HomeMy WebLinkAboutORD 2006-57 - ANX Wolf Ranch PkwyAn 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 5.772 acres of Right of Way, more or
less, in the Joseph P. Pulsifer 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
May 9; 2006 and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on May 9, 2006 and May 23, 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. CWO(0r57Pagel of 3
Annexation of Wolf Ranch Road ROW
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 Statement 2.0: 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 far 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: 5.772 acres of Right
of Way, more or less, in the Joseph P. Pulsifer 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 5.772 acres of Right of Way, more
or less, in the
Joseph P.
Pulsifer Survey, as
described in Exhibit A of this ordinance, is included in
City Council
District 2,
as it is adjacent to
Council District 2 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.
Ordinance No. A00 �s 7Page 2 of 3
Annexation of Wolf Ranch Road ROW
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 13th day of June, 2006.
Passed and Approved on Second Reading on the glay of . 2006.
Attest:
rf
Sandra D. Lee
City Secretary
Approved as to form:
icia E. Carls
City Attorney
The City of Georgetown:
Mayor
Ordinance No. C .. Page 3 of 3
Annexation of Wolf Ranch Road ROIN
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: WOLF RANCH PARKWAY RIGHT OF WAY
COUNCIL DISTRICT NO. 2
DATE: JUNE 27, 2006
I. 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 "Wolf Ranch Parkway Right of Way". 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 May 9, 2006 and May 23, 2006, in accordance with
Section 43.056(j) of the LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. 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 21h years from the effective date of the annexation; and
(3) those services for which capital improvements are needed and which will be available
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
within 4'/2 years from the effective date of the annexation based upon a schedule for
construction of such improvements as set forth herein.
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
p fl, a0VtPa57
Annexation Service Plan Area: 5.772 acres. Wolf Ranch Parkway Right of Way
Page 2 of 10
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; 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.
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
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.
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 WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General - The City will initiate the construction of capital improvements
necessary for providing municipal services for the annexation area as necessary for
services that are provided directly by the City.
2. Water and Wastewater Services 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. The City shall have no obligation to extend water or
wastewater service to any part of the annexed area that is within the service area of
another water or wastewater utility. For annexed areas located within the City's
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
authorized service areas, the City shall, subject to the terms and conditions of this
Plan, extend water and wastewater service in accordance with the service extension
ordinances, policies, and standards that are summarized in Section X of this Plan,
which may require that the property owner or developer of a newly developed tract
to install water and wastewater lines. The extension of water and seweir services will
be provided in accordance with the policies summarized in Section X of this Plan and
with any applicable construction and design standards manuals adopted by the City.
3. Water and Wastewater 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.
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
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 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:
W GO
Page 6 of !
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
L 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 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 r/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
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
systems shall be designed and constructed to conform with the City's
Construction Standards and Specifications and to operate on a gravity flow
basis by taking advantage of natural topographic conditions and thereby
reducing the need for lift stations and force mains.
2. If the specific undeveloped property does not have City water or wastewater
facilities and capacity fronting the property - the owner may make an application
for an extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will
be available, and if the project does not include City cost participation or
reimbursement, if the proposed facilities are depicted on the City's Water and
Wastewater Master Plans, and the requested service otherwise meets the City's
requirements, the extension size, capacity, and routing may be approved by the
Assistant City Manager for Utilities for construction by the developer at the
developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property - the owner may receive water or
wastewater service from the City by applying for a tap permit and paying the
required fees.
4. If any property in the annexed area is using a septic system - the property owner
remains responsible for the operation and maintenance of the septic system. If the
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
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
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.
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.
1
K.
OADo aQ.00(0
Annexation Service Plan
Page 9 of 10
Participation by owners of benefiting property is strongly encouraged.
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,
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
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.)
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.
Area: 5.772 acres. Wolf Ranch Parkway Right of Way
Page 10 of 1
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 0.892 acres of Right of Way, more or
less, in the Joseph P. Pulsifer Survey and Clement Stubblefield 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
May 9; 2006 and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on May 9, 2006 and May 23, 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. `� Page 1 0{3
Annexation of CR 265 Remainder ROW
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 Statement 2.0: 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: 0.892 acres of Right
of Way, more or less, in the Joseph P. Pulsifer Survey and Clement Stubblefield 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 0.892 acres of Right of Way, more or less, in the Joseph P. Pulsifer Survey and
Clement Stubblefield Survey, as described in Exhibit A of this ordinance, is included in City Council
District 3, as it is adjacent to Council District 3 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.
