HomeMy WebLinkAboutORD 2008-84 - ANX Area SE5OrdinanceNo. •o A
r s: s,, t s .. s s t ► s,
the extension of boundary limits of of -t •.•'s and the
south and east of the current citv limits alon the Quail 121LWWLM���
annexation of certain territory roximately 47.25 acres of land out
of the Win. Addison Survey, located west CR 110, north of SE Inner Loop, and
s
inciT
ss r -iy " acres ot RV.-! s
Inner tss referred to as 2008s; . SE5, as described a
and B of t but sing the territory described in Exhibit
City
of Georgetown,not being a s.rt of any incorpora.ed
providings srepealingordinances and resolutions;
includings and . date.
Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and
WHEREAS, the Cib,7 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 September 23, 2008; and
Whereas, all of the herein -described Property lies within the extraterritorial jurisdiction of
Lite C itv t i Geofrge own, i exas and not within arty incorporated area; and
Whereas, the herein -described nrouerty lies adjacent and contiguous to tl-te Citv of
Georgetown, Texas; and
2008 Annexation Area SED Ordinance No.
Page 1 of 4
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:
Goal 3: Provide a development framework for the fringe that guides sound, sustainable
patterns of land use, limits sprawl, protects community character, demonstrates sound
stewardship of the environment, and provides for efficient provision of public services
and facilities as the city expands.
Policy Statement 3.8. Establish criteria, targets and timetables for the annexation of
unincorporated "pockets" into the city.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other 2030 Comprehensive Plan Vision Statements, Goals and Policies.
Section 2: The 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 Citv's
internet website.
3. The
Public
hearings
were held on September 9, 2008 and September 23, 2008, each at
6:00
C. The
p.m. at
public
the City
hearings
Council Chamber, 101 E. 711, Street, 7/86 26, Georgetown, Texas.
were concluded after providing an opportunity for all persons
present
was
to be heard with respect to the proposed annexation. A proposed Service Plan
made available and explained at the public hearings as required by law.
2008 Annexation Area SES
Page 2 01'4
Ordinance No. P,008
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 agreement 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-1" 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-1 ", 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-1 ", of this
ordinance, is
included in City Council
District 1.
Section b. 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 1411, day of October,, 2008.
Passed and Approved on Second Reading on the 911 day of December, 2008.
'008 Annexation Area SE5
Page 3 of 1
Attest:
Sandra D. Lee
City Secretary
Approved as to form:
Citv Attornev
J J
2008 Annexation Area Sts
Page 4 of 4
The City of Georgetown:
George Garver
Mayor
Ordinanc.o No. 4 ,.,,i
{sI
1
7
Ile If
Sandra D. Lee
City Secretary
Approved as to form:
Citv Attornev
J J
2008 Annexation Area Sts
Page 4 of 4
The City of Georgetown:
George Garver
Mayor
Ordinanc.o No. 4 ,.,,i
/
®
\_
\
�
I2 c
f/
/
/
I2 c
f/
/
/
/
\
\
�
\
LLJ
��
g
j
/
�
��
I2 c
f/
/
/
\
�
\
�
��
I2 c
f/
/
/
�
��
DESCRIPTION OF CITY OF GEORGE'T'OWN, TEXAS, ANNEXATION AREA SETS
Beginning at the southeast corner of the City of Georgetown Annexation No.74-01, same
being on an angle paint in the westerly boundary line of City of Georgetown Annexation No.
85-39, :same being on a point in the northeasterly right-of-way line of CR 110 (also known as
Hutto Road), same being the on a point in the southerly boundary lint of Smith Branch
Floodway Lots as shown on FINAL! PLAT UNIVERSITY PARK, SECTION ONE, a
subdivision as recorded in Cabinet G, Slides 162 - 166 of the Plat: Records of Williamson.
