HomeMy WebLinkAboutORD 2006-131 - ANX Area 39 Georgetown AirportOrdinance No. .900(a W 131
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 64.0 acres, more or less,
out of the Antonio Flores Survey and David Wright Survey, that lies north and
west of IH 35, east of Airport Road, and south of Lakeway Drive; and 3.3 acres,
more or less, of ROW of Lakeway Drive from Airport road east to IH 35, 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; Approving a Service Plan for
the Area, Repealing Conflicting Ordinances and Resolutions; Including a
Severability Clause; and Establishing an Effective Date.
Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and
Whereas, by Resolution No. 071205 -P, the City Council adopted the "Policy to Guide the
Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown,
Texas;" and
Whereas, pursuant to said Policy, the City Council identified certain areas for which it
desired to initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, the City Council on August 8, 2006, by Resolution No. 082206 -S, adopted a revised
priority annexation area map, including the area that is the subject of this Ordinance, and directed
staff initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, following written and published notification given in accordance with state law,
the City Council conducted two public hearings on the proposed annexation on October 10, 2006
and October 24, 2006; and
Whereas, all of the herein- described property lies within the extraterritorial jurisdiction of
the City of Georgetown, Texas and not within any incorporated area; and
Whereas, the herein - described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
Whereas, the Section 4.03.010 of the Unified Development Code provides that the initial
zoning classification for newly annexed properties is "AG" Agriculture; and
Whereas, all prerequisites for annexation as set forth in state law and the City Charter have
been complied with;
2006 Annexation Area 39 Ordinance No. AM "131
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 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 Statement 2.0: Georgetown's natural and physical resources are managed so that
citizens enjoy the benefits of economic and social development.
C. 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.
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,
Section 2: The City Council hereby finds that:
A. Notice of two public hearings concerning annexation of the territory described in
"Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in
newspaper of general circulation in the City of Georgetown; and posted on the City's
internet website.
B. The Public hearings were held on October 10, 2006 and October 24, 2006, each at 6:00
p.m. at the City Council Chamber, 101 E. 7th Street, 78626, Georgetown, Texas.
C. The public hearings were concluded after providing an opportunity for all persons
present to be heard with respect to the proposed annexation. A proposed Service Plan
was made available and explained at the public hearings as required by law.
D. The annexation of the territory described in "Exhibit A," and shown in "Exhibit B,"
serves the interest of the current and future residents of the City of Georgetown.
E. All procedural requirements imposed by state Iaw for full purpose annexation of the
territory described in "Exhibit A," and shown in "Exhibit B," have been met.
Section 3: The present boundary limits of the City of Georgetown are amended to
include the following territory, which is within the extraterritorial jurisdiction, not part of the
incorporated area of any jurisdiction, and adjacent to the city limits of the City of Georgetown,
Texas in Williamson County, Texas, annexed into the City for full purposes:
64.0 acres, more or less, out of the Antonio Flores Survey and David Wright Survey,
that lies north and west of IH 35, east of Airport Road, and south of Lakeway Drive;
and 3.3 acres, more or less, of ROW of Lakeway Drive from Airport road east to IH 35,
being more particularly described in "Exhibit A," and shown in "Exhibit B," which are
attached hereto and incorporated herein by reference for all purposes as if set forth in
2006 Annexation Area 39 Ordinance No. 01 00" 131
Page 2 of 3
full.
Section 4: The Service Plan attached hereto as "Exhibit C" is approved as the Service
Plan for the area.
Section 5: The area is included in City Council District 51
Section 6: The City Council declares that its purpose is to annex to the City of Georgetown
each part of the area described in "Exhibit A" as provided in this ordinance, whether any other part
of the described area is effectively annexed to the City. If this ordinance is held invalid as to any
part of the area annexed to the City of Georgetown, that invalidity does not affect the effectiveness
of this ordinance as to the remainder of the area.
Section 7: 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.
attest.
Section 8: The Mayor is hereby authorized to sign this ordinance and the City Secretary to
Section 9: This Ordinance shall become effective on midnight December 29, 2006.
Passed and Approved on First Reading on the 14th day of November, 2006.
