HomeMy WebLinkAboutORD 2005-92 - ANX Lake GeorgetownOrdinance No. AD 0 5 1c(
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 3100 acres, more or less,
in various tracts of land owned by the United States Army Corps of Engineers
adjacent to Lake Georgetown, also portions of Cedar Breaks Road R.O.W. in
the Cedar Breaks Park area and lake dam area, as Described in ExliibitA 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, including the area that is
the subject of this Ordinance, into the City limits; and
Whereas, following written and published given in accordance with state law, the City
Council conducted two public hearings on the proposed annexation on November 8, 2005 and
November 22, 2005; 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;
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:
Annexation of Area 9A
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Ordinance No. CROO5_ Z
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 qualihj of life for 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 November 8, 2005 and November 22, 2005, each at
6:00 p.m. at the City Council Chamber, 101 E. 7h 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 law 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:
3100 acres, more or less, in various tracts of land owned by the United States Army
Corps of Engineers adjacent to Lake Georgetown, also portions of Cedar Breaks Road
R.O.W. in the Cedar Breaks Park area and lake dam area the said 3,100 acres of land,
more or less, 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 full.
Section 4: The Service Plan attached hereto as "Exhibit C" is approved as the Service
Plan for the area.
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Section 5: The area is included in City. Council District 4.
Section 6: The City Council declares that its purpose is to annex to the City of Georgetown
each part of the area described in "ExhibitA" 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.
Section 8: The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest.
Section 9: This Ordinance shall become effective on midnight December 30, 2005.
Passed and Approved on First Reading on the 13th day of December, 2005.
Passed and Approved on Second Reading on the 23 d day of December, 2005.
Attest:
Sandra D. Lee
City Secretary
Approved as to form:
Patricia E. Carls
City Attorney
Annexation of Area 9A
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ty of
By: Ga
Mayor
Nelon
DO5�9'°Z-
Ordinance No.
EXHIBIT A
DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA 9a
Being composed of various tracts of land owned by the United States Army Corps of Engineers
which adjoin or are in the vicinity of Lake Georgetown, save and except the areas which have
previously been annexed by the City, of Georgetown, the perimeter of which is generally
described as follows:
BEGINNING at the southwesterly corner of the tract of land described in the City of
Georgetown Annexation Ordinance No. 84-52, for the most southeasterly corner hereof,
THENCE proceeding in a westerly direction along the southerly boundary line of the United
States Army Corps of Engineers tract designated as being a 349.04 -acre tract of land, Williamson
County Appraisal District Account No. R442939;
THENCE continuing in a westerly direction along the southerly boundary line of the United
States of America Army Corps of Engineers tract designated as being a 2307.69 -acre tract of
land, Williamson County Appraisal District Account No. R442947, to the westerly City of
Georgetown ETJ limit line, for the southwest corner hereof;
THENCE proceeding in a northeasterly direction through the said 2307.69 -acre United States of
America Army Corps of Engineers tract, along the said westerly ETJ limit line, being an arc
which is 2 miles from the existing City Limits, to the northerly boundary line of said 2307.69 -
acre United States of America Army Corps of Engineers tract, for the northwest corner hereof,
THENCE proceeding in an easterly direction along the said northerly boundary line of the
2307.69 -acre United States of America Army Corps of Engineers tract, to the westerly margin of
Jim Hogg Road, same being the southeast corner of Lot 8, Fountainwood Estates Phase IA;
THENCE proceeding in a southerly direction through the interior of said 2307.69 -acre United
States of America Army Corps of Engineers tract, with the westerly margin of Jim Hogg Road,
to it's southerly terminus at Lake Georgetown, same being a point in the northerly boundary line
of the tract of land described in the'City of Georgetown Annexation Ordinance No. 870400;
THENCE proceeding in an easterly direction along the northerly boundary line of said
City of Georgetown Annexation Ordinance No. 870400 tract, to the northwest corner of the
United States Army Corps of Engineers tract designated as being a 113.20 -acre tract of land,
Williamson County Appraisal District Account No. R442946;
THENCE continuing in an easterly direction along the northerly and the easterly boundary line
of said 113.20 -acre United States Army Corps of Engineers tract, to the northeast corner of said
City of Georgetown Annexation Ordinance No. 870400 tract;
THENCE proceeding in a southerly direction along the easterly boundary line of the Georgetown
Annexation Ordinance No. 870400 tract, to the southwest corner of said Georgetown Annexation
Ordinance No. 870400 tract, same being a point in the westerly boundary line of the tract of land
described in the City of Georgetown Annexation Ordinance No. 86-53;
THENCE proceeding in a southerly and easterly direction along the southerly boundary line of
the Georgetown Annexation Ordinance No. 86-53 tract, to the northeast corner of said
Georgetown Annexation Ordinance No. 86-53 tract, same being a point in the westerly boundary
line of the tract of land described in the City of Georgetown Annexation Ordinance No. 79-44;
THENCE proceeding in a southerly, and easterly direction along the westerly and southerly
boundary line of the Georgetown Annexation Ordinance No. 79-44 tract, to the southwest corner
of the tract of land described in the City of Georgetown Annexation Ordinance No. 79-27;
THENCE proceeding in an easterly direction along the southerly boundary line of the said
Georgetown Annexation Ordinance No. 79-27 tract, to a point in the westerly boundary line of
aforementioned City of Georgetown Annexation Ordinance No. 84-52 tract;
THENCE proceeding in a southerly direction along the westerly boundary line of said City of
Georgetown Annexation Ordinance No. 84-52 tract, 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.
