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HomeMy WebLinkAboutORD 2006-19 - REZ Sun City 41Ordinance • /I ' An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the April4, 2002 in accordance with the Unified Development Code passed and adopted on March 11, 2003, to change 36.181 acres, out of the Frederick Foy Survey, abstract 229, located west of Sun City Boulevard, to be known as Sun City Georgetown, Neighborhood Forty -One, as recorded in document numbers 9558177, and 9539294 of the official records of Williamson County, Texas from Ag, Agriculture to Planned Unit Development (PUD); repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property"): 36.181 acres, out of the Frederick Foy Survey, abstract 229, located west of Sun City Boulevard, to be known as Sun City Georgetown, Neighborhood Forty -Five, as recorded in document numbers 9558177, and 9539294, of the official records of Williamson County, hereinafter referred to as "the property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report, and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which fine was not earlier than fifteen (15) days for the first day of such publication; and Whereas , written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of thelots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held onMarch 7, 2006 recommended changing said zoning district classification of theabove described property from Ag, Agriculture district classification to Planned Unit Development (PUD), in accordance with attached Exhibit A, Sun City 41 PUD Whereas, in comph.__ice with Section 4.04.030(A)(2) of the U ,ried Development Code a Development Plan was submitted in conjunction with the requested establishmentof the Planned Unit Development district, Whereas, the City Planning and Zoning Commission in a meeting held onMarch 7, 2006 recommended adoption of the Development Plan for the Planned Unit Development, attached hereto as Exhibit B, Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following objective of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.3: Ensure that new development will be compatible with existing land uses in terms of use, density, building heights, scab and offsite effects. Objective 1.5: Require zoning change requests to be consistent wit the Future Land Use Plan, Section 2. The City Council hereby finds that the proposed Planned Unit Development and Development Plan satisfy the approval criteria cf Section 3.06.030 and Section 3.06.404 of the Unified Development Code, as follows: Section 3.06.030 Approval Criteria (Rezoning) A. The application materials submitted provide complete, sufficient and correct information necessary to render adequate review and final action; The proposed PUD district is consistent with the Comprehensive Plan land use designation of "Residential" and implements the Goals / Policies of the future Land Use Plan as referenced in Section 1of the Ordinance; B. The proposed PUD district promotes the health, safety, or general welfare of the City and the safe, orderly and healthful development of the City by allowing development consistent with the General Plan land use designation; C. The proposed PUD district is compatible with the zoning and use of surrounding properties and with the character of the surrounding area; D. The site is suitable for the range of uses proposed with the PUD district, Section 3.06.040 Ai _'oval Criteria (Planned Unit Developn', A) 1. The proposed PUD achieves a orderly and creative arrangement of the land uses proposed within the development and in their relationship to the larger community; 2. The proposed PUD establishes a planned and integrated transportation system which takes into consideration vehicular and pedEstrian circulation; 3. The proposed PUD will accommodate approximately8.929 acres of open space area; 4. The provision of public utilities and services will be accommodated in a timely manner as established by the PUD Development Plan and the Development Agreement between the City and Developer, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 3. The Zoning District Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture district classification to Planned Unit Development (PUDl in accordance with Exhibit A attached hereto aryl incorporated by reference herein is hereby adopted by the City Council of the City of Georgetown, Texas, Section 4. The Development Plan accompanying the Planned Unit Development, attached hereto as Exhibit B, is hereby adopted by the City Council of the City of Georgetown, Texas, Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 6. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 7. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecton the date of final adoption by City Council. gun City 41 PUD Passed and Approved on First Reading on March 28, 2006. Passed and Approved on Second Reading on April 11, 2006, to be effective on the date of the Eighth Amendment to the Development Agreement with Del E. Webb Development Company, L.P., concerning the Development of Sun City Texas. Attest: Sandra D. Lee City Secretary Approved as to forn1: -1 Patricia E. Carls City Attorney O 00 Sun City 41 PUD Page 4 of 4 The City of Georgetown By: Dq (g Smith Mayor Pro Tem EXHIBIT A Miles Ile 0 0.125 0.25 0.5 0.75 1 Legend N'hood 41 Parcel Boundaries --- Street Centerlines yy�� (:ity I imitc � A.+• ° � r1 Sun City PUD, Neighborhood Forty -One roperty and boundary lines are approximate) A. C. Sun City Neighborhood Forty -One Planned Unit Development Development Plan Property This Development Plan covers approximately 36 acres of land located within the city limits of Georgetown, Texas, described as 36.181 acres out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Forty -One. The legal description and field notes of the site are attached as Exhibit C. Purpose In accordance with Unified Development Code Section 4.04.030 (5) 'Development Plan", the following is a summary of the design standards for the development of Neighborhood Thirty of Sun City Texas. The standards are consistent with those outlined in Exhibit G of the Sun City Texas Planned Unit Development Standards of the Sun City Texas Development Agreement Exhibit B and incorporated herein). Development Plan 1. Miscellaneous - Amendment No. 8 (attached hereto as a. A Public Review Final Plat for Neighborhood Forty -One has been submitted to the City of Georgetown on behalf of Del Webb Texas Limited Partnership. A copy of this plat is attached hereto as Exhibit A and incorporated herein. b. The platted area is intended to be developed as a residential neighborhood designed as a standard detached single family "cluster" lot development. c. All 153 lots within Neighborhood Forty -One shall be developed as standard detached single family "cluster" residential lots consistent with the development standards contained herein. Sun City Georgetown Neighborhood 41 PUD Standards April 11, 2006 1 EXHIBIT B i. Neighborhood Forty -One shall be developed with 153 detached single-family residential units classified as "cluster" lot development. d. The plat depicts the 100-year flood plain and existing topography. e. The neighborhood shall be developed in accordance with the City Council approved Development Agreement for Del Webb J Sun City. 2. Proposed Acreage and Usage a. The neighborhood size is 36.181 acres b. The number of units within the neighborhood is 153. c. The density of the neighborhood is 4.22 units per acre. 3. Lot Configuration and Setbacks a. The plat (Exhibit A) illustrates the street and lot configuration, building setbacks as well as the density for the neighborhood. The neighborhood is designed with the building setbacks outlined within the development agreement as follows: Neighborhood Forty -One i. Front 10 feet ii. Rear 5 feet iii. Corner Side 10 feet iv. Side 5 feet v. Interior Side 5 feet b. The neighborhood has been designed as a "cluster" lot development. C. Exhibit G of the approved Development Agreement outlines lot size, impervious cover and building coverage requirements for the standard single family product. These standards are carried forward as follows: i. The minimum lot size allowed shall be 5,000 square feet. In accordance with the approved Development Agreement. Sun City Georgetown Neighborhood 41 PUD Standards April 11, 2006 2 EXHIBIT B ii. Impervious cover shall be 75% for "cluster" lots. Maximum impervious coverage for the overall development shall be 40%. Building coverage shall be 50% for "cluster" lots. Maximum building coverage for the overall development shall be 30%. iv. Impervious cover and building coverage calculations are prepared for each platted area, as well as the overall development platted to date. The table will be updated and provided to the City staff. v. No more than 525 "Cluster" lots may be developed in accordance with the revised 81h Amended Concept Plan, approved by City Council March 28, 2006. After this subdivision only 372 new cluster lots can be developed. 4. Circulation Street cross -sections are in compliance with those outlined within Exhibit G of the Development Agreement. 5. Parkland I Open Space In accordance with Development Agreement - Amendment No. 8, public parks are not required within the neighborhood, but parkland fees will be required at the time of platting. 6. Public Facilities There are no public facilities, i.e., schools or fire station within the neighborhood boundary. Sun City Georgetown Neighborhood 41 PUD Standards April 11, 2006 3 l EXHIBIT B List of Exhibits Exhibit "A" Public Review Final Plat of Sun City Georgetown, Neighborhood 41 Exhibit "B" Exhibit G of the Sun City Texas Development Agreement (proposed 811, Amended Concept Plan) Exhibit "C" Field notes for Neighborhood 41 Sun City Georgetown Neighborhood 41 PUD Standards April 111 2006 0 • • t �. • . • • '.. • t DFL MEBS YXAS IM70 PAAMI-RSMP (C&UrD 11SJ79 AOWS) DCt:WZ-Nr NO 933979L (OR. WC T) DR MfBB 7EXAS llM17r0 PARIMRSIBP (RfMAlADrR Or A DULY/AIENT NO. 9338777 LOT.A (OR. WC 7) OPf71 SNCE k DL \ itUFD PIA) Z000 SCALE: N.T.S. ME u 4e 4a 41 AS 4n 42 ss 41 w 010 aRfZH 51 .t0 N �.j05'R 13e 137 136 u C ll9 Im .