Passed and Approved on Second Reading on the 28th day of November, 2006,
Attest:
8
47
Sandra D. Lee
City Secretary
Approved as to form:
� r
Patricia E. Carls
City Attorney
The City of
By: Gay Nelon
Mayor
2006 Annexation Area 39 Ordinance No.
Page 3 of 3
EXHIBIT A
DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA 39
BEGINNING on the point of intersection of the easterly right -of -way line of Airport
Road, also known as County Road 190, with the northerly right -of -way line of Lakeway
Drive as conveyed to Williamson County, Texas, recorded in Volume 789, Page 935, of
the Deed Records of Williamson County, Texas, same being the most westerly southwest
corner of the 10.47 -acre north remnant tract of a 37.21 -acre tract of land conveyed to
Helen Theresa Goethe and George. Arthur Goethe, described as Parcel 2 in Document
#2004018911, of the Official Public Records of Williamson County, Texas, same being a
point in the easterly boundary line of City of Georgetown Annexation Ordinance #72 -A3,
for the POINT OF BEGINNING hereof,
THENCE departing the said easterly right-of-way line of Airport Road, same being the
said easterly boundary line of City of Georgetown Annexation Ordinance #72 -A3,
proceeding in an easterly direction with the said north right -of -way line of Lakeway
Drive, same being the southerly boundary line of said 10.47 -acre Goethe tract, to the
southeast corner of said 10.47 -acre Goethe tract, same being the southwest corner of the
21.39 -acre north remnant portion of a 31.88 -acre tract of land conveyed to, Lynne E.
Whitt, Mark W. Griffin and Terry C. Griffm, as described in Document #2005073627, of
the Official Public Records of Williamson County, Texas;
THENCE continuing in an easterly direction with said north right -of -way line of
Lakeway Drive, same being the southerly boundary line of the said 21.39 -acre Whitt -
Griffin tract of land, to a point in the westerly right- of-line of Interstate Highway 35,
same being the northeast comer of the 1.45 -acre tract of land conveyed to Williamson
County, Texas, as right-of-way for Lakeway Drive, described in Volume 789, Page 932,
of the Deed Records of Williamson County, Texas, same being a point in the westerly
boundary line of City of Georgetown Annexation Ordinance #66 -A1;
THENCE proceeding in a southerly direction with the said westerly right -of -way line of
Interstate Highway 35, same being the easterly boundary line of said 1.45 -acre Lakeway
Drive right -of- -way tract, same being the said westerly boundary line of City of
Georgetown Annexation Ordinance #66 -A1, to the southeast comer of said 1.45 -acre
Lakeway Drive right -of -way tract, same being the most southerly northeast corner of the
9.04 -acre south remnant tract of said 31.88 -acre Whitt- Griffin tract of land;
THENCE continuing in a southerly direction with the said westerly right -of -way line of
Interstate Highway 35, same being the easterly boundary line of said 9.04 -acre Whitt-
Griffin tract of land, in part with the said westerly boundary line of City of Georgetown
Annexation Ordinance #66 -A1, and in part with the westerly boundary line of City of
Georgetown Annexation Ordinance #65 -A4, to the southeast corner of the 2.373 -acre
tract of land conveyed to Delia C. Griffin and Fayette F. Griffin, described in Document
#2002072799, of the Official Public Records of Williamson County, Texas;
THENCE continuing in a southerly direction with the said westerly right -of -way line of
Interstate Highway 35, same being the easterly boundary line of said 2.373 -acre Griffin
11
tract of land, same being the westerly boundary line of City of Georgetown Annexation
Ordinance 465 -A4, to the most southerly corner of said 2.373 -acre Griffin tract of land,
same being an angle point in the easterly boundary line of the 24.137 -acre tract land
conveyed to Helen T. Goethe and George A. Goethe, described as Parcel 4 in Document
42004018911, of the Official Public Records of Williamson County, Texas;
THENCE continuing in a southerly direction with the said westerly right -of- -way line of
Interstate Highway 35, same being the easterly boundary line of said 24.137 -acre Goethe
tract of land, same being the westerly boundary line of City of Georgetown Annexation
Ordinance #65 -A4, to the southeast corner of said 24.137 -acre Goethe tract of land, same
being the northeast corner of the 4.2163 -acre tract of land composed of Tract One, Tract
Two, Tract Three and Tract Four conveyed to Dean A. Edwards and wife Martha A.