Ordinance No. 9001Page 2 of 3
Annexation of CR 265 Remainder ROW
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 131h day of June, 2006. r
Passed and Approved on Second Reading on the d y of 2006.
Attest:
/ e
Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
City Attorney
Ordinance No. m
Annexation of CR 265 Remainder ROW
The City of Georgetown:
Mayor
Page 3 of 3
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: CR 265 RIGHT OF WAY
COUNCIL DISTRICT No. 3
DATE: JUNE 27, 2006
I. 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 "CR 265 Right of Way". 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 May 9, 2006 and May 23, 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.
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 2'/2 years from the effective date of the annexation; and
(3) those services for which capital improvements are needed and which will be available
Area: 0.892 acres. CR 265 Right of Way
within 41/2 years from the effective date of the annexation based upon a schedule for
construction of such improvements as set forth herein.
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
Area: 0.892 acres. CR 265 Right of Way
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; 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.
O . OW010MRP
Annexation Service Plan Area: 0.892 acres. CR 265 Right of Way
Page 3 of 10
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.
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 WITHIN 41h YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements
necessary for providing municipal services for the annexation area as necessary for
services that are provided directly by the City.
2. Water and Wastewater Services 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. The City shall have no obligation to extend water or
wastewater service to any part of the annexed area that is within the service area of
another water or wastewater utility. For annexed areas located within the City's
•
Page 4 of i
Area: 0.892 acres. CR 265 Right of Way
authorized service areas, the City shall, subject to the terms and conditions of this
Plan, extend water and wastewater service in accordance with the service extension
ordinances, policies, and standards that are summarized in Section X of this Plan,
which may require that the property owner or developer of a newly developed tract
to install water and wastewater lines. The extension of water and sewer services will
be provided in accordance with the policies summarized in Section X of this Plan and
with any applicable construction and design standards manuals adopted by the City.
3. Water and Wastewater 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.
® "s(o
Annexation Service Plan Area: 0.892 acres. CR 265 Right of Way
Page 5 of 10
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 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:
Area: 0.892 acres. CR 265 Right of Way
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 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 lh-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
Area: 0.892 acres. CR 265 Right of Way
Page 7 of 1
systems shall be designed and constructed to conform with the City's
Construction Standards and Specifications and to operate on a gravity flow
basis by taking advantage of natural topographic conditions and thereby
reducing the need for lift stations and force mains.
2. If the specific undeveloped property does not have City water or wastewater
facilities and capacity fronting the property - the owner may make an application
for an extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will
be available, and if the project does not include City cost participation or
reimbursement, if the proposed facilities are depicted on the City's Water and
Wastewater Master Plans, and the requested service otherwise meets the City's
requirements, the extension size, capacity, and routing may be approved by the
Assistant City Manager for Utilities for construction by the developer at the
developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property - the owner may receive water or
wastewater service from the City by applying for a tap permit and paying the
required fees.
4. If any property in the annexed area is using a septic system - the property owner
remains responsible for the operation and maintenance of the septic system. If the
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
Area: 0.892 acres. CR 265 Right of Way
I
mprovements 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.
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,
Q SIP
Annexation Service Plan Area: 0.892 acres. CR 265 Right of Way
Page 9 of 10
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.)
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.
0>e. zop
Annexation
Page 10 of
Area: 0.892 acres. CR 265 Right of Way
s
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 650.22 acres, more or less, in the
Frederick Foy Survey and Daniel Moore 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
May 9; 2006 and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on May 9, 2006 and May 23, 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. Mock`.5s Pagel of 3
Annexation of Sun City Option Tract, 650.22 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 Statement 2.0: 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: 650.22 acres, more or
less, in the Frederick Foy Survey and Daniel Moore 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 650.22 acres, more or less, in the Frederick Foy Survey and Daniel Moore
Survey, as described in Exhibit A of this ordinance, is included in City Council District 4, as it is
adjacent to Council District 4 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.
Ordinance No. 4Q00 VPage 2 of 3
Annexation of Sun Cih/ Option Tract, 650.22 Acres
Passed and Approved on First Reading on the 1311, day of June, 2006.
.dr
Passed and Approved on Second Reading on the day of 2006.
