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ORD 2008-83 - ANX Area SE4
Ordinance # a 0M' x i' consistingannexation of certain territory of approximately 69.1 acres of land out remainingof the F.A. Hudson Survey and L.J. Dyches Survey, including the portions of the B and T Subdivision and Georgetown Technology ordinancesSubdivision, located east of the current ci6Vj limits, west of CR 116, and north of ROW f or the reLL,?L-11a"ortioYs of Sierra "T 11777Z Area SE4, as described in Exhibits A and B of this Ordinance, but excluding the territory described in Exhibit C, which said territory lies adjacent to and adjoins the %resent boundaivi limit of the Citr,-�'R�rgetown,,.Mkxa�.7 and not being a part of any incorporated area; providing for service plans; repealing conflicting • resolutions,* fin.(z a severabilityr • establishingor date,effective 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-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, folio' sing written and published notification given in accordance with state law, the, Citv Council conducted two public hearings on the proposed annexation on September 9, 2008 anoL ve:!te.l ber 2" •���V �, Cn�i .'� ereas. ail of t1he herein-( escriileL oroperty lies within tite etraterritorial iurisdil `--on of the Citi of Georgetown, Texas and not within any incorporated area; and ?_008 Annexation Area SE4 Ordinance No. Page 2 of 4 Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, pursuant to Section 43.035 of the Texas Local Government Code, the property described in "Exhibit C" was determined to be eligible for a development agreement under that provision, and the landowner(s) have entered into said development agreement, the terms of which state that the property shall not be annexed into the boundaries of the city by this Ordinance but instead may be annexed later as provided in the development agreement; 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 Whereas, all prerequisites for annexation as set forth in state law and the City Charter have been complied with; 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: Gaal 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. 1 Policy Statement 3.B. Establish criteria, targets and timetables for the annexation of unincorporated "pockets" into the city. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The 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 Coundl Chamber, 101 E. : th Street, 7/86216, Georgetown, Texas. C. The public hearings were concludecd 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 explainer at the public hearings as required by law. 2008 Annexation Area SE4 Ordinance No. Page 2 of 4 D. Pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, eligible landowner(s) were offered an opportunity to enter into a development agreement in lieu of annexation. A copy of the greements executed pursuant to Section 43.035 and 212.172 of the Texas Local Government Code are attached hereto as "Exhibit C." E. All procedural requirements imposed by state law for full purpose annexation of the territory described in "Exhibit A," and shown in "Exhibit B," save and except the land described in "Exhibit C" have been met. F. "Exhibit D" 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," save and except the land described in "Exhibit C," 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. Section 4. Those properties not included in this annexation ordinance pursuant to Sections 43.035 and 212.171 of the Texas Local Government Code are more particularly and separately described in the attached "Exhibit C", and shall remain subject to terms and conditions of the Chapter 43 Development Agreement(s) entered into with the City of Georgetown. Section 5: The area described in "Exhibit A", and shown in "Exhibit B", save and except the land described in "Exhibit C," of this ordinance, is included in City Council District 3. Section 6. 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 7. 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 8. 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 14th day of October, 2008. Passed and Approved on Second Reading on the 9th day of December, 2008. 1.008 Annexation Area SE4 Ordinance No. Page 3 0{4 Attest: Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney %008 Annexation Area SE4 Page 4 of 4 The Ci .