HomeMy WebLinkAboutORD 2008-82 - ANX Area SE2Ardinance{ .
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 30.5 acres of land out
of the L.J. Dyches Survey, located north of the SE Inner Loop, west of FM 1460,
and south of Inner Loop Commercial Park and Rabbit hollow Subdivision; and
including approximately 0.2 acres of ROW for Snead Drive from the SE Inner
Loop north approximately 165 feet, referred to as 2008 Annexation Area SE2, 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 City Council on August 8, 2006, by Resolution No. 082206-5 adopted a revised
priority annexation area map and directed staff to bring said territories into the City limits; and
Whereas, the City Council on August 12, 2008, by Resolution No. 081208 -BB adopted a
revised priority annexation area map, including the area that is the subject of this Ordinance, and
directed staff to advertise for public hearings and initiate annexation proceedings to bring said
territories into the City limits; and
Whereas), following written and published notification given in accordance with state law,
the City Council conducted two public hearings on the proposed annexation on September 9, 2008
and SeCtemner 28, 2008; aria
Whereas,, ail of the herein-descri ed pro�ert;%lies within tine extraterritorial jurisdiction of
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2008 Annexation Area SE2 Ordinance No. 01008 � 9A
Paoue 1 of
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.
Police Statement 3.8. Establish criteria, targrets and timetables;or the annexation o
unincorporated "pockets" into the city.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other 2030 Comprehensive Plan Vision Statements, Goals and Policies.
Section 2. The City Council hereby finds that:
A. Notice of two public hearings concerning annexation of the territory described in
"Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in
newspaper of general circulation in the City of Georgetown; and posted on the City's
internet website.
B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at
6:00 p.m. at the City Council Chamber, 101 E. 71" 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 "Exhiyit A," and shown in "E x,�?ibit B," which is within the
extraterritorial jurisdiction, not part of the incorporated area of any jurisdiction, and adiacent to the
ci t<v limits of the City of Georgetown, Texas in Williamson Countv, Texas, and said territory is
nereov annexed into the C % for tuli purposes.
Section 4. The area described in "E x''i bt Ass, and shown in "Exhibit B of this ordinance, is
included in City Council District 1.
2008 Annexation Area sE2 Ordinance No.
Page 2 or 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 6. If any provision of this or 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 whicill 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.
Attest:
Passed and Approved on First Reading on the 14� day of October, 2008.
Passed and Approved on Second Reading on the . day of December, 2008.
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Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
Citv Attornev
The City of Georgetown:
George"Garver
Mayor
e5-
=008 Annexation Area 3E2 Ordinance No.
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EXHIBIT
DESCRIPTION OF CITY OF GEORGETOWN. TEXAS, ANNEXATION AREA SE2
TRACT A
Beginning at the intersection of the westerly right-of-way line of FM 1460 and the northerly
right-of-way line of SE Inner. Loop, same being the southeast corner of called 20.82 -acre tract
of land conveyed to Real Treasures, L.P. as described in Document No. 2007039489 of the
Official Public Records of Williamson County, Texas: same being on a point in the northerly
boundary line of City of Georgetown Annexation No. 2006-140;
THENCE proceeding in a westerly direction with the northerly boundary line of said City of
Georgetown Annexation No. 2006-140. same being the northerly right-of=way line of said SE
Inner Loop, to the southwest comer of said 20.82 -acre heal 'Treasures, L.P. tract, sane being
the southeast earner of called 71,137 -acre tract of land conveyed to David Seto and Shacuan
Sharon Seta as described in Document No. 2007008548 of the Official Public Records of
Williamson County, Texas;
THENCE continuing in a westerly df
lrection with the northerly boundary line of said City o
Georgetown Annexation No. 2006-140, same being the northerly right-of-way line of said SE
Inner Loop, to the southwest corner of the said 71.137-acvre Seto tract, same being the
southeast corner of called 8.01 -acre tract of land conveyed to Williamson County of the State
of Texas as described in Document No. 2002050668 of the Official Public Records of
Williamson County, Texas,
THENCE continuing in a westerly direction with the northerly boundary line of said City of
Georgetown Annexation No. 2006-140, same being the northerly right-of-way Eine of said SE
Inner Loop, same being the southerly boundary line of said 8,01 -acre Williamson County
tract, to the southwest corner of said 8.+01 -acre Williamson County tract, same being the
southeast corner of called 10,066 -acre tract of land conveyed to David Seta and Shacuan
Sharon Lee Seto as described. in Document No. 2006060769 of the Official Public Records of
Williamson County, Texas;
THENCE continuing in a westerly direction with the northerly boundary line cf said City of
Georgetown Annexation Nes. 2006-140, same being the northerly right-of-way tine of said SE
Inner Loop, same: being the southerly boundary line of' said 10.06£ -acre Seto tract of land, to
the southwest corner of said 10.066 -acre Seto tract of larid, same being the southeast cornier of
Inner Loop Commercial Paris Section Two. a subdivision recorded in Cabinet L, Slide 119 of
the Official. Plat Records of Williamson County, Texas;
THENCE continuing in a westerly direction with the northerly boundary line of said City of
Georgetown Annexation No. 2006-140, same being the northerly right-of-way line of said SE
Inner Loop, same being the southerly boundary line of said Inner Loop Commercial erc.ial Park
Section Two; to a ;point in the southerly boundary line of City of Georgetown Annexation No.
