HomeMy WebLinkAboutORD 2005-01 - ANX Chapman TractJ*VDINANCE NO. 4QO05 CA,
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 5.24 ACRES, MORE OR LESS, IN THE
JOSEPH P. PULSIFER AND CLEMENT STUBBLEFIELD SURVEYS, 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 areas proposed for annexation are 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
February 24, 2004; and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on November 9, 2004, and November 23, 2004; and
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the
City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
Ordinance No. Q005" 1
Annexation of 5.24 Acres, Chapman Tract
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: Citizens of Georgetown experience a stable, self-sustaining
economy with expanding job opportunities.
2. Policy Statement. Georgetown's natural and physical resources are managed so
that citizens enjoy the benefits of econorrmc and social development.
3. Policy Statement: Citizens, business owners and organizations enjoy the benefits
of well-planned land usage in which conflicting needs are balanced.
and further finds that the
enactment of this ordinance
is not inconsistent
or in conflict with any
other
Century Plan Policies, as
required
by Section 2.03 of
the Administrative
Chapter of the Policy
Plan,
SECTION 2. The City Council of the City of Georgetown hereby annexes: 5.24 acres in
Joseph P. Pulsifer and Clement Stubblefield Survey, located approximately .75 miles west of IH 35
and north of State Highway 29, as described in Exhibit A of this ordinance, as shown in B of this
ordinance, which contains the property descriptions for the tracts. Exhibit C contains the service
plan.
SECTION 3. 5.24 acres in Joseph P. Pulsifer and Clement Stubblefield Survey, as described
in Exhibit A of the is ordinance, is included in City Council District 3, as it is adjacent to Council
District 3 and no other City Council Districts.
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are hereby declared to be severable.
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 14th day of December 2004.
PASSED AND APPROVED on Second Reading on the ` dayof2005.
Ordinance No. ® /
Annexation of 5.24 Acres, Chapman Tract
Page 2 of 3
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No. A
Annexation of 5.24 Acres, Chapman Tract
THE CITY OF GEORGETOWN:
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EXHIBIT A
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1
Li;,iAL DESCRIPTION
BEING 5.24 acres of land, situated in the Joseph P. Pulsifcr. Survc , Abstract No. 498. Hud the
Cler`neta Stubblefield Survey, Abstract No. 558,. in Williamson County, Texas. said )and ling a
portion of that certain Tract One, called 2.54 acres and a portion of that certain Trac: Two, called
4.00 acres, as conveyed to William M. Booth DBA Westingbousc Road Ventures by deed•
rec9rded as Document No. 2002018646 of the Official Records of Williamson County, Texas,
andrns co„veycd to Bill J. Chapman and wife. P.D. Chapman, by dccd recorded as Document No.
20000163 % of the Official Records of Williamson County, Toxas. Sun•cyed on the wound in
the :months of lrebn;ary, 2(04 and Aupst. 2(X)4, under the supervision of Don H. 13i77•ell,
Reostcrcd Professional Land Surveyor, and being inure particularly described as follows;
BEC INNING at an iron pin set on the south line of County Road No. 265, for the Northeast
coni er of dic above -referenced Tract One, being the Northwest corner of the Citizens Memorial
Garfieu Ccinetery (being the remainder of that certain tract of land, called 12/10 acres, us
conveved to R.H. Ward, Mayor of the City of Georgetown, Tcxas. by dccd as recorded in Volume
11' Paoe 173, of the Decd Records of Williamson Coun(y, Toxaw), for the Northeast corner
herQof,
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THENCE, along the west line of the said Citizens Memorial Gardcn Cemetery. S 17' 31' 30" E,
239904 feet to an iron pin set for the Southeast corner of the said Tract One, being ebc Northcast
line¢o:f the above -referenced Tract Two, and S 17* 32' E, 310.09 feet to the center of a 0.8 foot in
diaEliater concrete monument found oil, or near, the south line of the Joseph P. Pulsifer Survey,
Abnract No. 498, and the north line of the Clcmcnt Stubblefield Survey_ Abstract No. 558,
marking the Southwest ca:oar of the said Citizens 14cmorial Oard,In Cemetery, being the
Norjhyycst corner of that certain tract of land, called 0.33 of an acre, as conveyed to A-T¢x Water
I'roiifittc, Inc., of re-, ord in Volume 1160, Page S09, of the Official Records of Williamson
Cuui:ty, Texas, from said point a fence: curner bears S 8" 50' E, 2.3 feet and continuing along
fhe +Vest of line of the said A-Tcz Water Proofing, Inc. tract. S 17" 38' E, S1.U8 feet to ail
aluit,;nurn disc found marking the most easterly Northcast corner of that stain Trac: 1, called
0.4i5 of an acre, as eonvcyed to the City of Georgetowu by dccd recorded a; Document No.