Attest:
Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
City Attorney
The City of Georgetown:
By: G
Mayor
Nelon
Ordinance No. 0 "5s Page 3 of 3
Annexation of Sun City Option Tract, 650.22 Acres
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: SUN CITY NORTHERN LAND
COUNCIL DISTRICT NO. 4
DATE. JUNE 27, 2006
I. INTRODUCTION
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
to Development Agreement dated September 28, 1999, Fifth Amendment to
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 Northern Land". 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
May 9, 2006 and May 23, 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 Northern Land
Page 1 of 11
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 Northern Land
Page 2 of 11
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;
0 &0, A00to - Ss
Annexation Service Plan Area: Sun City Northern Land
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.
ORD. A,f3 & m S5
Annexation Service Plan Area: Sun City Northern Land
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 Northern Land
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
Page 6 of 11
Area: Sun City Northern Land
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
O x (a'SS
Annexation Service Plan
Page 7 of 11
Area: Sun City Northern Land
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 '/z-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
6FP,a &OO (O - S5
Annexation Service Plan
Page 8 of 11
Area: Sun City Northern Land
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 Northern Land
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
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.
H
L.
OW. aoo(o e.s5
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 Northern Land
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.
Area: Sun City Northern Land
Page 11 of
• ! 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING CHAPTER 8.20 OF THE GEORGETOWN MUNICIPAL
CODE RELATING TO NUISANCES, SPECIFICALLY OPEN STORAGE;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City Of Georgetown finds that the existing ordinance on
nuisances is inadequate for regulations governing the condition and maintenance of all properties;
and
WHEREAS, the City
Council has determined that
the current ordinance
governing nuisances
does not serve the needs of
the entire population of the
City of Georgetown;
and
WHEREAS, the City Council recognizes the need to ensure that all structures and properties
are safe, sanitary and fit for occupation and use; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
May 26, 2006 in compliance with the City Charter of the City of Georgetown;
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 thereof, as if copied verbatim. The City Council hereby finds that
this ordinance implements the following Century Plan Policy Statement — Goals and
Strategies:
10.0 Policy Statement: "Georgetown's citizens and businesses enjoy an attractive community
with a unique sense of place and a positive, identifiable image, at a cost which is consistent with
other city social and economic priorities."
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.
two C 0067�.54
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 1 of 7
SECTION 2. Title 8, Chapter 8.20 entitled "Nuisances', of the Code of Ordinances of the
City of Georgetown, Texas is hereby amended in part as to certain sections of Chapter
8.20 as shown in Exhibit "A", which is attached hereto and incorporated herein for all
purposes.
SECTION 3. 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 4. 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 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 in accordance with the terms of the City Charter,
PASSED AND APPROVED on First Reading on the 13 day of June, 2006,
PASSED AND APPROVED on Second Reading on the ?day of June, 2006.
ATTEST:
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
o ♦ as54
City of Georgetoum Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 2 of 7
THE CITY OF GEORGETOWN:
EXHIBIT "A"
CHAPTER 8.20. NUISANCES
Sec. 8.20.005. Definitions. -
When used in the City of Georgetown Code of Ordinances, Title 8, the following words and
terms, unless the context indicates a different meaning, shall be interpreted as follows:
"Accumulated Material" means the stockpiling of construction spoils, debris, Rubbish or
excavated or placed soil or fill materials in excess of 10 cubic yards.
"Developed Property" means a lot, easement or parcel upon which a building, structure,
pavement, or other improvements have been constructed.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
"Nuisance" means:
1. Any public Nuisance known at common law or in equity jurisprudence.
2. Any Nuisance which may be detrimental to public whether in a building, on
the premises of a building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, or excavations; abandoned refrigerators
and motor vehicles; any structurally unsound fences or structures; or any
lumber, trash, fences, debris or vegetation which may prove a hazard for the
public.
3. Whatever is dangerous to human life or is detrimental to health, as
determined by the Code Enforcement Officer.
4. Overcrowding of a dwelling owned, leased or rented and to include rooms
with occupants.
5. Uncleanliness of property as determined by the Code Enforcement Officer.
6. Whatever renders air, food or drink unwholesome or detrimental to the health
of the public as determined by the Code Enforcement Officer.
"Open Storage" means storage of any item(s) or material(s) that is open to the public view,
regardless of any sheltering or covering, on public or private property. This storage
City of Georgetown Code of Ordinances
Amendment to Chapter 3.20 — Nuisances
Page 3 of 7
includes, but is not limited to: inoperable motor vehicles, metal tanks, glass, furniture, tires,
motor vehicles parts, oil containers, old paint containers, trailers without tires, inoperable
air conditioning and heating units, inoperable lawn mowing and trimming equipment,
building material, building rubbish, appliances or similar items.