86-
I
THENCE proceeding in an easterly direction with the southerly boundary line of said City of
Georgetown Annexation No. 86-55, through the southeasterly interior of the aforementioned
Inner Loop Commercial Park Section Two, a point in the southwesterly boundary lite of
aforementioned 10.0 6 -acre Seto tract of land;
'I`I3ENCE, continuing in an easterly direction with the southerly boundary line of said City of
Georgetown Annexation No. 86-55, through the interior of said 10.066 -acre Setts tract of land
to a point in the easterly boundary line of said 10.066 -acre Seto tract of land, sanse being a
point in the westerly boundary line of aforementioned 8.01 -acre Williamson County tract;
T HENCE continuing in an easterly direction with the southerly boundary Line of said City of
Georgetown Annexation No. 86-55, through the interior of said 8.01 -acre Williamson County
tract to a point in the easterly boundary line of said 8.01 -acre Williamson County tract, same
being on a -point in the westerly boundary line of the aforementioned 71.137 -acre Seth tract;
THENCE continuing in an easterly directions with the southerly boundary line of said City of
Georgetown Annexation No. 86-55, through the interior of said, 71,1.37 -acre Setts tract to the
southeast turner of said City of Georgetown Annexation No. 86-55, sante being on an angle
point in the said easterly boundary line of the 71.137 -acre Seto tract, same being the
southwest corner of called Rabbit Hollow (Amended), a subdivision recorded in Cabinet E,
Slide 33. of the Plat records of Williamson County, Texas;
T14ENCE continuing in ars easterly direction with the southerly boundary line of said Rabbit
Hollow (Amended) subdivision, same being the northerly boundary lime of said 20.82 -acre
Real Treasures, L.P. tract to the southeast corner of said Rabbit Hollow (.ksrsended)
subdivision, same being the southwest corner of called 10.00 -acre tract of land conveyed to
Fhe Most Reverend Vincent . 1=lards; .Bishop of Austin, and His Successors in Office" as
described in Volume 554, Page 88 of the Deed Records of Williamson County, Texas:
THENCE continuing in an easterly direction with the northerly boundary line of said 20.82 -
acre Real Treasures, LIP. tract, same being the southerly boundary line of said 10,00 -acre
"Most Reverend Vincent M. Harris, Bishop of Austin" tract, to the southeast comer of said
"4 Most Reverend Vincent M. Harris, Bishop of Austin" tract, same being the southwest comer
of called 3.15 -acre tract of land. conveyed to The Vincent L. and Barbara G. Bove Family
Trust as described in Document No. 2005051929 of the Official Public Records of
Williamson County, Texas,
THENCE continuing in an easterly direction with the northerly boundary line of said 20.82 -
acre Real Treasures, L.P. tract, sane being the southerly boundary line of said Bove Fam.iiy
Trust tract, to the southeast corner of said Bove family Trust tract, same being the northwest
corner of said 20.82 -acre Real Treasures, L.P. tract, same being on a paint in the westerly
right-of-way t=ine of aforementioned Fly 1460;
TEENCE with the easterly boundary line of said '20,82 -acre Real Treasures, L.P. tract, same
tieing the westerly right -cif -way line of aforementioned FM '460 to the POIT aT OF
BEGINNING hereof,
TRACT B:
Beginning at the intersection of the westerly right-of-way line of FM 1460 and the northerly
right-of-way line of SIS: Inner Loop, same being the southeast corner of called 20:82 -acre tract
of land conveyed to .Real Treasures, L.P. as described in Document into. 200703548:9 of the
Official Public Records of Williamson County, Texas, same being on a point in the northerly
boundary line of City of Georgetown Annexation No. 2006-140;
THENCE proceeding in a easterly direction, crossing through the right-of-way of FM 1460 to
the southwest comer of the north remnant portion of called 236.41 -acre tract of land conveyed
to GEORGETOWN RAILROAD COMPANY, INIC., described in Volume 1638 Page 369 of
the Official Public Records of Williamson County, 'T'exas, same being on a point in the
westerly boundary lime of City of Georgetown Annexation No. 2005-98, same being, the
northerly right-of-way line of SE; INNER LOOP;
THENCE proceeding in a southerly direction with the westerly boundary line of City of
Georgetown Annexation No. 1.005-98, crossing through the right -off way 5E IINTNER LOOP
to the northwest corner of the south remnant portion of said GEORGETOWN RAILROAD
COMPANY, INC. tract, same being on a point of the easterly right-of-way line of FM 1460;
THENCE proceeding in a westerly direction to a point in the easterly boundary Line of City of
Georgetown Annexation No. 2006-140, same being the northeast corner of the remnant
portion of called 108.2049 -acre tract of land conveyed to DEB LONGHORN JUNCTION.