County, Texas;
THENCE proceeding in a southeasterly direction with said westerly boundary line of City of
Georgetown Annexation No. 85-39, same being with said northeasterly right-of-way line of
County Road No. 110, same being with said southerly boundary line of said Smith Branch
Floodway Lot, to a point being the most southerly corner of said Smith Branch Floodway Lot.,
same being on an angle point in the westerly right-of-way line of Southwestern Boulevard
(80' right -cit way width) as shown on said FINAL PLAT UNIVERSITY PARK, SECTION
ONE;
TI-I-ENCE continuing in a southeasterly direction with said westerly boundary line of City of
GeorgetwAn Annexation No. 85-39, same being with the southerly ternlinus line of said
Southwestern Boulevard as shown on said FINAL PLAT UNIVERSITY PARK, SECTION
ONE, same being with said northeasterly right-of-way lire of County Road No. 110, to the
most southerly corner of said City of Georgetown Annexation No. 85-39, sane being on an
angle point in the westerly boundary line of City of Georgetown Annexation No. 97-64, same
being on a point in the westerly boundary line of Block N. of UNIVERSITY PARK -UNIT
TWO SECTION ONE, PHASE B, a subdivision as recorded in Cabinet Z, Slides 1.87 - 1893
of the Plat Records of Williamson County, Texas, sane being the most southerly corner of
said Southwestern Boulevard of said FINAL PLAT UNIVERSITY PARK, SECTION ONE;
THENCE continuing in a southeasterly direction with said westerly boundary line of City of
Georgetown Annexation No. 97-64, same being with the northeasterly right-of-way line of
County Read No. 110, same being in part with said westerly boundary Line of Block N,
UNIVERSITY PARK -UNIT TWO SECTION ONE, PHASE B, in part with the westerly
boundary line of FINAL PEAT RAINTREE, a subdivision as recorded. in Cabinet F, Slides
1 18 - 119 of the Plat Records of Williamson County, Texas, to the southwest comer of said
City of Georgetown Annexation No. 97-64, same being the southwest corner of FINAL
PLAT RAINTREE, sarne being the southwest comer of a called 61.74 -acre tract of land
conveved to Sandra Davidson as described. in Document No. 2002022445 of the Official
Public Records of Williamson County, 11-exas,
T 1lENC::Es departing The boundary line of said City of Georgetown Annexation No. 97-64,
continuing in a southeasterly direction with said northeasterly rig
ht-ol-way line cif County
Road No. 1.10, same being in part with the southerly bowidary line of said 61 7 -4 -acre
Davidson tract, and in part with the southwesterly boundary Line of a the remnant portion of a-
called 107.37 -acre tract of land conveyed. to Wesley J. Poarch and Connie Poarch as described
in Volume 2696 Page 887 of the Official Records of Williamson County. Texas, to the
northeast corner of City of Georgetown Annexation No. 2006-140, same being the northwest
comer of City of Georgetown Annexation No. 2006-124, same being the most southerly
comer of said remnant portion of the 107.37 -acre Poarch tract, same being on a paint in the
said northeasterly right-of-way line of County Road No. 110 at the intersection with the
northerly night -of -way line of SIS Inner Loop, for the most easterly corner hereof;
THENCE proceeding in a westerly direction with the northerly boundary line of said City of
Georgetown Annexation No. 2006-140, through (across) the interior of said County load No.
110 right -cif -way, to the most easterly earner of the remnant portion of a. called 179.2993 -acre
tract of land conveyed to Williamson County, as described in Docun-ient No. 199975478 of
the Official Public Records of Williamson County, Texas, same being on a point in the
southwesterly right -cif -way Eine of said County Road No. 1 10 at the intersection with the
northerly right -cif -way line of said SE Inner Loop;
THENCE proceeding in a southwesterly direction with said northerly boundary y line of the
City of Georgetown Annexation No. 2006-140, same being with the southerly boundary line
of said remnant portion of the 179.2993 -acre Williamson County tract, same being with said
northerly right-of-way line of SE Inner Loop, to a point being the most easterly comer of a
called 10.0) -acre tract of land conveyed to Williamson County, as described in Document No.