� llp b< 37 iN ,AI D7+ d Im OW DPEM WE k 6L 35 143 1n3 >3 144 0 O t32 151 32 14n Im llp 146 146 31 147 RE��W 1,n za pE� 1t4 0_ 2c "" tog z3 1aa� 24 v a 21 20 t0ff mr e cm VAa I*DL i1 m WO) / 14 73 72 T, A • Qd67 A 76 n � � 7 n8 9t 0 72 to m vv \\ to n, 85 t3 ® n5 tD to pe ,2 n ,ao ,o 102 ,m e 1N IN t toy � cc N£BB 7rXAS LATTTED PARTNERS'RP (RENAWOrR Or A 413954 ACRES) 7RACT 4 — oGCUNENT ND 9558177 (D.R we 7) 1 -a 92 y Tl .n0 37 n o F£ to / *I S I at WIN 9WCEE A OL st w arr c wa4 mJm: UK,g A9GhVOPhVW RJb4Tr--TYJ� tf41t Vwx OL CAWNCr_� STJLX3_ 71 s? A tOT T ap OMOI 9MCE k 6L T a -� a> � / S LNDEJ� PAS N � aJ e OPOt M E k DL e r( JD T �F SJ is TT To If Lc a)40 iam f 15 PARIN. 47 DO C� � 0i/W�CY�CEyk�DL 9� \` JT �y BREfZEdAY LAVE lD 07 as >l.�SYRr UTY (�'O4Cf7DlIN, !#2GVB0'007 r"L" la \(,'A6YNFT MA S WW C..F..RR l EXHIBIT B Exhibit G Sun City Georgetown Planned Unit Development Varied Standards for Subdivision Regulations and Unified Development Code 1. The standards and criteria set forth in this Exhibit G, including the additional standards in Exhibit G-1 and the roadway and utility specification in Exhibits G-2, G-3, G-4, G-5 and G-8, will be applicable to the development of the Project. 2. All streets within the Project are classified as "minor". Typical cross -sections and utility assignments for a minor arterial, a neighborhood collector, a residential collector and a local street are attached as Exhibits G-2, G-3, G-4 and G5, respectively. Standard utility assignments for local streets are shown in the attached Exhibit G-8. 3. Del Webb is authorized to create non-standard private lots within the median of a public street to place manned entry houses or similar entry features near the entries to the Project on F.M. 2338 and on Highway 195. These entry features will eventually be located on non- standard private lots surrounded by public right-of-way, and will meet the requirements of Section 24032-D of the Subdivision Regulations. The private lots need not satisfy subdivision criteria for lot size and setbacks. The street designated as Texas Drive on the preliminary plat for Phase 1 of the Project will be allowed an alternative roadway section design that will be considered during the construction plan review, and will be considered during the construction plan review, and will be subject to the approval of the Director of Community Owned Utilities. 4. The Project will include an extensive network of walking trails, bike trails and/or sidewalks. 5. The City approves the use of 6-inch diameter fire leads in dead-end conditions of less than 600 feet in length (such as cul-de-sacs). A maximum of one fire hydrant may be located on a 6-inch diameter dead-end line. 6. Water lines in dead-end conditions may be smaller than 6 inches in diameter when not required for fire protection, and in no case shall they be less than 4 inches in diameter, unless approved by the City. Fire hydrants shall not be installed on lines that are smaller than 6 inches in diameter. 7. Del Webb is authorized to create non-standard lots within the Project for open space, golf course, buffer zones, karst features, and preserve areas. Del Webb will restrict these non- standard lots from any building construction. Del Webb or its successors or assigns is responsible for maintaining these non-standard lots. These non-standard lots may be final platted prior to the final platting of the adjoining streets shown on a preliminary plat. 8. The City approves block lengths that exceed the criteria for block lengths when the block includes creeks, natural drainageways, buffer zones, open spaces, and golf courses. City (j���1 o/jff} Georgetown -Revised by City Council March 28, 2006 ii Page 1 of 9 9. The City approves h Webb's plans to preserve existing es and vegetation within medians and public rignt-of-ways, and to supplement existing plant life with the planting of additional trees and vegetation in medians and public right-of-ways. Del Webb or its successors or assigns is responsible for landscape maintenance in medians and public right- of-ways within the Project. 10. Detailed landscape and irrigation plans for certain non-residential areas shall be required prior to detailed development plan approval and are not required prior to preliminary plat approval. 11. Detailed development plans are not required for single-family residences within the Project. 12. The City may review and approve Del Webb's detailed development plans and building permits for construction yards and construction staging areas, which are considered specially permitted uses within the R-P District of the Project, provided that Del Webb shall maintain ownership of these areas until access to these areas is provided through dedicated public right-of-way and all applicable Development Regulations have been satisfied. In lieu of meeting the landscape requirements of the Development Regulations for temporary construction yards and construction staging areas, Del Webb shall provide adequate buffering, taking into account existing vegetation and distance to residential areas from adjacent land uses, as approved by the Director of Development Services. Del Webb shall secure detailed development plans and building permits as necessary for development of the construction yards and construction staging areas. Del Webb agrees that any construction yards and construction staging areas within the Project shall not remain more than two years beyond the term of this Agreement. 13. The City approves the use of flag lots within the Project. Flag lots may utilize a 10-foot wide access or a shared 20-foot wide accessway between two lots. 14. Swimming pools constructed on residential lots shall be allowed within the required rear yard setback areas so long as they are located at least three (3) feet from the property line; no privacy fence shall be required, provided that fencing (which may be wrought iron or similar type fencing) shall be required to satisfy other city requirements regarding safety. (Added by First Amendment to Development Agreement, 1-14-96, Doc. No. 9606700). City of Georgetown - Revised by City Council March 28, 2006 o �I9 E'X/yib# 0 Page 2 of 9 Applicable Re Mlations City Del Webb Subdivision 24060 Expires in 12 months Regulations Preliminary Plat Approval No expiration dates so long as 3.08.050-1 Expires in 18 months Development Agreement in UDC Preliminary Plat Approval unless phased and each effect additional phase is 12 months Subdivision 33030 (Table 33030-A) Design Median not addressed Regulations Standards for Streets for minor arterials Allow median Median not addressed UDC 12.03.020 for major collectors or lower streets Subdivision 33030-1 Arterial Street Center Line Curve 2000 min. 1200 min. with 45 m.p.h. Regulations Radius design speed * Sharper curve radii are Curves in arterial streets 12.03.020-132 shall be designed in approved for the F.M. 2338 UDC Arterial Streets accordance with the entry feature area design speed standards in AASHTO Manual Subdivision 33030-J Collector Street Center Line 600' min. Regulations Curve Radius 300' min with appropriate Curves in collector streets shall be designed speed limit designation UDC 12.03.020-133 in accordance with the Collector Street Curves design speed standards in AASHTO Manual Subdivision 33030-K 250' min. radius, except Regulations Local Street Curves for loop or partial loop streets For loop, partial loop cul-de- sac streets, minimum radius Curves in local streets shall be designed in to accommodate 30 m.p.h. UDC 12.03.020-134 accordance with the design speed Local Street Curves design speed standards in AASHTO Manual City of Georgetown - Revised by City Council March 28, 2006 00* Am aI x e a'v� gg Page 3 of 9 Applicable Reolations C- Del Webb Subdivision 33030-N Regulations Dead -End Streets Cul-de-sac 500' maximum length Length Prohibited except to permit extension of the street. Temporary turn - UDC 12.03.050-05 arounds shall be Dead -End Streets required where stub exceed one lot or 100 feet in length and signs Request for 800' to be shall be provided. reviewed for adequate fire flows and lot size No more than 200 ADT for any street longer than 200 feet UDC 12.03.020-B7 Turn-arounds shall have Cul-de-sac Length a minimum paved radius of 50 feet for single- family and two-family and use 60' for other uses Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 Requires interconnected 3. Sun City Blvd at Ronald street system to provide Reagan Blvd. for adequate access for 4. The local street designated 12.03.030 emergency as West Majestic Oak UDC Local Street Connectivity and service Lane in preliminary plat of Requirements vehicles; enhance Woodland Park West walkability by ensuring connected transportation subdivision will be routes connected to a local street within Neighborhood 51; and 5. Oak Branch Dr in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. All collector -designated 12.03.040 streets shall connect on Collector streets may UDC Collector Street Connectivity both ends to an existing terminate into local streets. Requirements or planned collector or Capacity requirements for higher -level street. collectors are met. City of Georgetown - Revised by City Council March 28, 2006 Page 4 of 9 Applicable Regulations City Del Webb UDC Table 12.03.030 Requires a connectivity Street Connectivity Computation ratio of 1.20 Waived in its entirety. Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3, Sun City Blvd at Ronald Reagan Blvd. Subdivisions of 300 lots 4. The local street 12.03.050-B3 or greater shall be designated as West UDC Required Subdivision Access required to provide four Majestic Oak Lane in Points or more access points to preliminary plat of the existing or proposed Woodland Park West public roadway system subdivision will be connected to a local street within Neighborhood 51; and 5. Oak Branch Dr.in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Provide connectivity to Reagan Blvd. other neighborhoods 4. The local street 12.03.050-C existing streets in designated as West UDC Relation to Adjoining Street adjacent or adjoining Majestic Oak Lane in Systems areas shall be continued preliminary plat of in the new development Woodland Park West in alignment therewith subdivision will be connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. 