HomeMy WebLinkAboutORD 2008-80 - ANX Area NW13An 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 2.4 acres in the J. Berry
Survey for SH 195 ROW, extending from Berry Creek Drive north and west for
approximately 650 feet, referred to as 7.008 annexation Area NW13, as described in
Exhibits A and B of this Ordinance; which said territory lies adjacent to and
adjoins the present boundary limit of the City of Georgetown, Texas and not
being a part of any incorporated area; providing for service plans; repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and
WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of
said City, Section 1.06, annex areas as allowed by State law; and
Whereas, by Resolution No. 071205-P, the City Council adopted the "Policy to Guide the
Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown,
Texas;" and
Whereas, pursuant to said Policy, the City Council identified certain areas for which it
desired to initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, the Citv 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 City limits; and
Whereas, the City Council on August 12, 2008, by Resolution No. 081208 -BB adopted a
revised priority annexation area map, including the area that is the subject of this Ordinance, and
directed staff to advertise for public hearings and initiate annexation proceedings to bring said
territories into the City limits; and
Whereas, following written and published notification given in accordance with state law,
the Citv Council conducted t-wo public hearings on the proposed annexation on September 9, 2008
and September 23, 2008; and
Whereas, all of the herezl�-described property lies within the extraterritorial jurisdiction of
the Citv of Georgetown, Texas and not within arnv incorporated area; and
:4'1?er2as, the 1ti'reliE- d s^r F <1ro S '4 t ani CJntl�" ' "C e t o
iv Lr i v l- i y lie "ad�ac a Glis :il
Georgetown, Texas; and
Whereas, the Section 4.03.010 of the unified Development Code provides that the initial
zoning classification for newly annexed properties is "AG" Agriculture; and
?008 Annexation Area NW13 Ordinance No.
Page 1 of 3
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 3.8. 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 herebv finds that:
J J
A. Notice of two public hearings concerning annexation of the territory described in
"Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in
newspaper of general circulation in the City of Georgetown; and posted on the City's
internet website.
B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at
6:00 p.m. at the City Council Chamber, 101 E. 7th Street, 78626, Georgetown, Texas.
C. The public hearings were concluded after providing an opportunity for all persons
present to be heard with respect to the proposed annexation. a proposed Service Plan
was made available and explained at the public hearings as required by law.
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
extraterritorial jurisdiction, not part of the incorporated area of any jurisdiction, and adjacent to the
city limits of the City of Georgetown, Texas in Williamson County, Texas, and said territory is
hereby annexed into the City for full purposes.
SectionThe area described in "Exhibit A", and shown in "Exhibit B°, o'+ - ordinance, is
included in Cit -v Council' District S.
2008 Annexation Area NW13 Ordinance No.
Page ? of 3
Section .5. 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 6. 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 Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
Passed and Approved on First Reading on the 141h day of October, 2008.
Passed and Approved on Second Reading on the 911, day of December, 2008.
Attest: The
Sandra D. Lee George
City Secretary Mayor
Approved as to form:
City Attorney
Georgetown:
ZOOS Annexation Area NWT 3 Ordinance No.
Page 3 oT'3
i it
DESCRIPTION OF CITY OF GEORGETOWN. TEXAS, ANNEXATION AREA NW 13
Beginning on the intersection of the northerly right-of-way Sine County Road 190 (also known
as Airport road) with the original westerly right-of-wayline of SH 1.95, same being the
southeast comer of the 0.58 -acre tract of land conveyed to the Embree Children Irrevocable
Trust as described in Volume 2199, Page 286 of the Official records of Williamson County,
Texas, same being the southeast corner of a called 2.720 -acre tract of Land conveyed to the
State of Texas for use as new right-of-way for SH 195, as described in Document No.