2006086736 of the Official Public Records of Williamson County, Texas, same being on an
angle point in the southerly boundary line of said remnant portion of the 179.2993 -acre
Williamson County tract;
THENCE continuing in a westerly direction with, said northerly boundary line of the City of
Georgetown annexation No. 2006-1401, same being with said northerly right-of-way line of
SE Inner Loop, same being with the southerly boundary lire of said I 0.0 -acre Williamson
County tract, to a point in the northerly boundary line of said City of Georgetown annexation
No. 2006-1.40, same being the on a point in the easterly boundary line of the City of
Georgetown Annexation No. 80-16, same being on a point in the southerly boundary line of
said 10.0 -acre Williamson County tract, for the most southerly corner hereof;
TI NCE proceeding in a northwesterly direction with said easterly boundary line of the City
of Georgetown Annexation No. 80-16, same being in part through the interior of said 10,0-
acre Williamson County tract, and in part through the interior of said remnant portion of the
179.2993 -acro Williamson Countytract, to a point being an angle point in said easterly
boundary line of the City of Georgetown Annexation No. 80-16, sante being on a point in the
northwesterly boundary line of said remnant portion ofthe 179.299.3 acre Williamson County
tract, same being an a point in the southeasterly boundary line of a called 23.94 -acre tract of
a �..,u„ Q 'F -VALLEY I�1 lL C 1"rIE �T C 3EZ� try C� t ss esenned in
toad. conv� �. o U
Volume, 7S l Page 293 of chu Public Records of >Villiar?son Cou=nty. `l'exas
THENCE proceeding in a easterly direction for a short distance with the easterly boundary
line of the City of Georgetown Annexation No. 80-16, same being with said southeasterly
boundary line of the 23.94 -acre QUAIL VALLEY DEVELOPMENT CORPORATION tract,
same being with said northwesterly boundary line of the remnant portion of the 179.2993 -acre
Williamson County remnant tract; to an angle point in said easterly boundary line of the City
of Georgetown Annexation No. 80-16;
THENCE proceeding in a northwesterly direction with said easterly boundary line of the City
of Georgetown Annexation No. 80-16, same being through the interior of said 23.94 -acre
QUAIL V ALL EY DEVELOPMENT CORPORATION tract, to an angle point in said
easterly boundary line of the City of Georgetown Annexation No. 80-16, sante being on a
point in the southerly boundary line of City of Georgetown Annexation No. 84-58 same
being on a paint in the northerly boundary line of said 23.94 -acre QUAIL VALLEY
DEVELOPMENT CORPORATION tract, same being on a point in the southerly boundary
line of Block 1), FINAL, SMITH l BRANCH PARK, a subdivision as recorded in Cabinet E
Slides 398 - 399 of the Plat Records of Williamson County, Texas, for the most westerly
corner hereof';
THENCE E proceedingin an easterly direction with said southerly boundary lime of City of
Georgetown Annexation No. 84-58,. same being with said southerly boundary line of said
FINAL SMITH BRANCH PARK. subdivision, same being with said northerly boundary line
of the 23.94 -acre QUAIL VALLEY DEVELOPMENT CORPORATION tract, to the
southeast corner of said City of Georgetown Annexation No. 84-58, same being on an angle
point in the westerly boundary line of City of Georgetown Annexation No. 86-57, same being
the southeast corner of Lot 6, Block C of said FINAL SMITH BRANCH PARK, same being
oto an angle point in the westerly boundary line of Lot 6, Block M, of QUAIL VALLEY
SECTION TWO, a subdivision recorded in Cabinet D Slides 199 - 201 cif the flit Records of
Williamson County, Texas;
THENCE proceeding in a southerly direction with said westerly boundary line of City of
Georgetown Annexation No. 86-57, same being with the westerly boundary line of Block. M.
QLfAI:L VALLEY SECTION TWO, same being in part with said northerly boundary line of
the 22.94 -acre QUAIL VALLEY DEVELOPMENT CORPORATION tract, and in pari with
the northerly boundary line of a called 0.5 -acre tract of land conveyed to Williamson County.
Texas, as described in Document No. 9525220 of the Official Public Records of `Williamson
County, Texas, to the southwest comer of Lot 8, Block M of said QUAIL VALLEY
iECTTON TIWOI TWOsame being on an angle point in the nordierly boundary 'line of said 0.5-
acre Wi' iamson County tract;
T-IENTC';E proceeding northeasterly direction with the southeasterly boundary line of said City
of Georgetown Annexation 'No. 86-57, same being with the southeasterly boundary line of
said. QUAIL VALLEY SECTION TWO, same being in part with the northerly boundary line
of said 0.5 -acre Williamson County tract, and in kart with the westerly boundary line of said
23.94 -acre QUAIL VAL14EY DEVELOPMENT CORPORATION tract, to the northeast
corner of Lot 5, Block I, of said QUAIL VALLEY SECTION TWO, same being on a point in
the southeasterly boundary line of Lot 2, Block I, A FINAL PLA 1" OF QUAIL VALLEY
SECTION ONE a subdivision as recorded in Cabinet D, slides 22-24 of the flat Records of
Williamson County, T exas;.
