HomeMy WebLinkAboutORD 2006-62 - ANX Buie TractOrdinance • .. °Mr.
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 370.893 acres, more or less,
in the David Wright Survey, Williams Roberts Survey and John Berry 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. oo(o ` (e;L Page 1 of 3
Annexation of Buie Ranch,
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: 370.893 acres, more
or less, in the David Wright Survey, Williams Roberts Survey and John Berry 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 370.893 acres, more or less, in the David Wright Survey, Williams Roberts
Survey and John Berry Survey, as described in Exhibit A of this ordinance, is included in City
Council District 5, as it is adjacent to Council District 5 and no other City Council Districts.
Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Ordinance No. 00 ° ;L Page 2 of 3
Annexation of Buie Ranch,
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.
Passed and Approved on Second Reading on the day of 2006.
r
Attest: The City of Georgetown:
Approved as to form:
s
tricia E. Carls
City Attorney
Ordinance No. Page 3 of 3
Annexation of Buie Ranch,
096400110031
370.893 Acres of land, more or less, in Williamson County, Texas, being the same Land
I
escribed as 382.15 acres in deed from Roselle M. Braun to Glynn D. Buie dated October 2,
1974, and recorded in Volume 596, Page 836, Williamson County deed records, SAVE AND
EXCEPT from said 382.15 acres the following described three tracts:
First Excepted Tract: 1.457 acres of land, more or less *being the same land described in deed
from Glynn D. Buie to County Judge Don Wilson dated March 16, 1987, and recorded under
County Clerk's file number 8711458.
Second Excepted Tract: One -half (.50) acre of land, more or less, and being the same land
described as Tract Two in Correction Warranty Deed from Glynn D. Buie and Dora Dean. Buie to
Bridger Canyon Partnership, Ltd. Dated March 5, 2001, and recorded under County Clerk's file
number 2001014355.
Third. Excepted Tract: 9.30 acres together with all improvements thereon consisting of buildings,
roads, fences, water wells, water troughs, rock entrance, gates, and all other improvements
named or unnamed above and below ground located on the 9.30 acres being the land occupied by
Glynn D. Buie and Dora Dean Buie as their home.
METES AND BOUNDS OF 382.15 ACRES
°I't•_,
3'1':', 15 acres of the David '':'right Survey, Abstract
Na. 1 3 , ' ":In, Roberts Sur vey, Abstract No 5 24, and Join
in
ncrry Survey, Abstract No. 51
•!illiamsor. County, 'rlexas
and being a portion of those certain tracts of land des-
cribed in a deed to C. T. Braun, et ux, dated t„ ay _9
as recorded in volume 437, Page 678, Deed Records of 114illiam-
son County, Texas, Surveyed on the ground during the month
0':' Au[.Tt2St 1974, by Charles N. Steger, Registered Profes-
r as f 0110Nls
sional Engineer, and described mo. e fury
BEGINNING at an iron pin found in the East margin of a
paved county road, known locally as Airport R-oad, said op f the aovere�e��enced land
veved to C. in
marking the T, Braun, etoux, forbthe -S,Yl, corner hereof;
TENCE along a fence line mar }ling the South boundary of
C
the herein.- described property, as fcllovrs � N 64 55
6')2.04 fee t to a fence post; fi 641 49 E, 43903
feet to
an iron. pin set near a fence ,Dose; N 64° 24' E, 105.52
r , 1 F
feet to an.iron pin set near a fence post; N 6'� 0 u,
897.31. feet t0 a fence post; N 64° 30' E, 809.7 feet to
9t�3-
a 40 d nail set in a fence corner Post at a point w'r.ere 0
a cross fence adioins this fence 'line from the East; N ?
