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HomeMy WebLinkAboutORD 2005-02 - ANX Chapman Tract41RDINANCE NO. I` 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 5.04 ACRES, MORE OR LESS, IN THE JOSEPH P. PULSIFER SURVEY, AS DESCRIBED IN EXHIBIT A OF THIS ORDINANCE; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY OF GEORGETOWN, TEXAS AND NOT BEING A PART OF ANY INCORPORATED AREA; PROVIDING FOR SERVICE PLANS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met; and WHEREAS, the 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. Q 0 Annnvnfinn of R Ad Arrnc ('.hnmmnn Trnrf 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 economic 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: 5.04 acres, more or less, in the Joseph P. Pulsifer Survey, 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. The 5.04 acres, more or less, in the Joseph P. Pulsifer 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 dayof December 2004, PASSED AND APPROVED on Second Reading on the j4 dayof :001 Ordinance No. Annovatinn of r, OA drroc ('.hnnman Trnrt A=C:QT• Jd[IU[d U. LUd City Secretary APPROVED AS TO FORM: r' tru' Patricia E. Carls City Attorney Ordinance No. Annovn+inn of R nA Ar%roc (`.hmmmnn Trnr%f THE CITY OF GEORGETOWN: 1-17-2003 9:47Pt4 FP' J1A EXHIBIT A LEGAL DESCRIPTION BILL CHAPMAN A BEING 5.04 acres of land, situated in the Joseph i'. Pulsifer Survey, Abstract No. 493, in �� iliianuon County, Texas, said land being a portion of that certain tract of land, called '10SM acres. Savc and Except Tract One, called 2.00 acre., and Trac Two, called 0.59 of 'an acre, tonveyed to NSJS Limited Partnership by decd recorded as Document No. 19998461.7 of the 'Official Records of Williamson County, Texas, Surveyed on the ground in the months of April, 2003 and August, 2004, under the supervision of Don H. Bizzell, Registered Professional land �urvcyor, and being more particularly described as follows; 0 3EGINNING at an iron pin found on the south line of County Road No. 265, marking the �Nornccast corner of the above -referenced NSJS Limited Partnership tract, being the Northwest 'corner of Lot 1, of Bonnctt Subdivision. a subdivision of record in Cabinct 0, Slide .119, of the Iliac Records of Williamson. County Texas, for the Northeast corner hereof; :iilrNCE, ainnb thesaid cast ling of the said NSJS Limited Pat'ttlership tract, being the west line 4 the said hot 11 S 2° 19' 30" E, 473.53 feet to an aluminum cap in concrete in a large track bund on the new north right -of -gray of Skate Highway No. 29, marking the Northeast corner of hat certain Tract 1, called 0.226 of an acre,, as conveyed to the City of Georgetown by deed ccorded as Document No. 2004064765 of the Official Records of Williamson County, Texas, or the Southeast corner hereof; I HENCE, along the said new north right-of-way of State Highway No, 29, S 870 440 W, 498.58 eet to an aluminum cap in concrete on, it rock border found at the intersection of the said new ;tight -of -way of State Highway No. 29 and the cast right-of-way of River Chase Boulevard, as Shown on the plat of River Chase, a subdivision of record in Cabinet 0, Slide 186, of the Plat El Records of Williamson Counw, Texas, being the west line of the eaid NSJS Limited Partnership tract, for the Southwest corner hereof; WHENCE, along the said east line of River Chase Boulevard, as follows; along a curv(p. to the right. (Radius = 25.00 feet, Wn; Chord hears N 1' 44' W, 4.00 feet), an, arc distance of 4.00 feet ; ) an iron pin found; Thence, N 2' 40' Vb', 20.78 fe:,t to an iron pin found ai the beginning of a curve to the left, (Radius = 379.98 feet, Tong Chord bears N 12` 14' W, 13().83 feat); ?" Thence, along the said curve for an arc dist,mcc of 131.48 feet to an iron pin found; Thence. N 22` 05' NI", 191.14 feet to an iron pin found at the intcrscction of the said east ;a line of River Chase Boulevard and the said south lire of County Road No. 265, marking the Northwest corner of the sail NSJS Limited Partnership tract, for the Northwest corner hereof; TI•Ii NCE, along the said south iin� of Count' Ro< J No. 265, N ?10 53' 3{)> E- 53o.68 feet to an iron pip found and N 74 23" E, 04.19' feet to the Place. of BEGINNING and containing 5.04 acres of land. TATE OF TEXAS } ICNOW ALL HIEN 13Y THESE. PRESENTS: COUNTY OF WILLIA1v450N } I'? Don If. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no Apparent discrepancies, conflicts, overlapping of improvements, visible utility lime or roads in lace, except as shown on the accompanying plat, and that said 'property has access to and from a public roadway, 10 the best of my knowledge and belief. o ce•,n1lfv which, witness my h7dnal seal ateorgctown, Williamson County, Texas, this the w day 20()41 A.D. Profess, a State of Tex:+s 5-Id-3.doc S 10 1 n H. Bizzell 2218 Engineering, Inc. TpwP "N. n,s> W 6412 P. 2 EXHIBIT C City of Georgetown Municipal Service Plan Introduction. Requests have been received from the Bill Chapman to annex a 5.04 acre tract out of the Joseph P. Pulsipher 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 43.456(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: I. 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 arulexation 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 (Includinty 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 Citv A) Existing services: Water 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 Lighting 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. PlanninLy and Zonin 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 (Includiu(.Y 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. XV. 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 proceedinOA g with all deliberate speed. However, the city does DRD", e .. V not violate this service plan or the Texas Local Government Code if the of 4 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. XVII. Fiscal Analysis 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.