-4f Georgetown: �r George Garver Mayor Ordinance No._'�" i[ T M N a x N � i[ VES£ Imo. M d a� MF 0 a x as t.�.rm si N Icon m c5 3 O O ga O CL c y N C � Q Il Jy � W n s x � y C ¢ C7 0 U D w in O7—fit " !� E Lj VES£ Imo. M d a� MF 0 a x as t.�.rm si Icon u A c5 3 O ga O N 39 o Il Jy � s U o u0ue.f y' ��IwS N104 as t.�.rm 3a�59�u Icon u A c5 3 Fos WraT NEW DESCRIPTI ION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA SE4 Beginning at a point in the easterly boundary Line of City of Georgetown Annexation No. 870407, same being on the intersection of the easterly rit3` t -of -way line of CR l 16 with the northerly right-of-way line of Clearwater Boulevard, same being on the southeast corner of the 7.5178 -acre tract of land (called Tractl ) conveyed to Clearwater Crossing Limited Partnership, LLP, as described in Document No. 2004099864 of the Official Public Records of Williamson County, Texas; THENCE proceeding in a southeast direction with the said easterly right-of-way lin: of CR 116, to the intersect€ion of the easterly right -of way 'tine of said CR 116 with the southerly right-of-way line of said Clearwater Boulevard, same being on a point in the westerly boundary line of the 31.2024 -acre tract of land (called Tract 2) conveyed to Clearwater Crossing. Limited Partnership, LLP, as described in Document No. 2004099864 of the Official Public Records of Williarrnson County, Texas; THENCE proceeding in a southeast direction with the said easterly eight -cif -waw line of CR 116, same being the westerly boundary line of said 31.2024 -acre tract of land (called Tract 2) conVeyed to Clearwater Crossing Limited Partnership,. LLP, to the southwest comer of said 31.2024 -acre tract cif land (called Tract 2) conveyed. to Clearwater Crossing Limited Partnership, LLP, same being the northwest corner of the 5 -acre tract of land conveyed to Pdice Louise Grapski as described in. Document No. 2006109521 of the Official Public Records of Williamson County, Texas: TI--IENCE continuing in a southeast direction with the said easterly right-of-way line of CR 116, same being the westerly boundary line of said 5 -acre Alice Louise Grapski tract, to the southwest corner of the said 5 -acre Alice Louise Grapski tract, same being the most northerly southwest corner of the 19.0651 -acre tract of land conveyed to Williamson County, Texas, as described in Document No. 2006080280 of the Official Public records of Williamson County, Texas; THENCE continuing in a. southeast direction with the said easterly right-of-way line of CR 116, to the most southerly southwest corner of said 19.0651 -acre Williamson County tract, same being the most northerly southwest corner of the 94.1189 -acre tract of land conveyed to Williamson County, Texas, as described in Document No. 2001021470 of the Official Public Records of Williamson. County. Texas; T HENCE continuing in a southeast d inirection with the said easterly right -of way line of CR I 1 b, same being the westerly boundary line of the said 94.1189 -acre Williamson County tract, to the most southerly southwest corner of the said 94.1189 -acre Williamson County tract, same being the northwest corner of the 5.036 -acre tract of land conveyed to James L. Brock and Wife; =bulb D,.3rock as described it �olunne 1803, Page ; 3 :�f the Gfi�ci£al Records of Willnarnson County, Texas; .wnn •t 3t :k m n �.,Y` r scutneast ajrLCTI 'i'r: Yva•u� 3.xe Sala grit +.. �.�..La. rj y i 11.;x. 1�i. _}:..-4�(i� r ll ... it. .4Ii _ :L, a.Vi:..���d�uing :�. i 6, sa.n e being the �westeMboundaryv ii �e rpt said 5.036 -acre Brod tract, �o I' e northwest Cat e 01 tie ✓.1 ?-am Incl of liana convcyed l am.es L Broe and aula D. roc;ls as ?'A. ► 1, t -% described in Volume 734 Page 705 of the Official Public Records of Williamson County, Texas; ` UENC:E proceeding in a southerly direction with the said easterly right-of-way Eine of CR 116, same being the westerly boundary line of the said 5.026 -acre Brock tract. 