} ' g; -,5c feet tC an 1rOn p1n SE:t n°ar a at° post
t, Cs ` 7 c� feet t0 a fence
t :' c fence DOS:.; an0, t� p�', -}
f
fe ce corner .post c^ tr.e moc_
a . - ~o; ir; se : near a n.. � - -
so then _, O�.;e n rep
ThENC. N 70° 06' E, 524.48 feet along an old fence line
marking the South side of an abandoned wagon road to an
iron pin set near a fence corner post for an inside corner
hereof;
THENCE S 24° 14' E, 563,49 feet along a fence line to an
iron pin set near a fence corner post for a corner hereof;
THENCE along an old fence line N 65° 00 E, 60.4'1 feet to
an iron pin set near the base of a lo" dia. elm tree and
N 56° 37' E, 67_..00 feet to a point in the center of
Berry's Creek near the center of an old bridge site as
evidenced by an old stone bridge pier on the East bank of
said creek for the most easterly S,E, corner hereof;
THENCE, up the center of Berry's Creek with its meanders,
as follows, N 290 7.0' vt 578.77 feet; N 39° 361 . =, 35,5?
feet to an iron pin set;_ N 7° 25' W, 381,7 ?_ fit; N 10
0?' E, 15q 64 feet to an iron pin set;' N 90 02' E 260,05
feet; N Ob 27_' V/ 198,89 , N 350 18' E, 189,1 feet
ar. iron pin set; N 40 20' E, 205.56 feet to an iron pin
S et; N 250 40' 'r,, 220.84 feet to an iron pin set; N 90 22`
229.56 feet to an iron pin set; N 390 38' E, 223,74 feet to
an iron pin set ;.N 120 30' E, 372,80 feet; N 10 19' t7, 6'12.47
feet M ''.;10 33' 4 ", 317.30 feet; N 62° C7' P; 365.71 feet;
G .a o ` 20
S 78 51 '11,57 feet; S 81 50 tt 61•, feet; N 7
17' 580,79 feet to an iron pin set at the end of an
r Ten o
::here the tree: ?, reconve: �. �� do one ch.. nnel.,
5 7Q %�ri �, .3'6.O7 feet to an ,;ran pin set at the Doint,
where _the. C1'eeiC sr +litu 'Ln -to tc:a I channels ; 70.°
4_,0.95 feet to an iron. Din set at the end of an island
l.here the cree' reC()nl +ert�L'S tU one channel; S •x'30 3<< v
4 3,28 feet to an iron pin st'.t on the point o_r an island
wilere rile creek SDI itIs into two channels and S 890 0 1 t'z ,
179.96 feed: to a paint in. the center of said creek
immediately East of a bridge over th'e creek for the N,`.'•
corner 'hereof.;
THENCEE, ,along a fence line marking the East margin of the
above- referenced Airport oad, as follovrs: S 5
191.87 feet to an,iron pin set near a gate*pbst, S 100 41'
118.55 -feet to an iron pin set-near the base of a 12" diag
oak tree'in said fence line, S• So 40'' E,.6O5..69 feet to an
iron pin set near a fence post; S 19° 28' ` '., .354.99 feet
to an iron .Din set near a fence post, 5 26° .50
' ti` , 399 •03
feet tcs.a FeriCe post; a.5 °: 51' w, .386,:55 feet to an iron
pin 'set near a fence post S 260 28' t 491.09 feet to
an iron -pin set near a fence post;.S 260 02'. W, 517.36
feet to andiron pin, set near a fence .post; C' 280 36'
578.08 'feet to an iron pin set near the base of a corner
post of a cross fence entering from the East; S. 260 50' El',
579.48 feet. :to an iron pin set in the 'base of.a.36 -inch
diameter oak tree in said fence line, S 26°_03' .t`., '1814,36
feet to an iron.. pin set near a f ence post; and, �1.° 40' Vt
889.06 feet to the place of BEGINNING and containi/ng - 382.15
acres of land.