Edwards, described in Document #2003112565,. of the Official Public Records of
Williamson County, Texas;
THENCE continuing in a southerly direction with the said westerly right -of- -way line of
Interstate Highway 35, same being the easterly boundary line of said 4.2163 -acre
Edwards tract of land, same being in part with the said westerly boundary line of City of
Georgetown Annexation Ordinance #65 -A4, and in part with the westerly boundary line
of City of Georgetown Annexation Ordinance #65 -A3, to the southeast corner of the said
4.2163 -acre Edwards tract of land;
THENCE proceeding in a westerly direction with the said westerly right -of= -way line of
Interstate Highway 35, same being the southerly boundary line of said 4.2163 -acre
Edwards tract of land, to the southwest corner of said 4.2163 -acre Edwards tract of land,
same being an angle point in the easterly right -of -way line of said Airport Road, same
being an angle point in the easterly boundary line of City of Georgetown Ordinance #72-
A3;
THENCE proceeding in a northerly direction with the said easterly right -of -way line of
Airport Road, same being the westerly boundary line of said 4.2163 -acre Edwards tract
of land, same being the said easterly boundary line of City of Georgetown Ordinance
#72 -A3, to the northwest corner of said 4.2163 -acre Edwards tract of land, same being
the southwest comer of said 24.137 -acre Goethe tract of land;
THENCE continuing in a northerly direction with the said easterly right -of -way line of
Airport Road, same being the westerly boundary line of said 24.137 -acre Goethe tract of
land, same being the said easterly boundary line of City of Georgetown Ordinance #72-
A3, to the northwest corner of said 24.137 -acre Goethe tract of land, same being the
southwest corner of the 24.9 -acre south remnant portion of the said 37.21 -acre tract of
land conveyed to Helen Theresa Goethe and George Arthur Goethe, described as Parcel 2
in Document #2004018911;
THENCE continuing in a northerly direction with the said easterly right -of -way line of
Airport Road, same being the westerly boundary line of said 24.9 -acre Goethe tract of
land, same being the said easterly boundary line of City of Georgetown Ordinance #72-
- A3, to the most westerly northwest corner of said 24.9 -acre Goethe tract of land, same
being the southwest corner of the 1.84 -acre tract of land conveyed to Williamson County,
Texas, as right -of- -way for Lakeway Drive, described in Volume 789, Page 935, of the
Deed Records of Williamson County, Texas;
THENCE continuing in a northerly direction with the said easterly right -of- -way line, of
Airport Road, same being the westerly boundary line of said 1.84 -acre Lakeway Drive
right -of- -way tract of land, to the POINT OF BEGINNING hereof;
This document was prepared under 22 §TAC 663.21, does not reflect the
results of an on the ground survey, and is not to be used to convey or
establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
DI"OND SUR VEYING, INC.
P.O. BOX 1937, GEORGETOWN, TX 78627
(512) 931 -3100
SHANE SHAFER, °R.P.L.S.
Annexation Area 39
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Exhibit C
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA NO. 39
COUNCIL DISTRICT NO. 5
DATE: DECEMBER 29, 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 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 "2006 Annexation Area 39 ". 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 October 10, 2006 and October 24, 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 municipal
services in accordance with the timetables required by the LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by
available to the annexed area immediately upon annexation; (�
available to the annexed area within 21/2 years from the effective
those services for which capital improvements are needed and
41/2 years from the effective date of the annexation based upon
such improvements as set forth herein,
those services which are (1)
!) those services which will be
date of the annexation; and (3)
which will be available within
a schedule for construction of
Annexation Service Plan for 2006 Annexations Page 1 of 13
For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and 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, and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(g)
area had a lower level of services, infrastructure,
being provided by the City to other areas within
allow for the provision to the annexed area
infrastructure maintenance that is comparable
infrastructure maintenance in other parts of the C
density similar to those reasonably contemplated
of the LGC, if before annexation the annexed
and infrastructure maintenance than the same
the City limits, this Plan shall be construed to
of a level of services, infrastructure, and
to the level of services, infrastructure, and
ity with topography, land use, and population
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 I area consisting of:
fire suppression and rescue; emergency response to 9 -1 -1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Waste Collection - Upon annexation, for occupied structures, the City 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
ordinances, standards, policies and procedures. Per
020 of the Unified Development Code ( "UDC "), for
area, the City shall not repair, maintain, install or
services in any subdivision for which a Final Plat h
for record, nor in which the standards contained in
have not been complied with in full.
Annexation Service Plan for 2006 Annexations
Area Annexation Area 39
shall be governed by the City's
the provisions of Section 13.01.
unplatted tracts in the annexed
provide any public utilities or
as not been approved and filed
the UDC or referred to therein
Page 2 of 13
5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will
provide preventative maintenance of the existing public streets and roads in the
annexed area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring,
crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a City -wide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City's preventative maintenance program.
Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of Georgetown that adequate street lighting for the protection of
the public and property be installed in all new subdivisions. Installation procedures
and acceptable standards for street lights shall be governed by the utility standards
of the City in effect at the time of subdivision construction or addition thereto.
b. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
- Should the City acquire any buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
8. Library - Upon annexation, library privileges will be available to anyone residing in
the annexed area.
9. Planning and Development Services; Building Permits and Inspections - Upon
annexation, the City's Unified Development Code and Title 15 of the City Code of
Ordinances will apply in the area. These services include: site plan review, zoning
approvals, Building Code and other standard Code inspection services and City
Code enforcement; sign regulations and permits; and Stormwater Permit services.
For a full description of these services, see the City's Unified Development Code and
Title 15 of the City Code of Ordinances.
Page 3 of 13
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 — 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.
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non- residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development
of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to any
part of the annexed area that is within the service area of another water or wastewater
utility. For annexed areas located within the City's authorized service areas, the City
shall, subject to the terms and conditions of this Plan, extend water and wastewater
service in accordance with the service extension ordinances, policies, and standards that
are summarized in Section X of this Plan, which may require that the property owner or
developer of a newly developed tract install water and wastewater lines. The extension
Annexation Service Plan for 2006 Annexations Page 4 of 13
Area Annexation Area 39
O D. A001oftl5l hibJT
of water and wastewater 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 Capital Improvements Schedule — Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/2 years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
1/2 years from the effective date of annexation and will be substantially complete within 4
1/2 years from the effective date of annexation. However, the provisions of Section VII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City succeeding to the powers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
4. Roads and Streets — No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Plan; the City's regular or non - impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
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
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of God;
terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature
Annexation Service Plan for 2006 Annexations Page 5 of 13
Area Annexation Area 39
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.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is proceeding with
all deliberate speed. The construction of the improvements shall be accomplished in a
continuous process and shall be completed as soon as reasonably possible, consistent with
generally accepted local engineering and architectural standards and practices. However, the
City does not violate this Plan if the construction process is interrupted for any reason by
circumstances beyond the direct control of the City.
VIII, AMENDMENTS
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.
Annexation Service Plan for 2006 Annexations
Area Annexation Area 39
® m 9xv i 3i 3Ci's
Page 6 of 13
In addition, these policies and ordinances are set by City Council and can be amended in the
future:
1. In General -- The provisions of Chapter 13 of the City's Unified Development Code
( "UDC ") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances.
Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of
Ordinances are summarized below. Note that these provisions are established by
ordinance of the City Council and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services,
wastewater service, gas, electricity or any other public utilities or services to any
property that has not been legally subdivided or is a non -legal lot.
B. For property that is required by the City's UDC or other City regulations to
construct water or wastewater facilities, funding and construction of those
facilities are the responsibility of the property owner or developer (the
"subdivider ").
C. Subdividers shall be responsible for providing an approved public water supply
system for fire protection and domestic/ commercial / industrial usage consistent
with the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case
less than one - quarter mile away, and connection to the system is both possible
and permissible (including adequate system capacity), 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
Ease less than one -half mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing sanitary
sewer system. Where an approved public wastewater collection main or outfall
line is more than one -half mile away from the property boundary, and where
extension of a sanitary sewer collection main or outfall line is scheduled in the
City's Capital Improvements Plan to be completed to a point within one -half
mile of the property boundary within five (5) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
wastewater collection system. The design and construction of a public sanitary
Annexation Service Plan for 2006 Annexations Page 7 of 13
Area Annexation Area 39
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 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
property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is
a legal lot greater than one acre in size and used for single family residential purposes,
the property shall continue the use of a septic system after annexation until such time
that the use of the property changes, the property is further subdivided or developed, or
a public sanitary sewer line has been extended. to within 200 feet of the property
boundary and the property owner has received notification from the City of the City's
desire for the property to be connected to the public sanitary sewer line. If the septic
system fails before the City's centralized wastewater service is extended to within 200
feet of the property and the City determines that the provision of centralized wastewater
service is not feasible or practical at that time, then the property owner must either
repair or replace the septic system in accordance with the provisions of Section 13.20 of
the City Code of Ordinances. Properties using a septic system that are not in a Rural
Residential Subdivision , or are not legal lots greater than one acre in size and used for
single family residential purposes at the time of annexation, but that are designated as
Annexation Service Plan for 2006 Annexations Page 8 of 13
Area Annexation Area 39
WWI
either residential, open space or agricultural on the City's Future Land Use Plan shall
continue the use of a septic system until such time that the use of the property changes,
the property is further subdivided or developed, or a public sanitary sewer line has been
extended to witl -in 200 feet of the property boundary and the property owner has
received notification from the City of the City's desire for the property to be connected
to the public sanitary sewer line.
