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Home My WebLink AboutORD 2008-86 - ANX Area SE7Ordinance No. 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 territw 7 consisting of approximately 21 .55 acres of land in the Wrn. Addison Survey, located east CR 110, north and west of SE. inner Loop, and south of the current city limits along the Rain -tree Subdivision and University Earl: Subdivision boundaries, referred to as 2008 Annexation Area SE7, as described in Exhibits A and B of this Ordinance, but excluding the territory described in Exhibit C-1 through Exhibit C-3; 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 severabilityclause; and establishing an effective date. Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State later; and Whereas, by Resolution No. 0712055-P, the CitZT Council adopted the "Policy to Guide the Planning and Procedures for the Annexation of Territory into the Cite Limits of Georgetown, Texas;" and Whereas, pursuant to said Policy, the City Council identified certain areas for which it desired to initiate annexation proceedings in order to bring said territories into the City limits; and Whereas, the City Council on August 8, 2006, by Resolution No. 082206-S adopted a revised priority annexation area map and directed staff to bring said territories into the City limits, and Whereas, the City Council on. August 12, 2008, by Resolution No. 081208 -BB adopted a revised priority annexation area map, including the area that is the subject of this Ordinance, and directed staff to advertise far 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 the City of Georgetown, Texas and not within any incorporated area; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and 2008 Annexation Area SE7 Page 1 of 4 x _ � i � 111,Rt 'ice Whereas, pursuant to Section 43.035 of the Texas Local Government Code, the property described on "Exhibit C-1" through "Exhibit C-3 " 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 cite expands. Policy Statement 3.B. Establish criteria, targets and timetables for the annexation of unincoaporatea "pockets" into the city. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any J other 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council hereby finds that: A. Notice of two public hearings concerning annexation of the territory described in "Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in newspaper of general circulation in the City of Georgetown; and posted on the City's internet website. B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at 6:00 p.m. at the City Council Chamber, 101 1,. 7th Street, 78626, Georgetown, Texas. C. The public hearings were concluded after providing an opportunity for all persons present to be heard with respect to the proposed annexation. A proposed Service Plan was made available and explained at the public hearings as required by law. 2008 Annexation Area SE7 Ordinance No. 26009 ft, 9(0 Page 2 of 4 to Sections 43.035 and 212.172 of the Texas Local Government Code, eligible aiidOwners were offered an opportunity to enter into a development agreement in i eu of annexation. Copies of agreements executed pursuant to Section 43.035 and of the Texas Local Government Code are attached hereto -as "Exhibit C-1 „ "Exhibit C- 3". ~xedural requirements imposed by state law for full purpose annexation of the tc-t ritory described in "Exhibit A," and shown in "Exhibit B," save and except the land Lscribed in "Exhibit C-2"through "Exhibit C-3,"have been met. "exhibit D" contains the municipal service plan for the annexed area. i he present boundary limits of the City of Georgetown are hereby amended to :... f .:. v described in "Exhibit A," and shown in "Exhibit'B," save and except the land C_:11 ibit C-1, " through "Exhibit C-3 ", which is within the extraterritorial jurisdiction, not <-,�ted area of any jurisdiction, and adjacent to the city limits of the City of 'i xas in Williamson County, Texas, and said territory is hereby annexed into the City I.Iose properties not included in this annexation ordinance pursuant to Sections of the Texas Local Government Code are more particularly and separately c� t� attached "Exhibit C-1" through "Exhibit C-3," and shall remain subject to terms and _ apter 43 Development Agreement(s) entered into with the City of Georgetox4rn. L ._ 5 = he area described in "Exhibit A", and shown in "Exhibit B", save and except the 1� de rz "Exhibit C-1 " through "Exhibit C-3, " of this ordinance, is included in City Council i ordinances and resolutions, or parts of ordinances and resolutions, in conflict . ?-i nce are hereby repealed, and are no longer of any force and effect. 1f any provision of this ordinance or application thereof to any person or shall be held invalid, such invalidity shall not affect the other provisions, or of this ordinance which can be given effect without the invalid provision or �;.,id to this end the provisions of this ordinance are hereby declared to be severable. e Mayor is hereby authorized to sign this ordinance and the City Secretary to a_ _ '_ "a ..,_ - '._.ance shall become effective and be in full force and effect in (10) ten days on and 'n t accordance with the provisions of the Charter of the City of Georgetown. and Approved on First Reading on the 1411, day of October, 2008. Li and Approved on Second Reading on the 9th day of December, 2008. iC�, _�;rea SE7 Ordinance No. t Attest: The ,j Sandra D. Lee Georare City Secretary Mayor Approved as to form: Patricia E. Carls City Attorney 2008 Annexation Area SE7 Page 4 of 4 of Georgetown: e a k .�._.IH F77 s IL Er; 4�Ue�e Q} C7 L 0 0 CO i x a) Q) Q) Q E 0 o X Q) a�c o Q E c ai 0 r� C to cz <m U? 5 0 G N w c=am U m U a C � c 3 O W Gi !.� G. 0 D U., CO 4�Ue�e Q} C7 L 0 0 CO i x a) Q) Q) Q E 0 o X Q) a�c o Q E c ai 0 r� C to cz <m 5 0 G N c=am E HIBfT DE CPIP I'1C1-INT OF CITY OF GEORGETOWN. TOWN. TEAS, ANTNI EXATJO AREA St. Beginning on northeast comer of thel0.36-acre tract of land conveyed to Gerald B. Eck_.le and wife., Anne T. Eckley, as described in Volume 634jage 386, of the Deed Records of Williamson County, Texas, same being the southeast corner of the 16,06 -acre tract conveyers to The, Most Reverend Gregory M Ayrnond, Bishop of the Diocese of Austin , arid His Successors in Office, as described in Document No. 200')008865 of the Official Public Records of Williamson County, Texas, same being on a point in the westerly boundary line of called 10.33 acre tract of land conveyed to Gerald B. Eckley, as described in Volun. e 8'1. Page 85, of the Deed Records of Williamson County, Texas, same being the southeast corner of City of Georgeto;Arn Annexation No. 2003-33, same being on a point in the westerly boundary line of the easterly contiguous tracts of lard annexed in City of Georgetown Annexation No. 95-34; THENCE proceeding in a southerly direction with the westerly boundary line of said City of Georgetown Annexation No. 95-34, same being with the westerly boundary line of said I0 33 -acre Eckley tract, same being with the easterly boundary line of said 10.36 -acre Eckley tract, to the southwest corner of said 10.33 -acre Eckley tract, same being