10 the southwest corner of the said 5.026 -acre Brock tract, sane being the northwest corner of the 5.04 -acre tract of land conveyed to Philip Anderson and Kae Lynn Anderson as described. in. Volume 749 Page 721 of the Official Records of Williamson County, Texas; THENCE continuing in a southerly direction with the said easterly right-of-way Eine of CIR. 116, same being the westerly boundary tine of the said 5.04 -acre Nnderson tract, to the southwest corner of the said 5.04 -acre Anderson tract of land, same being the northeast intersection of CR 116 and Lookout Ridge Road; THENCE continuing in a southerly direction, crossing through the right-of-way of said Lookout Ridge Road, to the southeast intersection. of said CR 11.6 and Lookout Ridge Road, same being the northwest corner ofthe 5.08 -acre tract of land conveyed to (3regory C. Hall and Bette J. Hall as described in Document No. 2001091658 of the Official Public Records of Williamson County, Tetras; T1-lEi�,rCE continuing in a southerly direction with the said easterly right-of-way line of CR 116, same being the westerly boundary line of said 5.08 -acre Ball tract, to a point which is perpendicular to the northeast comer of the 6,01 -acre tract of land conveyed to W. D. Kelley Foundation, as described in Document No, 2006039850 of the Official Public. Records of Williamson Col=nt;, Texas; THENCE proceeding in. a westerly direction crossing through the right-of-way CR 116 to a point in the westerly right-of-way line of CR 11.6, same being the said northeast corner of the 6.01 -acre Kelley Foundation tract, same being the southeast corner of the 39.03 -acre remnant portion. of the 66,9 -acre tract: of land conveyed to Samuel V. Fox and wife Margaret E. Pox as described in Volume 483, Mage 404 of the Deed Records of Williamson County, Texas; THENIC.F proceeding in a westerly direction with the southerly boundary line of the 39.03 - acre remnant portion of the 66.9 -acre Fox tract, sane being the northerly boundary line of the said 6.01 -acre Kelley foundation tract, to the northwest corner of the.. aforementioned 6.01 - acre W. D. Kelley Foundation tract, same being the southwest comer oz the said 39.03 -acre remnant portion of the 66,9 -acre Fox tract, same being a paint on the easterly boundary line of the 36.' 6 -acre tract of land conveyed to W, D. Kelley Foundation as described in Document No. 2002001129 of the Official Public Records of Williamson County, Texas; THENCE proceedingin a northerly direction with the westerly boundary line of said 39.03- ac r t 2 Ilciilt r�ortion ofthe €�6.9-acre Fox tract. came beingthe easteriy botmdaru Iine of said 36.:6 -acre W. D. Kelley Foundation tract, io the northwest corner of said 36.11 -acre W. D. e?lev Foundation tract: i i 9A T r e Ct£:ri in a J steriy directio ` iti1 ;i1 t3�i2fi1lL'ri d boundary, iIi �;i aitl �3. �J- q T % .e tract, ; we -awls, b {`ir v {a { l%- th s i� 0 # .iw ',V.. i1 t w4' i"'QI�t�Cu''IlShia GP. the westerly s �?uLi c Ari �. said }. - acre remnant portion of the 66.9 -acre 'Fox tr=act. to the southeast comer l of 2, B and 'l` v Subdivision as recorded in Cabinet L, Slide 184 of the Official flat Records of Williamson County, Texas; THENCE continuing in a westerly direction with the southerly boundary line of said Lot 2 of B and T Subdivision. to the southwest corner of said Lot 2, B and T Subdivision, same being on a point in the easterly right-of-way line of Interstate Highway 35, same being on a point in the easterly boundary line of City of Georgetown Annexation No. 71 -AS; THENCE proceeding in a northerly direction with the said easterly boundary line of City of Georgetown Annexation No. 71-A5, same being the easterly right-of-way line of said Interstate Highway 35, same being the westerly boundary line of said Lot 2 of B and T Subdivision, to the northwest corner of: said Lot 2 of B and T Subdivision, same being the southwest corner of City of Georgetown Annexation No. 2001-01; THENCE proceeding in a northeasterly direction with the southerly boundary line of said City of Georgetown Annexation No. 2001-01, same being the northerly boundary line of said Lot 2 of B and T Subdivision, to the northeast cornea of said Lot 2, B and T Subdivision, same being the southeast corner of Lot 1 of B and `r Subdivision, same being; on a point in the westerly boundary line of aforementioned 39.03 -acre remnant portion of the 66.9 -acre Fox tract; THENCE proceeding in a northwesterly direction with the easterly boundary line of said City of Georgetown Annexation No. 2001-01, same being the easterly boundary line of said. Lot