,. i.H 14CE CoratlriLai?a in i westerly' 1reCtiii,:a fat Sa no3 trier kr l oundal 1 lin os" Georgetown Amexation No. 86-58, same being with the southeriy boundary line of said S.7 =- acre SIMPIMAN tract, same being; With said approximate centeln'ne of Berry Creek, and in part with said northerly boundary Mine of said ME,ERSIGSK g' tract, and in Part with the northerly boundary line a called 1.9971 -acre tract of land conveyed to ARLIS J. McNEMAR and BONNIE McNEI AR, as described in Document No. 9Oilc)O 7 ofthe. Ofticial Pubii;. Records of Williamson County, Texas. to a point in said northerly boundary line of City of GeorgetoxAm Annexation. No. 86-58, sank being an angle point in said southerly boundary line Gf' City of Georgetown Annexation No. 96-53, sane being the southwest corner of said 5.73- acre SHIP AN tract, same being on a point in saki northerly boundary' Brae of il�c McNEMAR tract, same being the southeast corner of Lot 8, Bloch C, RESUBDIVISION OF BERRY CREEK SECTION THREE, a subdivision as recorded in Cabinet K Slide 144 of the Plat Records of Williamson 'County, Texas, for the southwest corner hereof':, THENCE;- departing said northerly boundary :line of City of Georgetown Annexation No. 86- 58, and departing said approximate centerline of Berry Creep, proceeding in a northerly direction with the common boundary line of said City of Georgetom-i Annexation Nd. 96-53, with said 5,73 -acre S1J.lPMAN tract, and with said Lot 8, Block: C, RESUBDIVISION OF BERRY CREEK SECTION THREE. to the northwest comer of said 5.73 -acre SHII'MAR{ tract, same being the southwest corner of Lot 9. Block C, of said. RES UBDIV ISION OF BERRY CREEK. SECTION THREW, for the northwest comer hereof, THENCE proceeding in an easterly direction with said southerly boundary line of City of Georgetown Annexation No. 96-53, sane being with the northerly boundary line of said 5.73 - acre SHIPMAN tract, and in part with the southerly boundary line of said Blocq C, RESUBDIVISION OF BERRY CREEK SECTION THREE, and in part with the edy boundary line of aforementioned remnant, portion of Lot 1, Block B. BERRY CREEK SECTION TI-IREE, to the POINT of BEGINNING, hereof. R (-). ROX 193? GEORGE7 CI WN, TY 78627 (i1'2) X31 -.31(X1 V SHANE Sf AFER, was r;retar:a ._. �,de i eT,;fi TA`f..ti;e Annc>.a :..ion r, IJ°K4 rE c.0 0 7% f rp nrx•�--," cry z � crx. LT 0" `• /'�5: i ".q >. }.n vrz . and rz �_o k _ us ..+ " � 'r V f ��c e� rel.. <.. �� Sh 1: neer,. sL-w � rfv'.'..= Z"CyC7C ri }}� e}._. C'Frrl t: .i`/... ryfr�L r �� ?il �.,.ci Y"(�'�.0 s .�. i. 4rr!D _.ed >:r by c e �re�.t3.�r � recon .icLlratiior cf the t,ourdCri� 7L tia ttest..<bIzshcad G..-. S't.li JcX.a.. i.'.�. i �3?j Q.i 4hr 1... u .., .. was rpt t, f�G ire Q . iJ ,. .� _E ....._� .� � R (-). ROX 193? GEORGE7 CI WN, TY 78627 (i1'2) X31 -.31(X1 V SHANE Sf AFER, R, P,L. S. NO, Annc>.a :..ion Aea IJ°K4 28 Dfl<IE .............. SHANE SHAFER 1< 528:' Exhibit C I. INTRODUCTION CITY OF GEORGETOWN ANNE/:ATION SERyrl�'E PLAN AREA No. NW4 ..._D NCIL DISTRIc T -No. D DATA: DECEhFF3ERi, 2008 u j r; a sr i This Service Ptan (Ithe Pian) is made by the City of Georgetown, Texas (Ci Pursuarit to Sections 43.056(b) -(o); 43.062 and 43.052(h)(1) of the Texas Local Gover=ent�Code ("T GC"). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which is referred to as "2008 Annexation Area NTW4". The provisions of this Ilan were made available for public inspection and explained to the public at the two public hearings held by the City on September 9, 2008 and September 23, 2008 lin accordance with Section 43.056(j) of the LGC. II, TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III, INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC The City reserves the rights guaranteed to it bN7 the LGC to amend this Plan if the City- Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV, CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21,r2 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 :'age 1 of 13 Area Nw4 OF.D. � hi i For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may lncluoe causinc, or all0;�'ir private utilities; crovernmentai entitles ano other pti lic Service organizations to provide si:ch services by contraCt, in Whole or in part, and ina-' includ.e du leS On t"te part of a private laildOyl'i'er ;�'i.t l regard to Such Ser` !CeS. In addition, in accordance with Section 43.036(g) of the LGC, if before armexation the annexed area had a lower level of services, infrastructure, and infrastruet ire maintena ice than the same being provided by the Citv to other areas within the Citv limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the Cit%T With topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES To BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Ernergencv Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergence medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergence response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgeto` ri Fire Department to areas Withiln the Cite limits. 