LLP, described in Document No. 2005063175 of the Official Public Records of Williamson
County, 'iexas, same being on a point in the southerly right-of-way line of SE INNER LOOP,
same being on a point in the westerly right-of-way line of FM 1460,
i`HENCE proceeding in a northerly direction with the easterly boundary line of City of
Georgetown Annexation No. 2006-140, crossing; through the right-of-way of SE INNER
LOOP to the POINT OF BEGINNING hereof;
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(512) 931-3100
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Annexation
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I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA No. SE2
COUNCIL DISTRICT X10. 1
DATE DECEMBER 31, 2608
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 SE2". 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 FLAN
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 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.
TV, CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by
those services which
are
(1)
available to the annexed area imrnediateiv upon annexation; those services which
will
be
available to the annexed area within 2'/2 vears from the effective
date of the
annexation;
and
(3)
those services for zvvh;ch capital improvements are needed and
which will
be available
within
'I years rrom the effective date
of the annexation based upon
a schedule
for construction
of
such improvements as set forth
herein.
Annexation Service Plan for 2008 Annexations Page 1 of 13
Area SE2
if
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 CitEV 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 a�- �d procedures. Per the provisions of Section 13.01.
0"7() 1 }f t r 1� L7 d -Devel p Co7e 11/1=1\,
1/1 irA L r1 a-,. tL. s x ,
,J_v .��?e �>�E':z .�. c�-nent �✓�:., �� ), for :,i�"t�i=7tte.t 'acL ;n use ar?r`ie.tee�1,
area, the "._ t'v s' a", not repair, malntaui, instal or provide anv pub" utHitleS or
services m any sub t. jSron for which a Final Plat
has not been approved and Med
for record, nor in which the Standards contained in the UDC or referred to therein
have not been complied with in full.
Page 2 of 13
f
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 10.01.020 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 anv 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.
b. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, plavgrounds, 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.
8. 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 City's Unified Development Code and Title 13' of the City Code of
Ordinances will apply in the area. These services include: site plan review, zoning
3prrovas, Buildin Lose and other standard Code inspec mon services and Cit'
Cote en?orcemenC sig -11 regulations and permits; anct Stormwater Permit services.
For a full description of these services, see the City's Unified Development Code and
T isle 15 of the Citv Code of Ordinances.
Annexation Service Plan ; or 2008 Annexations Page 3 of 3
Area SE2
i i°
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 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
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2. dater 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 arnv
part of the annexed area that is within the service area of another water or wastewater
.iL"'! .0-'3r MnrLe ed areas located VJitirin `he City's authorized Service area '`' P
s, in.. City
�iai. S �%
b ec- he ms anconditions of this Plan, extend water and wastewater
Si to the terms d
s2ry Ce m ac':ordance with the serdlce eXiensiflri 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 Pian for 1008 Annexations Page 4 of 13
Area SE"
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 21 years of the
effective date of annexation. Therefore, in accordance with Sections 43.063(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
1h years from the effective date of annexation and will be substantially complete within 4
1/2 years 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 Sheets - 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 Citv'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.
S. 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
City.
VIT a• V£iCE iA i V
? . Ccertain events, described as Force Majeure E v eats in this Plan, are those over which the
Citv 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 of 1.3
Area SE2
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 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
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
adopted, the Citv 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.
X, SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section 413.056(e) or the LGC, the following summary is provided
regarcli_ncr the City s current service extension policies for water and wastewater service.
However,. this is a summary of the current policies, and the policies and regulations related to
Nater and wastewater utilitv extensions that are included in the Citv Code of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual; Drainage
Annexation Service Plan for 2008 Annexations Page 6 of 1')
Area _ SE2
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
CUDC") 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 Nater 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 or' 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 in 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
line :s more than one -Half mile away from the property boundary, and where
extension of a sanitary server collection: main or outfall line is scheduled in the
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 Flat approval, the subdivider shall be required to install a public
Annexation Service Plan for 2008 Annexations Page 1 of 13
Area SE2 _
f
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 anv
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 per and paying the required
fees.
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 Citv of the City's
desire for the property to be connected to tH-ie public .sanitary sewer line. if the septic
system fails before the City's centralized wastewater service is extended to within 200
feet of the property and the Citi, deter rinses that the provision of centralized wastewater
service is not feasible or practical at that time, then the property owner trust either
repair or replace the septic system in 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 Plan for 2008 Annexations Page 8 of 13
Area SE2
a I�
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.
5. 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.
5. City Code of Ordinances: (Tile 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:
• r III 1 1' t t
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.
P. '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 utiliiy.
C. Projects should begin the design phase when existing demand at a specific
location exceeds 75% of current capacity and future demand is erected 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
I
tated
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. v
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 1320 of the City Code of Ordinances currently provides as follows:
�. 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 _008 annexations Page 1.0 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
Wis 111F1111,10112► • r
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 1 1 •a iiijiliii 1!111111 1 1111111111 !11 11111111111111
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.
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
13.24 of the Code of Ordinances.
B. <ny 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.
Section 13.20 .060 Sewer Svstem Maintenance
F or 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 Plan for 2008 annexationsPage 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