l of B and T Subdivision, same being the westerly boundary line of the said 39.03 -acre remnant portion of the 66.9 -acre Fox tract, to the northeast cornier of said Lot 1 of B and T Subdivision, same being the southeast comber of Dennis P. McCoy Subdivision as recorded in Cabinet 1, Slide 300 of the Mat Records of Williamson County, Texas, same being the northeast comer of City of Georgetown Annexation No. 2001-01, same: beim; the southeast corner of City of Georgetown Annexation'No. 870407; "THENCE continuing in a northwesterly direction with the easterly boundary line of said City of.'Georgetown Annexation No. 87-0407, same being the westerly boundary line of the said: 39.03 -acre remnant portion of the 66.9 -acre 14ox. tract, sane being the easterly boundary line of said Dennis P. McCoy Subdivision, to the northeast corner of said of: Dennis P. McCoy Subdivision, THENCE proceeding in a westerly direction with the easterly boundary line of said City of Ceorgetown 2u"exation No. 87-0407, same being the westerly boundary line of the said 39.03 -acre remnant portion of the 66.9 -acre Fox tract, same being the northerly boundary line of said Dennis P. McCoy Subdivision, to an angle point in. the easterly boundary line of said City of Georgetown Annexation No, 87-0407, same being the southeast corner of the 0.996- a.cae <'ract of land conveyed tvt carnes R. Alexander and Wife, Sherry A. Alexander as described in Volume 968, Page 824 of the Official Records of Williamson County, Texas.- -Eh `i"' Cice, p�'oceeydino zi. a 'no tk er' y direction rtV�(�i.i i.i}.L easter' i boundary lade a! said, lCity O Ge0-Nrgek.0V1rza. Annexation No. 8 7-0ACYi, Szmitu being the easterly boundary line ofsaid. 0,996- a - Ai ;tander tim t, same eiu tie westerht boundary line of the Said 40 acym =nlant r n .} the '`066.9-acre 6.9 ` e Fox tr t/ the southeast, ! o ter of Venture e One, a subc1lN ision portion 'J� Lif1J LV.I `�VrL li:A�:t, ..Li i31L ilVt.it1AL'LLJi 4VLnL1 Vl_ Y �lia.'<hr4 1 J recorded. in Cabinet: J, Slide 294 of the Plat Records of Williamson County, Texas, sane being the northeast corner of said 0.996 -acre Alexander tract; THENCE continuing in a northerly direction with the easterly boundary line of said City of Georgetown Annexation No. 87-0407, same being the westerly boundary line of the said 39,03 -acre remnant portion of the 66.9-ac.re Fox tract, same being the easterly boundary line of said Venture One Subdivision, to the northeast corner of said Venture One Subdivision, same beim the southeast corner of the 1.0 -acre tract of land conveyed to Texas Conference Association of'Seventh-Day Adventists as described in Volume 844, Page 370 of the Official Public Records of Williamson County, Texas; THENCE continuing in an northerly direction with the easterly boundary line of said City of Georgetown Annexation No. 870407, sante being the easterly boundary line of said 1.0 -acre Texas Conference Association of Seventh-Day Adventists tract, same being the westerly boundary line of the said 39.03 -acre remnant portion of the 66.9 -acre Fox tract, to a point in the southerly boundary line of Georgetown Technology Park, a subdivision recorded in Cabinet K, Slide 73 of the flat Records of Williamson County, 'Texas; THENCE continuing in an northerly direction with the easterly boundary line of said City of Georgetown. Annexation No. 870407, through the interior of said Georgetown Technology Park Subdivision, to a point in. the northerly boundary line of said Georgetown Technology Park:, same being on a point in the southerly boundary line of the 17,047 -acre tract of land conveyed to Alice Louise Grapski Trust No. 1 and Macie Elizabeth. Wyly Trust No. 2 tract of land, as described in Document: No. '4006109519 of the Official Public Records of Williamson County, Texas; THENCE continuing in a northerly direction with the easterly boundary Eine of said City of Georgetown Annexation No. 870407, through the interior of said 17,047 -acre Grapski tract; to a point in the easterly boundary line of said 17.047 -acre Grapski tract, same being on a point in the westerly right-of-way line of aforementioned CR 116; THENCE continuing in a northerly direction, with the easterly boundary line of said City of Georgetown Annexation No. � 70407 crossing; through the right-of-way of said CR 116, to the Point of Beginning hereof; .i,h. t: i s , N n an wf3 s re ,3 rex: 7. '. E' `7 l r r r. �' Ei0� sit G`^.cam � . , ,n,^C ' '-c �"L�Gr t:. .a ri?. L'I....?