THENCE continuing in a northeasterly direction with said southeasterly boundary line of City
of Georgetown Annexation No. 86-57, same being with the southeasterly boundary line of
Block I, of said QUAIL VALLEY SECTION ONE:; same being with the westerly boundary
line of said 23.94 -acre QUAIL VALLEY DEVELOPMENT CORPORATION tract, to the
northwest corner of Lot 1, Block I, of said QUAIL VALLEY SECTION ONE, same being on
a point in the easterly right-of=way line of Quail Valley Drive ("W right -o way width' per
said QUAIL VALLEY SECTION ONE;
THENCE continuing in a northeasterly direction with said southeasterly boundary line of City
of Georgetown Annexation No. 86-57, same being with said easterly right-of-way line of
Quail Valley Drive, same being with the southeasterly boundary line of said QUAII,
VALLEY SECTION ONE, same being with the westerly boundary line of said 23.94 -acre
QUAIL VALLEY DEVELO TME�NT CORPORATION tract, to the most easterly northeast
corner of said City of Georgetown Annexation No. 86-57, same being the northeast corner of
said Quail Valley Drive as shown on said QUAIL VALLEY SECTION ONE, same being the
northeast comer of said QUAIL VALLEY SECTION ONE, same being the northwest corner
of said 23.94 -acre QUAIL VALLEY DEVELOPMENT CORPORATION tract, same being
on a point in the southerly right-of-way line of aforementioned County Road. No. 11€3;
`17BENCE proceeding in a westerly direction with said northerly boundary line of the City of
Georgetown Annexations No. 86-57, same being with said southerly right-of-way line of
County Road No. 110, same being with the northerly boundary line of said QUAIL VALLEY
SECTION ONE subdivision, same being with the northerly terminus right-of-way line of
Qua.i.l. Valley Drive as shown on said QUAIL VALLEY SECT TON ONE, to a point being on a
point in the northerly boundary line of said City of Georgetown Annexation No. 86-57 same
being the most easterly southeast corner of Coity of Georgetown. Annexation No, 870403;
TT-IENCI_: proceeding in a northerly direction with easterly boundary line of said City of
Georgetown Annexation No. 870403, same being through (across) the interior of County
Road No. 110 right-of-way, to the most easter y northeast comer of said City oi'Cieoraetown
-mi nexation No 8'70403 , same being on a pain, in the souther y boundary unci,,f
alorer meat; ned ('ity of Georgi town Annexation No. 74-01, same bein or; a point in the
northerly right-of-way line of said County load No. 110, same beim on a point in the
southerly terminus right-of-way line of Quail Valley Drive as shown on aforementioned
FINAL PLAT UNIVERSITY PARK, SECTION ONE, same beim on a point in the southerly
boundary line of said FINAL PLAT UNIVERSITY PARK, SECT ION ONE subdivision, for
the most northerly corner hereof,
THENCE proceeding in a easterly direction with the southerly boundary line of said City of
Georgetown Annexation No. 74-01, same being with said southerly boundary line of FINA:1,
PLAN' UNIVERSITY PARK., SECTION ONE subdivision, same being with said northerly.
right-of-way line CounLy Road No. 110, to the F'IN`D of BEGINNING, hereof:
`Phis doc-.Lner t was
p_Capared
and� Y 22
§ T t 663. 2does not
re%
ect 4;,e
is cw an or;
-he Ground
survey,
and is not Lo be used
to
coni✓ey or
r.psu
est-c1'..)1..%=Jh 1%iL�'�..rGryS'ti.�
rrYaL?,1
„�rti � .'..;_y
C=xce—rDt tnn$e r.t.i .('1. $ <?.,':fi
in t,e:rc�$ts
^friglied or esta-bl..'shed
.t..i:
by
the
creat ion or rc'Cor it a:r tiol� c7_"
ttxn
boundary
,t C -he ac,licz4a surd?v:v
.on
i�: W
tic :vis .
,t:repsr
P.0, B{aY 19,37, f='l.='ORGE7'0WN ?TY 78627
(.Si:ZJ 931-371X)
L
SHANE SHAFgf?, R. '. �. S
F-Innex xvi�r7 Area ,"�`
NO. 5281 DATE.
J
o� r�
o
SHAME SHAFER
5281..7:...