2004059',72? of the Official Records of Williamson County. Tcxas. for the Southca5t corner
ltcr�ft
riltINCE, along the said new north line of State highway No. 29, S 89' 58' 30" W, passing the.
aura line of Elie Clement Stubblefield Surrcy, Absimct 553 and the south line of the Joscph P,
Pu 'i
Su<vev, Abstract No. 498, .for a total distance of 393.75 feet. ir, all, to couerctc mark on
a wood hub found acid N 44` 57' W, 70.79 feet to a mark, or a wood hub found marking the most
we.(�zrly Northeast corner of the :aid Tract 1. being the Southeast corner of that certain Tract II
eallcd 0.892 acres, as conveyed to the City of Georgetown by deed recordnd as DocurnAnt No.
2U{}�t0jg72 % of the Official Records of WiiliamSnn County, Texas, being the itticrscction of the
new"j north line of State I-bul wa}No. 29 and the rcw cast line of County Road No. 265N, for the
Sou#hwest corner hcrcor';
J
3
THIINCE, along the east line of the said Tract 11. being the said new east line of County Road
No. 256N, as follows; N 0' 0t)' 30" L, 135,32 feet to an aluminum disc found at the
;? beginning of a curve to the left, (Radius = 339.99 feet, Long Chord bears
I N 15' 34' 30" W', 132,70 feet);
The:nce. along the said curve, passing the north line of the said Tract Two and the south
'lime of the said Tract Onc, for a total are distance of 184.44 feet to an aluminum disc:
found at the beginning of a curve to the. right. (Radius = 286.96 feet. Long Chord bears
N 16' 20' 30" N', 146.35 feet);
;j Thence, along the said curve for an are distance of 147.98 feet to an aluminum disc
found;
1 Thence, N 1' 36' W. 75,02 feet to an aluminum disc found and N 44' ,5.3' 30" L, 27.99
3 feet to an iron pin found on the north Linc of the said Tract One, markh)g the Northcast
corner of 0it said Tract 1t, being at the intersection of the said new east iinc of County
Road No. 245N, for the Northwest corner hereof:
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ICE, along the said south line of County Road No, 265; S 86° 017 f'-, 341.17 feet to the
of BEGINNING and containing 5.24 acres of land.
OF TEY.AS }
KNOW ALL MEN BY THESE FRESENTS:
OF WILL IAIYISON }
n H. Bizzell, Registered Professional Land Surveyor, do hereby certify Lha(this survey was
on the ground of the property iegaily described hereon and is correct, and that there are no
•cnt discrepancics, conflicts, overlapping of improvements, visible utility lines or roads in
, cxecpt as shown on the accompanying plat, and that said property has access to and frorn a
c roadway, to the best of my knowledge and belief.
Phich, witncss my hand,�Zj seal at I eorgetown, Williamson County, Tcxas, this the
r day of xl'r::k yvX / 2 ,20K A.D.
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rep Don H. Bizzell
fession nd Survcvor, No. 2218
State of Texas
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EXHIBIT C
City of Georgetown Municipal Service Plan
Introduction.•
Requests have been received from the Bill Chapman, P.D. Chapman and William Booth
to annex a 5.24 acre tract out of the Joseph P. Pulsipher and Clement Stubblefield Survey,
into the City of Georgetown. The property is located between State Highway 29 and
County Road 265 and will adjoin the present City limits.
A legal description of the property is attached.
The area is undeveloped and there are no residential structures and no one residing on the
property. The topography is similar to the property in the area of County Road 265.
This service plan has been prepared in accordance with Section 43.056 of the Texas
Local Government Code.
NOTE: This annexation was initiated by the petition or request of the owners of
land in the annexed area. As is stated in Section 43.056(e) of the Texas Local
Government Code, the requirement that construction of capital improvements must
be substantially completed within the period provided in this service plan does not
apply to a development project or proposed development project within an area
annexed at the request or on the petition of the landowner when the City and the
landowners subsequently agree in writing that the development project within that
area, because of its size or projected manner of development by the developer, is not
reasonably expected to be completed within that period.