12.03.020 A 5' landscape UDC Landscape Easement Table and easement will be Will provide open space lots Diagram required along all Rights preserving trees. of Way ROW Street trees will be UDC 8.03 located in the landscape Will provide open space lots Street Trees easement planted at one preserving trees. tree for every 50 feet City of Georgetown - Revised by City Council March 28, 2006 Page 5 of 9 Applicable Regulations co Del Webb Subdivision 34020 E 10' P.U.E. for all lots 10' P.U.E. not required on Regulations Easements adjacent to public Rights minor arterial and of Way (ROW). neighborhood collector due to extra R.O.W. provided. 13.04,060 10' PUE required along Additional easements for UDC Easements all Rights of Way (ROW) electric service will be provided. Parkland is required at a Pay 1/2 of the required fees at 13.02 ratio of one acre for the time of platting and get UDC Open Space every 50 lots, fees are credit for open space, trails, currently 250 per unit and golf course for the other half of required parkland Subdivision 33030-N 200 Average Daily Trips Regulations Average Dailysac on Cul-de- (ADT) No maximum UDC 12.03.020137b 200 Average Daily Trips Permitted Cul-de-sacs (ADT) Subdivision 33030-U (Table 33030-C) Street Along arterials and Regulations Lighting Standards 320 foot spacing neighborhood collectors, placed at 320' intervals. In addition, street lights at intersections and at end of Required at all cul-de-sacs over 500' in UDC 13.07.020 intersections and at 300 length. Street Lighting Standards foot intervals Additional requested street lighting may be installed in the future at no expense to the City. Subdivision 33030-X Both sides of Arterials; Regulations Pedestrian Circulation/Sidewalks one -side of collectors Sidewalks on both sides or 8' wide sidewalks on one side for arterials and neighborhood collectors. No sidewalks required for residential Both sides of all streets, collectors or local streets. A 12.02.020 as needed to provide sidewalk along F.M. 2338 may UDC Sidewalk General Requirements access to commercial, be deferred until F.M. 2338 is employment areas, parks, widened at entry area or for greenways or streets ten (10) years from the date of approval of this Agreement by the City, whichever first occurs. Subdivision 33043 Regulations Spacing Between Driveways for 125' min on collectors Residential No limit on residential collectors 12.03.010-D5 125' min on residential Spacing Between Driveways for collectors Residential City of Georgetown - Revised by City Council March 28, 2006 Page 6 of 9 Applicable Regulations C Del Webb Subdivision 33043 Regulations Spacing Between Driveways for 300' min minor Non-residential arterials 120' on minor arterials at golf course clubhouses 12.03,020 Driveway separation UDC Spacing Between Driveways on based on posted speed o Non-residential roadway 33044 Subdivision Spacing Between Driveways and Regulations Intersections for Residential 60' min. on local streets Streets 50' min. on local streets on same side as corner 12,03.010-C Separation from the UDC Spacing Between Driveways and corner no less than 50 Intersections for Local Streets feet Subdivision 33044 Regulations Spacing Between Driveways and 75' min. on collectors 50' min. on residential Intersections collectors same side as 12,03.010-D Separation from the UDC Spacing Between Driveways and corner no less than 125 corner ea Intersections for Collector Streets feet Subdivision 33051-A Off-street parking spaces At Phase 1 clubhouses and Regulations General Design Standards/Off- located behind front sales pavilion, the City staff will Street Parking building work with Del Webb to achieve an optimum balance between Off-street parking spaces for non-residential uses the 25' front building line 6,03.040 are not allowed in the setback requirement and the UDC Non Residential Lot Dimensions front setback only the side preservation of tree and karst and rear of contiguous features. uses Subdivision 33056 1 space/buildings 5,000- Regulations Basic Off -Street Loading 19,OOOsq. ft. 1 space minimum/buildings Regulations over 5,000 sq.ft. with full food As needed and will be the UDC 9.05-C minimum size of 12 feet and beverage service. Off -Street Loading by 54 feet For parking pattern of 540-740, 22' two-way lane For parking patter on 540-740, width; 9' (8.5') parking 24' two-way lane width; Subdivision 33057 (Table 33057) space width; 21' (16.5') average 9.5' parking space Regulations Parking Facilities Design parking space length width; 20' parking space For parking patterns of length 540-900, landscaped islands not addressed For parking patterns of 540- All spaces shall be 9 feet 900, parking spaces adjacent 9.03.020 by 18 feet and drive aisles to landscaped islands may be UDC Parking Space and Parking Lot must be 26 feet one way 18' long Design drive aisle widths vary on degree of parking City of Georgetown - Revised by City Council March 28, 2006 Page 7 of 9 Applicable Regulations city Del Webb Subdivision 34010-C 1300' min. 600' min. to be considered on Regulations Block Length alongarterial plat submittal Subdivision 34020-B Depth/width ratio Regulations Lot Dimensions between 2.5 and 1.5 No lot depth/width ratio Lots facing each other Subdivision 34020-C increase width for lots Regulations Lot Orientation when side abuts rear No restriction on orientation yard Subdivision 34020-C Not permitted adjacent Regulations Double Frontage Lots to collector Permit adjacent to collector May not have frontage on two non -intersecting streets (no access to UDC 6.04.010-C local or collector streets, collectors from such lots) Double Frontage Lots unless access is taken from the street of the lower classification Subdivision Table 34020 6,000 sq, ft. min. 4,620 sq. ft. for zero lotline Regulations Lot Sizes lots, no more that 300 lots to be developed (12.0% of Table 6.02.030 remaining lots), 5,000 sq. ft. UDC Housing Type Dimensional 5,500 sq. ft. minimum for cluster lots, no more than Standards 525 lots to be developed 21.0% of remaining lots). Subdivision 34020-E Regulations Impervious cover 40% max. for each lot 75% for cluster lots; 75% for zero lotline lots*; 65% for 50% maximum up to 11.02.010 65% if impervious single family lots. (40% max. UDC Impervious Cover Limitations coverage waivers are impervious cover in overall met. This is calculated development) on a Gross Site Area 50% for cluster lots; 70% for Subdivision 34020-E Building Coverage zero lotline lots*; 40% for Regulations (maximum) o 3010 single family lots. (30 /o max. building coverage in overall development) City of Georgetown - Revised by City Council March 28, 2006 EW bJ 4 Page 8 of 9 Front Rear Corner Side Side Interior Side Sun amity proposed Lot Developmem Sun City Sun City Sub Re&s UDC Cluster** Zero Lotline** 25' 20' 10' 10' 20' 25' 5/10' 5/10' 5' 10' 5' 5' Sun City Standard" 20' 20' 20'**** 5' 5' *Zero Lotline homes (lots) are detached, single-family product aimed at a market segment seeking a smaller lot not at the sacrifice of a larger home. The homes will be oriented towards the side yard area, create unique outdoor living areas. Surrounding open space will offset the increased impervious and building coverage for individual lots. (Added by Eighth Amendment to Development Agreement, , Doc. No. .) **Neighborhoods 1 through 10 and Neighborhood 12A. For all residential properties within Neighborhoods 1 through 10 and Neighborhood 12A of Sun City Georgetown, as reflected in the final plats of such neighborhoods recorded in the Official Records of Williamson County, setback distances are to be measured to the outside face of the studs of the framed walls and any structural component, i.e. planter boxes that are constructed from the foundation up or along the face of the exterior wall surface into required front yards. **All Neighborhoods Finally Platted Subsequent to Neighborhood 12A. For residential properties within all other neighborhoods to be platted other than neighborhoods 1 through 10 and Neighborhood 12A, setback distances are to be measured in accordance with the City of Georgetown development standards in effect as of July 7, 1997, i.e. measured to the exterior face of the completed, finished wall to include stucco, brick, rock, man-made rock, wood siding and any structural component that is to be constructed from the foundation up or along the exterior wall surface. The roof overhang shall not extend more than twelve inches (12") into a required yard and ornamental features, i.e. planter boxes may be allowed up to twelve inches (12") into a required front yard as long as they are attached to the exterior wall and not an integral part of the wall starting with construction from the foundation. This measurement of setback distances should maintain consistency with the Zoning Ordinance of the City of Georgetown. (Added by Second Amendment to Development Agreement, 9123197, Doc. No. 9743888.) Air conditioning units are permitted within side lot setbacks. ***10' on street side to provide P.U.E. standards set above. (Added by Eighth Amendment to Development Agreement, , Doc. No. ) ****Note: On back-to-back corner lots only, 15' setback is allowed on secondary front setbacks. Driveways on back-to-back corner lots must take access from the 20' front yard. City of Georgetown - Revised by City Council March 28, 2006 of ('a a Page 9 of 9 EXH I BIT U, . " • LIC REVIEW FINAL PLAFU rcurel F�.e I owlQ Mal / mill V Mali METES AND BOUNDS DESCRIPTION OF PLANNED UNIT DEVELOPMENT SUN CITY GEORGETOWN, TEXAS NEIGHBORHOOD FORTY-ONE CONTAINING 36.181 ACRES (1,576,053 SQUARE FEET) FREDRICK FOY