SSR L.
STATE OF TEXAS
COUNTY OF WILLIAMSOixa
CITY OF GEORGETOWN, TEXAS
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 222.7.72 of the Texas
Local Government Code by and bet-�tireen the Cit -r of Georgetown, Texas (the "City")and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes ai.I
mvner7 of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Wi.liiarnson
County, Texas, which is snore pard ularly and separately described in the attached
Ex11d7it "A"; and
WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the
LitV, and Inas been appraised for act valorern tax purposes as land for agricultural or
w,ildli_te n-ianagernent use under Subchapter C or D, Chapter 23, Tax Coda, or as timber
land under Subchapter E of that chapter; and
WHEREAS, the Cit,, has begun the process to institute annexation proceedings on all or
13o Lions of the Property and has held public hearings on September 5, 2008 and
September 23,2008; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in, con.side For which the Owner agrees to enter ir:to this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212. 172 of
the Texas vocal Government Code, in order to address the desires of the Owner ai the
procedures of the Cite; and
WHEREAS, the Owner and the Cita{ acknowledge that this Agreement is binding; upon
the City and the Owner and their respe: ti e successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real ?roperty Records
of Williamson CJUnti', Texas at tl?e expense of the. City,
NOWTHEREFORE, inconsideration ofthe mutual covenants contained herein, the
artlt hereto agree is iollows:
Tj
I age of 8
CAD. 1 2-00F44
Exh;bif
Section T. Continuance of Extraterritorial Jurisdiction Status,
1.1 The Cite uarantees the continuation of the extraterritorial status of the Ow -per's
Propert�l, its immunity from annexation by the City, and its immunih, from City
property taxes, for the Term of this Agreement, subject to the provisions of this
A:rreement.
1.2 Except as provided in this Agreement, the City 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 plat=, for the Term
of this
Agreement.
however, if the Property is annexed
pUrsuanr to the terms
of this
Aareernent,
then the Cite- shall provide sez-v ces to
the Property pursuant to Chapter
=#3
of the
Texas
Local.
Government Code,
Section 2 Continuance of A riculture, Wildlife Management, or Timberland.
Use, Prohibition Against Other Uses
2.1 The Owner covenants and agrees not to u.se the Property for anv use outer than
for agriculture, wTilcli.fe management, andi'or timber land consistent with Chatter 23 of
the Texas Tax Coale, except ;car any existing single-family residential use of the Property,
without the rarjor written consent o1= the Cite.
2.2 Z ie Owner covenants and agrees that the Owner will not file anis type of
application for a subdivision plat or other development -related approval for the
Property with Williamson County or the C.ityf until the Property has been annexed into,
and zoned by, th.e City.
2.3 The Owner covenants and agrees not to construct, or allow to be constructed,
any buildings on the Propert} that would rewire a building permit if the Property were
in the cite- limits, until the Property has been Luznexed into, and zoned Ly, the City. The
Owner also covenants and agrees that the City's AG—Agriculture zoning district
requirements apply to the Propert)r, and that "the Property shall be used only for AG
—
Agriculture zoning uses that exist on that Property at the time of tie execution of this
Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory staructure to an existing single family dwelling in compliance with
all applicable City ordinances and codes.
2.4 Tree Owner acknowledges that each and every owner of the Property must sign
this Agreement in order for the Agreement to take full effect, AND "I'HE OWNER WHO
SIGNS THIS AGREE -HENT COVEN��NTS AND AGREES, JOINTLY AND
SE'\�'EP,.LLY, TO INDEMNIFY, HOLO HARIVILESS. AND DEFEND 'I`HE Cl`I`Y
ALAI NST ANY AND ALL LEGAL CLAIMS. BY ANY PERSON CLr-1n ING AN
OWNERSHIP INTEREST iN THE PROPERTY/ WHO HAS NOT SIGNED THE
AGn-�}'++ TH --T S IN (N ANY i}�{ � t Vi T„j., r"l T-7 x,,, O _ THIS
��+-+,-+i���u�Tr 1�}�1.1,L.:4G 1' � l��i.� i YY 1Li i ����� THE 1�1�T 1 S RELIANCE �! �J.� 1. L i�v
AGREEMENT. EEMENT.
Section 3, Effect of Certain pilings or Actions.