2005005464 of the Official Public Records of Williamson County, Texas, same being angle
point in, the easterly boundary line of City of Georgetown Annexation No. 96-53 (first tract
described by field nates in said annexation, as shown on Page 2 of 1 I through Page 11 of 11),
same being on a point in the westerly boundary line of Georgetown Annexation No. 96-53
(listed as item :Number 30 on Page 2 of 11 of said annexation 96-53), for the southeast corner
hereof;
THENCE proceeding in a westerly direction with the said. original northerly right -off way line
of Cly 190, same being the southerly boundary line of said 0.58 -acre Embree Children
Irrevocable frust tract, Same being the southerly boundary line of said 2.720 -acre State of
T exas tract, same being the easterly boundary line of said City of Georgetown Annexation
No. 96-53 (first tract described by field notes in said annexation, as shown on Page.) of 11
through Page I I of 11), to an angle point in said easterly boundary line of City of Georgetown
Annexation iN%. 96-53 (first tract described by field nates in said annexation, as shown on
Page ? of I 1 through Page I I of 11), same beim? the Southwest corner of said 0 .1 acre
U
Embree Children irrevocable Trust tract;
THENCE proceeding in a northerly direction with the westerly boundary line of said 0.5�-
acre Embree Children irrevocable Trust tract, same being the easterly boundary line of said
City of Georgetown Annexation No. 96-53 (first tract described by field notes in said
annexation, as shown on rage 2 of l I through Page 11 of 11), to the northwest corner of said
0.58 -acre Embree Children Irrevocable Trust tract, same beim; the southwest corner ofthe
remnant portion of the 1.95 -acre tract of land conveyed to James Ray Einbree as described in
Document No. 9530774 of the Official Records of Williamson County, Texas;
THENCE continuing in a northerly direction with the westerly boundary line of said 1.95 -acre
James Ray Embree tract, same being the easterly boundary line of said. City of Georgetown
Annexation No. 96-53 (first tract described by field notes in said annexation, as shown on
Mage 2 of I 1 through 'age l I of 11), to the northwest corner of said 1.95 -acre James Pay
Embree tract, same being on a point in the northerly boundary line of said 2.72.0 -acre State of
Texas tract, for the northwest corner hereof;
THENCE proceeding in an eaasterly direction with the northerly boundary line of said 1,95-
acre Jarrics Ray Embree tract, same bei ig the northerl;r boundary line of said 2,720 -acre State
of Texas tract, same being the easterly boundary line of said C tv of Georgetown Annexation
No,. 0.6-51 (irst tract describe' �y Bold notes in said armexation. as shown on Page 2 of l I
thi-ou211 P t;'j? l I Li [ t j, to a no int in the westerly boundary IIne of aforemendone" City of
.,e.�rgeto _`annexation No. 6-53 01=steel as <tem Number .)0 on Page ' of I i of said
1
annexation 96-531, same being the northeast corner of said 1.95 -acre James Ray Embree tract,
same being the northeast corner of said 2.7201 -acre State of Texas tract, same being on a point
in the original westerly right-of-way line of said SH 195, same being on an angle point in tine
aforementioned new westerly right-of-way line of SH 195, for the northwest corner hereof;
THEINCE proceeding in a southerly direction 3,1v-ith the original westerly right -of way line of
said SH 195. same being the westerly boundary line of said City of Georgetown Annexation
No. 96-53 {listed. as Item Number 39 on Page.2 of 11 of said annexation 96-53}, through the
interior of said new right-of-way of S.H. 195, with the westerly boundary line of said 1.95 -
acre James Ray Embree tract, same being the westerly boundary line of said 2.720 -acre State
of "Texas tract, to the southeast corner of said 1.95 -acre James Ray Embree tract, same being
the northeast corner of aforementioned 0.58 -acre Embree Children. Irrevocable Trust tract,
THENCE continuing in a southerly direction with the original westerly right-of-way line of
said SH 195, same being the westerly boundary line of said City of Georgetown Annexation
No. 96-53 {listed as Item Number 30 on Page.) of 11 of said annexation 96-53), continuing
through the interior of said new right-of=way of S.H. 195, with the westerly boundary line of
said 0.58 -acre Embree Children Irrevocable Trust tract, same being the westerly boundary
line of said 2.720 -acre State of Texas tract, to the POINT OF BEGINNING hereof.
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Exhibit C
I. INTRODUCTION
! • t
ANNEXATION SERVICE FLAN
AREA No. NW13
COUNCIL DISTRICT NO. 5
ELATE: 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 Government 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 NW13". 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(}) of
the LGC.
IL `PERM 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 by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
Iv, CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by
those services which
are
(1)
available to the annexed area immediateiv upon annexation; (2) those services which
will
be
available to the annexed area within 21.%� years from the effective
date of the
annexation;
and
(3)
those services for which capital imi3rovements are needed and
which will
be available
within
4-/2 years from the effective date of the anu exation based upon
a schedule
for construction
of
such irnvrovernents as set forth I-terein.
Annexation Service Plan for 2008 Annexations Page 1 of 13
Area NW13
ORD, :Loos EXIIi a
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 Department will extend
regular and routine patrols to the area.
2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Waste Collection - Upon annexation, for occupied structures, the City will
provide solid waste collection services to the annexed area in accordance with City
ordinances and policies in effect on the date of the annexation. However, per the
terms of .Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are 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 Citv's
ordinances, standards, policies and procedures. Per the provisions of Section 13.01.
rv^(? or the } 7�':�`5 PTy n;^�^s r+-� -ni {may+�P \rrT �i�ri\ f 1 }i':�ii tracts
C,}S ,-r} t�e annexed ar
G'J L `rdfe.w. D_�. eloi melt .de ✓✓ 7, of .znnia Lte �a ra in i annexed
area, the L+tv shall not re-calr, maintain, nsiall or nrovlde anv public utilities or
sF..vices m arty subdivision for �vhic:? 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 Nw13
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 FM 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 L7DC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of 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 Citv in effect at the time of subdivision construction or addition thereto.
G. Operation and Maintenance of Public Parks, Playgrounds, and Swimming foals -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
- Should the City acquire any buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
S. Library - Upon annexation, library privileges will be available to anyone residing in
the annexed area.