the northwest corner of the 10.6 -acre tract of land conveyed to lames B. Turner, as recorded in Volume 648, Page 419, of the Deed Records of Williamson County, Texas; THENCE continuing in a southerly direction with the westerly boundary line of said City of Georgetown. Annexation No. 95-34, same being with the easterly boundary line of said 10.36 - acre Eckley tract, same being with the westerly boundary line of said 10.6 -acre Turner tract, to a point in the northerly boundary line of the 0:.06 -acre strip of land called "right-ol=way and easement" as described in said Volume 634 Page 386 of the Official Public Records of Williamson County, Texas; same.deing on an angle point in the said westerly boundary line of City of George oven Annexation No. 95-34; THENCE proceeding in a westerly direction with the westerly boundary Eine of said City of Georgetown Annexation No. 95-34, same being with the northerly boundary line of said 0.06- acre"right-of-way and easement" tract, same being through the interior of said 10.36 -acre Eckley tract, to the northwest corner of said 13.06-acre"right-of-way and easement" tract, same being on an angle point in the said westerly boundary tine of City of Georgetown Annexation No. 95-34; THENCE proceeding in a southerly direction with the westerly boundary line of said City of Georgetown Annexation No. 95-34, same being with the westerly boundary lime of said 0.06- acre"right-of-way and easement" tract, same being through the interior of said 10.36 -acre Eckley tract, to the southwest corner of said 0.06-acre"right-of--way and easement" tract, same being on a point in the southerly boundary line of said 10.36 -acre Eckley tract, same being on an angle point in the said westerly boundary line of City of Georgetown Annexation No. 95-34. same being a point in the northerly boundary line of the 10.01 -acre tract of land conveyed to Williamson County as described in Document No. 2005086013 of the Official Public Records of Williamson County, Texas; t T I ENC E proceeding in a westerly direction th the westerly boundary line o¢ said City on wiof Georgetown Annexation No. -34. same being with, the northerly boundary line of said 10.01 -acre Williamson County tract, same being with the southerly boundary line of said 10,36 -acre Eckley tract, to the northwest corner of said 10.0 i -acre Williamson County tract., same being the southwest comer of said 1036 -acre Ecldey tract, same being an angle point in the westerly boundary line of City of Georgetown Annexation No. 95-34, same being or, a point in the easterly boundary line of the 61.74 -acre tract of land conveyed to Sandra Elizabeth Davidson as described in Document No. 2002018404 of the Official Public records of Williamson County, Texas; THENCE proceeding in,a southerly direction with the westerly boundary line of said City of Georgetown Annexation No. 95-34, same being with the westerly boundary line of said 10.01 -acre Williamson County tract, same being wi'tlr the easterly boundary line of said 61.74 -acre Davidson tract, to the southwest corner of said 10.01 -acre Williamson County tract, same being the southwest corner of City of Georgetown. Annexation No. 95-34, same being on a point in the northerly boundary line of the 48.09 -acre remnant portion of the 103.5913 -acre tract of land conveyed to County of Williamson, Texas, as described in Volume 2332, Page 141, of the Official Records of Williamson County, Texas; THENCE proceeding in an easterly direction with the southerly boundary line of City of Georgetown Annexation No. 95-34, same being with the southerly boundary lino of said 10.01 -acre Williamson County tract, same being with the northerly boundary Eine of said 48.09 -acre Williamson County remnant tract, to the southeast corner of said 10.01 -acre Williamson County tract, same being the southwest corner of the 10.16 -acre of land conv=eyed to Williamson County, Texas as described in. Document No. 2005086015 of the Official Public Records of Williamson County, Texas; THENCE continuing in an easterly direction with the southerly boundary Line of City of Georgetown Annexation No. 95-34, same being; with the southerly, boundary line of said 10.16 -acre Williamson County tract, same being with the northerly 'boundary line of said 48.09 -acre Williamson County remnanttract, to the southeast corner of said :1,0.16 -acre Williamson County tract, same being the southwest corner of the 7.44 -acre remnant portion of the 10.16 -acre of land conveyed to Williamson County, Texas, as described in Volume 2634, Page 431, of the Official Records of Williamson County, Texas; THENCE continuing in an easterly direction with the southerly boundary line of City of Georgetown Annexation No. 95-34, same being with the southerly boundary line of said 7.44 - acre Williamson County remnant tract, same being with the northerly boundary line of said 48.09 -acre Williamson County remnant tract, to the southeast corner of said 7.44 -acre Williamson County remnant tract, same being the northeast corner of said 48.09 -acre Williamson County remnant tract, same being on a point in the westerly right -o1' -way line of SE Inner Loop, same being on a point in the westerly boundary Eine of City of Georgetown Annexation No. 2006-140; p nrko ceding in a southerly direction with the westerly boundary Iine of City of .` n:x ation No. 2006-140, same being with the westerly right-of-way line of SE . _LD ' o�-c �: YHg y.:with the easterly boundary line of said 48.09 -acre Williamson Count= t he �=utheast corner of said 48.09 -acre �v'illi.arnson County remnant tract, 4 Wyle i0eillg Me northeast corner of the 5.24 -acre of land conveyed to the City of Georgetown, i exas, as described in Document No. 2005099448 of the Official Public Records of Wii'i nsor, County. 'Texas; c o itinuing in a southerly direction with the westerly boundary line of City of eta v,. Annexation No. 2006440,. same being with the westerly right-of-way line of SE Tiller oop. s ale `being with the easterly- boundary line of said 5.24 -acre City of Georgetown pra t, to t Ue most southerly corner of said 5.24acre City of Georgetown tract, same being the h, -tas? �or ter of the 94.49 -acre remnant Portion of the 107.37 -acre tract of land conveyed =x .s'ev s. Po rein and wife, Connie Poarcb, as described in Volume 2696, Page 887, of the €: licia' I cords of Williamson County, Texas, a k w 1 Proceeding in a northerly direction with the easterly boundary line of said 94.49- acrcl i �arch r G i na_nt tract, same being the westerly boundary line of said 5.24 -acre City of _ ec i l -n tract., to the northwest corner of said 5.24 -acre City of Georgetown tract, same bei i)z the southwest corner of the aforementioned 48.09 -acre Williamson Count, remnant ° 'CE continuing in a northerly direction with the easterly boundary line of said 94,49- -re . ,,arch remnant tract, same being the westerly boundary line of said 48.09 -acre 4r .Iiarnson County remnant tract, to the northwest comer of said 48.03 -acre Williamson .z= = = in t tr= c`t, same being the northeast corner of -said 34.49 -acre Poarch remnant st;- being on a paint in the southerly boundary line of aforementioned 61.74 -acre tract described m' Document No. 2002018404; =1 i~ " , rsroceeding in a westerly direction with the northerly boundary line of said 94.49- At ;Tact, same being the southerly boundary of said 61..74 -acre Davidson W the northwest coater of SONG, SECTION EINE, a subdivision.: recorded. in � _ binet i, Slide 127, of the Plat Records of Williamson County, Texas; =1N � y Proceeding in a southwesterly direction with the southerly boundary line of said v Davidson tract, same being with the westerly boundary line of said WINDSONG, `s y.'C: z z �� 4_� I , to ?he southwest corner' of said WINDSOI�IG, SECTION ONE, same being ht i trc westerly boundary line of said 94.49 -acre Poarch remnant tact; ;`. tinuing in a southwesterly direction with the easterly boundary line of said 61. 