"Premises" means a lot, plot or parcel of land including the buildings or structures thereon.
"Refuse" means all solid and liquid wastes, except hazardous wastes, whether putrescible
or nonputrescible, combustible or noncombustible, organic or inorganic, including, but not
limited to wastes and materials commonly known as trash, garbage, debris or litter, animal
carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags,
discarded clothes or wearing apparel of any kind or any other discarded object not
exceeding three (3) feet in length, width or breadth in accordance with state law.
"Rubbish" means nonputrescible solid wastes of a large size, combustible or
noncombustible, including, but not limited to large pieces of wood, large cardboard boxes or
parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or
abandoned motor vehicle bodies or parts, damaged and discarded fiberglass and metal boat
bodies, scrap metal, bedsprings, water heaters, discarded furniture, wood pallets and all
other household good or items, demolition materials, used lumber, broken concrete, broken
asphalt, and other discarded or stored objects three (3) or more feet in length, width or
breadth in accordance with state law.
"This Code" means exceptions or references to other sections of the City of Georgetown
Code of Ordinances.
"Undeveloped Property" means a lot, easement or property upon which no improvements
have been constructed.
Sec. 8.20.020. Specific conditions.
The things or conditions listed in this section, among others, are declared to be Nuisances,
but are in no way to be construed as being an exclusive enumeration. Nuisances are liable
for abatement, and the persons guilty of causing, permitting, or suffering any of them upon
such person's Premise or in any building occupied and/or controlled by such person or on
any yard or grounds surrounding such building owned and/or controlled by such person, or
in or upon any street, alley, sidewalk, right-of-way, or any property, public or private, shall,
a ff
Cihy of Georgetown Code of ordinances
Amendment to Chapter 8.20 — Nuisances
Page 4 of 7
be fined upon expiration of the appropriate notification for abatement, as provided in
section 1.08.010, General Penalty. The City of Georgetown can also use abatement by City
forces, whether an emergency or not as provided for in Section 8.20.095 of "This Code".
Nuisances are further defined as follows:
G. Placing any article or substance upon any street, alley, sidewalk, right-of-way or public
ground in such a manner as to obstruct passage by a pedestrian, authorized vehicle, or
conveyance, with the following exceptions:
1. Vehicles parked in compliance with the law.
2. Temporary placement of dumpster or other trash containers in compliance with City
requirements for solid waste disposal.
3. Signs, barricades, and other devices lawfully in place.
4. Objects lawfully in place for the purpose of providing utilities or governmental
services.
5. Trees, shrubs, landscaping and mailboxes maintained in compliance with other City
ordinances.
6. Any other object permitted to encroach upon or obstruct a street, side walk, alley,
gutter, drain, right-of-way, or public ground as part of a special event that has been
approved in accordance with "This Code".
R. Conducting any business or enterprise upon any premises or within any building that
allows the accumulation of trash, Rubbish, brush piles, by-products and/or waste products
generated by the enterprise, or any of the products listed by the United States
Environmental Protection Agency as being dangerous, hazardous or undesirable.
S. Littering within the confines of the City of Georgetown. It shall also be unlawful to
discard or dump litter, trash, products of cutting or trimming of vegetation, appliances,
household goods, or any other manner of Refuse upon any premises or property within the
City of Georgetown, Texas, except for a legal disposal at the City of Georgetown's Waste
Collection Station. Proper procedures shall be followed and all rules of the collection station
shall be observed during the disposal. Trash and debris set out for regular trash pickup shall
be placed in a closed container to prevent littering. All working trash containers that are not
provided by the city shall have identification markings in the event the container is not in
the closed condition.
T. Burning any manner of Refuse, vegetation, or waste products within the city limits of the
City of Georgetown except as provided for in Sections 8.04.080 and 8.04.090 of "This Code".
IPA
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 5 of 7
U. Allowing the accumulation of trash and/or debris, Open Storage, household goods, brush
piles, appliances, work equipment, work or construction materials, or any other type of
Rubbish on any lot in a residential neighborhood. However, certain storage shall be
permitted if approved by the City and it is completely shielded from the public view.