3. Solid Waste Collection -Upon annexation, for occupied structures, the City Til Provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of mother Water or Wastewater Utility - Cit\•- owried water and Wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City`s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan for 2008 Annexations Page 2 of 13 Area NW4 iI i. Operation and Maintenance of Streets, Roads, and Street Lighting - The Citti- nTil provide preventative maintenance of the existincr public streets and roads un the annexed area over which rt has jurisdiction throuan maintenance and preventative maintenance services such as emergence pavement repa ;ice and snow Mort, vin ; crack seal, sealcoat, slurr�T seal, and PM overlav: and other 7-ou- rpnalrI}e Ci shall not maintain rsrivate roads in the armexed area. Preventative maintenance 1 projects are prioritized on a Citi-vhride basis and schedule~ based on a vane, of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance tilev will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unpiatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of GeorgetoNAm. that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be govemed by the utility standards of the Citv in effect at the time of subdivision construction or addition thereto. b. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. i . Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anvone residing in the as ulexed area. 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zonitzg 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 Citv Code of Ordinances. • 1 s Area NIA74 /} *` : %; Page 3 of 13 10. Animal Control Services - The provisions of Chapter 7 of the City, Code of Ordinances relating to animal control services shall apply in the annexed area. 11. B�2sIrgeSc Licenses and Regulations — i11e prd!'ISIOriS of Chapter h dt the Citi' C de of ClydinainCes relati�-ng to business licenses and regulatlonS (':arniyals Clr SeS ani Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawr; Carriages and other Non-1\/fotorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. i2. Health and Safety Regulations -The provisions of Chapter S df the Cit�T Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation, Noise Control; Nuisances; lunked Motor `vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. STI. SERVICES TO BE PROVIDED WITHIN 41iz `EARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the Citv. 2. Water and Wastewater Services— Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the LTDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and w=astewater 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 2008 Annexations Page 4 of 10 Area Nw4 ^ g ; f" of water and wastewater services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the Cit,,. Nater andastewater Cap tai I npro�Tesner�,ts Schedule - Because of the time required to design and construct the necessarw' water and wastewater facilities to serve the arLneXed area, certain services cannot be reasonabiv Thr ovicied within 2 2 years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (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 capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/2 vears from the effective date of annexation and will be substantially complete within 4 '/z vears from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the Citv's Comprehensive Plan, the City's Overall Transportation Plan, the Cit\7's Capital improvements Plan; the Cit 's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergence Medical Services; Solid Waste Collection; Public Parks, Plavgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for neNw 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 MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the Cit-Nhas no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces AnnexationAnnexations Area NT�7A Page 5 of 13 of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, draughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the Citv, 'whether similar to those enumerated or otherv,Tise, w ich are not withun the control of the Cit . nv deadlines or o&ier provisions of rIS Plan t hat are a'fec ed V a GrCe f`Laieu uve2. S'L 1-1 be automa i V extent e^ to account for delays caused 't7v sucq rorCe iliaieure Event. ? in accordance �� id Section 43.056(e} of the LOC, this Pia: and the sd�edules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. `I"he construction of the improvements shall be muous process and shall be completed as soon as reasonabiv accomplished in a con possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the Citta VIII. AmENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subseauent 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. I?:. 