3.7 The Owner acknowledges that ifany application for a plat or other development
related approval is flied in violation of this ,:'`agreement, or if. the Owner commences
development of tine Property in violation of this Agreement, then in addition to the
Citti's other remedies; such act(s) will constitute a petition for voluntary annexation by
theJ Owner, and the Property will be subject to annexation at the discretion of the Cite
Council. The Owner agrees that such annexation shall. be voluntary anel the Owner
hereov consents to such annexation as though a petition for such annexation had been
tendered by the Owner.
3.2 If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Govemment Code
SectJon 43.052, requiring a municipality to use certain statutory procedures ander an
annexation plan. PurtheTMore, the Owner hereby waives any and ail vested rig -
tits and
claims that they may have under Section 43.002(x)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Gruner has taken
in violation of Section 2 herein.
Section 4. Enforcement of City Regulations
4.1 Pursuant to Sections 43.035(b)(1)(I3) of the Texas Local Govemment Code, the
City is authorized to enforce all of the City's regulations and planning authority that dc,
not rnateriall,, interfere with the use of the Property for agriculture, wudlife
management, or timber, in the same rn-anner such regulations are enforced within the
Citv`s boundaries.
4.2 The City states and specifically reserves its authorityr pursuant to Chapter 2S1 of
the 'Texas Local Goveriament Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. Term; Annexation On or After the End of the Term
5.T The terra of this Agreement (the "Term") is fifteen (1.5) wars from the date that
the City \Manager's signature to this Agreement is ackno\'ledged by a public laotarv,
unless sooner terminated as provided for in Section 3, above, or i.f. the Property no longer
has an exemption from ad valor•ern taxes for agricultural, wildlife management, or timber
land.. If this Agreement is terminated because the Property no lore er has an exemption
from ad valorem taxes for agricultural, wildlife management, or timber land, then the
effective date of such termination shall be the effective date of such change in exemption
status for ad valorem tax purposes.
5.2 -l'he Owner, and all of the Owner's heirs, successors and ass_igi: s shall be deemed
to have fi'sed a petition for voluntary annexation before the end of tliE Term, for
annexation of the Property to be completed on or after the end of the Terra. Prier to the
end %t" `tl'e Term, tl":e City znav commence. the voluntc r t aril ieXa t"1Ori of Cl'e r C pert}>. in
connection t'Yith artnexaation 'ou suant to this section, the Owners hereoy waive any
vested riChts thetir may have under Section 43.002(a)(2) and Chapter 245 of the Texas
A-nnexation Develop=
op"O. :Z01044
Local Government Code that vv ould otherwise exist by v rtae of any plat or constrriction
any of the owners may initiate during the time bet -ween the expiration of this Agreement
and the institution of annexation proceedings by the City
Section 6. Zoning
6.1 Property anmexed pursuant to this Agreement will initially be zoned AG •-
Agriculture pursuant to the City's Unified Development Code.
01. Gvvvner may file an application for another zoning classification, and any such
application shall be reviewed m -id considered in accordance with the then -current lave=s,
regulations, ordinances, Comprehensive Pian, and other policies of the City{.
Section'r'. Notice.
l ells or conveys any portion of the Property shall, prior to such
Any person who s
sale or convey=ante, gi-,e written notice of this Agreement to the prospective OUrchaser
or grantee, and shall give written notice of the sale or conveyance to the City.
i.2 Gwner and the Owner's heirs, successor, and assigns shall g,r� e the City writ, en
notice within fourteen (14) days of any change in the agricultural, wildlife management
or din.ber land tax exemption status of the Property.
?.3 A copy of any notice required by this Agreement shall be ia1 writing and sent to
the Cl t;. Apia Certified mail, return receipt requested, to th.e folIovA zrag address:
City of Georgetown
Attri: City Manager
P.G. Box 400
Georgetown! Texas 78627
Section S. This Agreement shall run with the Property and be recorded in the real
property records of 4Aill4.amson County, Texas.
Section 9. If a court of competent jurisdiction determines that airy covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, 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 Cite by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter,
Section 11. No subsequent change in the law regarding annexation shill affect the
enforceability of this Agreement or the City's ability to annex the properties covered
hereiun pursuant to the terT s of tnls Agreement.
Section 12. Venue for this ;? greement small be in Williamson County, Texas,
Section 13. T11s Aareernent may ue separ.-Itely executed in IndivIaual counterparts and,
upon exec-Ution, shall constitute one and same Lnstrument.