V. Allowing the Open Storage of Accumulated Materials on any private Developed or un-
Developed properties, if construction or earth moving activity has been abandoned or has
ceased for a period of 60-days from the original accumulation date. This Accumulated
Material shall be removed or, in the case of excavated or placed soil or fill materials and
spoils, the property re -graded to the original site grade within seven (7) days of the receipt
of notification of non-compliance.
Sec. 8.20.040. Holes where water may accumulate.
It is unlawful for any person who owns or occupies any lot in the City to permit or allow
holes or places on said lots where water may accumulate and become stagnant or to be in
any other condition that may produce disease, or to permit the same to remain.
Sec. 8.20.090. Drainage —Removal of unwholesome substances —Abatement.
Should any owner of such lot that has places thereon where stagnant water may accumulate
or which are not properly drained, or the owner of any premises or building upon which
carrion, filth or other impure or unwholesome matter may be, fail and/or Refuse to drain or
fill the lot, or remove such filth, carrion or other impure or unwholesome matter, as the case
may be, within seven days after notice to said owner to do so, in writing, or by letter
addressed to such owner at his post office address or within seven days after notice by
publication as many as two times within ten consecutive days in any newspaper of the City,
if personal service may not be had as aforesaid, or the owner's address is not known, then
the City may do such filling or draining or removal of filth, carrion, etc., or any other
unsightly, objectionable, or unsanitary matter, or cause the same to be done and may pay
therefore and charge the expenses incurred in doing such work or having such work done
or improvements made, to the owner of such lot or real estate, and if such work is done or
improvements made at the expense of the City, such expense shall be assessed on the real
estate or lots upon which such expense was incurred.
Sec. 8.20,095. Abatement by City forces.
A. Notice of Violation. In the event that any person, owning, claiming, occupying or
I
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 6 of 7
having supervision or control of any real property or Premises permits any condition to
exist thereon in violation of this chapter, the City may notify such person of failure to
comply and direct any person, owning, claiming, occupying or having supervision or
control of any real property or Premises for the correction, remedy, or remove of such
condition within seven days after such notice is received. Such notice shall be sent to the
owner by hand delivery or to the owner's_address as recorded in the Williamson County
Appraisal District Records. If personal service cannot be obtained, notice may be given by
publication at least once in a newspaper of general circulation within the City, by posting
the notice on or near the front door of each building on the property to which the violation
relates, or by posting notice on a placard attached to a stake driven into the ground to which
the violation relates, if the property contains no buildings. Notice can also be given by
certified mail through the United States Postal Service and if the United States Postal Service
returns the notice as "refused' or "unclaimed", the validity of the notice is not affected, and
the notice is considered as delivered.
B. Abatement by City forces. If any person of a notified violation of this chapter fails or
refuses to comply with the requirements of the designated Code Enforcement Officer, or
other City Official, as specified in such notice within seven days after notification in
accordance with this chapter, the City can issue citations for penalties incurred for non-
compliance and may enter upon the property or Premises and perform such work or make
such improvements as necessary to abate the Nuisance, or cause the same to be done, and
charge the expenses incurred in doing such work or having such work done or
improvements made to the owner of such property. All expenses incurred by the City in
performing such work, including legal and administrative expenses, shall be charged to the
owner of the property.
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 7 of 7
ORDINANCE NO.
kJ # ' i ""MOM # i ' i • # •
WHEREAS, the City Council has approved increase to the public safety salary step plan;
and
WHEREAS, the City Council wishes
to
use sales tax
revenues above the original budget
projections to fund salary increases
in
public safety;
and
WHEREAS, the changes were unplanned at the time the fiscal year 2005/06 budget was
approved; and
WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council
majority plus one in emergency situations;
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 of the Century Plan - Policy Plan Element:
1. Policy Statement 13.0, which states: "All municipal operations are conducted
in an efficient business -like manner and sufficient financial resources for both short-
term and long-term needs are provided", 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 amendment to the 2005/06 Annual Operating Plan Element (Budget) of the revenues of the
City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and
approved as an addition to the previously approved budget of the current revenues and expenses
as well as fixed charges against said City for the fiscal year beginning October 1, 2005, and ending
September 30, 2006. A copy of the amendment is attached hereto as Exhibit "A", and incorporated
by reference herein.
SECTION 3.
The total of $43,000 is hereby appropriated for payments of expenditures and payments of the
funds and included in the Exhibit "A".