�;5 Gig rail on i_i'ie gr©O ung- Survey, aIr. rj �.S 0 =0 ,t,,e used ._..., convey or atb1.3 =.n riit l.J nrpeY"^�* C�."i.0"�ni=. f'[`•2 ��.e y.... r:l�S' :1::%i .711 L�t Y'P:j t -S `J c'.Ys.-�.•4zS _ ., ed car as tab s ed by e rr�a� I�:1a 0 c a;z"t: ur�r_�_; t e r �u;t<�r ..uo_' v J ^ ? subdiv! ion _"or rrt A: Nes ) r r ar>d. 1_,he po . _ i51?3 91714100 ' s 1 i FT.B f �1/� .4t�� n7 T 4 +1Y ilk;' r' v,..;z .a ,._.�4�. N0 ,�t'�i `'I e� ® 1 6 STATE OF TEXAS COUNTY OF WILLIAMSO CITE' OF GEORGETOWN, TEXAS CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT i`1tls Pkorr€',ement :s entered into pursuant to Sections 43.037 and 111 of the Texas Local Government Code by and between the City= of Georgetotti�n; 'Texas (the "City") and the undersigned property owner(s) (the "Owner"j. The term "Owner" zncludes ail owners of the ProDert,,_ WHEREAS, the O''A ler owns a parcel of real property (the "Property") in Williamson County, "Texas, which, is more particularly and separately described in the attached F,virit�it "A and WHEREAS, the l roperty is currently located in the extraterritorial Jurisdiction of the City, and has been appraised t1or ad valor.erri tax purposes as land for agricultural or wildlife managf rnent use under Subchapter C or D, Chapter 23, Tax Cede, or as timber !and under Subchapter E of that Cnap ter; and WHEREAS, the City has began the process to institute annexation proceedings on all or portions of the Property and has held public hearings on September Q. 2008 and SFeptember ?� 20t1S, and WHEREAS, the Owner desires to have the Property remaial in the City's extraterritorial jurisdiction, in consideration for w=hich the Owner agrees to enter into this Agreernent, an d WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 2,117". of the Texas Local Government Cade, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the `'itv ackno%vleelge that this Agreement is binding upon the Cit,, and theOthrnerunci their respective successors and assigns for the term (defined below) of this y2 yreemtent; and WHEREAS, this Development .=agreement is to be recorded in the Deal Property Records f `,t;'iTl3'ar 3St7T? CL)ti2Z 1 , Fe --as at the ex`Jense of the Qt`v'. NOW, TIEREFOItiE, u1 CC;IZSii12t"a1Cn Ji the utL ci� CC3l'4Z tilts CC?I1tz2 ]£ i� : elE 1P; file tic Annexation De.Veli.7piT ent AgTre�M'r;,,1Y Section 1. Continuance of Extraterritorial jurisdiction Status. 1.1 The City gu.arantees the continuation of the extraterritorial status of tine Owner`s Propertzr, its Lmmunity from annexation by the City, anci its immunity from City property taxes, for he Term of this Agreement, subject to the provisions of this Agreement. 1.2 Except as provided in this Agzeement, the Cit�T agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Tenn of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Goverr=erit Code. Section 2_ Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Other uses 2.'i The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the City. 2. % The Owner covenants and agrees that the Owner w Il not file any t?, pe of application for a subdivision plat or other development -related approval for the Property with ililiamson County or the City until the Property has been annexed into, and zoned by, the Cita'. 2.0 The Owner Covenants "arid agrees not to construct, or allow to be constructed, any buildings- on the Property that would require a building permit if the Property were in the cite limits, u.nbl. the Property has been annexed into, and zoned by; the City. The Owner also covenants and agrees that the City's AG—AcC;ricultare zoning district requirein-ents apply to the Property?, and that the Propert 7 shall be used only for AG— Agriculture zoning uses &.at exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. I-lowever, the Owner may const-uct an accessory structure to an existing single family dwelling in compliance with all applicable Cite ordinances and codes. /A TI -ie Owner acknowledges that each and every owner of the Propert�J must sign this A greement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS TI IS AGREENILENT COVENANTS AND AGREES, )JOINTL Y AND SEVERAvL' ; TO NDEI��iNItY, HOfi, D I-LA.R2NTLESS, AND DFFE 'D THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CALMING AN OWir ERSaP1' INTEREST rN ' THEPROPERTY WHO HAS NOT SIGNED T 14 < , r� T , ,. AGi'tiEs vIE T, �,P�.LING { � ANY �arAY ?QOM n CIT`f S R� MANCE ON I nIS ,annexation Dev'elopm :nt.Agrccment Page 2 of 8 Section 3. Effect of Certain Filings or Actions. 