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Home My WebLink AboutORD 2005-25 - ANX Sun City 28ORDINANCE rD• .aW .:., L ORDINANCE i1 PROVIDING lit iTHE .. CERTAIN i iiS. t i OF THE CITY OF GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY 6.69 f. L i rr i OR LESS, IN THE FREDERICK i SURVEY, 1 DESCRIBED i R ORDINANCE; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT s i'i GEORGETOWN, AND NOT BEING OF INCORPORATED SERVICE PLANS; REPEALING ORDINANCESAND RESOLUTIONS; INCLUDING A SEVERABILITY 1 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 wl WHEREAS, the owners of the area proposed for annexation submitted a petition in VWiting 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 sparseiy 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 quniified 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 9, 2005; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on March 8, 2005, and March 22, 2005; 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.ISO Ani,exatic;? of 6.6.0 Acres, Sun Cit;/ Neighborhood 28 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 her 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 Pian. SECTION 2. The City Council of the City of Georgetown hereby annexes: 6.69 acres, more or less, in the Frederick Foy 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 6.69 acres, more or less, in the Frederick Foy Survey, as described in Exhibit A of the is ordinance, is included in City Council District 4, as it is adjacent to Council District 4 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 12`h dayof April 2005 PASSED AND APPROVED on Second Reading on the Ordinance No. _ 005" Annexation of 6.69 Acres, Sun City Neighborhood 28 Page 2 of 3 day of ATTEST: _ 4C, ZZ14 Sandra 0. Lee City Secretary EMLOUTr • • C— 5 E. Carts City Attorney Ordinance No. ,annexation of 6.69 Acres, Sun City Neighborhood 28 Page 3 of 3 THE CITY OF GEORGETOWN: EXHIBIT A METES AND BOUNDS DESCRiPiION PLANNED UNIT DEVELOPMENT OF SUN CITY GECROETOWN, NEIGHBORHOOD TWENTf EIGHT 6.690 ACRES FREDERICK FOY SURVEY, ABSTRACT 229 WILLIAMSON COUNTY, TE:AAS BEING A 0.690 ACRE TRACT. OF LAND IN THE FREDERICK FOY SURVEf, AP.STWT 229 IN WILLAMSON COUNTY, ITXAS. Olfi OF A CALLED 42.964 ACRE TRACT CONVEYED TO DEL WEEB TEXAS LIMITED RECORDED IN DOCUMENT NO, 9558177, OF THE OFFICIAL RECORDS OF WILLAMSON COUNTY. TEXAS (O.R.W.C.T.), SND 6.690 ACRE TRACT BEING MORE PARTICULARLY LOCATED AND DESCRIBED AS FOLLOWS WITH ALL BEARINGS 8EiNG REFERENCED i0 THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83(93 HARN DATUM WITH DISTANCES !:CNVER E TO SURFACE By A COMBINED SCALE FACTOR OF 1.000143965: BEGINNING AT A POINT LOCATED ON THE NORTHWESTERLY SIDE OF DOVE HOLLOW TRAIL (50 -FOOT R.O.W) AS ASSOCIATED V41TN THE PLANNED UNIT DEVELOPMENT OF SUN CITY NEIGHBORHOOD S1XIEEN-A FINAL PLAT. N 56 038'13' E, 120.00 FEET TO A POINT ON THE ARC OF THENCE 84.17 FE' ALONG THE ARC OF A CURVE TO THE LEFT, RAYING A MORAL ANGLE OF C9 '32'57, A RADIUS OF 505.00 FEET AND A CHORD WHICH BEARS S 31 '18'28" E 84.07 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE S 36 '04'57T E, 126.15 FEET TO A POINT FOR CORNER: S 19 '41'35 E, 142.66 FEET TO A POINT FOR CORNER; THENCE S 08 422'00' E. 377.78 FEET TO A. POINT FOR CORNER; THENCE S THENCE S 53 '55'0.1 W, 130.00 FEET TO A POINT FOR CORNER; THENCE N 33 643'30' W, 121..55 Fcl TO A POINT FOR CORNER; THENCE N 31 '5VOT W, 101.07 FEET TO A POINT FOR CORNER; THENCE N 22 440'51' W, 101.66 FEET TO A POINT FOR CORNER; THENCE N 14 '01'16" W, 40.22 FEET TO A POINT FOR CORNER; THENCE N 08 '22'13" W, 61.73 FEET TO A POINT FOR CORNER; THENCE N 08 '23'16' W, 39.25 FEET TO A POINT FOR CORNER; THENCE N C8 '22'00" W, 495.00 FEET TO A POINT FOR CORNER;- THENCE ORNER;THENCE N 08 '5411' W, 83.,77 FEET TO A POINT FOR CORNER; THENCE N 14 454'GT W, 82.43 FEET TO A POINT FOR CORNER; THENCE N 22'`7.13' 'W, 82.42 FEET TO A POINT FOR CORNER; THENCE N 29 '4016" W, 82.42 FEET TO A POINT FOR CORNER; THENCE N 56 038'13' E, 120.00 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE FOR CORNER; THENCE 79.18 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 05 458'!0', A RADIUS OF 780.00 FEET AND k A C40RD WHICH REARS N 36 7.0'52" W, 79.141 FEET TO A POINT FOR CORNER ON SAID ARC; THENCE N 49 '311530 E, 50.01 FEET TO A POINT FOR CORNER; THENCE N 42 '52'44" E, 96.29 FEET TO A POINT FOR CORNER; THENCE S 38 '48'19' E, 262.23 FEET TO A POINT FOR CORNER; THENCE S 19 '41'35 E, 142.66 FEET TO A POINT FOR CORNER; THENCE S 08 422'00' E. 377.78 FEET TO A. POINT FOR CORNER; THENCE S 10 447'39' E, 59.55 FEET TO A POINT FOR CORNER: THENCE S 28 '44'25 E, 150.42 FEET TO A POINT FOR CORNER; 1 THENCE S 32 '56'01' E, 91.02 FEET TO A POINT FOR CORNER: THENCE S 53 '55'03" W, 115.00 FEET TO A POINT FOR CORNER; THENCE N 36 '04557' W, 133.76 FEET TO A PONT OF CURVATURE FOR CORNER; THENCE 75 83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 09 '32'ST, A RADIUS OF 455.00 FEET AND A CHORD WHICH BEARS N 31 '18'28' 'W, 75.75 FEET TO A POINT FOR CORNER ON SAID ARC; THENCE S 63 428'01' W, 50.