HomeMy WebLinkAboutORD 2008-85 - ANX Area SE6Ordinance
An Ordinance of the City Council of the City of Georgetown, Texas, providing for
the extension of certain boundary limits of the City of Georgetown, Texas, and the
annexation of certain territory consisting of the remaining portion of a single
parcel of land in the Win. Addison Survey, located east of SE Inner Loop and
north of Carlson Cove, referred to as 2008 Annexation Area SES, as described in
Exhibits A and B of this Ordinance; which said territory lies adjacent to and
adjoins the present boundary limit of the City of Georgetown, Texas and not
being a part of any incorporated area; providing for service plans; repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and
WHEREAS, the Citv Council of the Citv of Georgetown, Texas, may under the Charter of
said Citv, Section 1.06, annex areas as allowed by State law; and
Whereas, by Resolution No. 071205-P, the City Council adopted the "Policy to Guide the
Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown,
Texas;" and
Whereas, pursuant to said Policy, the City Council identified certain areas for which it
desired to initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, the Citv Council on August 8, 2006, by Resolution No. 082206-5 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 herei -i-described property lies within the extraterritorial jurisdiction of
the Cit7,7 of Georgetown, Texas and not within any incorporated area; and
:r�r'? ereas, l e h ereu:- escribed r art. '_les adiacent and =L of
o c�nt_uous tic tine Utti
Georgeto vrr, Texas; and
Whereas, the Section 4.03.010 of the Unified Development Code provides that the initial
zoning classification for newly annexed properties is "AG" Agriculture; and
2008 Ainnexation Area SEb
Pa.ue 1 of 3
Whereas, all prerequisites for annexation as set forth in state law and the Citv Charter have
been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that:
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan:
Goal 3: Provide a development framework for the fringe that guides sound, sustainable
patterns of land use, limits sprawl, protects community character, demonstrates sound
stewardship of the environment, and provides for efficient provision of public services
and facilities as the city expands.
Policy Statement 3.8. Establish criteria, targets and timetables for the annexation of
unincorporated "Pockets" into the city.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with anv
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.
B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at
6:00 p.m. at the City Council Chamber, 101 E. 71h Street, 78626, Georgetown, Texas.
C. The public hearings were concluded after providing an opportunity for all persons
present to be heard with respect to the proposed annexation. A proposed Service Plan
was made available and explained at the public hearings as required by law.
D. "Exhibit C" contains the municipal service plan for the annexed area.
Section 3. The present boundary limits of the City of Georgetown are hereby amended to
include the territory described in "Exhibit A," and shown in "F Chibit B," which is within the
extraterritorial jurisdiction, not part of the incorporated area of any jurisdiction, and adjacent to the
city limits of the Citv of Georgetown, Texas in Williamson County Texas, and said territory is
hereby annexed into the Citzr for full purposes.
Section 7. The area described in LxIZZ(7Zt A", Ma shown 1,111 "E�'�htbit B" Ct t11S ordinance, 1,S
included
in Citv
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%008 Annexation Area SL6 Ordinance No.
Page 2 c!r 3
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of anv force and effect.
Section b. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 7. The Flavor 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 9t" day of December, 2008.
Attest:
1
Sandra D. Lee
City Secretary
Approved as to form:
City Attorney
The Chu of Georgetown:
George Garver
Mayor
6
2008 _Annexation Area SE6 Ordinance No.