SURVEY, ABSTRACT NO. 229 WILLIAMSON COUNTY, TEXAS BEING 36.181 ACRES OF LAND SITUATED IN THE FREDRICK FOY SURVEY, ABSTRACT NO. 229, WILLIAMSON COUNTY, TEXAS AND OUT OF A CALLED 425.964 ACRES; A CALLED 125.379 ACRES CONVEYED TO DEL WEBB TEXAS, LTD. AS RECORDED IN DOCUMENT NO.S 9558177 AND 9539294 RESPECTIVELY, IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.). SAID 36.181 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE, NAD 83/93 HARK DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED SCALE FACTOR OF 1.000143965: THENCE S 21'18'08' W, 205.00 FEET TO A POINT FOR CORNER; THENCE N 68'41152" W, 201,44 FEET TO A POINT FOR CORNER; THENCE N 56'37'54' W, 60.40 FEET TO A POINT FOR CORNER; THENCE N 48429'21" W, 60.42 FEET TO A POINT FOR CORNER; THENCE N 40'36157" W, 60.42 FEET TO A POINT FOR CORNER; THENCE N 3744'33" W, 60.42 FEET TO A POINT FOR CORNER; THENCE N 28400#51" W, 60,74 FEET TO A POINT FOR CORNER; THENCE N OT47'53" W, 550.86 FEET TO A POINT FOR CORNER; THENCE N 31*08101" W, 165,24 FEET TO A POINT FOR CORNER; THENCE N 272214i' W, 553.69 FEET TO A POINT FOR CORNER; THENCE N 0718'42" W, 60.26 FEET TO A POINT FOR CORNER; THENCE N 0705'43" W, 60,00 FEET TO A POINT FOR CORNER; THENCE N 05'46'41" E, 60.00 FEET TO A POINT FOR CORNER; THENCE N 13'39105" E, 60.00 FEET TO A POINT FOR CORNER; THENCE N 21431'29' E, 60.00 FEET TO A POINT FOR CORNER; THENCE N 2T23'53' E, 60,00 FEET TO A POINT FOR CORNER; THENCE N 3716'175 E, 60,00 FEET TO A POINT FOR CORNER; THENCE N 45'08'41" E, 60,00 FEET TO A POINT FOR CORNER; THENCE N 53401'05' E, 60,00 FEET TO A POINT FOR CORNER; THENCE N 51651'36" E, 406,65 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE FOR CORNER; THENCE 181.25 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 08'14'300, A RADIUS OF 1260.00 FEET AND A CHORD WHICH BEARS S 42'15'39' E, 181.09 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE S 4822'55" E, 197.91 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 1346,69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 67'41'02", A RADIUS OF 1140.00 FEET AND A CHORD WHICH BEARS S 1732*23" E, 1269.74 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE S 21'18'08" W, 552.91 FEET TO THE POINT OF BEGINNING AND CONTAINING 36.161 ACRES OF LAND. s An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limitsof the City of Georgetown, Texas, and the annexation of certain territory consisting of 462.88 acres, more or less, in the Frederick Foy Survey, as described in Exhibit A of this Ordinance; which said territory lies adjacent to and adjoins the present boundary limit of the City of Georgetown, Texas and not being a part of any incorporated area; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met; and WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than three qualified voters in residence, thus meeting the specific criteria in the State Statute; and WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and WHEREAS, the Georgetown City Council approved a resolution granting the petition on January 10, 2006; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on January 10, 2006, and January 24, 2006; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Ordinance No. 412040"F Page 1 of 3 Annexation of Sun City Option Tract, 462.88 Acres WHEREAS, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan- Policy Plan Element: 1. Policy Statement 1.0: The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. 2. Policy Statement2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The City Council of the City of Georgetown hereby annexes: 462.88 acres, more or less, in the Frederick Foy Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 462.88 acres, more or less, in the Fredrick Foy Survey, as described in Exhibit A of this ordinance, is included in City Council District 5, as it is adjacent to Council District 5 and no other City Council Districts, Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provision of this ordinance are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Ordinance No.4 00 ' 1,? Page 2 of 3 Annexation of Sun Cihj Option Tract, 462.88 Acres Passed and Approved on First Reading on the 141" day of February, 2006. Passed and Approved on Second Reading on the 1111, day of April, 2006, to be effective on the date of the Eighth Amendment to the Development Agreement with Del E. Webb Development Company, L.P., concerning the Development of Sun City Texas, Attest: Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney The City of Georgetown By: DoiAg Smith Mayor Pro Tem t Ordinance No. C©d "Ar Page 3 of 3 Annexation of Sun Cihj Option Tract, 462.88 Acres per:. .•- 3r • :.1. • t3.�t'a' •.. i4 :• i' "a ' :a •Ism ma^ ••h•+ a • • a • • • a• • •a a:: a to :a• • • :a •a a^a a• • a BEGINNING AT A POINT LOCATED ON THE NORTHEASTERLY SIDE OF SUN CITY BOULEVARD (12D4W R.O.W) AS ASSOCIATED WITH THE FUTURE PLANNED UNIT DEMLOPMENT OF SUN CITY NEIGHBORHOOD THIRTY PUBLIC REVIEW FINAL PLAT, THENCE S 46'27'Sr W, 47.30 FEET TO A POINT FOR CORNER; THENCE S W4831' W. 1748,66 FEET TO A POINT FOR CORNER; THENCE S 114500260 E, 823,43 FEET TO A POINT FOR CORNER: THENCE S 4X15'15' E, 87.74 FEET TO A POINT FOR CORNER; THENCE S 6B'13'53' W, 2313.64 FEET TO A POINT FOR CORNER; THENCE N 21*46*070 W, 3782M FEET TO A POINT FOR CORNER; THENCE N 50'22'S7' E, 274.51 FEET TO A POINT FOR CORNER; THENCE N 71*30*400 E. 966.74 FEET TO A POINT FOR CORNER: THENCE N WZV400 E, 609.70 FEET TO A POINT FOR CORNER; THENCE N 43'03'510 E. 240,85 FEET TO A POINT FOR CORNER; THENCE N 17'32'57' E. 1074,22 FEET TO A POINT FOR CORNER: THENCE N 48'34'12' E, 616,63 FEET TO A POINT FOR CORNER: THENCE N 42'34'54' E. 230.84 FEET TO A POINT FOR CORNER; THENCE N W09'02' E. 191,74 FEET TO A POINT FOR CORNER; THENCE N 18'52'03` E. 97.56 FEET TO A POINT FOR CORNER; THENCE N 60'40'570 E. 124,39 FEET TO A POINT FOR CORNER; THENCE N 69*02340 E. 66.94 FEET TO A POINT FOR CORNER; THENCE N 08*31'40" W, 614,97 FEET TO A POINT FOR CORNER: THENCE N 81416'43' E. 1458,19 FEET M A POINT FOR CORNER: THENCE S 12'52'41" E. 101.76 FEET TO A POINT OF CURVATURE FOR CORNER: THENCE 766,02 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 33'30'14'. A RADIUS OF 1310.00 FEET AND A CHORD WHICH BEARS S 29'37'48' E. 755,16 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE S 46'22155' E, 197.91 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 945.20 FEET HANG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 4741005', A RADIUS OF 1090.00 FEET AND A CHORD WHICH BEARS S 21*326220 E, 915.87 FEET TO A POINT FOR CORNER ON SAID ARC; THENCE 207.90 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO'THE RIGHT, HAVING A CENTRAL ANGLE OF 10'08'16', A RADIUS OF 1175.00 FEET AND A CHORD WHICH BEARS S 16'14'00' W, 207,63 FEET TO A POINT OF TANGENCY FOR CORNER;' THENCE S 21*18108" W, 682.91 FEET TO A POINT FOR CORNER; THENCE S 68'41'520 E, 85.00 FEET TO A POINT FOR CORNER; THENCE S 21.18408' W. 692.90 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 1445,28 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 58'43046", A RADIUS OF 1410.00 FEET AND A CHORD WHICH BEARS S OS'03'45" E. 1382.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 46188 ACRES OF LAND, NOTE NOTE DISTANCE TABLE BEARING 1 47.30 S46-27-57W 2 87.74 543-15-15E 3 191.74 N 0-09-02E 4 97.56 NIB-52-03E 5 124.39 N60-40-57E 6 66.94 N69-02-34E 7 101.76 S12-52-41E 8 197.91 S46-22-55E 9 85.00 568-41-52E CURVE TABLE CHORD CHORD NOTE ARC LENGTH DELTA RADIUS BEARING DISTANCE 1 766.02 33-30-14 1310.00 529-37-48E 755.16 2 945.20 49-41-05 1090.00 S21-32-22E 915.87 3 207.90 10-08-16 1175.00 S16-14-OOW 207.63 4 1445.28 58-43-46 1410.00 SOB-03-45E 1382.83 ANNEXATION EXHIBIT FOR FUTURE PLAP DF SUN Oil EXHIBIT A SORES C 4 CO C EL G 86 > Q C Q W a Yg, 3r;n O Q QE o U e'cTNi -WwQ N OLPLLL _ _� C 8 IIIP, yJ m u^ , f G ry C ♦v X Ao w w to ii ii a LL. o> C ra p U u F- U ti u I{ b (J I ^$`mm..J / •l �� t J b. 3 4 3•. X •Mty' �4+',ry'' �• �Yza7`F,•- s3 e '+..:..y. 3 ss s "'z r"3 mw,» " e 3 .t ♦� v r T r � � fi'A�ak r � �. � 1a � �^r- sx y 1 �♦f �i r a- r >t P .n♦♦ t -`- * ,, r .,,�yy ai � ,Yc *+..F. � � t t .�./ N, Yt� TM! VaR : 'je ' } '1 N£v4� r 1.. '-ti• �'4Ft "t°. d{`- ' ''w.,a -.^six � _x ` o- tx yt7 .4 ., b ,�� ••,,, .tl � �r h� "} i k l 5`^ < £ § c a� ��� H}i•••,,.s rn a� ux � ! n 5 ♦ s q{1w ' 5s}ra�<f"m°F•t''�a Sx r•,77E,.x,tR TAW ti IN � *r it .�.x ads yq. ' v reX Z to w £O r-- .w- hi Y ♦ y/ N�� F'L Ld� R•ry t k p� P i ♦ 3. � � � � �♦ia�.♦��+ � � 9 „i♦ 1>J+'Sx r i"` x., Alm xT b �a'"�. t...l. �q, �s `e 1 �,1 -r �Z Y �. p,. vr" � ,• ,v a t�r tY Y S r y h t �� .,. ♦ � =�a't �'r•�v;�";>f ?tsa .rn'��X�♦��LaL wyk}'yFt.� nu. sL'�% ♦�sari?"��'f 37 9'! • ILL S°gpk°�='if $ttN^ LzvSiatll,y ifTr �iE;,jr'"3. x a.w1 S� yF�yY w>Fz��1s\. F ^4. -•N�*..e.i'�eK' F Ra` & xF L,�ai9pt;) y,j i' t x e rLI �..I Ism I .h w LIS a r c S n• z*iS ny a + t y 5 {� t�Li I. z 3 t 91 i19, o Ir IV �j f a 0 J i~ y I I I 77 .a� -0 > IV* • gj � IV 9 91 y r _J ti , EXHIBIT 3 I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: SUN CITY OPTION TRACT COUNCIL DISTRICT NO. 5 DATE: APRIL 11, 2006 Del Webb Texas Limited Partnership, as successor in interest to Del E. Webb Development Co., L.P. ("Del Webb"), and the City are parties to that certain Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., LLP dated February 14, 1995, and amended by the First Amendment to Development Agreement dated December 12, 1995, Second Amendment to Development Agreement dated September 23, 1997, Third Amendment to Development Agreement dated November 10, 1998, Fourth Amendment Development Agreement dated May 24, 2000, Sixth Amendment to Development Agreement dated February 27, 2001; Seventh Amendment to Development Agreement dated June 1, 2003; and Eighth Amendment approved by the Georgetown City Council on March 28, 2006 (collectively, the "Development Agreement"). This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code ("LGC"). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which has sometimes been referred to as "Sun City Option Tract". 