9. Planning and Development Services; Building Permits and Inspections - Upon
annexation, the Citi;'s unified Development Code and Title 15 of the City Code of
r'in- ces will apply in the area. These services include: site plan review, zoning
'?=a.iS, Building i,.,fle an vLi.E': '4ia:_ aru C:?de Ii�s eC�G'n �i_v1ceS L Llk City
Code enforcement, .,In re 4ulaf ons and r)ermits; and. Storm. water Permit services.
Nor a full description of these services, see the City's Unified Development Code and
Title 15 of the City Code of Ordinances,
Annexation Service Plan for 2008 Annexations Page 3 of 13
Area NW13
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. Business Licenses and regulations - The provisions of Chapter 5 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 4?/2 `FEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General - The City will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2, Water and Wastewater Services- Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas.
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. upon the Development
of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to any
part of the annexed area that is within the service area of another water or wastewater
he C' v
t= =�:�� e ��d a-G� located � �o.-�+ �; t a C_t<�'s authorized service areas, is �t�
' i3iV. a`Jr _ "'_ X- s..:.S oc�b�e..� r,�yl'� iii. v � i t?
Shall, subject to the terms and Conditions of this flan, extend water and wastewater
service Ln accordance with the service extension ordinances, policies, and standards that
are sun=narized 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 NW13
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/2 years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
%2 years from the effective date of annexation and will be substantially complete within 4
'/z years from the effective date of annexation. However, the provisions of Section VIII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City .succeeding to the powers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
4. Roads and Streets - No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Plan; the City's regular or non -impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the property owner or developer install roads and streets at the
property owner's or developer's expense. It is anticipated that the developer of new
subdivisions in the area will install street lighting in accordance with the City's standard
policies and procedures. Provision of street lighting will be in accordance with the
City's street lighting policies.
d. Capital Improvements for tither 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.
'VIII. F0 I�i��RE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
Annexation Service Plan for 2008 Annexations Paae S of 13
Area NW13
Mo 200g�yo Ex) I
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 Pian if the construction
process is interrupted for any reason by circumstances beyond the direct control of the
City.
V111. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
J
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.
IY, 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
Per the requirements of Section 410561'e't of the LGC, the following sumrndary is provided
regard>1ng the Citv's current service extension policies for water and wastewater service.
However, this is a summan7 of the current policies, and the policies and regulations related to
water and wastewater utility extensions that are included in the City Cade of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual; Drainage
Page 6 of 13
Area NW13
M' ,. 0 40 Och
b
if C
Manual, and other published policies and technical manuals, as the same may be amended from
1
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 server collection main or outfall line is i
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 sewer collection main or outfall line is scheduled in the
City's Capital Improvements Plan to be completed to a point within one-half
mile of the property boundary within five (5) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
Annexation Service Plan for ?008 Annexations Page 7 of 13
Area NW13ow 008�0
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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
teet 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 roust either
repair or replace the septic system in accordance with the provisions of Section 13.20 of
the Citv 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 Plan for 2008 Annexations Page 8 of 13
Area NW13
Op'D. xogotd
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 cost participation by the City - Pursuant to Section 13.09.030 of
the UDC, the City, in its sole discretion and with City Council approval, may participate
with a property owner or developer in the cost of oversized facilities or line extensions.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
ZU m�illiltl, Kalilli 'I r �1.
This policy shall apply to improvements to the City's utility systems, including system upgrades,
system expansion, and plant capacity additions. In this Section, the term "utility system" shall
mean the City's water system, wastewater system, reuse irrigation system, and stormwater
drainage system.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
proper service levels to existing customers.
A. Projects designed to expand or upgrade a utility system must be completed and
ready for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible, the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific
Location exceeds i 5% of current capacity and fixture demand is expected to exceed the
current total capacity.
Page 9 of 13
Area NW13
ORDo ;=940 ,a
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D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service Plan for such annexed tracts.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at
the City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
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 b) 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. 13.20.010. 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
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
Annexation Service Plan for 2008 Annexations Page 10 of 13
I. connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
appropriate state and local agencies having jurisdiction over such
facilities: or
2. connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B. upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code,
C. It is the duty of each such person referenced in subsection (A), above, to 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. Availability of a Public Centralized Wastewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility servicing the property,. or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200 -feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner;
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary. the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters 13.10.
C. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage Facility may be repaired or replaced.
(Prior code § 12-101)
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.
t ttt
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.
-l�illillillillillill ;J111
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system, waste or wastewater from any of the following sources
unless allowed by the City Manager, or his/her designee;
A. Any wastes or wastewater that does not meet the limitations imposed by Section
1 ..4 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. 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.
Sectioni int
A, For properties with gravity wastewater service. the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the sewer system in the building and the service lateral between the building
and the point of connection into the public sewer main.
B. For properties with
low
pressure service, the
property owner and utility customer
shall be responsible
for
the proper operation,
maintenance,
and repairs of the
Annexation Service Pian 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 thepublic
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