3.1 The Owner acknowledges that if any application for a plat or other deveiopment- related approval is filed In violation of this Agreement, or if dle & rner cornrnences development of the Property in violation of this .^.greement, then in ---addition to the . City's other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner, 3.2 If aT-inexation proceedings begin; pursuant to t' -ds Section, the Owner acknowledges that this Agreement serves as an exception to Local Govem*nent Code Section 43.052, requiring a municipalz't}r to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the 'I eras Local Goverrimetrtt Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Govenment Code, the City is authorized to enforce all of the City's regulations and planning authority =i)at do not materiallyinterfere with the use of the Property for agriculture, wildlife management, or timber, in the same :manner such regulations are enforced within the City's boundaries, 4.2 The City states and specificallyr reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 3, Term; Annexation On or After the End of the Term 5.1 The term of ffis Agreernent (the "Tenn") is fifteen (15) years from the elate that the City Manager's signature to this Agreem e n t is acknowledged. by a public notarv, unless sooner tern-iinated as provided for n Section 3, above, or if the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife managernent, or timber land, if this Agreement is terminated because the Property* no longer has an exemption front cid ualorem taxes for agricultural, wildlife management, or timber land, then the effec' ve date of sucl termination shall be the effective date of such change ge n exempt<on status Tor ati valorem tax purpoSes9 52 T17e Ovtier, and all of the 0��� en`s l e rs, successors and assigns shard be deemed to have rile`i a P.G Hlon nr vollunta,-I1nnexanon beF:?re t7ke end of the Ter ,;(}r annexation or the PI pertIv to be completed on or after the end of the 'e=, Prior to usle e"C' of ie l ^er' t, the City T: gay COrnmence the voluntary anrle\ation of Che Froperty. in I. e �tr1�reD'v waive anGurs'uant 'iCCrSeC n t1. Z arseXaII3r I.; ? rra^"'! h" ^c t x to a r `; Sted rl rILS they may tP,a"vE yi ael Ce��C,^% �v,'����af(2 aY[t Cilat7ttr ��i C',I �'e lexis .-'17 nexatior; Development Aareement Page.3 of 80 PC), 1001 y ®F3t a' Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may ituitiate during; the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Zoning 6 1 Property annexed pursuant to this Agreement will initially be zoned AG --- griculture pursuant to the City's unified Development Code. 01Ovvner may file an application for another zon.incy classification, and a:nv such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Plan, and other policies of the Citv. Section 7. Notice. 7.' Anv person, wilo sells or convey=s any portion of the Property shall, prior to such sale or conveyance, gig=e written notice of this Agreement to the prospective purchase' or grantee, and shall give written notice of the sale or conveyance to the City. Owner and the Chwner's heirs, successor, and assigns shall give the City written notice lvvithin fourteen '14) days of any change u -i the agricultural, wildlife management or timber unci tax exenZption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in ,�rritiiag and sent to the City aria certified mall, return receipt requested, to the following address: City of G'eargetown, Attn: Cite :itanager P.G. Box 409 Georgetown, 'Texas 78627 Section S. 