Section 14. This 1�c;reernent shall survive its terminati.on to the extent necessar for the
imvleinentation of the provisions of Sections 3, 4, and S herein.
r
Entered into this ')J) da%" o1 � ��:� 4,L�t`%' L , 20018.
f P
riAited Name:
Printed
wr!.
Printed Name:
THE CITY OF GEORGETOWN, TEXAS
By:
Printed Name
Paul Brandenbura
it?e: Cit, Nlanagrer
,P T' —.'`.01_,1 ; 5V Jif! .d..i— A4R[2j.1~�P 7)rl
:jmexation Developnim-it Agr, ecnacni
Page 5 of 8
THE STATS OF TERAS �
COUNTY OF WILLI 4' MSON
This instn.unent,, vvas ackll.q legged before me on the ;',4.,�� day of
20t)8, by Owner.
giayp r` t CATHY KRENEK
4' Notary Pubfic, State of Texas
¢ ` My Commission Expires
:,' MARCH 17, 2012
>+aixx° NC blig', 'L4,ri of Texas
THE STATE OIs Apt
COUNT Y OF
This instru
4.i I r t 2008,
4ix,xgY , , rl CATHY KRENEK
Notary Public, State of Texas
'3 My Commission Expires
MARC. S 17, 2412
/xti Nlxx
THE STA
COUNTY OF ,4)injt4 .. i
fh Y FT L"+
b fore me on the %11 clay of
OAorner.
This insfru.rnent was actino rlec ed before the on the day of
�5 2008, by�LL Owner.
EILEEN B MANGIAME.I
[tC RY PUBLIC
17y,
i
.> r State of Texas
Comm. Exp. 05-05'2011
'HE STATE 01F TEXAS
COUNTY OF i
Notary Public, State of T
This instrument was acknowledged before me on the
2008, by Owner.
p'i�I7'1r l�ubl:ic, Stclte Uf ' eXaS
day of
r
G
c
HUTTO Ftp
--y--�� Corp.Quail c'2 ,
ValIr Legend
De. i Property Site (Fax ID Number Noted)
R�3 85 }mtE� f Sita am 1 River
pp CEatent L�tv Lirnit5
p/-v�c 'iT. tke6p(�,.( °4wtt= Water 3fHIW
VLORGEW04 iV September1%r ��}{� flrojxfty Lim
�lXAS
t
_
�i
�0
�t
U 206 k'M
�r
CiwrcGnale yt?lcm:
Texemy}afc PlandCrniral h,mrN AID 83iUS F.: I
l]r.o�,r iphic Dai<i for GeimrTE ,"Ennnlnr, Pvrl:.tses (:hely
Exhibit D
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA NO. SE5
COUNCIL DTcr'RICT No. 1
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 SE511. 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.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renu=al 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.
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 21/2 vears from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
4',z years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
Area SE5-
7
Page 1 of 13
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.
Ir. 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 Pmergencv Medical Services- upon annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Waste Collection - Upon annexation, for occupied structures, the City will
provide solid waste collection services to the annexed area in accordance with City
ordinances and policies in effect on the date of the annexation. However, per the
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility - City -
owned water and wastewater facilities that exist in the annexed area will be
maintained upon annexation and such maintenance shall be governed by the City's
ordinances, standards, policies and procedures. Per the provisions of Section 13.01.
020 of the Unified Development Code ("UDC"), for up -platted tracts in the annexed
,area, the Cita shall not repair; maintain, install or provide any public utilities or
services in 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.
Annexation Service Plan for 2008 Annexations Page 2 of 13
Area SE5
® i l
�. 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 unpiatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of 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. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
- Should the City acquire anv buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
S. Library - Upon annexation, library privileges will be available to anyone residing in
the annexed area.
9. Planning and Development Services; Building Permits and Inspections - Upon
annexation, the Citv'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, Building Code and other standard Code inspection services Iand Citv
C ode enforcement; sign regulations and permits; and Stormwater Permit services.
For a full description of these services, see the City's Unified Development Code and
Title 1� of the City Code of Ordinances.
Annexation Service Plan for 2008 Annexations Page 3 of 13
Area SE5
optioa
m 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; Cross 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 g 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 wi'IHIlV 4?/2YEARs OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2. Water and Wastewater Services— Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas.
