HomeMy WebLinkAboutORD 2005-53 - ANX Sun City Blvd ROW to SH 195Ordinance No. c2 Q 0 "63
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 18.819 acres, more or less,
in the Frederick Foy Survey, as described in Exhibit A of this Ordinance; which
said terrritory lies adjacent to and adjoins the present boundary limit of the
City of Georgetown, Texas and not being a part of any incorporated area;
providing for service plans; repealing conflicting ordinances and resolutions;
including a severability clause; and establishing an effective date.
WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of
said City, Section 1.06, annex areas as allowed by State law; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
WHEREAS, the petition described the area by metes and bounds and was acknowledged in
the manner required for deeds by each person having an interest in the area; and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of the landowner if specific criteria are met; and
WHEREAS, the area proposed for annexation is one-half mile or less in width, are
contiguous to the City limits of the City of Georgetown, and are vacant and without residents or
have fewer than three qualified voters in residence, thus meeting the specific criteria in the State
Statute; and
WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for
initial zoning of newly annexed territory; and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
June 28, 2005; and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on August 9, 2005, and August 23, 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. A005%-53 Page 1 of 3
Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195
Now, therefore, be it ordained by 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: 18.819 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 18.819 acres, more or less, in the Frederick Foy Survey, as described in Exhibit
A of this 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 cf the City of Georgetown.
Passed and Approved on First Reading on the 13 day of September, 2005.
Passed and Approved on Second Reading on the 27 day of September, 2005.
Ordinance No. 02005 50; Page 2 of 3
Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195
Attest:
Z'0152!�I �,J�
Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
City Attorney
The City of Georgetown:
By:
Mayor
Nelon
Ordinance No. C1005 '5 3 Page 3 of 3
Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195
-------= -- EXHIBITS --------------
EXHIBIT A
ANNEXATION AREA METES AND BOUNDS DESCRIPTION EXHIBIT FOR PLANNED UNIT DEVELOPMENT
OF SUN CITY GEORGETOWN, SUN CITY BOULEVARD EXTENSION (EAST) 18.819 ACRES
BURREL EAVES SURVEY, ABSTRACT 216 WILLAMS0N COUNTY, TEXAS
BEING A 18.819 ACRE TRACT OF LAND IN THE BURRELL EAVES SURVEY, ABSTRACT 216 IN
WILLIAMSON COUNTY, TEXAS. OUT OF THE REMAINDER, OF A CALLED 753.350, 0.054, AND
310.706 ACRES CONVEYED TO DEL WEBB TEXAS LIMITED PARTNERSHIP RECORDED IN DOCUMENT
NO. 9558177 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.). SAID
18.819 ACRE TRACT BEING MORE PARTICULARLY LOCATED AND DESCRIBED AS FOLLOWS WITH
ALL BEARINGS BEING REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL
ZONE, NAD 83%93 HARN DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED
SCALE FACTOR OF 1.000143965:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF THE PUBLIC REVIEW FINAL
PLAT OF PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN ASSISTED LIVING
CENTER;
THENCE N 0933'30" W, 278.54 FEET TO A POINT FOR CORNER;
THENCE N 07'07'47" E, 120.00 FEET TO A POINT ON THE ARC OF A
NON -TANGENT CURVE FOR CORNER;
THENCE 782.99 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 43'46'03", A RADIUS OF 1025.00 FEET AND A
