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HomeMy WebLinkAboutORD 2006-17 - Liese PropertyOrdinance No. 00(V " 17 An Ordinance of the City Council of the City of Georgetown, Texas, Amending Ordinance No. 2005 -95 to Remove Section 5 of Ordinance No. 2005 -95 Relating to the Annexation of Approximately 59 Acres ( + / -) of Land Owned by Milton G. and Elizabeth Liese out of the D. Wright Survey, Abstract No. 13; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date Whereas, on February 14, 2006, the City Council of the City of Georgetown, Texas voted to reconsider a matter relating to the passage of Ordinance No. 2005 -95 (passed on December 23, 2005), and to remove Section 5 of that ordinance, and Whereas, Section 5 of Ordinance No. 2005 -95 provided as follows: Section 5: In consideration for the City Council's agreement not to annex at this time the entire 95 acre tract of land owned by Milton G. Leise out of the D. Wright Survey as originally proposed at the two public hearings and the first reading of this ordinance, but only to annex approximately 36 acres of said land consisting of a 1,001 foot wide strip, Milton G and Betty Leise have agreed to enter into an agreement with the City whereby if and when they or any of their heirs, assigns, or subsequent owners of the remaining 59 +/- acres develop said land, the owner of the land will simultaneously submit a voluntary petition for annexation into the City of Georgetown's corporate limits for the said 59 +/- acres. Whereas, no such agreement as was contemplated in Section 5 has been approved by either the Liese's or the City Council. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan- Policy Plan Element: A. Policy Statement 1.0: The community enjoys the benefits of well planned land use in which conflicting needs are balanced. B. Policy Statement2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Amendment of Ordinance No. 2005 -95 Ordinance No. c 004 �/ 7 Page 1 of 2 SECTION 2: Ordinance No. 2005 -95 is hereby amended to remove Section 5 (in its entirety) from Ordinance No. 2005 -95. Except for the removal of Section 5, no other changes are made to Ordinance No. 2005 -95 and all other sections and provisions of Ordinance No. 2005 -95 are intended to and shall remain in full force and effect. SECTION 3: Except with regard to the removal of Section 5 of Ordinance No. 2005 -95, this Ordinance shall not operate to repeal or affect any other provision of Ordinance No. 2005 -95, or any other ordinances, except insofar as the other provisions might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby superseded SECTION 4. If any provision of this Ordinance or application thereof to any annexations, person or circumstance, shall be held invalid, such invalidity shall not affect the other annexations, provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the day of February, 2006. Passed and Approved on Second Reading on the day of March, 2006. Attest, ,f1 Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls, City Attorney City Georgetown: : Giry Nelon Amendment of Ordinance No. 2005 -95 Ordinance No. 4 00 (s % 7 Page 2 of 2