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 Cite. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE, EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Annexation Service Plan far 2008 Annexations Page 6 of 13 Area NW4 ® 1009m 474 exhjbj+ Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. lr'i addition, these policies and or(aManceS are Sei b'4' C i �' uo;lIlcil and earl be arrienaed in the 1 future: 1. I. General -- The proyiSiOnS of Chapter 7 of tine `i ,iru S i rmlea Deve1C)priient _oae !"UDC') shall appl`r in the annexed area and Chapter 1 of the City Code of Ordinances. Portions of the current C lnapter i� of the UD' and elle current hapten 1 of the 'ode Of Ordinances are summarized below. Note that these provisions are established by ordinance of the Cite Council and are subject to change from time to time. The City shall not repair, maintain, install or provide any water services, wastewater Service, gas, electricity or any other public utilities or services to any Property that has not been legally subdivided or is a nonlegal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or -developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but ill no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro - rata contribution to furiding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer sy stem except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is e ease less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider' shall be required to bear the cost of connecting the subdivision to such existing sanitary= sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary server collection main or outfall line is scheduled in the CitTv's Capital Improvements Plan to be completed to a point tATithin ane -half mile of the property. boundary ��Tithin five (S) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public Annexation Service Plan for 2008 Annexations Page 7 of 13 Area N 4 . i wastewater collection system. The design and construction of a public sanitary= sewer system shall comply with regulations covering extension of public sanitary sewer systernS) adapted by the Texas Com_inisslan ai-! Cnyiral.mel.tal'�� a t`.'. i 11T' r P f'^ ; e i o" P, (i n e; G. ill iliiraSLiLlciure and public mp a\ emt_n,s rr US be ci vl"t _� alb I SIait1711 accordance 1ATith all of the elements of theCam rehensive plan and s' a,I mi, the minimum requirements established by the DC, the Citi 's Car s ruction Standards and Specifications for Roads; Streets, 5n; ctures and 'v'al bPs j acid any other adopted City design or technical criteria. No main water line extension shall be Iess than eight inches. All new public sanitary sewsystems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include Cite cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastevv�rater Master Plans, and the reQuested service otherwise meets the Citv's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property= in the annexed area is using a septic system - the property oy'iler remains responsible for the operation and maintenance of the septic sy=stern. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property- shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary- sewer line has been extended to i ithin 200 feet of the propern'7 boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the Cit< Code of Ordinances. Properties using a septic system that are not in Rural Residential Subdivision , or are not legal lots greater than one acre in size and used far Annexation Service Plan for 2008 Annexations Page 8 of 1.3 Area NSA'4 s i� single family residential purposes at the time of annexation, but that are desig ated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septlC system until SUCP time that ti"ie use of the aropert ? Cfzang es, L, the property is t-arther subdivided or developed, or a public sanitary sewer iLte Na- rn e, t extena d t LI -1m, 200 feet of the L)I-Opern7 dour ori' a_nd the pro-ryertV ON%,% Yel" in a received notification from the City of the City's desire for the nroftoer n- to be connected to the public sanitary SPXATer line. a. Reimbursement and cast participation by the Cite — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with CItt% Council approval, may participate yvrith a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set bN7 the Citv Council and can be amended in the future b�.ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 policy established. This policy shall apple 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 coater system. wastewater system, reuse irrigation sysiem, and stonnwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for groyvth 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 reauirements 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 Nvith 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° a of current capacity 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 901/1/0 of current capacity and future demand is expected to exceed the current total capacity. (- r n.i,r tt. inn n :ni.