7 Zion-: `ta g zaswn tract, same bei gwith the westerly boundary Iine of said 94.49 -acre 4i re mnai ittract to the most westerly corner of said 94.49 -acre Poarch remnant tract, =e bng une _lost southerly corner of said. 61.74 -acre Davidson tract, same being on a point rVic m m herly right-of-way line of County Road 110; }'H.i3 'tCIE proceeding in a northwesterly direction with the northerly right-of-way line of l mead 110. same being with the southerly boundary line of said 61.74 -acre Davidson i, acs. rc J— inostL southerly corner ofRAINTREE, a subdivisionrecorded in Cabinet F, Slide o' di Official Pubic Records of Williamson County, Texas, same being the most wester) NY corner of said 61.74 -acre Davidson tract, same being -the most southerly corner of City o"' Georgetown Annexation No. 97-64; TFIEBICE preceeding in a northeasterly direction with the southerly boundary line ofCity of Ceorgetovm Annexation No. 97-64, same being with the westerly boundary line of said 13..,74 -acre Davidson tract, same being with the easterly boundary line of said RAINTREE sYjbdiv ision, to the northeast corner of said RAINTREE subdivision, sane being the southeast co -n edr of the 1 E1.(19 -acre remnant portion of the 54:22 -acre tract of land conveyed to KB l.iornfe )Lome Star, LP, as described in Document No. 2004040991 of the Official Public records of Williamson County, Texas; 'THENCE continuing in a northeasterly direction with the easterly boundary line of City of <r)rgeto,�n Annexation No. 7-64, same being with the westerly boundary line of said 61.14 -acre Davidson tract, same being with the easterly boundary lime of said 10.99 -acre KB 1-13me Lon.e Star remnant tract, to the most easterly corner of said 10,.49 -acre IAB )-lame Lone Star remnant tract, same being the most southerly corner of UNIVERSITY PARK, UNIT „WC, SECTION ONE, PHASE C, as recorded in Cabinet BB, Slide 381, ofthe Flat Records of \ flharnson County, Texas, THENCE continuing in a northeasterly direction with the easterly boundary line of City of U neo <aeto wn Annexation No. 97-64, same being with the westerly boundary line of said =1.74 -acre; Davidson tract, sane being with the easterly boundary line of. said UNIVERSITY ARK UNIT TWO, SECTION ONE,PHASE C, to the northeast comer of said v ` VE RSITY PARK, UNIT TWO, SECTION ONE, PHASE C same being the northwest corner of said 61.74 -acre Davidson tract, same being on a point in the southerly boundary line [JATIER CREST, SECTION 4, a subdivision recorded in Cahinet Z, Slide 397, of the {¢ R s..s,ct}�rds of `Williamson County, Texas, same being on a point mi the southerly boundary ISE Azv3 } 1 rte of the westerly contiguous tracts of land annexed in City of Georgetown Annexation No. BENCE proceeding in an easterly direction with the southerly boundary lime of City of e.orgzetown Annexation No. 95-34, same being with the northerly boundary line of said 6134-a rc Da .ri son tract, same being with the southerly boundary line of said SUMMER r SECTION 4, to the southeast corner of said SUMMER CREST, SECTION 4, same h Being the'southlwest corner of the aforementioned 16.0&acre tract conveyed to The Most lZev'i'rciid Gregory Ni. Aymond, Bishop of the Diocese of Austin, and His Successors in desellbed in Document No. 2403{1118865, same being the northeast comer of said 61 .`14 -acre Davidson tract, same being the northwest coater of aforementioned 10.36 -acre EcklQV tract described in 'Volume 634; Page 386, same being the southwest corner of City of CJwrgelown Annexation No. 2003-33, M O. D 0I; [. x z oontinumg in an easteriy direction with the southerly boundary line of City of rl p, getom _. Arme Wfion No. 20 03,,33, sane being: with the southerly boundary line of said i � 0 ac r s - e 1hlost reverend Gregory A Aymond, Bishop of the Diocese of Austin, and } s � A; �w�oy- til Mee tract, same being with the northerly boundary line of said 10.36 -acre L&iev ;race, to the Point of Beginning hereof. Thc,.ornen- was prepaxed under 22 §fi.AC 663.2 1, does not r=fleut the a'f s o1= an on the ground survey, and is not to be used to convey or establish interests in real property except: those rights and interests imp,iWed or rs abl.ished by the creation or reconfiguration of the boundary abdivision for which it was prepared. 13r I ?1T) SLW VEY14VG, LVC. R0.13i7X 193 ;, GEORGk°7TOHWI 7X78627 <.s _, at., ER. R.P.L. A e-- SE7 NO . ,'` _a> IP 281 5 DATE SHANE SHAFER { 5281 STATE OF TEXAS OF WILLIAMSON CITE' OF GEORGETOWN, TEXAS i•N111 L s Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas LoCal Ccs\ren-irnent Code by and between the City of Georgetown, Texas (the "City") and Cie WIdersigried property owner(g) (the "Owner"). The term "Owner" includes all mA,- vers oaf the Property,: V%TT S;REAS, the Owner owns a parcel of real property (the "Property") in Williamson Texas, which is more particularly and separately described in the attached , ibit ".-' and WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the C v, and has been appraised for rid vatorern tax purposes as land for agricultural or „F:lc' ife management use under. Subchapter C or D, Chapter 23, Tax. Code, or as timber ii cander Subchapter E of that chapter; and VvIHEREAS, the City has begun the process to institute annexation proceedings on all or 1orljc s of the Property and has held public hearings on September 9, 2008 and � } ,tent ber 23, 2008; and WHEREAS, the Owner desires to have the Property retrain in the Cih;r's extraterritorial !S`.iction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, LEAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of - i eras Lc cal Government Code, in order to address the desires of the Owner and the r oc:edures of the City; and t ;t; ITEREAS, the Owner and the City acknowledge that this Agreement is binding upon and the Owner and their respective successors and assigns for the term (defined of h_is Agreement; and. WI-TEREAS., this Development Agreement is to be recorded in the Real Property Records Wll;a son County, Texas at the expense of the City. a :>W THEREFORE, in consideration of the mutual covenants contained herein, the res icer: to agree as follows: Annexation Development Agreement 1' i at r Section 1. Continuance of Extraterritorial Jurisdiction Status, 1.1 The Citi guaralltE'eS tihe continu tion of tI e extraterritorial status of the C)l-vnerjs I rUL ert%f, lts ZrI1Z21'LZ2hIt ` fronh aZhZh'} atI0I1 by ti -le C,t�', and its i mmL2nIty from City L . property tars, for the Terin of tlhis Agreement., sxxbiect to the provisions of this Agreement. 