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ORD 2008-78 - ANX Area NW10
An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of approximately 7.3 acres of land out of the J. P. Pulsifer Survey, C. Stubblefield Survey and the remaining portion of the Good Luck Subdivision, located south of Memorial Drive and east and west of Simon Road; and including approximately 0.4 acres or ROW for Simon Road north of the current city limits and south of Memorial Drive, referred to as 2008 Annexation Area NW10, as described in Exhibits A and E of this Ordinance; which said territory lies adjacent to and adjoins the present boundary limit of the City of Georgetown, Texas and not being a part of any incorporated area; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the Cityof Georgetown, Texas is a home rule municipal corporation; and WHEREAS, the Citv Council of the City Of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and Whereas, by Resolution No. 071205-P, the City Council adopted the "Policy to Guide the Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown, Texas;" and Whereas, pursuant to said Policv, the Citv Council identified certain areas for which it desired to initiate annexation proceedings in order to bring said territories into the City limits; and Whereas, the City Council on August 8, 2006,, by Resolution No. 082206-S adopted a revised priority annexation area map and directed staff to bring said territories into the Citv limits; and Whereas, the City Council on August 12, 2008, by Resolution No. 081208 -BB adopted a revised priority annexation area map, including the area that is the subject of this Ordinance, and directed staff to advertise for public hearings and initiate annexation proceedings to bring said territories into the Citv limits; and WhIereas, following written and published notification given in accordance with state law, the City Council conducted two public hearings on the proposed annexation on September 9, 2008 and September 28 2008: and Whereas, all of the Herein -described prooerty lies within the extraterritorial urisdiction of L .e t ,ty Ot'.jeOretC�tiVn, e`{aS a not 4'it114Ii any I ICOrpOrated area; and V hereas, the lherei:. described prope.LY lies adjacent and contiguous to the Cit r of Georgetown, Texas; and 24009� 70 '.008 Annexation Area �NW10 Ordinance No. Wage 1 of3 Whereas, the Section 4.03.010 of the Unified Development Code provides that the initial zoning classification for newly annexed properties is "AG" Agriculture; and Whereas, all prerequisites for annexation as set forth in state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan: Goal 3: Provide a development framework for the fringe that guides sound, sustainable patterns of land use, limits sprawl, protects community character, demonstrates sound stewardship of the environment, and provides for efficient provision of public services and facilities as the city expands, Policy Statement ,3.B. Establish criteria, targets and timetables for the annexation of unincorporated "pocKets" into the city. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The Citv Council hereby finds that: A. Notice of two public hearings concerning annexation of the territory described in "Exhibit A, and shown in "Exhibit B," was mailed as required by law; published in newspaper of general circulation in the City of Georgetown; and posted on the City's internet website. B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at 6:00 p.m. at the City Council Chamber, 101 E. 7t11 Street, 78626, Georgetown, Texas. C. The public hearings were concluded after providing an opportunity for all persons present to be heard with respect to the proposed annexation. A proposed Service Plan was made available and explained at the public hearings as required by law. D. "Exhibit 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 "Exhibit A," and shown in "Exhibit B,>' which is within the e xtraterritorial jurisdiction, not part of the incoruorated area of any jurisdiction,, and adiacent to the city 'units of the City of Georgetown, Texas in Tri%illiamson Countv,, Texas, and said territory is here.ov annexe: into tl.e Cii�, for ail r urnoses, vection_ 4. The area escri'ced in 1?iv i _ ." and shown in 'E ltibit 3", of this ordinance, is included in City Council District 3. J 2008 Annexation Area NW10 Ordinance No. Inge 2 of 3 Section S. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section o. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 7. The Mavor is hereby authorized to sign this ordinance and the Citv Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 11P1 day of October, 2008. Passed and Approved on Second Reading on the 9th day of December, 2008. Attest: The Cit f w. Y' fli F % Sandra D. Lee George City Secretary Mayor Approved as to form: CC4 t Patricia E. Carls City Attorney of Georgetown: r 2008 Annexation Area NW20 Ordinance No. Page 3 of 3 @ \ ± 6 & DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AR1 ANW10 Beginning on a paint in the southerly boundary line of City of Georgetown Annexation No. 2005-106, same being on an angle point in the easterly boundary line of City of. Georgetown Annexation No. 2005-01, same beim the northeast corner of a called 5.237 -acre tract of land conveyed to DELAWARE DO WLEN, LTD., as described in Document No. 2006036969 of the Official Public Records of Williamson County, Texas, same being the northwest corner of the remnant portion of the called 12.7 -acre tract of land conveyed to R. E. Ward, Mayor of the City of Georgetown, Texas and to his successor in office, as described in Volume 117 Page 173 of the Deed Records of Williamson County, Texas, same being on a point in the southerly right-of-w�ray line of County Road leo. 265, also known as MEMORIAL DRIVE. for the northwest corner hereof, THENCE' proceeding i:n a easterly direction with said southerly boundary line of City of Georgetown AnrAexationo. 2005-106, same being with said southerly right-ol.=way line of County Road No. 265, same being in part with the northerly boundary line of said 12.7 -acre City of Georgetown tract, and in part with the northerly boundary line of a calked 1.31 -acre tract of land conveyed to Simon Riverhills, L.P., as described in Document 2005003853 Of the Official Public Records of Williamson County, Texas, to the northeast corner of said I.3I - acre Simon Riverhills, L.P. tract, same being on a point at the intersection of the southerly right-of-way line of said County Road 265, and west right-o&wvay line of Simon Road; THENCE IEENCE continuing in a easterly direction with said southerly boundary line of City of Georgetown. Annexation No. 2005-106, same being through (across) the interior of the right- of-way of said Simon Road, to a point in the easterly right-of-way line of said Simon Road, same being the north-west comer of a called. 1.78 -acre tract of land conveyed to JUDY W. NINDELANG, JANE W. ROBERTSON, JAY L, WOLF, JR., TVA WOLF MCLACHLAN and JAMES DAVID WOLF, as described in Document No. 2003053281 of the Official Public Records of Williamson County, Texas. same being the southwest corner of a called 0.11- acre tract: of land conveyed to Judy W. Hindelang, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf McLachlan and Jaynes David Wolf, as described in Document No. 20060631117 of the Official Public Records of Williamson County, Texas; THENCE continuing in a easterly direction with said southerly boundary line of City of Georgetown Annexation No. 2005-106, same being in. part with the somberly boundary line of said 0.11- acre Judy W. Nindel.ang, Jane W. Robertson, .Tay L. Wolf, Jr., Iva Wolf McLachlan and Jaynes David Wolf tract, and in part with the northerly boundary line of said. 1.78 -acre JUDY W. HINDELANG, JANE W. ROBERTSON , JAY L. WOL14, JR., 1VA WOLF MC LACHLAN and JAVMES DAVID WOLF tract, and in part with the southerly boundary Eine ofa called 0.49 -acre tract of land conveyed to Iva Wolf McLachlan, ,lav L. Wolf, Jr., Jane W, Robertson, Judy W. 1-lindelang, as described in Document No. 2006063019 of tile Official Public Records of Williamson County. 'Texas, and in part with the northerly boundary line of a called 1.39 -acre tract of land conveyed to IVA WOLF MC'LACHLAN, JAY L O WOLF, JR.. JANE WOLF ROBERTSON AND JL'D`f WOLF 1 INDELAI G. as S{ bed LSA. Di C iiz?1( N '00_ _' 2 '. of the Official Public Records of �' €1ll:aCtls )Il k.ounty, I e as, to a point being on an angle point in said southerly hound'ar'/ line of City of 1 Georgetown Annexation No. 2005-106, same being on a point in the northerly boundary line City of Georgetown Annexation No. 86-59, same being on a point in northerly boundary line of said 1.89 -acre IVA WOLF IAC"LACHLAN, JAS' LEON WOLF, JR.. JANE WOLF ROBERTSON AND JUDY WOLF HINDELA.NG tract, f:or the most easterly corner hereof; THENCE proceeding in a westerly direction with the northerly boundary Eine of said City of Georgetown_ Annexation. No. 86-59, same being in part through the interior of said 1.89 -acre IVA WOLF MCLACIILAN, JAY LEON WOLF, 7R,, JANE WOLF ROBERTSON AND JUDY WOLF HINDELANG, tract; and in part through the interior of said 1;78 -acre JUDY W. i-IINDE14Y' ANG, JANE W. ROBERTSON, JAL. WOLF, JR., IVA WOLF M, CLACI�II: AN and SAUTES DAVID WOLF tract, to a point in the westerly boundary line of said 1.78 -acre JUDY W. HINTDELAING, JANE W. ROBERTSON, JAY L. WOLF, JR., IVA WOLF iICLACHLAI�i and JAMES DAVID WOLF tract, same being on a point in the easterly right -cif -way line of said Simon Road, THENCE continuing in a westerly direction with said northerly boundary line of City of Georgetown Annexation into. 86-59, same being through (across) the interior of said Simon Road right-of-way, to a point in the westerly right-of-way line of said. Simon. Read, same being on a point in the easterly boundary line of said 3.31 -acre Simon R verhills tract, THENCE continuing in a westerly direction with said northerly boundary Eine of City of Georgeton� Annexation No. 86-59; same being in part through the interior of said. 1.31 -acre Simon :Riverhills tract, in part through the interior of Lot 1, GOOD LUCK St7BDIVISION, as