� e...n_-+- L. i r0iec�s ri,U lkli �.0 tV laLar.L� tl_v �.t��'vtL t�. Eiii.,._�i accordance with the Unified Development Code, F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. 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 «7riting 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 Ii facilitates contiguous grmArth, 2) maximizes the provision of service to the service area; 3) enhances economic development. 4) improves system operations, 5) contributes to conservation or other environmental concern., and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest. 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub. lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Pian for 2008 Annexations Page 10 of 13 Area NIA74 ;%009®74 txhjbili I . connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and loval agencies having iu-isdictior, over such facilities: or 2. connection t0 a public CeiltraliZed v;'aStp T,'ater Goile�iiC . ma?il i'tI? ail wastewater clscharo.ed to a ceMtral zed pubs c wasiC ater fllltc=ori system. B. Upon the "Development'' ofprope.rty, 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 flf ti12s section, the term "Development" shall have the same meaning as in Section 16.0" 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. Sec. 13.20.020. On Site SeIVV*Tacre 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 tine, and the wastewater collection main has adequate capacity to receive, and transport the wastewater flow produced by the property, ti en. property owner shall connect that property to said utility' line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property; or the date that is five (} years after receipt of notice of the availability of a wastewater collection main within 200 -feet of the property line. C. Failure of On Site Sew=age 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 b�- the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13. 10: C. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facilitv may- be repaired or replaced. (Prior code § 12/ - 10 1) Annexa±ion Service Plan for 2008 Annexations Page 2I of 1.3 See:. 13.2 .030. Privies prohibited. It is unlawful for any owner or lessee, tenant or ot22er` crson in possession of any premises in the City t0 eStab,`.iSn or maintain a?i-\' »riv`' or C�''r' CioSe:. Sec.13.20. 40 Low pressure Sewer Svste s A. "Low Pressure Sewer Svstem' is an individual lift station located at each unlit customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right -of -Way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual Lift station and private force main. sVA No person shall discharge cause to be discharged; or permit to be discharged either directly or indirectly into the public sewer system waste or wastewater from anv of the following sources unless allowed by the City Manager, or his/her designee. A. Anv wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater. groundwater, rainwater, street drainage, subsurface drainage, or yard drainage: C. Any unpolluted water, including , but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers. D. A y 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 sen ice connection. E. Any holding tank waste, provided, that such waste maybe placed into facilities designed to receive such wastes and approved by the City Manager. or his/her designee. A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer systern in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service. the property owner and utility customer shall be responsible for the proper operation, maintenance; and repairs of the Annexation Service Plan for 2008 Annexations Page 12 of 13 sewer Systemin the building and the sen7ice latei.-all lift station (grinder pump j and force main between the building and the point of connection into the public. sewer main. n n� n C. a r Ciy rt P P I e R P 5 e i fi. . D . , as a pa� or svwvr s� st m t ting_ to t � lout 1 ii. a in nri ,�at�- ��ah., np ('P strvi ,.. . .F /'G a lateral or force. main v F� }^e ncrce a 'C P/�P^G T^',` Yp�'�''Ter, .."i: �iai. Sv neccb„a_ b to ri. nL iii lila aTL: d�ioii yr inflow. the propenN ou��er and utility customer shah be responsible to causeethe repairs to be made within one (i year of the date of notification by the Ci-. D. If repairs are not complete within one year of notification by the City, City may enaage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to propel owner and uiility customer. Annexation Service Plan for 2008 Annexations Page i3 of 13