CHORD WHICH BEARS N 75'14'46" E, 764.09 FEET TO A POINT OF TANGENCY
FOR CORNER;
THENCE N 53'21'44" E, 160.76 FEET TO A POINT OF CURVATURE FOR CORNER;
THENCE
608.40
FEET ALONG THE ARC OF
A CURVE TO THE RIGHT,
HAVING A
CENTRAL
ANGLE
OF 27'39'57", A RADIUS
OF 1260.00 FEET AND A
CHORD WHICH
BEARS N
67'11'43"
E, 602.51 FEET TO A
POINT OF TANGENCY FOR
CORNER,;
THENCE N 81'01'41" E, 697.87 FEET TO A POINT OF CURVATURE FOR CORNER;
THENCE
249.36
FEET
ALONG THE ARC OF
A CURVE TO THE LEFT, HAVING A
CENTRAL
ANGLE
OF
11054121"1 A RADIUS
OF 1200.00 FEET AND A CHORD WHICH
BEARS N
75'04'31"
E,
248.91 FEET TO A
POINT OF TANGENCY FOR CORNER;
THENCE N 69407'20" E, 457.62 FEET TO A POINT OF CURVATURE FOR CORNER,;
THENCE
54.29 FEET
ALONG THE ARC OF
A CURVE TO THE LEFT,
HAVING A
CENTRAL
ANGLE OF
124'25'44", A RADIUS
OF 25.00 FEET AND A
CHORD WHICH
BEARS N
06'54'215'
E, 44.23 FEET TO A
POINT FOR CORNER ON
SAID ARC;
THENCE S 5918'24" E, 245.94 FEET TO A POINT FOR CORNER;
THENCE S 6950'11" W, 3217.45 FEET TO THE POINT OF BEGINNING AND
CONTAINING 18.8186 ACRES OF LAND.
NOTE TABLE
NOTE DISTANCE BEARING
1 53.01 S55 -18-24E
2 120.00 N 7-07-47E
CURVE JABLE
NOTE
ARC LENGTH
DELTA
1
782.99
43-46-03
2
608.40
27-39-57
3
249.36
11-54-21
4
54.29
124-25-44
5
274.29
11-54-21
6
55D.46
27-39-57
7
674.65
43-46-03
8
874.65
43-46-03
9
550.46
27-39-57
10
274.29
1 1-54-2 1
11
782.99
43-46-03
12
608.46
27-39-57
13
249.36
1 1-54-21
14
54.29
124-25-44
ANNEXATION EXHIBIT FOR
PLANNED UNIT DEVELOPMENT OF
SUN CITY GEORGETOWN
SUN CITY BOULEVARD
EXTENSION (EAST)
SHEET 2 OF 2
CHORD
CHORD
RADIUS
BEARING
DISTANCE
1025.00
N75 -14-46E
764.09
1260.00
N67 -11-43E
602.51
1200.00
N75 -04-31E
248.91
25.00
N06-54-2BE
44.23
1320.00
575-04-31W
273.80
1140.00
567-11-.43W
545.13
1145.00
S75 -14-46W
853.54
1145.00
N75 -14-46E
853.54
1140.00
N67 -11-43E
545.13
1320.00
N75 -04-31E
273.80
1025.00
N75 -14-46E
764.09
1260.00
N67 -11-43E
602.51
1200.00
N75 -04-31E
246.91
25.00
N06 -54-28E
44.23
ANNEXATION EXHIBIT FOR
PLANNED UNIT DEVELOPMENT OF
SUN CITY GEORGETOWN
SUN CITY BOULEVARD
EXTENSION (EAST)
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:
18.819 acres, more or less, in the Burrell Eaves Survey, east Sun City Neighborhood 33, for
Sun City Boulevard Right -of -Way to State Highway 1951
The subject property generally lies between Sun City Neighborhood 33 and State Highway 195 at
the Northeastern edge of Sun City Texas. A legal description of the property is attached as Exhibit
A and Exhibit B of the annexing ordinance.
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 manner 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 21h
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
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 ROW to SH 195
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II. 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.
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: None
B) Services to be provided: Water service to the area is available per the February 14, 1995
Development Agreement, with subsequent amendments.
V. 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.
IX.. 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
Service Plan: Annexation of Sun City ROW to SH 195 2
00 a005"53 Ekh o f 4#C a &J A 0013
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.
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.
XIII. Utility System 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 Anal
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
43.0561 of the Texas Local Government Code,
Service Plan: Annexation of Sun City ROW to SH 195
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