5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of
the UDC, the City, in its sole discretion and with City Council approval, may participate
with a property owner or developer in the cost of oversized facilities or line extensions.
n-ie actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6, City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
Section 13.10.010 Policy established.
This policy shall apply to improvements to the City's utility systems, including system upgrades,
system expansion, and plant capacity additions. In this Section, the term "utility system" shall
mean the City's water system, wastewater system, reuse irrigation system, and stormwater
drainage system.
Section 13.10.020 System Planning.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
proper service levels to existing customers.
Section 13.10.030 Proiect Timing.
A. Projects designed to expand or upgrade a utility system must be completed and
ready for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible, the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
Co Projects should begin the design phase when existing demand at a specific
location exceeds 75% of current capacity and future demand is expected to exceed the
current total capacity.
Annexation Service Plan for 2006 Annexations Page 9 of 13
D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service Plan for such annexed tracts.
Section 13.10.040 Project Financing.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 1' ).09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at
the City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service
area, the City shall evaluate degree to which the project 1) facilitates contiguous growth,
2) maximizes the provision of service to the service area, 3) enhances economic
development, 4) improves system operations, 5) contributes to conservation or other
environmental concern, and 6) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at a
specified rate of interest, 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
Sec. 13.20.010. General,
A. It is unlawful for any owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish,
maintain or use any water closet, bathtub, lavatory or sink except by one of the
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
1. connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
Annexation Service Plan for 2006 Annexations Page 10 of 13
Area Annexation Area 39
appropriate state and local agencies having jurisdiction over such
facilities; or
2. connection
to a public
centralized wastewater
collection main with all
wastewater
discharged
to a centralized public
wastewater collection
system.
B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
Sec. 13.20.020. On Site Sewage Facilities.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availability of a Public Centralized Wastewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility servicing the property, or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200 -feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner;
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary, the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters 13.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage Facility may be repaired or replaced.
(Prior code § 12 -101)
Annexation Service Plan for 2006 Annexations Page 11 of 13
Area Annexation Area 39
ORD* ADO " 131 eKAJ bi*4 C
See. 13.20.030. Privies prohibited.
It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
Sec.13.20.040 Low Pressure Sewer Systems
A. A "Low Pressure Sewer System" is an individual lift station located at each utility
customer or property owner location having a private force main connecting to a
public force main or gravity main located in a public utility easement or public
right -of -way.
B. Each property owner and utility customer shall be responsible for the cost of
installation and maintenance of the individual lift station and private force main.
Section 13.20.050. Prohibited Discharges into Sewer System
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system, waste or wastewater from any of the following sources
unless allowed by the City Manager, or his /her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13.24 of the Code of Ordinances.
B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or
yard drainage;
C. Any unpolluted water, including, but not limited to, cooling water, process water
or blow -down water from cooling towers or evaporative coolers;
D. Any wastes or wastewater, or any object, material, or other substance directly into
a manhole or other opening into the sewer facilities other than wastes or
wastewater through an approved service connection.
E. Any holding tank waste, provided, that such waste may be placed into facilities
designed to receive such wastes and approved by the City Manager, or his /her
designee.
Section 13.20.060 Sewer System Maintenance
A. For properties with gravity wastewater service, the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the sewer system in the building and the service lateral between the building
and the point of connection into the public sewer main.
B. For properties with
low
pressure service, the
property owner and utility customer
shall be responsible
for
the proper operation,
maintenance,
and repairs of the
Annexation Service Plan for 2006 Annexations Page 12 of 13
sewer system in the building and the service lateral, lift station (grinder pump)
and force main between the building and the point of connection into the public
sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a private
service lateral or force main where a repair is necessary to prevent infiltration or
inflow, the property owner and utility customer shall be responsible to cause the
repairs to be made within one (1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City, City may
engage the services of a contractor to make the necessary repairs with the costs
for such repairs to be paid by the City and subsequently charged to property
owner and utility customer.
Annexation Service Plan for 2006 Annexations Page 13 of 13
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