'I%is Agreement shall run with the Property and be recorded in the real propertAl records of Williamson County, 'Texas. Section 9. if a court of competent jurisdiction; determines that ariv covenzint of this Agreement Is void or unenforceable, including the covenants regzirding iitvolulitary annexations, then the remainder of this Agreement shall remain in full force and effect. Section 10. This :Agreement may be enforced by any Owner or the City by any proceeding at lav%l or iri equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement ;hereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Acrreement or the City's ability to annex the properties covered T erein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement snai be in `vti'illianlSon County, Texas. Section 13. This Agieernent may be selPar .elv executed in Lrtdlvld.uaE counterparts upon execution, sha?_1 Constitute one and sante instrument. Section 14. This Agreement shall survive its termination to the extent ncceSsary for the implementation of file pros=isions of Sections 3, 4, and ti herein. Entered into this OWNER(S): Printed Printed Name: Printed 'game: Printed ?tiarne: Page 5 of 8 day= of t�arraret Fc>x 2008. THE CITY OF GEORGETOWN, TEXAS Bw>: Printed Name: Paul Branillenbura Title: Ctvr 'vianaaer f: C? ITAk .\i t s`) .FOLLOW ON 5.` PARKt` TE TIAGE 51 THE STATE OF TEXAS COUNTY OF WILLI.ANISON r� :leis instru ��ent was acknowledued before me on the x----. ci3y of 22008, by Margaret ret Fox 1 }1NI3E T, DEBRA MARSHALL Notary Public, State of Texas My commissiat Expires JUNE 27, 21309 THE STATE OF TEXAS } COUN T Y OF } Notan7 Public, Slate of Texas This instrument was acknoliviedcred before me on the 2008, by _ Ov%rner. Notary Public, State of Texas THE SI'ATE OFTEXAS } COUNTY OF This instrument was ack,.iciwledved before e on the 2008, by � Owner. Notary Public, State of Texas THE STATE OF TEXAS � COU'N'TY OF 1 This in tument was ac<nowledo ecz before me on the ')008 b -v Owner. Nt.'rCai'1<' Public, JLGitC' of ('Xt2 Annexation Development -%Lgreemenl 0 P09 day of dad' of day of THE STATE OF TEXAS CSSyTrY OF WILLIAMSON "'his y&tru: e t was acknowledged br me on the ,200», Paul Brandenburg, 2 &l a 2 Cit G z m c Notary Pub,5%» G Texas AFTER RECORDING RETURN T K mz w , Ad-Lild-nistrative. Assistant rnlymp and Decl mml Services S% of Gewa v% Texas ±S Box «9 Georgetown. Texa 2 page 71 of's d+. \ # 2ƒ./ \ . �» .<»y «. � 6°© Texas. N sEXHIBIT A a f a lK. Fox ryry �I'ropert y t>7 tsar 8039833 OG R ETC��1�N September 17,2W8 TEXAS Legend aeta (rax ID Number Nowd) ,HHpaos� i"`-.- . warn j River ga'aotc�®r Current CGw Linmts Water Buda Property Ume C09t'SSte i1P $t 51t inc iexn5 t rte C'3anc)Cmtrai 7�a�ec/%Af7 h,/lJ5 Firet farl(wrapii1ta For Lnmnd flannmfr turm Lf Only «q Fox ryry �I'ropert y t>7 tsar 8039833 OG R ETC��1�N September 17,2W8 TEXAS Legend aeta (rax ID Number Nowd) ,HHpaos� i"`-.- . warn j River ga'aotc�®r Current CGw Linmts Water Buda Property Ume C09t'SSte i1P $t 51t inc iexn5 t rte C'3anc)Cmtrai 7�a�ec/%Af7 h,/lJ5 Firet farl(wrapii1ta For Lnmnd flannmfr turm Lf Only s I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA No. SE4 COUNCIL DISTRICT No 3 DATE: DECEMBER 31, 2008 This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local 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 SE4". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on September 9, 2008 and September 23, 2008 in accordance with Section 43.056(j) of the LGC. IL TERM OF SERVICE PLAN Pursuant to Section =13.056(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 immediately upon annexation; (2) those services which will be available to the annexed area within 21 vears from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein, Annexation Service Plan for 2008 Annexations Page 1 of 13 Area SE4 006 100143! 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 43.0�6(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 crater and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC") for unplatted �.� acts in the annexed area, the Citv shall not reroair, maintain, install or provide anv public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan For 2008 Annexations Page 2 or- 13 Area SE 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry- seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to 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 hill. 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 City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privatelyowned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. i. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library -Upon annexation, library privileges will be available to 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 15 of the Citv Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Build ng Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the Citv's Unified Development Code and Title 15 of the City Code of Ordinances. Annexation Service Plan for 7.008 Annexations Page 3 of 13 Area SE4 OgD. J9bit 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; Sexuallv Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations — The provisions of Chapter 3 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?/7 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The Citi° 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 T2DC shall apply. ze City shall have no obligation to extend water or wastewater service to anv part of the annexed area that is within the service area of another water or wastewater UM tv. For annexed areas located within the City's authorized service areas, the City shall, subiect to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension Annexation Service Plan Yor 2008 Annexations Page 4 of 13 Area SE4 W084-31 f of water and wastewater services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the 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 43.0605(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/_ years from the effective date of annexation and will be substantially complete within 4 lh 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 Citv 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. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services, Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the Citv'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 VII. FORCE MAJELiRE AND SCIHED LE # XTENSiONS 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 ?008 Annexations Page 5 of 13 Area SE4 091D. R00843 t 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 Citv, 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 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. 1X. 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. ':)UM ✓ ARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Fer the rea uirements of Section 43.056(e) of the LGC, the following Sum=ryis provided regarding the C itV 5 current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Annexation Service Plan for 2008 annexations Page 6 of 23 Area SEA ow. 2-00V4-3 f Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro - rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. 1 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 Re 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 Citv'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 7.008 Annexations Page i of 13 Area SE4 Me ;Z00843 EX! / 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 server 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 feet of the property and the City determines that the provision or centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the 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 SE4 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. S. 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 pavments, 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: IMM 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. f P FM, 8-1011-1go 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 utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. Annexation Service Plan for 2008 Annexations Page 9 of 13 Area SE4 'bill 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 Cltv'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 Pee or connection fee reduction or waiver. Chapter 1320 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 pre: ises 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 Sewagc 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 1 1 , 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. 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 bythe City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 1' .24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. A. For propeies with gravity wastewater service, the property owner and utility ty 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 Annexations Page 12 of 13 sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may encFage 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 i3 I