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 January 10, 2006 and January 24, 2006, in accordance with Section 43.056(j) of the LGC. This service plan has been prepared in accordance with Section 43.056 of the Texas Local Government Code, NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As is stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner when the City and the landowners agree in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. The Development Agreement shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and the Development Agreement, the Development Agreement shall control. Annexation Service Plan Area: Sun City Option Tract Page 1 of I 1 II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide full municipal services (defined in the LGC as being those provided by the City within its full service boundaries, including water and wastewater and excluding gas or electrical services) in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available as provided in the Development Agreement. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City extends municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. Annexation Service Plan Area: Sun City Option Tract Page 2 of I I V. SERVICES TO BE PROVIDED UPON ANNEXATION (IF CONSISTENT WITH THE DEVELOPMENT AGREEMENT) 1. Police Protection —Upon annexation and after development of the area, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services = Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. The Development Agreement addresses additional conditions relating to the provision of fire and emergency medical services to the area. 3. Solid Waste Collection — Upon annexation, beginning with the occupancy of structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility — City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01 020 of the UDC, 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. 5. Operation and Maintenance of Streets, Roads, and Street Lighting — The City will provide preventative maintenance of the existing streets and roads in the annexed area over which it has jurisdiction through such maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; Annexation Service Plan Area: Sun City Option Tract Page 3 of 11 and other routine repair. 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. 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 Plan Area: Sun City Option Tract Page 4 of 11 10. Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations — The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI SERVICES TO BE PROVIDED IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT 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 and consistently with the Development Agreement. 2. Water and Wastewater Services in General — Water and wastewater services will be provided in accordance with the Development Agreement, 3. 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 Development Agreement, the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Impact Fee Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program; any approved Traffic Impact Analyses, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in Annexation Service Plan Area: Sun City Option Tract Page 5 of 11 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. 4. Capital Improvements for Other Municipal Services - Except as otherwise provided in the Development Agreement, 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. VII. FORCE MAjEURE AND SCHEDULE EXTENSIONS A. 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 of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event, B. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent Annexation Service Plan Area: Sun City Option Tract Page 6 of 11 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 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. Portions of Chapter 13 of the UDC are summarized below: 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 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 Annexation Service Plan Area: Sun City Option Tract Page 7 of 11 the subdivision, but in no case less than one-half mile away, and connection to the system is both possible and permissible, 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 no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. No connection shall be required for subdivisions located more than 'l2-mile from a main or outfall line. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality, E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be Annexation Service Plan Area: Sun City Option Tract Page 8 of 11 approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property — the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic system. If the septic system fails before City wastewater service is extended to the property, then the property owner must either repair the septic system or pay to connect to the City service as it may then exist. 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. Section 13.10.010 of the City Code of Ordinances provides as follows: City Code Sec.13.10.010. Policy established. This policy shall apply to improvements to the City's utility systems, which encompass both existing system upgrades and system expansion for treatment plant capacity, utility line networks and appurtenances. It is established as the official policy of the City that all utility system improvements shall be planned, designed, constructed, operated and maintained such that: A. Upgrades of existing infrastructure and system extensions in close proximity to existing utility networks shall be preferred to excessive line extensions and expansion of the system outside the established and approved utility service area. B. Priority shall be assigned to projects which provide the greatest benefit as measured by the size in acres of the land to be served and the level of capacity to be provided. C. System improvements which promote the retention and/or creation of long-term jobs shall receive greater emphasis over Annexation Service Plan Area: Sun City Option Tract Page 9 of 11 projects which produce only temporary or no lasting employment results. D. Improvement programs which support and complement the City's adopted economic and industrial development objectives shall receive preference. E. Projects which increase property values and retail sales are preferred. F. Project capacity should be able to accommodate projected demand for a ten-year period. G. Improvements that will achieve shorter build -out times and will I satisfy higher levels of projected ultimate demand capacity are favored. H. Infrastructure programs designed to simplify construction, operation and maintenance are preferred. I. There exists the potential for the City to recapture 100 percent of all nonreimbursed City expenditures. J. Participation by owners of benefiting property is strongly encouraged. K. L. Annexation Service Plan Page 10 of 11 Incentive for up -front participation: 1. Enter into contract; 2. Guarantee capacity availability for ten years: a. Interest free for first three years, b. Interest at T-Bill rate for remaining seven years, 3. If option not exercised in ten-year period, guarantee for capacity expires, 4. Option assignable if all/part of property sold during life of agreement, 5. Prepayment applied to 100 percent of cost of first units used. Terms for obtaining capacity: 1. At time of connection, full payment for units of capacity requested computed on design capacity plus carrying costs Area: Sun City Option Tract calculated from date of award of contract for construction of initial project. (This is for nonguaranteed capacity and assumes capacity is available.) At time capacity is desired may obtain guaranteed capacity by paying in the same manner as for a connection but must provide City with one-year notice of intent to connect to system. 2. All payments based upon units of capacity; 3. All necessary easements are donated and only facilitate the ability to connect to system but do not convey any right or privilege to hook on to system (water system will provide fire protection and lower fire insurance rates.) M. Water line improvements shall be designed and constructed to satisfy domestic/industrial demands and fire flow requirements as forecast in the City's Comprehensive Plan, N. System improvements will begin when existing line demand equals 70 percent of design capacity or committed capacity plus existing demand equals 90 percent of design capacity. O. All design and implementation of utility improvements shall be in accordance with the City's adopted Comprehensive Plan. This policy is set by the City Council and can be amended in the future by ordinance. Annexation Service Plan Area: Sun City Option Tract Page 11 of 11 Ordinance No. 00 (V " 17 An Ordinance of the City Council of the City of Georgetown, Texas, Amending Ordinance No. 2005-95 to Remove Section 5 of Ordinance No. 2005-95 Relating to the Annexation of Approximately 59 Acres (+/-) of Land Owned by Milton G. and Elizabeth Liese out of the D. Wright Survey, Abstract No. 13; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date Whereas, on February 14, 2006, the City Council of the City of Georgetown, Texas voted to reconsider a matter relating to the passage of Ordinance No. 2005-95 (passed on December 23, 2005), and to remove Section 5 of that ordinance, and Whereas, Section 5 of Ordinance No. 2005-95 provided as follows: Section 5: In consideration for the City Council's agreement not to annex at this time the entire 95 acre tract of land owned by Milton G. Leise out of the D. Wright Survey as originally proposed at the two public hearings and the first reading of this ordinance, but only to annex approximately 36 acres of said land consisting of a 1,001 foot wide strip, Milton G and Betty Leise have agreed to enter into an agreement with the City whereby if and when they or any of their heirs, assigns, or subsequent owners of the remaining 59 +/- acres develop said land, the owner of the land will simultaneously submit a voluntary petition for annexation into the City of Georgetown's corporate limits for the said 59 +/- acres. Whereas, no such agreement as was contemplated in Section 5 has been approved by either the Liese's or the City Council. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan- Policy Plan Element: A. Policy Statement 1.0: The community enjoys the benefits of well planned land use in which conflicting needs are balanced. B. Policy Statement2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Amendment of Ordinance No. 2005-95 Ordinance No. c 004 �/ 7 Page 1 of 2 SECTION 2: Ordinance No. 2005-95 is hereby amended to remove Section 5 (in its entirety) from Ordinance No. 2005-95. Except for the removal of Section 5, no other changes are made to Ordinance No. 2005-95 and all other sections and provisions of Ordinance No. 2005-95 are intended to and shall remain in full force and effect. SECTION 3: Except with regard to the removal of Section 5 of Ordinance No. 2005-95, this Ordinance shall not operate to repeal or affect any other provision of Ordinance No. 2005-95, or any other ordinances, except insofar as the other provisions might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby superseded SECTION 4. If any provision of this Ordinance or application thereof to any annexations, person or circumstance, shall be held invalid, such invalidity shall not affect the other annexations, provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the day of February, 2006. Passed and Approved on Second Reading on the day of March, 2006. Attest, ,f1 Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls, City Attorney City Georgetown: : Giry Nelon Amendment of Ordinance No. 2005-95 Ordinance No. 4 00 (s % 7 Page 2 of 2 Ordinance No. 0040� I An Ordinance of the City Council of the City of Georgetown, Texas, Terminating the Declaration of Disaster Resulting from the Threat of Wildfires Due to Drought and Other Weather Related Conditions; Finding that an Emergency Exists Authorizing Approval of this Ordinance at One Reading;, Providing a Severability Clause; and Providing Effective Dates. WHEREAS, on January 24, 2006, the City Council of the City of Georgetown, Texas, pursuant to the Texas Government Code, Chapter 418, (the "Texas Disaster Act") passed Ordinance No. 2006-03 declaring a local state of disaster for the City of Georgetown, Texas resulting from the threat of wildfires due to drought and other extreme weather conditions; and WHEREAS, the conditions necessitating the proclamation of a local state of disaster have ceased to exist; and WHEREAS, Section 2 of Ordinance No. 2006-03 provides that the state of disaster proclaimed for the City of Georgetown, Texas shall continue until terminated by order of the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS: 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 Policy Statements of the Century Plan - Policy Plan Element: A. Policy Statement 7.0 — Citizens of Georgetown are well -protected fioom crime and disorder, natural disasters, and emergencies. B. Policy Statement 12.0 — The City provides for the safety o its citizens and supports the responsive delivery of coordinated services by the City and other public agencies. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Ordinance No. ACM " Termination of Declaration of Emergency Due to Threat of Wild Fires Pagel of 3 Section 2, The City Council, as the governing body of Georgetown, Texas hereby terminates the proclamation of a local state of disaster declared in Ordinance No. 2006-03. Section 3. Section 2.10 of the City Charter provides that the requirement for reading of an ordinance on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted by favorable vote of not less that a majority plus one of all Council members qualified and serving, and contains a statement of the emergency. The City Council hereby finds that the cessation of the threat of fire as described in this Ordinance constitutes an emergency and that it is necessary to pass this Ordinance as an emergency measure in order to restore and preserve the public peace, health, safety or welfare. Section 4: The provisions of Ordinance No. 2006-03 that are in conflict with this Ordinance are hereby superceded by the terms of this Ordinance. Section 5. The meeting at which this Ordinance is adopted was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code, as amended. Passage of this Ordinance was approved by the favorable vote of at least a majority plus one of the City Council members. Section 6. The Mayor is authorized to sign this Ordinance and the City Secretary is hereby authorized to attest. Section 7. This Ordinance is passed as an emergency measure and shall become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED, this the 2811, day of February, 2006 Attest: r Sandra D. Lee City Secretary The C ly of Georgetown: Mayor Ordinance No. WO(-1(4 Termination of Declaration of Emergency Due to Threat of Wild Fires Page 2 of 3 elon Approved as to form: Patricia E. Carls City Attorney Ordinance No. c2 f,. _ I& Termination of Declaration of Emergency Due to Threat of Wild Fires Page 3 of 3 Ordinance No. 15 An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 13.95 acres, more or less, in the Lewis J. Dyches Survey, as described in Exhibit A of this Ordinance; which said territory lies adjacent to and adjoins the present boundary limit of the City of Georgetown, Texas and not being a part of any incorporated area; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. WHEREAS, the City Council of.the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met; and WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than three qualified voters in residence, thus meeting the specific criteria in the State Statute; and WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and WHEREAS, the Georgetown City Council approved a resolution granting the petition on December 13, 2005; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on January 10, 2006 and January 24, 2006; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and WHEREAS, all prerequisites of state law and the City Charter have been complied with; Ordinance No. a O0&-? 15 Page 1 of 3 Annexation of Pleasant Valley Section 2, 13.95 Acres Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan- Policy Plan Element: 1. Policy Statement 1.0: The community enjoys the benefits of well -planned land use in which conflicting needs are balarred. 2. Policy Statement2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The City Council of the City of Georgetown hereby annexes: 13.95 acres, more or less, in the Lewis J. Dyches Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 13.95 acres, more or less, in the Lewis J. Dyches Survey, as described in Exhibit A of this ordinance, is included in City Council District 1, as it is adjacent to Council District 1 and no other City Council Districts, Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 1411, day of February, 2006. Passed and Approved on Second Reading on the _ day of 12005. Ordinance No. 0?00& -/57 Page 2 of 3 Annexation of Pleasant Valleit Section 2, 13.95 Acres Attest: Sandra D. Lee City Secretary Approved as to form: a Patricia E. Carls City Attorney The City of Georgetown Mayor Ordinance No. � ��� » � Page 3 of 3 Annexation of Pleasant Valley Section 2, 13.95 Acres PLEASANT VALLEY, SECTION TWO - PERIMETER DESCRIPTION BEING 13.95 acres of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, in Williamson :ounty, Texas, said land being that certain Tract 1, called 11.85 acres and that certain Tract 2, (Lots 6 and 7 of Georgetown South, Phase One, a subdivision of record in Cabinet C, Slides 115, of the Plat Records of Williamson County, Texas), as conveyed to Sentry Development, Inc., by deed recorded as Document No. 2005058305 of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Patrick J. Stevens, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found marking the Northeast corner of the above -referenced Tract 2, being the Northeast corner of the above -referenced Lot 6 of Georgetown South, Phase One, being the Northwest corner of Lot 5 of the said Georgetown South, Phase One, and the Southeast comer of Lot 5, Block J, of Pleasant Valley, a subdivision of record in Cabinet I, Slides 32-33, of the Plat Records of Williamson County, Texas, being the Southwest comer of Lot 6, Block J of the said Pleasant Valley, for the Northeast corner hereof; from said point the Southeast comer of the Lewis J. Dyches Survey, Abstract No. 180, bears approximately S 310 53' E, 4855 feet, more or less; THENCE, S 210 29' E, 277.50 feet to an iron pin found on the north line of Georgetown View Lane, a street as shown on the said plat of Georgetown South, Phase One, (not built), marking the Southeast corner of the said Tract 2, being the Southeast comer of the said Lot 6, of Georgetown South, Phase One, and the Southwest comer of the said Lot 5, of Georgetown South, Phase One, for the most easterly Southeast corner hereof THENCE, along the said north line of Georgetown View Lane, (not built), S 680 47' 15" W, at 156.58 feet pass an iron pin set for the Southwest corner of the said Lot 6 of Georgetown South, Phase One, being the Southeast corner of the above -referenced Lot 7 of the Georgetown South, Phase One, for a total distance of 328.50 feet, in all, to an iron pin found on the west line of the above -referenced Tract 1, marking the Southwest corner of the said Tract 2, being the Southwest comer of the said Lot 7 of Georgetown South, Phase One, for an interior comer•hereof-, THENCE, S 210 23' 15" E, 50.04 feet to an iron pin found on the south line of Georgetown View Lane, marking the Northwest comer of Lot 5 of the said Georgetown South, Phase One, and S 21 ° 30" E, 263.06 feet to an iron pin found on the north line of Lot 5, Block C, of Rabbit Hollow, a subdivision of record in Cabinet D, Slides 205-206, of the Plat Records of Williamson County, Texas, marking the Southeast corner of