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DESCRIPTION OF CITY OF GEORGETOWN+; TEXAS, A �°tEXATION AREA: SE6
Beginning on the southeast corner of City= of Georgetown Annexation No. 95-34. same being
the southwest corner of City of Georgetown Annexation No. 95-32, same being on an angle
point in the northerly boundary line of City of Georgetown Annexation No. 2006-140, same
being on. a point in the easterly right-of-way line of SE Inner Loop, same being the southwest
comer of STONEHEDGE, SECTION TWO, as recorded in Cabinet G, Title 293 of the Plat
Records of Williamson County, Texas, same being the northwest corner of the? 03,5913 -acre
tract of land conveyed to County of Williamson, Texas, as described in Volume 233)2, Page
141 of the Official Public Records of Williamson County, Texas;
THENCE proceeding in an easterly direction with the southerly boundary line of City of
Georgetown Annexation No. 95-32, same being, the northerly boundary line of said 103.5913 -
acre Williamson County tract, same being with the southerly boundary line of said
STONEHEDGE, SECTION TWO, to the northwest comer of City of Georgetown
Annexation No. 2006-123, same being the northeast corner of said 103.5913 -acre Williamson
County tract, same being the northwest corner of'the remnant portion of the 156.5 -acre tract
of land conveyed to Carl Emory Carlson and Ruth S. Carlson, as described in Volume 245,
Page 495 of the Deed Records of Williamson County, Texas;
THENCE proceeding in a southerly direction with the westerly boundary line of City of
Georgetown Annexation No. 2006-123, same being with the easterly boundary Linc: of said
103.5}13 -acre Williamson County tract, same being with the westerly boundary line of said
Carlson tract, to the northeast come=r of City of Georgetown Annexation No. 2006-124, same
being the southeast corner of the said 103.5913 -acre Williamson County tract; same being the
northeast corner of the 2.69 -acre tract of land conveyed to Betty C, Wilkins described in
Document No. 2008041480 of the Official Public Records of Williamson County, Texas;
THENCE proceeding in a westerly direction with the northerly boundary line of City of
Georgetown Annexation No. 2006-124, same being with. the northerly boundary line of said
2.69 -acre Wilkins tract. same being with the southerly boundary line of said 103.5913 -acre
Williamson County tract, to the northwest corner of said 2.69 -acre Betty G. Wilkins tract, also
being the southwest corner of the said 1:03,5913 -acre Williamson County tract, same being on
a point in the easterly right-of-way line of CR 110;
THENCE proceeding in a northerly direction with the northerly boundary line of City of
G=eorgetown Annexation No. 2006-124; same being with the westerly boundary line of said
10'5.5913 -acre Williamson County tract, same being with the easterly right®of way line of said
CR 110= to a point in the easterly right-of-way line of aforementioned SE. Inner Loop, same
being on a point in the easterly boundary line of aforementioned City or' Georgetown
Annexations No. 2006-140;
l E`<i'CE continuing it a northerly direction with the easterl ; 1?utandar, line of Geon{netown
Annexation o. 2006- � ""0. samE. being with is e easterly ragnt-v>l-ova t z=3te €�_ St lamer i i op,
same being with the westerly boundary line of said 103.5913 -acre Williamson County tract, to
the POINT OF BEGINNING hereof,
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SHANE SHAF R, R.?.L,S, NO, 52€31 DATE
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Exhibit C
I. INTRODUCTION
# •.0
ANNEXATION SERVICE PLAN
AREA No. SE6
COUNCIL DISTRICT No. 7
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 SE6". The provisions of this Plan were
made available for public inspection and explained to the public at the two public hearings held
by the City on September 9, 2008 and September 23, 2008 in accordance with Section 43.056(j) of
the LGC.
IL TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this PIan 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.
ISI. CATEGORIZATION OF IVMUNICIPAL 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,/z years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
Page 1 or 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.
in addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
Vt 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 Citv 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 Cih
ordinances and policies in effect on the date of the annexation. However, per the
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 vears.
4. Operation and Maintenance of Nater 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.
v20 of tl?en1.leU T e lelO ?mp81t Lode ("T TDC"i, for ;u ,la±t d Tact -s m, il?e annexed
area, the City sl^all 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.
Page 2 of 13
Operation and Maintenance of Streets, Roads, and Street Lighting - The City will
provide preventative maintenance of the existing public streets and roads in the
annexed area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring;
crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City's preventative maintenance program.
Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
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 Citv limits. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the Citv.
i. 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.
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 Citv's Unified Development Code and Title 1 of the Citv Code of
Ordinances will apply in the area. These services include: site plan review, zoning
approvals., Building Code annd
d other star. Comae in pec.. or, services and City
Code enforcement; sign regulations and permits; and Stormwater Permit services.
��or a 11 description of these services, see the Citv's Unified Development Code and
Title 1.5 of the City Code of Ordinances.
Annexation Service Plan for 2008 Annexations Page 3 of 13
Area SE6
ORD* 2009�915 t
10. Animal Control Services — The provisions of Chapter 7 of the City e
Ordinances relating to animal control services shall apply in the annexed ar=ea.