I E -e- l'l OND SUR VEYING, -TNC.
P.O. ROY 1937 GEORGETOMY, TY 78627
(512) 931-3100
SHANE SHAFER, R.P.L.S, NO, 5281
Annexation Area 9a
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I. INTRODUCTION
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA NO. 9A
COUNCIL DISTRICT NO. 4
DATE: DECEMBER 23, 2005
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 "Area 9A". 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
November 8, 2005 and November 22, 2005 in accordance with Section 43.056(j) of the LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) 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 full municipal
services (defined in the LGC as being those provided by the City within its full service
boundaries, including water and wastewater and excluding gas or electrical 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 those services which are (1)
available to the annexed area immediately upon annexation; (2) those services which will be
available to the annexed area within 21/2 years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
4'/z years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
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For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City extends 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.
In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow ,for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated 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 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, beginning with the occupancy of
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 shall be governed by the City's
ordinances, standards, policies and procedures. 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 public utilities or services in 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.
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5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will
provide preventative maintenance of the existing streets and roads in the annexed
area over which it has jurisdiction through such 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.
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.
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.
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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 4112 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General - The City willinitiate 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 in General - 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. 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 to install water and wastewater
lines. The extension of water and sewer 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 ?!% years of the
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Area 9A
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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/z years from the effective date of annexation and will be substantially complete within 4
1/z 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 Impact Fee 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
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.
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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.
In addition, these policies and ordinances are set by City Council and can be amended in the
fu ture:
1. In General -- The provisions of Chapter 13 of the City's Unified Development Code
("UDC") shall apply in the annexed area. Portions of Chapter 13 of the UDC are
summarized below:
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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 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-half mile away, and connection to the system is both possible and
permissible, 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
case less than one-half mile away, and connection to the system is both possible
and permissible, the subdivider shall be required to bear the cost of connecting
the subdivision to such existing sanitary sewer system. No connection shall be
required for subdivisions located more than 1/2 -mile from a main or outfall line.
The design and construction of a public sanitary 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.
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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 septic
system fails before City wastewater service is extended to the property, then the
property owner must either repair the septic system or pay to connect to the City service
as it may then exist.
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.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC. :
6. Section 13.10.010 of the City -Code of Ordinances provides as follows:
City Code Sec. 13.10.010. Policy established.
This policy shall apply to improvements to the City's utility systems, which encompass
both existing system upgrades and system expansion for treatment plant capacity, utility
line networks and appurtenances. It is established as the official policy of the City that
all utility system improvements shall be planned, designed, constructed, operated and
maintained such that:
A. Upgrades of existing infrastructure and system extensions in close proximity to
existing utility networks shall be preferred to excessive line extensions and
expansion of the system outside the established and approved utility service area.
B. Priority shall be assigned to projects which provide the greatest benefit as
measured by the size in acres of the land to be served and the level of capacity to be
provided.
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C. System improvements which promote the retention and/or creation of long-term
jobs shall receive greater emphasis over projects which produce only temporary or
no lasting employment results.
D. Improvement programs which support and complement the City's adopted
economic and industrial development objectives shall receive preference.
E. Projects which increase property values and retail sales are preferred.
F. Project capacity should be able to accommodate projected demand for a ten-year
period.
G. Improvements that will achieve shorter build -out times and will initially satisfy
higher levels of projected ultimate demand capacity are favored.
H. Infrastructure programs designed to simplify construction, operation and
maintenance are preferred.
I. There exists the potential for the City to recapture 100 percent of all
nonreimbursed City expenditures.
J. Participation by owners of benefiting property is strongly encouraged.
K. Incentive for up -front participation:
1. Enter into contract;
2. Guarantee capacity availability for ten years:
a. Interest free for first three years,
b. Interest at T -Bill rate for remaining seven years,
3. If option not exercised in ten-year period, guarantee for capacity expires,
4. Option assignable if all/part of property sold during life of agreement,
5. Prepayment applied to 100 percent of cost of first units used.
L. Terms for obtaining capacity:
1. At time of connection, full payment for units of capacity requested
computed on design capacity plus carrying costs calculated from date of
award of contract for construction of initial project. (This is for
nonguaranteed capacity and assumes capacity is available.)
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At time capacity is desired may obtain guaranteed capacity by paying in the
same manner as for a connection but must provide City with one-year notice
of intent to connect to system.
2. All payments based upon units of capacity;
I All necessary easements are donated and only facilitate the ability to
connect to system but do not convey any right or privilege to hook on to
system (water system will provide fire protection and lower fire insurance
rates.)
M. Water line improvements shall be designed and constructed to satisfy
domestic/industrial demands and fire flow requirements as forecast in the Citv's
Comprehensive Plan.
N. System improvements will begin when existing line demand equals 70 percent of
design capacity or committed capacity plus existing demand equals 90 percent of
design capacity.
O. All design and implementation of utility improvements shall be in accordance
with the City's adopted Comprehensive Plan.
This policy is set by the City Council and can be amended in the future by ordinance.
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