STATE 'OF TEXAS
KNOW ALy miPN By THESE PRESENTS,
COUNTY OF "11LLIAMS0N fi
?, Charles 11, Steger, registered professional Engineer,
do hereby certify t'r,at _ did, during the month of August
19744, survey on the ground the above- described tract and
tha t Said desCr_ptl4 c:^. _s .,_UG and Ccr�"eC � tC the
mir knowledge and Del? �20
ate. 200
'_", a6pt ^BSn ;'Ge �o _` c� - u `„r Gn•,' L � �.i� • ,p�(/�Jry
,J �...�.Le.I V, u., lilc, c'. _P......._ -.. ..,. _. -. .. _._ - v_. �. -....L nom:. V....i°�'h � � At i,
n
TO CERTIFY.'1?}iICr , WITNEESS my hand and seal at George tow: ,
I,illiamson County, Texas, this the 26th day off' August.,
,974, A.D.
Cha_rles F. Steger
Registered ._ fessicnftal Engineer, Not 29269
Stare of Texas
/l �,•i � � �S M�a �'? 1 t
tGEll
�:i
STEGER 7 BIZZELL, INC. _-CONSULTMG ENGINEERS
P, O. BOX 632 • GEORGETOWN, TeXAs 78626
METES AND BOUNDS OF FIRST EXCEPTED TRACT
—BEING 1.457 acres (63471.01 s.f.) of land, more or-less, out of and- -
part-of the Wm. Roberts. survey and being part:;of that 382.17 @ore .
tract of land described 'in a deed dated October'2; 1974 'from Roselle
M. Braun to Glynn D. Buie as recorded in Volume 1596 page - 3� of the
Williamson County Deed Records, and being more particularly, descri bed
by metes and bounds as followst
HONNING at a point in the existing easterly right of way line of
County Road No, 547 (also No. 190), known loca?ly as Airport Road,
said point being the Grantor's Northwest property corner,,said point
is further described as being South 89° 01' 00 ".West for a distance
of 286.38 feet from an interior corner, of Grantor';s property, marked
by an iron pin; .
t "1)
Thence North 890 01' 00" East along Grantor's northerly property dine
fora distance of 106,42 feet to a point, said paint being to the
1ef. 60400 fee` of engineer's Survev Line Sta�ion 1,C)6+19,10'
�v V
(2) Thence South 01 49' 11" West along the proposed easterly right of way
line of said Road for a distance of 580:90 feet to a point;
<?} Tnence South i3° i3' 35" West along the proposed easterly right of
J
way line of said Road rcr "a distance Cf 204.78 feet to a point :n .1
o: 5 Roar, 5a?dt p Clnv being rwc ' wat i:V of eeSter1
�p •l °F 1C.0�' feel C` ^r �nrae ^�S Eli, t' C
]n° °`va?O 14iJ�.v
�II
p ^C -pr l�,r `^l �i'~.. yr YiC�•
t_ G
.., n.^..� 1�iV� �. _. � -. __ _.. __..__. �, !( ... Z! ACC` ,.�- �.,. •, `.T i. �'L:l . ^Q :'.•'r•
I `.
- -- — - - -- r -- Thence North 10° v i' 00" West along the said right of way line for a
J)
distanoe of 1i8.�5 feet to a point;
ion the said right of way line for a
(6) Thence North o 1, 00" mast along
distance of T91.87 feet to the POINT OF BEGINNING.
TY:e above desc, > ed parcel_ CGntalns
,o
1,411a7
aer °s
of'
wand, more or
Road, bcing'tht west line of
the said 380.193 acre Bridgcr
Canyon Partnership,
Ltd:
FOR A COMPLETE DESCRIPTION OF SECOND EXCEPTED TRACT
SEE DEED WILLIAISON COUNTY CLERK'S PILE N0. 2001014355
METES AND BOUNDS OF THI RD EXCEPTED TRACT
BEING 9.30 acres of land,.situatcd in the David Wright Survcy, Abstract No. 13, in Williamson
County Texas, said land bring a portion of that certain tract of land, called 380.193 acres, as
conveyed to Bridges Canyon Partntrslup, ? 'd„ of record as Document No. 2001014355 of the
Official Records of Wiliiamson County, Texas. Surveyed or. the ground in the month of
November, 2004, under the supervision of Don H. Buell, Registered Professional Land
Surveyor, and being more particularly dcscribcd as follows;
BEGINNING at an iron, pin set on the east line of County Road No. 190, Airport Road, being the
west lint of the" above- referernctd 380.193 acre Bridger Canyon Partnership, Ltd. tract, for the
Southwest corner hereof; said point bcing N 21° 40' E, 889.06 feet and N 26° 03' E, 1,298.35
feet (according to survey by Charles H, Steger, P.E. 29269, dated Septcmbcr 12, 1974) from the,
Southwest corner of the said 380.193 acre, Bridget- Canyon Partnership, Ltd. tract;
=ENCE, along the said cast
line of County Road
No.
