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.
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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.
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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