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 6.6890 ACRES OF LAND. ANNEXA TION EXHIBIT FOR PLANNED t:NMr DEVELOPMENT OF SUN CITY GEORGETOWN, NEIGHBORHOOD TWENTY EIGHT SHEET 2 OF 2 EXHIBIT C City of Georgetown Municipal Service Plan Introduction: Requests have been received from Del Web Texas, LTD, and their designated agent, per the February 14, 1995 Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., L.P., referred to collectively herein as "Petitioners" or Owners", to annex: 45.399 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16, for Sun City Neighborhoods 22 and 23. 6.69 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16, for Sun City Neighborhood 28. 26.365 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 20, for Sun City Neighborhood 29. 31.88 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 23 and White Wing Golf Course, for Sun City Neighborhoods 30 All of the subject properties generally lie adjacent to Sun City Boulevard and White Wing Golf Course at the Northwestern edge of Sun City Texas. Legal descriptions of the property are attached as Exhibit A and Exhibit B of the annexing ordinances. The area includes no residences, and where less than three qualified voters reside. The topography is similar to the property in the area west of Interstate 35 and North of Williams Drive. 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 mannea of development by the developer, is not reasonably expected to be completed within that period. The City of Georgetown has entered into a Development Agreement with Del Webb Texas, LTD, on February 14, 1995, with subsequent amendments. The Development Agreement is a method by which the City of Georgetown has extended services to similar areas of the City, consistent with Section 43.065(a) of the Texas Local Government Code. 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 '/2 years following the date of annexation, unless otherwise specified below: 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. Service Plan: Annexation of Sun City Neighborhoods 22, 23, 28, 29 and 30 1 ll. Fire Protection (Including Emergency 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. Ill. 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: None B) Services to be provided: Water service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. 4V, Wastewater Service A) Existing services: None B) Services to be provided: Wastewater service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. VI. Maintenance of Roads and Streets A) Existing services: None B) Services to be provided: For City streets, 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 the same level of service as currently provided throughout the City, beginning on the effective date of the annexation ordinance. IK Street Lighting A) Existing services: None B) Services to be provided: Street Lighting will be provided per the February 14, 1995 Development Agreement, with subsequent amendments. X. 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. Service Pian. Annexation of Sun City Neighborhoods 22, 23, 28, 29 and 30 2 XI. 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 Services Division will provide consultation with the developers concerning site plans and building code requirements. XII. Miscellaneous All other applicable municipal services will be provided to the area in accordance with policies established by the City. Xlil, Utilitv Svstem Capital Improvements The construction of any utility system capital improvements shall be in accordance with the terms of the Development Agreement. The Development Agreement and this service plan 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. XIV. 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. XV. 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. XVI. Term This service plan shall be valid for a term of ten (10) years. XVII. Amendments This plan shall not be amended unless public hearings are held in accordance with Section 40.0561 of the Texas Local Government Code. Service Plan: Annexation of Sun City Neighborhoods 22, 23, 28, 29 and 30 3