SECTION 4
ORD. =" ii
Page of
' ` i 11• • ••- • • •• • ••
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 upon adoption of its second and final reading by the City Council
of the City of Georgetown, Texas.
PASSED AND APPROVED on First Reading on the 13th day of June, 2006.
PASSED AND APPROVED on Second Reading on the 27th day of June, 2006,
U
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Z4.2cp _IA
Patricia B Carls, Brown and Carls, L.L.P
City Attorney
THV/CITY OF GEORGETOWN:
Mayor
Nelon
Page 2 of 3
P:\AGENDA\2006\budget\pubsafcomp.doc
EXHIBIT A
Annual Operating Plan Element (Budget) Amendment
P:\AGENDA\2006\budget\[YE05BA Exhibit.xls]A
Genera! Fund:
Revenues/Sources:
Sales Tax
Expenditures
Police Salaries & Benefits
Fire Salaries & Benefits
Excess revenue over expenses
$ (43,000)
29,000
14,000
AN ORDINANCE AMENDING THE 2005/06 ANNUAL OPERATING PLAN
ELEMENT (BUDGET) FOR PUBLIC SAFETY COMPENSATION;
APPROPRIATING THE VARIOUS AMOUNTS THEREOF; AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, the City Council has approved increase to the public safety salary step plan;
and
WHEREAS, the City Council wishes
to
use sales tax
revenues above the original budget
projections to fund salary increases
in
public safety;
and
WHEREAS, the changes were unplanned at the time the fiscal year 2005/06 budgetwas
approved; and
WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council
majority plus one in emergency situations;
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 of the Century Plan - Policy Plan Element:
1. Policy Statement 13.0, which states: "All municipal operations are conducted
in an efficient business -like manner and sufficient financial resources for both short-
term and long-term needs are provided", 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 amendment to the 2005/06 Annual Operating Plan Element (Budget) of the revenues of the
City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and
approved as an addition to the previously approved budget of the current revenues and expenses
as well as fixed charges against said City for the fiscal year beginning October 1, 2005, and ending
September 30, 2006. A copy of the amendment is attached hereto as Exhibit "A", and incorporated
by reference herein.
SECTION 3.
The total of $43,000 is hereby appropriated for payments of expenditures and payments of the
funds and included in the Exhibit "A".
SECTION 4
OM . +r .r
Page 1 of 3
kr �.. ..- • . . •..
All ordinances and resolutions, or parts of ordinances and resolutions,
Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 5.
in conflict with this
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 upon adoption of its second and final reading by the City Council
of the City of Georgetown, Texas.
PASSED AND APPROVED on First Reading on the 13th day of June, 2006.
PASSED AND APPROVED on Second Reading on the 27th day of June, 2006.
0
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia 1. Carls, Brown and Carls, L.L.P
City Attorney
ITY OF GEORGETOWN:
f mM
Page 2 of 3
EXHIBIT A
Annual Operating Plan Element (Budget) Amendment
PAAGENDA\2006\budget\[YE05BA Exhibit.xls]A
General Fund:
Revenues/Sources:
Sales Tax
Expenditures
Police Salaries & Benefits
Fire Salaries & Benefits
Excess revenue over expenses
0
(43,000)
29,000
14,000
I7
ORDINANCE NO. aoo(0 "c^
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 11th Day of March 2003, to Change Lot 1, Block A
of the Horizon Commercial Park as Recorded in Cabinet F, Pages 324-325 of the Official Plat
Records of Williamson County, Texas from IN, Industrial District to C-3, General Commercial
District Classification; 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 descrbed real property ("The Property"):
Change Lot 1, Block A of the Horizon Commercial Park as Recorded Cabinet F,
Pages 324-325 of the Official Plat Records of Williamson County, Texas, 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 time 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 the lots 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 on May 2, 2006
recommended Approval of the requested zoning change for the above described property from IN,
Industrial District to C-3, General Commercial District Classification, in accordance with attached
Exhibit A.
O ADo A001P • 51
600 High Tech Drive
Rezoning IN to C3
Page 2 of 3
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:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses in terms
of use, density, building heights, scale and offsite effects.
• Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan.
-- The proposed C-3, General Commercial zoning district is consistent with the proposed
use of the site and the "Office / Retail / Commercial" land use designation.
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 Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from IN, Industrial district
classification to C-3, General Commercial district classification, in accordance with attached Exhibit
A which is attached hereto and incorporated by reference herein, is hereby adopted by the City
Council of the City of Georgetown, Texas,
Section 3. 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 4. 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 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 on the date of final
adoption by City Council.