1.2 Except as provided in this Agreement, the Cite agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Propertil, and further agrees not to include the Property in a stat-utory annexation plan for the Term of this Agreement. However! if the Property is annexed; pursuant to the terms of this Agreement, ilhrzh the Citi shall provide serctices to the Property pursuant to Chapter 43 of the Tp\as Local Government Code. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use, Prohibition Against Other Uses 2.1 The Owner covenants and agrees not to use tike Property for any use other than for agriculture, wildlife manageme=nt, anti/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the zarior written consent of the City. t 2.2 The Owner covenants and agrees that the Owner will not file any t-ype of application for a subdivision plat or other development -related approval for tike Fropertz with Williamson County or the City until the Property has been annexed into, and zoned by, the City. 2.3 The Owner covenants and agrees not to construct, or allow' to be constructed, amy buildings on the Property that would require a building nerlrLit if the Property were in the city limits, until the Property has `t?een annexed into, and zoned by, the Cite. ]7he Owner als=o covenants and agrees that the City's AG—Agr ricultue zoning district requirements apple to the Property, and that the Property shall be used only for AG— Agriculture zoning uses that exist oIh that Property{ at the time of the execution of this Agreement, unless o};iherNn i.se provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family= dwelling in compliance with all applicable Cit}= ordinances and codes. 2A The O�rner acknoo ��ledges that eaclh and_ every owner of the Property must sign this Agreement in order for the ,Agreement to take hull effect, AND THE OWNER WHO SIGNS TI -111S AGREEMENT COVENANTS AND AGREES, fOINTLY :AND SEVERALLY, TO INDEMNIFY, HOLD FLA.RMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS. BY ANY PERSON CLAEMI IG AN O 'NERSI-III' INTEREST IN THE PROPERT\,' WHO ILLS NOT SIGNED THE AGREEMENT, ARISING LN ANY WAY FRO1\41 THE CITY'S RELIANCE ON THIS AGREEMENT, Annexation Development Aurv=ent Page 2 0f 8 Section 3. Effect of Certain Filings or Actions. 3.1 The O�,Nrner acknowledges that if any application for a plat or oeher development - rel approval is filed in violanon of thds 4igreement, ol` if the Owner Co?7llleilCes development of the Property in violation of this Agreement, then in addition to, the City's other remedies, such act(s) will Constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexa tion at the discreI i of the Cit, Council. The Owner agrees that ;such annexation shall be voluntary and the Owner herehv consents to such annexation as though a edition for such annexation had been tendered by the ON-vner. 3? If annexation proceedings begin pursuant to this Section, the Owner acklnmvledges that this Agreement serves as an exception to Local Government: Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation pian. Furthermore, the Owner hereby waives ant' and all vested rights 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 Owner has taken in violation of Section 2 herein. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43.1,351,b)(1)(B) of the Texas Local Government Code, 6110 Citi? is authorized to enforce all of the City's regulations and planning authority that do not materially interfere tvitln the use of the Property- for agriculture, Wildlife management, or timber, in the same manner such regulations are enforced within the Cittr`s boundaries. 4.2 The City states and specifically reserves its au€hority pursuant tc� ChaptP.r 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Terre.; Annexation On or After the End of the Term 5.1 Tlnc tear, of this Agreement (the '"Term`") is fifteen f15) years from the date that the Citv l�ilanager's signature to this Agreement is acknowledged bSr a public notary, unless sooner Germinated as provided for in Section a, above, or if elle Property no longer has an exemption from ad uraloreni taxes for agricnzltural, wrildlife m:anagenent, or timber land. if this I� greeinent is terminated because the Property- no longer has an exempt fxorn ad valorern taxes for agricultural, wildlife management, or timber land, then the effective bate of such termination shall be the effecti-ve date of such change in exemption status for ria, V0,10rent tax purposes. rd 5.2 The Owner, and all of the Ow-ner`s heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or atter the end of the Terl.n. Prior to the end of the Terry,, the City may commence the voluntary armexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas tknnexation IJevelopz,Ivnt Agreement Page 3 0F8 m >e i L?Cc3i C4v:'i: riirlt Code thatwould(7tht tti'Ist exist'Vv j'Ir tL C{. ani'?a orCriSt'uctlort ar;c of the owrters may initiate during the time betAveen the exni.ration of this Agreement and trIC ilistitzltion of annexation proceedinas'by the Ci.tV, Section 6. Zonin 6.1 Property annexed pursuant tc this .�greernent �1ill initially be zoned AC — Agriculture. punuarat to the City's Unified Development Code. G.? C \)vn.er mav file ani application for another zoning classification, and anv such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Pian, and other policies of the City, Section 7. Notice. 7.1 Any person who sells or- conveys any portion of the Property shall, prior to such sale or convevance, give written notice of this Agreement to the prospective purchaser or grantee, and shall gine written notice of the sale or conveyance to the Cit} 7./ Owner and the C)Nn-racr`s heirs, su-cessor, and assigns shall give the City G��ritten notice within fourteen X14) days of any change in the agricultural., wildlife manac,ement or timber land tax exemption status of the Propert}`. 7.> A copy= of anti,, notice repaired by tl-Lis Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: Citv of Georgetown Attn. City Manager P.0, Box 409 Georgetown, Texas 78627 Section 8. TI-iis Agreement shall run Nvidi the Property anis be recorded in the real property records of Williamson Count},v, Texas. Section 9. If a tour of competent jurisdiction deters cines that any covenant of this Agreement is void or u-nentorceable, including the covenants rega:rcling Irivo urltar,' annexation, then the remainder of this Agreement shall remain in full force and effect. Section 1.0. This Agreement may be enforced by any Owner or the Cite by any praceeling at la vv or in equity. Failure to do so shall not be deemed a waiver to enforce tine provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceabiLty of this Agreement or the City's ability to arLnex the properties covered herein pursuant to the terns of this Agreement. Section 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, annexation Devetopmerst AM'e0=1 Page 4 of 8 :6o= 14. This d7p me ta !I survive i@ termination to the extent necGs a \ for Ole m-ym ySo.a the provisions of Sections ¢ d53J3c I Entered into this d of \. S : m. OWNS q: r . . . . Printed &amc.! 2 PrintedNams�\\ £m#edName: Printed Name . THE CITY OF GEORGETOWN, TEXAS By: ... Printed Gy&E£a1 Brandenburg . fle : Cil M a T-11 (% O2ARJ£3FOLLOW ON S££3RiT £ACES THE dE S T � OF TEXAS COU -I TY OF VV1LLI_AMS0\N f ' i This instrume If 111;111;, .