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development
of any property in the annexed area, the provisions or Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to anv
part of the annexed area that is within the service area of another water or wastewater
utility. For annexed areas located within the Citv's authorized service areas, the Citv
shall, subject 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 for 2008 Annexations Page 4 of 13
Area SE5
OgDe
i i
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/2 years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
1/2 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, 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.
5. Capital Improvements for Other :Municipal Services - No capital improvements are
necessary at this time to provide municipal Police; Fire Protection; Emergency Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public
Buildings or Facilities; or Library Services. The annexed area will be included in .the
City's future planning for new or expanded capital improvements and evaluated on the
same basis and in accordance with the same standards as similarly situated areas of the
City.
Vill FORCE MAJEURIE AND SCHEDULE EXTENSIONS
2. 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
Page 5 of 13
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.
V111. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before anv Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the mariner 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 43.056(e) of the LGC, the following summary is provided
regarding the City's current service extension policies for water and wastewater service.
However, this is a summary of the current policies, and the policies and regulations related to
=water and wastewater utility extensions that are included in the City Code of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual; Drainage
Annexation Service Pian for 2008 Annexations Page 6 of i3
Area OE-
OADO :L"944 EX 13
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 Citv 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 wafter
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 or land will be capable of
connecting to the sanitary sewer system except as otherwise provided herein.
Where an approved public sanitary sewer collection min or outfall line is inn ne
tease less than one-half mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing sanitary
sewer system. Where an approved public wastewater collection main or outfall
line is more than one-half mile away from the property boundary, and where
extension of a sanitary .server collection main or outfall line is scheduled in the
City`s Capital Improvements Plan to be completed to a point within one-half
mile of the property boundary within five (5) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
Annexation Service Plan for 2008 Annexations Page 7 of 13
Area SE5
CADd
wastewater collection system. The design and construction of a public sanitary
sewer system shall comply with regulations covering extension of public sanitary
sewer systems adopted by the Texas Commission on Environmental Quality.
E. All infrastructure and public improvements must be designed and installed in
accordance with all of the elements of the Comprehensive Plan and shall meet
the minimum requirements established by the UDC, the City's Construction
Standards and Specifications for Roads, Streets, Structures and Utilities, and any
other adopted City design or technical criteria. No main water line extension
shall be less than eight inches. All new public sanitary sewer systems shall be
designed and constructed to conform with the City's Construction Standards and
Specifications and to operate on a gravity floe= 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 of centralized wastewater
service is not feasible or practical at that line, 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 S E 5
0KDm ;Lo679. 94 Ex
i f�
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 payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
Chapter 33.10 of the City Code of Ordinances currently provides as follows:
s•4
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. v
Section 13.10.030 Proiect Timing.
A. Projects designed to expand or upgrade a utility system must be completed and
ready for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible, the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific
location exceeds 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
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.
B. Projects required to facilitate the development of a specific tract shah 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.
I loll t E t e 3111,.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at
the City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service
area, the City shall evaluate degree to which the project 1) facilitates contiguous growth,
2) maximizes the provision of service to the service area, 3) enhances economic
development, 4) improves system operations, 5) contributes to conservation or other
environmental concern, and b) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at a
specified rate of interest, 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
See. 11.'1.LIQ. Gene" al.
A. it is unlawful for any owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish,
maintain or use any water closet, bathtub, lavatory or sink except by one of the
following means and consistent with the other terms. conditions and requirements of
this Chapter and with the Cit-y's Unified Development Code:
Annexation Service Plan for 2008 Annexations Pabe 10 of 13
1. connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
appropriate state and local agencies having jurisdiction over such
facilities, or
2. connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B, Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system., and to maintain the same.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availabilitv of a Public Centralized Wastewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility 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 1 3.10;
e. 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
OR'D. ;Z0094q ExhibilLP
Page 11 of 13
It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
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.
tPINFRIM]1"11111111i
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. 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,
4M 1 111110101111
t# k , ti
A. For properties with gravity wastewater service, the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the seiner 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 ower 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
Area SE5
ORD0
f 1
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 orce 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
LO
CO
E
_
g
/
/
o
�
CL
/
/0
co
/
/
wQ
�
O
/
/
/\
2
9
m
\
£
?
=
k
ƒ
�
a
\
6
@
6
c
�
E
_
g
o
CL
/
/
/
�
O
2