the said Tract 1 and the Southwest comer of the said Lot 5 of Georgetown South, Phase One, for the most southerly Southeast comer hereof; THENCE, along the south line of the said Tract 1, S 68' 36' 30" W, at 145.28 feet, pass an iron pin set for the Northwest comer of the said Lot 5, Block C, of Rabbit Hollow, being the Northeast comer of Lot 6, Block C, of the said Rabbit Hollow, for a total distance of 333.36 feet, in all, to an iron pin found marking the Northwest comer of the said Lot 6, Block C, of Rabbit Hollow, being the Northeast comer of Rabbit Run, a street as shown on the said plat of Rabbit Hollow, (not built); S 680 39' 45" W, 49.88 feet to an iron pin found marking the Northwest corner of the said Rabbit Run, being the Northeast comer of Lot 1, Block G, of the said Rabbit Hollow; S 680 41' 15" W, 247.59 feet to an iron pin found marking the Northwest comer of the said Lot 1, Block G, of Rabbit Hollow, being the Northeast comer of Lot 2, Block G, of the said Rabbit Hollow; and S 680 36' 45" W, 244.44 feet to an iron pin found marking the Southwest comer of the said Tract 1, being the Northwest comer of the said Lot 2, Block G, of Rabbit Hollow; the Northeast corner Lot 3, Block G, of the said Rabbit Hollow and the Southeast comer of Lot 5A of Rabbit Hollow (Amended), a subdivision of record in.Cabinet E, Slide 33-35, of the Plat Records of Williamson County, Texas, for the Southwest corner hereof; THENCE, along the west line of the said Tract 1, N 210 14' 30" W, at 119.89 feet pass an iron pin set for the Northeast comer of the said Lot 5A of Rabbit Hollow (Amended), being the Southeast comer of Lot 5B of the said Rabbit Hollow (Amended), at 239.44 feet pass an iron pin set for the Northeast comer of the said Lot 5B of Rabbit Hollow (Amended), being the Southeast comer of Lot 6A, of the said Rabbit Hollow (Amended), for a total distance of 358.65 feet, in all, to an iron pin found marking the Northeast comer of the said Lot 6A, of Rabbit Hallow (Amended), being the Southeast corner of Lot 68 of the said Rabbit Hollow (Amended); N 21 ° 11' 45" W. 118.59 feet to an iron pin found marking the Northeast comer of the said Lot 6B of Rabbit Hollow (Amended), being the Southeast comer of Lot 7A of the said Rabbit Hollow (Amended) and N 210 18, 15" W, 114.20 feet to an iron pin found on the south line of that certain tract of land, called 124 acres, as conveyed to Ben G. Hartman and Myrtle Hartman by deed as recorded in Volume 385, Page 497, of the Deed Records of Williamson County, Texas, for the Northwest corner of the said Tract 1, for the Northwest corner hereof; THENCE, along the north line of the said Tract 1, being the south line of the said Hartman tract, N 680 40' 45" E, 301.03 feet to an iron pin found marking the Southwest corner of Lot 1, Block K, of the said Pleasant Valley, from said point an iron pin found bears S 590 30' W, 0.29 of a foot; N 680 41' 30" E, 79.79 feet to an iron pin found marking the Southeast corner of the said Lot 1, Block K, of Pleasant Valley, being the Southwest corner of Lot 2, Block K, of the said Pleasant Valley; N 68° 46' 30" E, 79.91 feet to an iron pin found marking the Southeast corner of the said Lot 2, Block K, of Pleasant Valley, being the Southwest corner of Lot 3, Block K, of the said Pleasant Valley; N 68' 51' 15" E, 80.85 feet to an iron pin found marking the Southeast corner of the said Lot 3, Block K, of Pleasant Valley, being the Southwest comer of Lot 4, Block K, of the said Pleasant Valley; N 680 37' 45" E, 80.12 feet to an iron pin found marking the Southeast corner of the said Lot 4, Block K, of Pleasant Valley, being the Southwest comer of Ws , Lot 5, Block K, of the said Pleasant Valley, N 680 21' E, 88.84 feet to an iron pin found marking the Southeast corner of the said Lot 5, Block K, of Pleasant Valley, being the Southwest comer of Sunrise Lane, a street as shown on the said plat of Pleasant Valley; N 690 17' 15" E, 50.43 feet to an iron pin round marking the Southeast corner of the said Sunrise Lane, being the Southwest comer of Lot 1, Block J, of the said Pleasant Valley; N 680 42' 15" E, 89.65 feet to an iron pin found marking the Southeast corner of the said Lot 1 Block J, of Pleasant Valley, being the Southwest comer of Lot 2, Block J, of the said Pleasant Valley, N 690 23' 30" E, 21.93 feet to an iron pin found marking the Northeast comer of the said Tract 1 and the Northwest comer of the said Tract 2, being the Northwest corner of the said Lot 7 of Georgetown South, Phase One, continuing along the north line of the said Lot 7 of Georgetown South, Phase One, N 680 45' 45" E, 58.12 feet to an iron pin found marking the Southeast comer of the said Lot 2, Block J of Pleasant Valley, being the Southwest comer of Lot 3, Block J, of the said Pleasant Valley, N 680 27' E, 92.77 feet to an iron pin found marking the Southeast comer of the said Lot 31 Block J, of Pleasant Valley, being the Southwest corner of Lot 4, Block J, of the said Pleasant Valley, N 69' 00' 15" E, at 21.17 feet pass the Northeast corner of the said Lot 7 of Georgetown South, Phase One, being the Northwest comer of the said Lot 6 of Georgetown South, Phase One, for a total distance of 88.00 feet, in all, to an iron pin found marking the Southeast corner of the said Lot 4, Block J, of Pleasant Valley, being the Southwest corner of the said Lot 5, Block J of Pleasant Valley and N 68' 37' 30" E, 89.88 feet to the Place of BEGINNING and containing 13.95 acres of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ? 1, Patrick J. Stevens, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, to the best of my knowledge and belief. To certify which, witness y hand and seal at Georgetown, Williamson County, Texas, this the day of 12005, A.D. _Patrick J. SteveIt Registered Profes ion Land Su eyor, No. 5784Stat Texas H:iDOCS%FN120698-pedmete r-certified. doc Page 2 of 2 OlZbo 4goC)(O- I S' Pxhibi• A) P6L e Exhibit B Annexation Request 13.95 Acres, Pleasant Valley Section Two ! is F t f' r 't'ANA _ - + Ti I� cn 7 i J� > 'Sl 11� § - WSTS 1 Y Y , r . \ Pleasant y o cn 1 Y/f t r -M1 i t Y 1, City of Georgetown Planning and DevelopmentS ervices Division: DraftC artographic Data for Planning Purposes Only Legend November 30, 2005 ETJ Boundary !: Parcels i 0 1,250 2,500 5.000 Feet City Limits j i 0&V- ,.200(0-1.5 exh1b14 13 CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: PLEASANT VALLEY SECTION TWO COUNCIL DISTRICT No. 1 DATE: FEBRUARY 28, 2006 L INTRODUCTION This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code ("LGC"). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which is referred to as "Pleasant Valley Section Two". 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 January 10, 2006 and January 24, 2006, in accordance with Section 43.0560) of the LGC. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. IIL INTENT It is the intent of the City that municipal services under this Plan shall provide full municipal services (defined in the LGC as being those provided by the City within its full service boundaries, including water and wastewater and excluding gas or electrical services) in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2'/2 years fi-om the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4'tz years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. OR D, oi0061.5 Annexation Service Plan Page 1 of 10 Area: 13.95 acres. Pleasant Valley, Section Two For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City extends municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection —Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services— Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection — Upon annexation, beginning with the occupancy of structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility — City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01 020 of the UDC, 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 OkID. zzo>t0-E5 Annexation Service Plan Page 2 of 10 Area: 13.95 acres. Pleasant Valley, Section Two 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. 5. Operation and Maintenance of Streets, Roads, and Street Lighting — The City will provide preventative maintenance of the existing streets and roads in the annexed area over which it has jurisdiction through such maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. 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. b. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon amlexation, 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. 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 amlexation, 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 0AC). ;.0 O6( 15 Annexation Service Plan Page 3 of 10 Area:13.95 acres. Pleasant Valley, Section Two the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 1 1. 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 Businesst;s; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations — The provisions of Chapter S of the City Code of Ordinance relating to health and safety regulations (Fire Pre.Vention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPRON/Ft TENTS PROGRAM 1. In General — The, City will initiate the construction of capital improvements necessary for providing municipal services for the armexation area as necessary for services that are pro- ided directly by the City. 2. Water and Wastewater Services in General — Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Tlie City shall have no obligation to extend water or wastetivater service to any part of the annexed area that, is within the service area of aniothef 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 thai: the property owner or developer of a newly developed tract to install water and wasu Water lines. The extension of water and sev, er services will be provided irz accordance with the policies summarized in Section X of this Plan and with any applicable construction and desivn standards inanuals adopted by the City. CAD* aco(a- 15 Annexation Seiwice Plan Area: 13.95 acres. Pleasant Valley, Section Two Pare 4 of 10 - 3. Water and Wastewater Services in General — Water and wastewater services will be provided in accordance with the Sun City Development Agreement. 