` R pv«. CATHY KRENEK Notary Public, State of Texas t', My Commission Expires `:9rep;e' MARCH i?, 2412Ir COUNTY OF r $afore me on the I CTay of / f s , Owner_ It 1 f mit � ( `✓""(� TI11S instTuI11e7 t. lh'as actin[� v�'led(red�before me (}n the <" C( i Q r� 20108, bit Own' -%n CATHY KRENEK Notary Public, State of Texas OI Ap cion Expires CC) J tir'ITY OF day of Tliis instrument was acknowledged before me on the 2008; by Owner, votary Public, State of Texas Ii THE STA TE OF TEXAS CO'UNT'Y Or ; daV of 171l:s instrument" was ac1Cnov1 fledged before me on the _ dap' of ....... 1, 2008, by Owner. Notary Public, State} of Texas Aimexallon D.eveiojnnent Agrecmen; £'age 6 of 8 0z % 10000 SOO V, vool kEOyon elf 2 GET//N kJI� RI ,v 44Z \R3118011\ .Deed £: 199703930: Legend : m(Tlax3NNoted) ..�=mm �a m r : Watcr 1 !PropertyLifle � u , « a .cirra w_w Qmval Hina_. OnlY STATE OF TEXAS COUNTY OF WILL.IA,MSO? CITY OF GEORGETOWN, TEXAS CHAPTER 43 TEXAS LOCAL GrOVERNMENT COLE DEVELOPMENT AGREEMENT This Agreement Ls entered into pursuant to Sections 43.033' and 212.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Oxvner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Williarnson County, 'i exas, Which is more particularly and separately described in the attached ."'Xhibit "A"; and WHEREAS, the Property is currently located in the exit-aterritorial. jurisdiction of tl�e Cite, an has been appraised for act valorem tax purposes as land for agricultural or wildlife management use under Subclhapter C or D, Chapter 23, Tax: Code, or as tinhber land under Subchapter E of that chapter; and WHEREAS, the City has begun the process to institute annexation proceedings o.n all or portions of the Property and has held public hearings on September 9, 2008 and September 23, 2008; and WHEREAS, REAS, the Oin=ner desires to hal e the Prt?pert t remain in the Cit -y" s extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.03" and 212.1,2 of the "exas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and � WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the Cit -v and the Oaf\-ner and their respective successors and assigns for the terra (defined below) of this Agreement,: and WHEREAS, this Development Agreement is to be recorded in the Peal Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties .hereto agree as fol-1mvs: Annexation Development Atn-eement Page 7 of 8 Section 1, Continuance of Extraterritorial jurisdiction Status. 1:1 The Cit}J guarantees the continuation of the extraterritorial status of the Owne, Propert-, its immunity from annexation the City, and its immunity from City PTO ert� taxes; for the Term of tris greelnent, subject to the provisions of this Agreement. 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 seal-utoI.1' annexation plan for the Terris of this Agreement. 1 iovrever, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code, Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Cather Uses 2.1 The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land. consistent with Chapter 23 of the Texas Tax Code, except for an\, existing single-family residential use of the Property, without the prior yvritten Consent of the Citi?, �.2 The Oyw�i co %, and agrees that the Owner twli.l'I not file any type of application :ora subdivision pkat or other development -related approval for the Property with t Wil.1iamson County or the Cit- = until the Property has been annexed into, and zoned bv, the Citv. 2.3 J he Owner covenants and agrees not to construct:, or allow to be constructed, any buildings on the Property that would require a building permit if the Proper; - were in the city limits, until the Property has been annexed into and zoned by, the Citi=. The Owner also covenants and agrees that the City's AG—Agriculture zoning district requirements apply to the Property, and that the Property shall be used only for AG— Agriculture zonuzg uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. I-Imevrever, the Owner may construct an accessory structure to an existing single family dwelling in compliance ywritll all apnticable City ordinances and codes. ?.4 The Ou.me; acknowledges that each d every owner of the Propertymust sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEIMENT COVENANT'S AND AGREES, JOINTLY AND SEVERALLY, 'TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN 0VVN?ERSHIP INTEREST LN 'II IE PROPERTY WHO HAS NOT SIGNED `I'-iE. AGREEME.NTI, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. 0. r ,A,0094 Section 3. Effect of Certain Filings or Actions. 3.a The Owner acknowle-lCiges that if any, application foIa plat oi` other development - related approval is filed in vioi.atlon o. this Acrree:ment, C7i' If the Owner Con2LnenCeS development of tine Property hi violation of this Agreement, then in addition to the CitS''s other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the I roperty gill be subject to annexatioiI at the discretion of the City' Council. The Ov,7 ner agrees that such annexation shall be voluntary- and the Ow vier hereby Consents to suchanr�exat on as though a petition for su h an had beer, tendered by the O"Tner. 3.2 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Govemment Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all bested rights and claims that they may have under Section 43.002(a)(2, and Chap ter 245 of the Texas Local Government Code that wwou.ld otherwise exist b5' virtue of ariv actions Owner has taken in violation of Section 2 herein. Section 4. Enforcement of Cite Regulations 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government. Code, the City is authorized to enforce all of the City"'s regulations and planning authority that do not materially interfere Nvvith the use of the Property for agriculture, wildlife management, or timber, in the same manner such regulations are enforced within the Cit%''s boundaries. 4.2 The Cit-= states and specifi.cally reserves its authority pursuant to Chapter 251 of the Texas Local Goverranent Code to exercise eminent doinrain over propertyl that is subject to a Chapter 43 and/or Chapter 27.2 developmen agreement. Section S. Term Annexation On or After time End of the Term 5.1 The term of this /� greement (the "Terre") is fifteen (ID) iJears from the date that the City ?Manager's signature to this Agreement is acknowledged by a public notary, trilless sooner terminated as provided for in Section 3, above, or if the PropertIT no longer has an exemption from act valorem taxes for agricultural, wildlife management, or t -in ber .land, if this Agreement is terminated because the Propert�7 no long er has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land, then the effective elate of such termination shall be the effective date of such change in exemption status for ad valoroni tax purposes. 