Schedule of Municipal Services to be Provided
Municipal facilities and services to the annexed area will be made available or provided
by the City within 2 1/2 years following the date of annexation, unless otherwise specified
below:
L Police Protection
A) Existing services: None
B) Services to be provided: Police protection personnel and equipment from the
city police department shall be provided to the annexed area, beginning on the
effective date of the annexation ordinance, and shall be provided at the same
level of service as currently provided throughout the city.
C) Animal control services will be provided in the area when requested.
II. Fire Protection (Includin(.y Emer2encv Ambulance
A) Existing services: None
B) Services to be provided: Fire protection personnel and equipment from the
city fire department shall be provided to the annexed area, beginning on the
effective date of the annexation ordinance, and shall be provided at the same
level of service as currently provided throughout the city.
III. Solid Waste Collection
A) Existing services: None
B) Services to be provided: Solid waste collection shall be available to the
annexed area on the same basis and at the same level as provided throughout
the city. However, no obligation exists for the city to provide waste collection
services to a person who uses the services of a privately -owned solid waste
management provider.
IV. Water Service in the Service Area of the City
A) Existing services: Nater service is currently provided in this area.
B). Services to be provided: Continue in the same manner.
V. Sanitary Sewer Service
A) Existing services: Sanitary sewer is currently constructed to adjacent
properties.
B) Services to be provided: Connection in accordance with the development
process.
VI. Maintenance of Roads and Streets
A) Existing services: None
B) Services to be provided: Street maintenance and other street services shall be
provided to the annexed area on the same basis and at the same level as
provided throughout the city.
VII. Parks and Recreation
A) Existing services: None
B) Services to be provided: All of the city parks and recreational facilities shall
be available for use by residents of the annexed area, beginning on the
effective date of the annexation ordinance.
VIII. Library Service
A) Existing services: City library facilities are presently available.
B) Services to be provided: All of the city library facilities shall be available for
use by residents of the annexed area, at no cost beginning on the effective date
of the annexation ordinance.
IX. Street Liehtin
A) Existing services: None
B) Services to be provided: The city shall provide to the residents of the annexed
area the same type services for placement of street lights that are currently
provided to any other area of the city.
X. Traffic Engineering
A) Existing services: None
B) Services to be provided: Similar traffic engineering will be provided to
annexed areas as is currently being provided to other areas of the city.
XI. Planning and Zoning
A) Existing services: None
B) Services to be provided: The planning and zoning jurisdictions, including the
subdivision platting process of the city, will extend to the annexed area on the
effective date of the annexation ordinance.
XII. Storm Drainage (Including Flood Plain_ Regulations
A) Existing services: -None
B) Services to be provided: Similar storm drains will be provided as is currently
being provided to other similar areas of the city in on the same basis and at the
same level as provided throughout the city.
XIII. (Building Inspection - Code Enforcement
A) Existing Services: None
B) Services to be provided: On the effective date of the annexation ordinance,
building inspection personnel and equipment from the city building inspection
department shall be provided to the annexed area. On the effective date of the
annexation ordinance, all building permits and related construction permits
will be issued in accordance with existing city ordinances resolutions,
regulations, and building codes. On the effective date of the annexation
ordinance, on site inspection services of new construction will be provided.
On the effective date of the annexation ordinance, the Planning and
Development Department will provide consultation with the developers
concerning site plans and building code requirements.
XIV. Miscellaneous
All other applicable municipal services will be provided to the area in accordance
with policies established by the City.
Capital Improvements
The construction of any such improvements shall be in accordance with the terms
of this service plan, which may be amended to extend the period for construction
if the construction is proceeding with all deliberate speed. However, the city does
not violate this service plan or the Texas Local Government Code if the
construction process is interrupted for any reason by circumstances beyond the
direct control of the city.
XVI. Level of Service
Nothing in this plan shall require the city to provide a uniform level of municipal
services to each area of the city, including the annexed area, if different
characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
XVIL Fiscal Analvsis
The provision of services to the annexed area will have little cost impact on the
City of Georgetown's General Fund or on the utility ratepayers.
XVIII. Term
This service plan shall be valid for a term of ten (10) years.
XIX. Amendments
This plan shall not be amended unless public hearings are held in accordance with
Section 43.0561 of the Texas Local Government Code.
North of State Highway 29 and South of County Road 265.
N