11. Business Licenses and Regulations — The provisions of Chapter 6 *;3 f? ;t
of Ordinances relating to business licenses and regulations (Carniv a
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or SU v
Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hi�_=
Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriel i tE. t xa
and Alcoholic Beverages) shall.apply in the annexed area.
12. Health and Safety Regulations — The provisions of Chapter 8 of nkE
Ordinance relating to health and safety regulations (Fire P
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor
I 13
Smoking in Public Places) shall apply in the annexed area.
13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions OF
of the City Code of Ordinance relating to peace, morals and
Discrimination; Weapons; and Enforcement of Other Miscellaneous ...>31
apply in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 41/-2 YEARS OF ANNEXATION; CAPITAL
PROGRAM
1. In General — The City will initiate the construction of capital improvem�ernt, ;,��:. 3a°e�
for providing municipal services for the annexation area as necessary for se-!,E..<x
are provided directly by the City.
2. Water and Wastewater Services— Water and wastewater services are onil
J
occupied lots that have been legally subdivided and platted or are oth ..: -
and that are located within the boundaries of the City's authorizeu
Further, existing residences in the annexed area that were served by a
J
sewer system (septic system) shall continue to use such private system i o,
services in conformance with the provisions of Section 13.20 of ffie
Ordinances. Existing non-residential establishments in the annexed are,-."_
to use an onsite sewer system (septic system) for sewage disposal in coy.sc;
the provisions of Section 13.20 of the City Code of Ordinances. Upon the
of any property in the annexed area, the provisions of Chapter 13 of the _
apply. The City shall have no obligation to extend water or wastewater
part of the annexed area that is within the service area of another water or Al_
utility. For annexed areas located withinthe Cit -,/'s authorized se :.
T
shall, subject to the terms and conditions of this Plan, extend wa.
service in accordance with the service extension ordinances, policies,
are summarized in Section X of this Pian, which may require that the ?,aroper ,
developer of a newly developed tract install water and wastewater lin;
Annexation Service Plan for 2008 Annexations
Area SE6
i ��
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/ years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(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)
1/ years from the effective date of annexation and will be substantially complete within 4
/z years from the effective date of annexation. However, the provisions of Section 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.
S. Capital Improvements for {ether 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.
SII, FRC
A�.�;Et ISE AND
SCHEDULE
EXTENSIONS
1. Certain events, described as Force Maieure Events in this Plan, are those over which the
Cit ,,7 has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
Annexation Service Plan for 2008 Annexations Page 5 of 13
Area SE6
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of nature including landslides, lightening, earthquakes, C 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 lave. 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, STL ARY OF CURRENT
MIJMWATER ANIS WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section 43.055e) of the LGC, the following summary is urovided
1
regarding the Citv's current service extension policies for water and wastewater service.
However, this is a surnrnary 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
Area SE6
R...
il
Page 6 of 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 Ordi� Dances.
Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of
Ordinances are summarized below. Note that these provisions are established by
ordinance of the City Council and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services,
wastewater service, gas, electricity or any other public utilities or services to any
property that has not been legally subdivided or is a non -legal lot.
B. For property that is required by the City's UDC or other City regulations to
construct water or wastewater facilities, funding and construction of those
facilities are the responsibility of the property owner or developer (the
"subdivider").
C. Subdividers shall be responsible for providing an approved public water supply
system for fire protection and domestic/ commercial/ industrial usage consistent
with the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case
less than one-quarter mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing water
supply. The subdivider shall, consistent with all existing ordinances, make a pro -
rata contribution to funding of needed storage facilities, treatment facilities, and
specific distribution lines as determined necessary by the City.
D. Subdividers shall be responsible for providing an approved public sanitary
sewer system, consistent with the Comprehensive Plan, throughout the entire
subdivision such that all lots, parcels, or tracts of 'land will be capable of
connecting to the sanitary sewer system except as otherwise provided herein.
Where an approved public sanitary sewer collection main or outfall line is e
e-a� less than one-half mile away, and connection to the system is both possible
and permissible (includin(y 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 onze-half mile away from the property boundary, and where
extension of a sanitary sewer collection main or outfall line is scheduled in the
City's Capital improvements Plan to be completed to a point within one-half
mile of the property boundary within five (5) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
Annexation Service Plan for '/008 Annexations Page 7 of 13
Area _ SE6 _
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wastewater collection system. The design and construction of a public sanitary
sewer system shall comply with regulations covering extension of public sanitary
sewer systems adopted by the Texas Commission on Environmental Quality.