190, Airport
Road, bcing'tht west line of
the said 380.193 acre Bridgcr
Canyon Partnership,
Ltd:
tract, N 26°
03' E, at 91.48 feet pass an
iron Din found marking the Southwest comer of
that
certain 3.00
acre tract as shown on the
Charits H. Steger, survey,
Oak, bring the Northwest
Din set and N 28° 36' E, 3E
for a total distance of 516.01 fcct to an iron pin found at a 40" Live
corner of the said 3.00 acre tract, W260 50' E, 579.48 feet to an iron
t.95 fcct to an iron Din set for the Northwest comer hereof;
THENCE, S 68° 14' E, at 8.85 iett pass a 40d nail set in a fenct, for a total distance of 305.70
fret, in all, to an iron pin set near a fence comer for the Northeast comer hereof; '
THENCE, S 18° 30' X', 41.93 feet to a 40d nail sct near a fenc.^ comer, S 19° 28' W, 307.09 feet
to a 40d nail Sri near a creosote corner post, S 2° 44' W, 189.63 fort to an iron pin set near a "T"
post; and S 2° IT W, 343.90 feet to an iron pin set near a cedar corner post for the Southeast
comer hereof;
THENCE, S 86' 40' 3C' W, 259.26 feet to an iron pin set near a creosote post and S 86° 30' W,
at 393.34 feet bass a 40d rizill found ai a fence corner for a -total distance of 39.76 feet,ir al to
the Place of BEGINNING and containing 9.80 acres of land, Save, and Except that certain Traet
called .50 of an acrz txceptcd in a deed tc Bridgcr Canyon Partnership Ltd. o record as
Document No. 21)0 }4014355 of the Ofncial Records of Wlliiarnson County; Tex , having a net
averag o' 5.30 acres.
At P41LO
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: BUIE RANCH
COUNCIL DISTRICT NO. 5
DATE: JUNE 27, 2006
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 Goverzunent 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 'Buie Ranch ". 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 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
within 41 /2 years from the effective date of the annexation based upon a schedule for
construction of such improvements as set forth herein.
Annexation Service Plan
Pay =e 1 0 10?
Area: 370.893 acres. Buie Ranch
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 govemed 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
Annexation Service Plan 0100 O(Ha Brea: 370.893 acres. Buie Ranch
Pa��e �� 0 f 10 �I��
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.
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
Annexation Service Pian ®,apt 0100(®(OZ Area: 370.893 acres. Buie Ranch
P a e 3 o 10 )ch �"
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 h-i 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 armexation 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
J J
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
Annexation Service Plan Mo = V Area: 370.893 acres. Buie Ranch
r
Pate 4 of 10 h ib17. C
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.
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
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Area: 370.893 acres. Buie Ranch
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 unposed 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:
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:
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Area: 370.893 acres. Buie Ranch
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 1/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 gr. avity flow
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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 paving the
required fees.
4. If any property in the annexed area is using a septic system - the property owner
remains responsible for the operation and maintenance of the septic system. If the
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.
�. 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:
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Area: 370.893 acres. Buie Ranch
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.
]. Participation by owners of benefiting property is strongly encouraged.
K. Incentive for up -front participation:
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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,
Area: 370.893 acres. Buie Ranch
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 -vear notice of intent to connect to system.
J
2. All payments based upon units of capacity;
3. All necessary easements are donated and only facilitate the
1 �
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.
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Area: 370.893 acres. Buie Ranch