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 Impact Fee Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ,ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS A. 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 of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. B. 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 cp.cl. aoc)(o-!.5 Annexation Service Plan Page 5 of 10 Area: 13.95 acres. Pleasant Valley, Section Two 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 mamler 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 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. Portions of Chapter 13 of the UDC are summarized below: 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 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"). p ig. ADD&-15 Annexation Service Plan Area: 13.95 acres. Pleasant Valley, Section Two Page 6 of 10 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-half mile away, and connection to the system is both possible and permissible, 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 detennined 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 no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. No connection shall be required for subdivisions located more than %2-mile from a main or outfall line. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property — the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be QRi). <�ZOO(P-15 Annexation Service Plan Area: 13.95 acres. Pleasant Valley, Section Two Paae 7 of 10 approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property — the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic. system. If the septic system fails before City wastewater service is extended to the property, then the property owner must either repair the septic system or pay to connect to the City service as it may then exist. 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. Section 13.10.010 of the City Code of Ordinances provides as follows: City Code Sec. 13.10.010. Policy established. This policy shall apply to improvements to the City's utility systems, which encompass both existing system upgrades and system expansion for treatment plant capacity, utility line networks and appurtenances. It is established as the official policy of the City that all utility system improvements shall be planned, designed, constructed, operated and maintained such that: A. Upgrades of existing infrastructure and system extensions in close proximity to existing utility networks shall be preferred to excessive line extensions and expansion of the system outside the established and approved utility service area. B. Priority shall be assigned to projects which provide the greatest. benefit as measured by the size in acres of the land to be served and the level of capacity to be provided. C. System improvements which promote the retention and/or creation of long-term jobs shall receive greater emphasis over projects which produce only temporary or no lasting employment results. C RD * c;= ts3 - Js Annexation Service Plan Area: 13.95 acres. Pleasant Valley, Section Two Page 8 of 10 D. Improvement programs which support and complement the City's adopted economic and industrial development objectives shall receive preference. E. Projects which increase property values and retail sales are preferred. F. Project capacity should be able to accommodate projected demand for a ten-year period. G. Improvements that will achieve shorter build -out times and will initially satisfy higher levels of projected ultimate demand capacity are favored. H. Infrastructure programs designed to simplify construction, operation and maintenance are preferred. I. There exists the potential for the City to recapture 100 percent of all nonreimbursed City expenditures. J. Participation by owners of benefiting property is strongly encouraged. K. Incentive for up -front participation: 1. Enter into contract; 2. Guarantee capacity availability for ten years: a. Interest free for first three years, b. Interest at T-Bill rate for remaining seven years, 3. If option not exercised in ten-year period, guarantee for capacity expires, 4. Option assignable if all/part of property sold during life of agreement, 5. Prepayment applied to 100 percent of cost of first units used. L. Terms for obtaining capacity: 1. At time of connection, full payment for units of capacity requested computed on design capacity plus carrying costs calculated from date of award of contract for construction of initial project. (This is for nonguaranteed capacity and assumes capacity is available.) Annexation Service Plan Area: 13.95 acres. Pleasant Valley, Section Two Paae 9 of 10 At time capacity is desired may obtain guaranteed capacity by paying in the same manner as for a connection but must provide City with one-year notice of intent to connect to system. I All payments based upon units of capacity; 3. .All necessary easements are donated and only facilitate the ability to connect to system but do not convey any right or privilege to hook on to system (water system will provide fire protection and lower fire insurance rates.) M. Water line improvements shall be designed and constructed to satisfy domestic/industrial demands and fire flow requirements as forecast in the City's Comprehensive Plan. N. System improvements will begin when existing line demand equals 70 percent of design capacity or committed capacity plus existing demand equals 90 percent of design capacity. O. All design and implementation of utility improvements shall be in accordance with the City's adopted Comprehensive Plan. This policy is set by the City Council and can be amended in the future by ordinance. OKD . ;=40-15 Annexation Service Plan Pa<ue 10 of 10 Area: 13.95 acres. Pleasant Valley, Section Two ORDINANCE NO. Do 0 � t 4 An Ordinance Of The City Council Of The City Of Georgetown, Texas Amending Chapter 15.40 "Dangerous Buildings" In The City of Georgetown Code Of Ordinances, Section 15.40.045 Relating To The Notice Of A Public Hearing; Repealing Conflicting Ordinances And Resolutions; Including A Severability Clause; Including A Penalty Clause; And Establishing An Effective Date. WHEREAS, it is the desire of the City Council of Georgetown, Texas to amend Section 15.40.045 in the Code of Ordinances requiring a notice of a public hearing to notify property owner(s) when the City's Building Official seeks a public hearing before the Building Standards Commission regarding a dangerous building located within the City of Georgetown, as set forth herein; and WHEREAS, the City Council of Georgetown, Texas has determined that the amendments to Section 15.40.045 are required to comply with state statutes and appropriately notify property owner(s) of possible actions by the Building Standards Commission, including a determination to remove or demolish a dangerous building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS, THAT: SECTION 1.. The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statements - Goals and Strategies: I.0 Policy Statenient: "The conin-tt.tnity enjoys the benefits of well -planned land use in which conflicting needs are balanced." Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other Century Plan Policy Statements, SECTION 2: Title 15, Chapter 15.40 "Dangerous Buildings," Section 15.40.045 relating to providing notice of a public hearing before the Building Standards Commission to the owner of record, lienholder, mortgagee and any unknown owner of the affected property is hereby amended as follows: M,r 6 1I►1 City of Georgetown Code of Ordinances Amendment to Chapter 15, Section 15.40 Page 1 of 3 Sec. 15.40.045, Notice of hearing. A. Notice of the public hearing required under Section 15.40.040 shall be sent to the owner of record, lienholder and mortgagee of the affected property. The notice shall be served at least ten calendar days prior to the hearing date. The notice may be served personally or by certified mail, return receipt requested. The executed return receipt shall be prima facie evidence of service. If the owner of record, lienholder or mortgagee of the building cannot be identified, the City shall make a diligent effort, use its best efforts, or make a reasonable effort to determine the identity and address of an owner, a lienholder or mortgagee. If a notice is mailed according to this subsection and the United. States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice shall be deemed to be delivered. B. The City must post a notice of the public hearing on the front door of each improvement situated on the affected property or as close to the front door as practicable on or before the 1011, day before the date fixed for the public hearing. C. The City must publish a notice of the public hearing in a newspaper of general circulation in the municipality on one occasion on or before the 101" day before the date fixed for the public hearing. D. The City may file a notice of the hearinng in the Official Public Records of Real Property for Williamson County, E. The filing of the notice of hearing in the Official Public Records of Real Property for Williamson County is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. SECTION 3: All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 4: If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 5: The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. DKDa camcp � 1 City of Georgetown Code of Ordinances Annendrnent to Chapter 15, Section 15.40 Page 2 of 3 PASSED AND APPROVED on First Reading on the C day of A 2006, PASSED AND APPROVED on Second Reading on the day of 2006, ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: 1� G Patricia E. Carls City Attorney City of Georgetown Corte of'Ordinances Amendment to Chapter 15, Section 15.40 Page 3 of 3 THE CITY OF GEORGETOWN: Mayor