J
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
J
Standards and Specifications for Roads, Streets, Structures and Utilities, and any
other adopted City design or technical criteria. No main water line extension
shall be less than eight inches. All new public sanitary sewer systems shall be
designed and constructed to conform with the City's Construction Standards and
Specifications and to operate on a gravity flow basis by taking advantage of
natural topographic conditions and thereby reducing the need for lift stations
and force mains.
2. If the specific undeveloped property does not have City water or wastewater facilities
and capacity fronting the property - the owner may make an application for an
extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, if
the proposed facilities are depicted on the City's Water and Wastewater Master Plans,
and the requested service otherwise meets the City's requirements, the extension size,
capacity, and routing may be approved by the Assistant Citv 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 paving 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 theproperty
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 nrope-ty and the City determilnes that the Provision of centralized wastewater
seri-ice 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 1320 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
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single family residential purposes at the time of annexation, but that are desigi UL ,]i �1S;
either residential, open space or agricultural on the City's Future Land Use I''_t
continue the use of a septic system until such time that the use of the pro el
1
the property is further subdivided or developed, or a public sanitary sewer ��a E
extended to within 200 feet of the property boundary and the prope-,t
received notification from the City of the City's desire for the property to be {
to the public sanitary sewer line.
d. Reimbursement and cost participation by the City — Pursuant to SeCtto E
the UDC, the City, in its sole discretion and with City Council approval,
with a property owner or developer in the cost of oversized facilities or liri- .
The actual calculation of the cost participation and reimbursement amo=L.S. ._
limits and schedules for the payments, are set forth in the LTDC.
6. City Code of Ordinances: (The following provisions are set by the City
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
This policy shall apply to improvements to the City's utility systems, including syster111
system expansion, and plant capacity additions. In this Section, the term "utility sy ( r "
mean the City's water system, wastewater system, reuse irrigation system, and stormwal
drainaa.e system.
The City shall maintain and periodically update system plans for each utility so that sys'�7
improvements are implemented to maintain adequate capacity for growth while ma.tutci,; ..
proper service levels to existing customers.
A. Projects designed to expand or upgrade a utility system must be C Toni
ready for operations such that capacity requirements by state regulatory ag eitU :�dI J1 � f
system plans are met.
B. 'Xhen possible, the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other i
infrastructure to minimize the future imi)act on each utility.
C. Projects should begin the design phase when existing demand a �;..
location exceeds '15% of current capacity and future demand is expected to
current total capacity.
Annexation Service Plan for 2008 Annexations z .
D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a Specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service Plan for such annexed tracts.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at
the City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service
area, the City shall evaluate degree to which the project 1) facilitates contiguous growth,
2) maximizes the provision of service to the service area, 3) enhances economic
development, q) improves system operations, 1) contributes to conservation or other
environmental concern, and 6) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at a
specified rate of interest. 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
See. 13.20.010. General.
A. It is unlawful for any owner or lessee.. tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish
maintain or use any water closet. bathtub, lavatory or sink except by one of the
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
Page 10 of 13
1, connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
appropriate state and local agencies having jurisdiction over such
facilities; or
2. connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availability of a Public Centralized Wastewater Collection 'Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility servicing the property, or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200 -feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner,
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary, the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters 13.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage Facility may be repaired or replaced.
(Prior code 12-101)
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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.
Section 13.20.050. Discharges
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.
Section # t6! Sewer System Maintenancit
A. For properties with gravity wastewater service, the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the sewer system in the building and the service lateral between the building
and the point of connection into the public sewer main.
B. For properties with low pressure service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the
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sewer system in the building and the service lateral, lift station (grinder pump)
and force main between the building and the point of connection into the public
sewer main.
C. When. as a part of sewer system testing, the City identifies a flaw in a private
service lateral or force main where a repair is necessary to prevent infiltration or
inflow, the property owner and utility customer shall be responsible to cause the
repairs to be made within one (1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City.. City may
engage the services of a contractor to make the necessary repairs with the costs
for such repairs to be paid by the City and subsequently charged to property
owner and utility customer.
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