5.2 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the and of the Term, the City inayr commence the voluntan- annexation of the Property. In cortnection with annexation pursuant to this section, the Owners hereby Nvaive any vested rights they i`may have under Section 43.002(x)(2) and Chapter 245 of the Texas Aiuiexation Oevclopment A.greeinent Pare;oi8 Local ksoverTltnlent Code tha} would otherwise exist by virtue of anv Plat or constructiou, rinv of the owners may initiate during the time behveen the expiration of this Agreement anti tl-ie institution of annexation proceedings by alae Cirv. Section 6, Zoning 6.1 Property aTinexed pursuant to this Agreement will initially be zoned Af. - lgriculture= ptusuant tc} file City's Unified Development Code. Owner may file an application for another zoning classificat o �, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Phil , and other policies of the Citta. Section r, Notice, 7.1 ArIv person who sells or conveys any portion of the Property] shall, prier to such sale or convevance, give written notice of this .Agreement to the prospective purchaser or grantee, and shall give written notice of the sal43 or convevance to the City. 7,2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (14) days of any change in the agricultural, wiklli.fe management 11 or timber land tax exemption status of the Property. 7.3 A cops- of any notice required by this Agreement shall be in writing and sent to the Cif' via certified mail, return receipt requested, to the following address: Citi=of G - orgetown Attn: City Manager 13.0. Box 409 Georgetown, Texas 78627 Section 8. This Agreement shall run -with th. Property and be recorded in the real property records of Williamson County, Texas, Section 9. If a court of competent jurisdiction determines that am covenant of Uhl's Agreement iS veld or unenforceable, includhia the covenants Tegarcang involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by arsyr Ow=ner or the City 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 subseauent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties coverer.. herein pu.:rsuai:,t to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Williamson County, Texas, Section 13. Tl-iis .Agreement may be separately executed in individual counterparts and upon execution, shall constitute one and same instrument. i Section 1i, Tl 6 Agreement s l dem CIES patio m the tent aces : ƒe im c»wH G Gc oW» %Of !\ \ J3 i G ,L ^ . Entered 6m this / v of§ \ ,2006. OWNER(S): 2rinNa-me. friilwdName: THE CITY OF GEORGETOWN, TEXAS B; Printed /2»EPaul .Brandenburg. Tile: t ]aura r t\ 0TARIES AQL£9 ON SEPARA 2£ PAGES) g x « 3 » © »° 3 zz .,& e,._, m2 #?�&w TI- STATE , OF TEXAS COUti'T.I, OF WiLLIAit450N f tI i This inStrLIM 2008, bV tRR CATHY KRENEK '* Notary Public, State of Texas My Commission Expires 'C i n� •r*$Q4-1 1712Q12 COT; 11\? . Y OF ) % hiS i .Strumelt AAlas. PI mus, bV �y}Cti NIP soy "usRr., CATHY KRENEK f'y Notary Public, State of Texas .roc` My Commission Expires `'.'iijw ' 0% MARCH 7 a.Fg,+4.. rr m . 1 , 2QA COUNTY Y OF befCore.. rne(/ on the 1 c.u\ of Notary Publi�,'�tate cA Texas before rile on the � dati of 't JAI: 1.r, , O�1•n.er. Notary I hL; instrument was acknowled<( ed before me on the 2008/ by ; Owner. THE ST.A TE OF 71I EXAS I COUNTY OF } of Texas Notary Public, State of Texas Tliis nstrument \vas ackno"'Iedued before n:ie on the 2008, by Owner. Notary- Public, State of Texas AmiCxation Development altaltID. iDogoawne day oil dad` of TGE STA2E OF TE& A5 COUNTY OF WILLL M SON This aseum 1 was acknowledged before me on the. ,200 % 3/ Paul B,dam r , Citva a City of Georpretovvn, Not y Public, State ofZ a AFTER RECORDING RETURN T0: -en Frost, &d! m : !mt Comrllurlitv and Developmen, Services D\QGmr'w2 Texas Edam 409 Georgetown, Texas A7 Page 7/ of 8 1 - » a » : r, ««»:¥:»2�« < � : � K t#fy & s »::az,: �r22� w. . . . . . day t x: . S� Clayman Property %T 16Afi 8432277 �3EC)I2G"TOAAN Septemberi7,2t�tJ8 TEXAS RIO ef. Legend S3lv, (Tax ID N=ber Noted) j! R! �s�e[ras Curmnt City Limits 1 Pa'npertv Lirm. 0i G 0 c 2m 4011i _. Water'Bodv Gimcbmip S) telt. Fezas Stvlc 1 lane Crntrnl ZomiNAC18a:US 1 -mi C:nnufiraphic rhta Pc Gerrll piuiullup Pilgliw�N UDIi EXHIBIT STATE OF TEXAS COUNTY OF WI LIAMSON CITYOF GEORGETOWN, TEXAS CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DE''ELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and bettiveen the Cita of GeorgetmArn, Texas ('the "Citi.") and the undersigned property owner's' (then "Owrner'). The term "&ATner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson County; Texas, x,vhich is more particularly and separately described in the attached and WHEREAS, the Property is currently locates; in the extraterritorial jurisdiction of the City, and has been appraised for ad valorem tax purposes as hand for agricultural or NViidli.fe aaanagement use. under SubclLapter C or D, Chapter 23, Tax Coda, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has begun thy} process to institute annexation proceedisrgs on all or portions of the Propeny and has held public hearings on September 9, 2005 and S)r%ptc>mber 23, 2008; and WHEREAS, the Ovtiyner desires to have the Property remain in the City's extraterritorial Jurisdiction, in consideration for which the 0i:vner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 4.3.033' and 212.172 of the "1"exr:s Local Government Code, in order to address the desires of the Owner and the procedures of the City; and i WHEREAS, the Oveme�r and the Cite acknoNvledge that this Agreement is binding upon the City and the &tuner and their respective successors and assigns for the terns (defined below) of tl-tis Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of yh'illiamson Cou.nh-, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as foilosAis: 2 nncxaiiui�1 Devclopment ,Agyreement P4frT� l �1 f� pp pp E g B Section 2. Continuance of Extraterritorial jurisdiction Status. I.1 The City guarantees the coratinu.ation of the exp aterritorial status of the Owner's Prcypert<<; its immunity from annexation by the Citj ; and its immunity from CitZ property -taxes, -or the Term of this Agreement, subject to the provisions of this Agreement, I.2Except as provided in this Agreement, the Cif�t agrees not to annex the I'.rc�i�ertT , agrees not to involuntariiX 7 institute proceedings to annex the Property, and further agrees not to inCiude the Property in a statutory annexation pian for the Term of this Agreement. Howover, if the Pi —rh is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the ';'exas Local Government Code. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Other Uses 2.1 The Owner C venants and agrees not to use the Property for anyuse other than for agriculture, wildlife znanagernent, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property Without the prior written Consent of the City, 2.2 The Oxrner covenants and agrees that the Owner will not file a.nv tope of application for a subdivision plat or other development -related approval for the Property i� ith Wi.11iarnson Countir or the City until the Property has been annexed into, and zoned by, the ('ityl 2.3 The Owner covenants and agrees not to construct, or allow to be const.r.Fcted, any buildings on the Property that would require a building permit if the Property were in the cite limits, until the Propert r has been annexed into, and zoned by, the City. The Owner also covenaaats and agrees that the City's AG—Agriculture zoning district requirements apply to the Property; and that the Property shall be used only for AG— Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwel:li:no- in compliance with all applicable Cittr ordinances and codes, v 2A The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, AND THEOWNER 1VHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO IND IvI;NIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OT1"NERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROIV THE CITY'S RELIANCE ONT THIS AGREEMENT. Section 3. Effect of Certain Filings or Actions, 3.7 The Owner acknowledges that if any application for a plat or otl-ier develonment- related approi--al is filed in violation of this � g"reernenl, or if the Owner co:�nrrienceS I evelopment of the Property in violation of this A;rree hent, then in addition to the City's other remedies, such act(s) trill constitute a petition for volunta.r T annexation by the Owner, and the Properti7 will be subject to annexation at the discretion of the Cite. Council. Tile Owner agrees that such annexation shall' be voluntary and the Owner h reby consents to such annexation as though a petition for such annexation had beer; tendered by the Owner. 3,2 If annexation proceedings begin pursuant to this Section, the OhA-ner acl nowledges that this Agreement serves as an exception to 'Local Government Code Section 43.052, reclu11-11-rg a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby wain es any and aI1 vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 24.0' of the Texas Local Government Code that would otherwise exist bt uirtue of any actions Oi� her has taker. 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 Government Code, the Cite is authorized to enforce all of the City's regulations and planning authority that do not mateldafly interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner such regulations are enforced within the Citv's boundaries. 4.2 1 he City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over properh, that l'.5 subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Term; Annexation Can or After the End of the Tenit 5.1 The term of this Agreement (the "Term"') is fifteen (15) years from the date that the GV Manager's sl'gnature to this Agreement is ackrim.0edged by a public notary, unless sooner terminated as provided for in Section 3; above, or if the Propert-v no longer has an exemption from act valorcin taxes for agricultural, wildlife management, or timber land. If this Agreement is terminated because the Property no longer has an exemption from art valcireir; taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shall be the effective date of such cha rage in exemption status for ad valorein tax purposes. 5:2 The Owner, tinct all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of fhe Term., for annexation of the Properh! to be completed on or after Lite end of the Term. Prier to the end of the Term, the City may commence the voluntary annexation of the Property. In connection -with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Page 1 of 8 =local GovernnleY t Code that NArouid ofheTwise exist by virtue of any plat or consintck o:h any of the owners may initiate during the time between the expiration of this Agreement and the institution of zmnexation proceedings by fhe C11 Section 6, Zoning 6.1 Property annexed pursuant to this Agreement varili initiatly be zoned AG — Agricu3ture pursuarit to the City's Uni.fied Development Code. 6.2 Owner may file an application icor anothe, zoning classification; and any such application shall be reviewed and considered in accordance vvffluh the t} -yen -current laws, regulations, ordinancces, Comprehensive Plan, and other policies of the City. Section 7. N otice. 7.1 AnN person who sells or conveys anportion of the Property shall; prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or nrantee, and shall give written notice of the sale or conveyance to the Cite. I Owner and the Octi-net's heirs, successor, and assigh2s shall give the City ca%ritten notice within fourteen (14) clays of any change In the agricultural', wildlife management or timber land tax exemption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail.,. return receipt requested, to the following address: City of Georgeto tvn Atte: City Manager P.O. box 409 Georgetown, Texas 78627 Section 8. This Ag,reer lent shall run with the Property and be recorcIe in the real propertx, records of Williamson County, Texas. Section 9. If a court of competent jurisdiction deterrnines that any covenant of this Agreement is void or unenforceable, including the covenants regaraahg involuntary aruhexation, then the remainder of this Agreement shalt remain in full force and effect. Section 1t1. 11is Agreement may be enforced by a:ny O-vvner or the Cityr by any proceeding at lace or in equity=. Failure to do so shall not be deemed a waiver to ent"orce the provisions of this Agreement tlhereaftes . Section 1.1, leo subsequent clhange in the la", regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12.. Venue for this Agreemen:t shall be in. Williamson County, Texas, Section 1a, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Amexation Developmentent +► Section 14, TI -lis Agreement all surviveit m»a§Jz m ±e e gent Ces St be implementation oft11C Provisions or Sec %% and 5 herein, 2@ ainfo th3 clav o{\2 =zƒ O WN ER ±\ 2\ !! » ^jam �w\ y\ Printed.amE 9:bte Na ne: \ D:yl Name: Printed Name: idy THE CITY OF GEORGETOWN, TEXAS By: 2m!@d Name: Paul Brandenburg; Title' Cim Manager � O TAIUES FOLLOW 9& 3£f7RT PAGES) #A-2009440 �#7 79 ° x> ¥ 2»}\ 2 2 < ,/ THE STATIE OFTEXAS COUN 11Y OF tVIL'LiAMSON ti I this rnstrumc.n as nor ted cci before .nye on tnP , Gav o 2008, bv = wl�er. rt�Fer�"�, CATHY KREN K , G Notary Public, State of Texas try Commission Expires MARCH 17,2D12 2D12 � f Y I" o ary Pub_bt6 Stat; of Texas TFIE STATE OF TEXAS } CoU,NITY OF 1 \. hIs L219i1'UiI3e11t 4r2t4 a,C�ihli�?�1` d Teti C3�'fore me on the _ dad+ of k < Owner. � p 464 Notary Public, State all Te xas mi&Slfln Expires MAR CH 17, 2012 kk-)tary P-Lzblatc, StatA of Texas T IE STATE OF TEXAS ?? COUNTY OF ,TKis, instrument as acknON-Vied red before me on the GIV of �:: { . 