recorded in Cabinet N, Slides 220 - 221 of the Plat Records of Williamson County, Texas, in part through the interior of a called 1.0667 acre tract of land conveyed to SlNION DIVERT TILLS, L.P., as described in Document No. 2005023681 of the Official Public Records of Williamson County, Texas, and in part through the interior of: said 12.7 -acre City of Georgetown tract, to the southeast corner of aforementioned City of Georgetown Annexation No. 2005-t}1., same being on a point in the easterly boundary Lina of aforementioned 5.237 -acre DELAWARE DOWLEN, LTD. tract, same being on a point in the westerly boundary line of said 12.7 -acre City of Georgetown tract, for the southwest comer hereof, THENCE proceeding in a northerly direction with the easterly boundary of said City of Georgetown Annexation No. 2005-01, same being with said westerly boundary line of the 12.7 -acre City of Georgetown tract, same being with said easterly boundary line of the 5.237- acre DELAWARE DOWLEN, LTD. tract, to the POINT OF BEGINNING, hereof. N i rd er >? 5 Ali r;OJ o � _. creme wav ek:are _, ,.� -.. i '" :.'.e '-'?C% d !." Cr ii F' S*?ti.i :.G' 4.1 1,)-",r ' I 03. su 4,.< .S" .'?"TJ�,. .Z. _✓ n'.'�w. ...•�i % -.r- f' �X.�'� __ u_'.C�s�J ._.��.. �.. .. ,.�G.- .�� ...nose _��F1'_�r ltd, i ;i✓ �:? !"• r__.. I. Yr.�iJil l�..L. ...:l:: iJ �j ;.�.: �. �:!�. r» r •;.Jf tir '... ....1..".i �..vt�ri �Z?_ .. ... rvl� ... 2v.L..a_ S..L'..<..ti.,._,�`-- sdriu�_.4? i'v'as ✓ceoanad. -".`- _._ N `DIA2MO D SbW EFY IG 3& 2&±&f;#CGOGEM MY, T.Y 78627 (51&9 ? SHANE SHAFERf R.D.2.S. §0. 5281 .exation ea INa1G 0\ wZ . SHANE SHAFER \ ,. . 2 _ \ . © »J ` DATE 1, INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA N0. NW10 COUNCIL DISTRICT NO. 3 DATE; DECEMBER 31, 2008 This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Goverment Code ("LGC"). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which is referred to as "2008 Annexation Area NW10". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on September 9, 2008 and September 23, 2008 in accordance with Section 43.056(j) of the LGC. Il. 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. Ill. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the Citv 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. IV4 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 2?i vears from the effective date of the annexation; and (3) those services for which capital improvements are needed and whic1n will be available within 4/i years from the effective date of the annexation based upon a schedule for construction of such improve rents as set forth herein. 11ar"M -M • �+ • Page 1 of 13 Area NW110 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 include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V, SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection —Upon annexation, the Georgetown Police Departments ill extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services— Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue, emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection —Upon annexation, for occupied structures, the Citywill 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 vears. 4. Operation and Maintenance of Mater and Wastewater Facilities in the Annexed Area that Are Not Within the Area of another Water or Wastewater Utility — City - owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, S.tar°dards, policies and procedures. Per the provisions of Section 13.01. F�"0 of the U nirieu DeVeiu��trierr�t .=cce (:r= i, ..I unioiattvci L�c`',sc S ;a-'`� she ar'L�iexed area, the Citv Si'?a?i not repair; maintain, install or provide anv pub is utilities or services in any subdivision for Which a Final Plat has not been approved and flied 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 NW10 ® i of 5. Operation and Maintenance of Streets, roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the po'icv of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the Citv limits. Privatelv owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. S. Library - Upon annexation, library privileges will be available to anvone residing in the annexed area. 9, Planning and Development Services; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning '1 r.,r (ll,'µ i� iY'l i✓' �iy t� a. t. re r t P d(l (uP P ?'t 'i v,^rte pG s"i p>r.z. 3s, BU411d' '.D ue � o _:_e� � arr ar mss~ c�a n , c� at: qty Code enforcement; sign regulations and permits; _nd Sto_nwater Permit services. A or a : �ull description of these services, see the CitV's Unified Development Code and Title 15 of the City Code of Ordinances. J Annexation Service Plan for 2008 Annexations Page 3 of 13 Area NW10 i 10. Animal Control Services - The provisions of Chapter i of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages} shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places' shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and. Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 41%2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary J for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Nater 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 LDC shall apply. The City shall have no obligation to extend water or wastewater service to anv part of the annexed area that is within the service area of another water or wastewater Ll F ? Hexed area located TN1 :hin hie SAV 11 S authorized Se_ , iCe areas, `i.e City L.'L ,.�i.1L Y. r✓'r ar:a t � J i �' areas. � J .Hall, subject to Lht Lentis and conditions of this Plan, extend wager and wastewater se. ice 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 13 Area NW10 " i i of water and wastewater services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 21h years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/2 years from the effective date of annexation and will be substantially complete within 4 '/2 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. Loads and Streets - No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the Citv's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable Citv ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services - No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the Citv. VTT, FORCEMArE:,TE ANID SCHEDUYT ExENS IONS �. Certain events; cieSCr4 Cl as Forcn V ale'Zre Events in this Plan, aTe 1nOSe over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces Annexation Service Plan for 2008 Annexations Page 5 of 13 Area NW10 m i iicI ORDW of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public I earings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. , SUMMARY OF CURRENT WATER AND WASTEWATER SERvIcE EXTENSION POLICIES ?!ar .}^e rerlp. emenrs of Sec�?en 43.0'6W o' the LCC the f� �� ng �'-� -hr-�z 3 ' :hw oL:�.j�Jz..�mrnarJ is y _�, J�aed regarding ti2e C jt�'s current service extensior, nohcies for water arid wastewater service. Howe7Jer, 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 for ?008 Annexations Pacre 6 of 13 Area NW10 010. ADM` Plf EX I t Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the „subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro - rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D, Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein, Where an approved public sanitary sewer collection main or outfall line is ill ne 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 1';le is more than one-half mile awav from the proper t�i bo��nclarv. and where extension of a sanitary sewer collection main or outfall line is scheduled in the Citis Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public Annexation Service Plan for 2008 Annexations Page 7 of 13 Area NW10 g aoos 79 Exhi ) wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system - the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the 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 _eet of the property ani 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 inn accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for Annexation Service Pian for 2008 Annexations Page 8 of 13 Area NW10 1 single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan .shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. �. Reimbursement and cast participation by the City - Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) .� - • - t�� t ! s - - a - .. s s , This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stonnwater drainage system. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project 'Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 7�% 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 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. r 1 t ! Iwo A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: See. 113.20.010. General. 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 TO means and consistent with the other terms conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan for 2008 Annexations Page 10 of 13 1. connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availabilitv of a Public Centralized Wastewater Collection Main, If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility Zine at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200 -feet of the property line, C. Failure of On Site Sew=age Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chanters 13.10. c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Annexation Service Plan for 2008 Annexations Page 11 of 13 It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet, A2111011 11 t1!111 � 11111111 y .hill 1* A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. 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. 1, i • No person shall discharge, cause to be discharged, or permit to be discharged, either directly or I into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or hisiher designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow -down water from coolina. towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer systemin the building and the serdce 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 system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan for 2008 Annexations Page 13 of 13