600 High Tech Drive
Rezoning IN to C3
Page 2 of 3
PASSED AND APPROVED on First Reading on the 23rd day of May 2006.
PASSED AND APPROVED on Second Reading on the 13th day of June 2006,
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
Mayor
J: \ CUR -PLAN \ REZONE \ REPORT \ 2006 \ HorizonBlkALotl.Ord.doc
ORD* 90010-SA
600 High Tech Drive
Rezoning IN to C3
Page 3 of 3
ORDINANCE NO. A00(0 -51
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 11th Day of March 2003, to Change Lot 2, Block 2
of Crestview Addition Unit 1 as Recorded in Cabinet A, Pages 340 - 341 , of the Official Plat
Records of Williamson County, Texas from RS, Residential Single -Family District to OF, Office
District Classification; 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 followingdescribed real property ("The Property"):
Lot 2, Block 2 of Crestview Addition Unit 1 as Recorded in Cabinet A, Pages 340 -
341, of the Official Plat Records of Williamson County, Texas, 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 time 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 the lots 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 on May 2, 2006
recommended Approval of the requested zoning change for the above described property from RS,
Residential Single -Family District to OF, Office District Classification, in accordance with attached
Exhibit A.
Crestview Unit 1, Block 2, Lot 2
Rezone RS to OF
Page 1 of')
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:
Objective 1.3: Ensure that new developments will be compatible with existing land uses
in terms of use, density, building heights, scale, and offsite effects.
® Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
• Objective 10-WD1: Maintain the residential appearance of Williams Drive at the IH-35
intersection.
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 Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from RS, Residential Single -Family
district classification to OF, Office district classification, in accordance with attached Exhibit A
which is attached hereto and incorporated by reference herein, is hereby adopted by the City
Council of the City of Georgetown, Texas.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no lonWr of any force and effect.
Section 4. 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 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 on the date of final
adoption by City Council.
Crestview Unit 1, Block.), Lot 2
Rezone RS to OF
Page 2 of 3
PASSED AND APPROVED on First Reading on the 23rd day of May 2006.
PASSED AND APPROVED on Second Reading on the13th day of June 2006.
ATTEST:
E�
z/S
r e 1. ... '%
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
T�GI r
(c_
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
Mayor
J: \ CUR -PLAN \ REZONE \ REPORT\ 2006 \ CrestviewAddn1 _B1k2Lt2.Ord.doc
ORD. AOOto - 51
Crestview Unit 1, Block 2, Lot 2
Rezone RS to OF
Page 3 of 3
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 111h Day of March 2003, to Change 2.232 Acres in
the David Wright Survey, A-13 as Recorded in Document No. 2000037266 of the Official Records
of Williamson County, Texas from AG, Agriculture District to C-3, General Commercial District
Classification; 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 ieal property ("The Property"):
2.232 Acres in the David Wright Survey, A-13 as Recorded in Document No.
2000037266 of the Official Records of Williamson County, Texas, 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 time 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 the lots 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 on May 2, 2006
recommended Approval of the requested zoning change for the above described property from AG,
Agriculture District to C-3, General Commercial District Classification, in accordance with attached
Exhibit A.
09a. A0667 �57a
4159 Williams Drive
Rezoning from AG to C-3
Page 1 of 3
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:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses in terms
of use, density, building heights, scale and offsite effects.
® Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan.
-- The proposed C-3, General Commercial zoning district is consistent with the
"Commercial" land use designation.
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 Base Ordinance and the Zoning 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 C-3, General Commercial district classification, in accordance with attached Exhibit
A which is attached hereto and incorporated by reference herein, is hereby adopted by the City
Council of the City of Georgetown, Texas.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of my force and effect.
Section 4. 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 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 on the date of final
adoption by City Council.
4159 Williams Drive
Rezoning from AG to C-3
Page 2 of 3
PASSED AND APPROVED on First Reading on the 23rd day of May 2006.
PASSED AND APPROVED on Second Reading on the 13th day of June 2006.
ATTEST:
f!j
td rgt
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
Mayor
J: \ CUR —PLAN \ REZONE \ REPORT\ 2006 \ 4159 WmsDrive.Ord.doc
0 F,D • A -50
4159 Williams Drive
Rezoning from AG to C-3
Page 3 of')