2005, by j I i 41 A � Owner. I kSit l t l tie �a� F"s�s CATHY KHLNEK � �x Lti � Notary Public, State of Teras My Commission Expires CF MARCH [%, 2012 FHE STATE OF TEXAS COUNTY OF is instrumc >j 2008, by } N otaiw Pubj-iL Stag Of Texas i as acknowl , cl d bkfore isle Oil t -he day. of Owner. Y`P + CATHY KRENEK " Notary Public, State of Texas * icy Commission Expires g;, NARCN i 712012 ++etit AnnexaLion Development Agreement Dublle zcj StaW of Texas sys' 7 wGltA Z 4xA Poa/[r}}fch Property 1 EfF tMx R038884 884 Gr RGETOWN September 27, 2CMif3 TEXAS F Legend, Site (Tax IR Nmnber Noted) sMetm ,r"'�.. Stream/.River xY , Current City Li¢rits ...._. -'r` Water C3ud,1> Prnperty Line 04 t xu tinnhrSy`atn 7exa�5f.:1ePimi-(;.rstra}lorK/hAP F:it'.i Prt1 Cari�raphic Qata Fo�'Gas+ent PLvxntny, l'ur}xxee {)nlp t 1 f� Site (Tax IR Nmnber Noted) sMetm ,r"'�.. Stream/.River xY , Current City Li¢rits ...._. -'r` Water C3ud,1> Prnperty Line 04 t xu tinnhrSy`atn 7exa�5f.:1ePimi-(;.rstra}lorK/hAP F:it'.i Prt1 Cari�raphic Qata Fo�'Gas+ent PLvxntny, l'ur}xxee {)nlp Exhibit O I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA No. SE7 COrTNCIL DISTRICT NO. DATE: DECEMBER 31., 2008 Thus Service Plan (the "Plan") is made by the City v 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 shove on Exhibit "A" to this Service Plan, which is referred to as "2008 Annexation Area SE7. 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 Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III, INTENT It is the intent of the Cif 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 Iaws 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 41/z years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service Plan for 2008 Annexations Page 1 of i3 Area SE7 oaoa P i a� For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City- provides municipal services to any other areas of the City;, and mayinclude causing or allow=ing 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 vF7ith Section 43.056(g) of the LGC, if before aimexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the Citv to other areas �fvithin 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 "Till extend regular and routine patrols to the area. 2. Fire Protection and Pmerbency 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 NATill 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 Fater 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 (" LTDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan for 2008 Annexations Page 2 of 13 Area SE7 a �. Operation and Maintenance of Streets, Roads, and Street Lighting - The City Nvill 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, slurrN 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 City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. Annexation Service Pian for 2008 Annexations Page 3 of 13 Area SE7 i 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apple in the annexed area. 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages} shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare --fl-ie provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 41/z FEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Fater and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherivise 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 Cite Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City 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 SE7 ORDo xhl l of water and wastewater services will be provided in accordance I 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 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.7 for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ?/2 years from the effective date of annexation and will be substantially complete within 4 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 b�T 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 lave. 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, whish 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. DTII, FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces Annexation Service Plan for 2008 Annexations Page Do of 1S Area SE7 ORO, aoog�f& E ; of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, torriadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event, 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII, AMENDMENTS TD Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. 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 • # . • Area SE7 #aD. Y t A', 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 Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City- shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacih.7), 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 in ne Face less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point wTithin 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•2008Annexations Area SE"7 Page 7 of 13 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 histalled in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the Cit"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 Cittr'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 whiting 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 s3=stem - 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 time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for IMICARWITIORSOMFIVIM Area SE7 Ow, W09W ,. , ►D. Page 8 of 13 single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: C •iolillillilillt i t ''. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capaeivy additions. In this Section, the term "utility system" shall mean the City's water system. wastewater system, reuse irrigation system, and stormwater drainage system. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75)° o of current capacity and future demand is expected to exceed the current total capacity. Annexation Service Pian for 2008 Annexations Page 9 of 13 Area SE7 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. Section 13.10.040 Project Financing, 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 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: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan for 2008 Annexations Page 10 of 13 I . connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities: or 2. connection to a public centralized wastewater collection main 'with all wastewater discharged to a centralized public wastewater collection System, B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.0} of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such futures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. 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 loin pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Annexation Service Plan for 2008 Annexations Page 11 of 13 See. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the Citv to establish or maintain any privy or dry closet. Sec.13.20.040 Low pressure Sewer Systems A. A "Low Pressure Sewer System" is an individual liftstation 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-�NTay. 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. Prohibited 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.?4 of the Code of Ordinances. B. Any stormwater, groundtivater. rainwater street drainage, subsurfacedrainage, 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 substancee 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. 1i1 A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service. the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the Annexation Service Plan for 2005 Annexations Page 12 of 13 Area SE7 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 systern testing.the pity identifies a fla�N 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, Cite 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 Area SE7 OR'D. i