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HomeMy WebLinkAboutORD 2005-93 - ANX Williams Dr. ROWAA Ordinance No. 005"7014 . 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 approximately 139 acres of land out of the D. Wright Survey, being: Lots 1 and 2 of the Dicotech Subdivision and a 2.1601 acre tract of land owned by Yuh-Jaan Wey & Yecu- Chyn Wey, recorded in Vol. 2173, Pg. 319 of the Official Records Of Williamson Co., Texas, and approximately 26.3 acre portion of Williams Drive R.O.W. that begins at the current city limits at Lakeway Drive and Booty's Crossing Road and extends northwest to the intersection of Shell Road, as Described in ExhibitA 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; Annexation of Area 13A Page 1 of 3 Ordinance No. AO05e d 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: A. Policy Statement 1.0: Tlie 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 socialdevelopment. 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. 71, 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: 139 acres of land out of the D. Wright Survey, being: Lots 1 and 2 of the Dicotech Subdivision and a 2.1601 acre tract of land owned by Yuh-Jaan Wey & Yecu-Chyn Wey, recorded in Vol. 2173, Pg. 319 of the Official Records Of Williamson Co., Texas, and approximately 26.3 acre portion of Williams Drive R.O.W. that begins at the current city limits at Lakeway Drive and Booty's Crossing Road and extends Annexation of Area 13A Page 2 of 3 Ordinance No. CRd05 r qS3 northwest to the intersection of Shell Road the said 169 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. Section 5: The area is included in City Council District 5. 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. attest. Section 8: The Mayor is hereby authorized to sign this ordinance and the City Secretary to Section 9: This Ordinance shall become effective on midnight December 30, 2005. Passed and Approved on First Reading on the 131, day of December, 2005. Passed and Approved on Second Reading on the 23rd day of December, 2005. Attest: Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney Annexation of Area 13A Page 3 of 3 The City of Georgetown: Mayor Ordinance No. 00513 EXHIBIT A DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA 13a BEGINNING at the most westerly corner of the called 0.119 -acre tract of land, designated as Tract 4C, described in the City of Georgetown Annexation Ordinance No. 86-59, same being a point in the original easterly boundary line of Lot 1, San Gabriel Estates, a subdivision recorded in Cabinet A, Slides 365-367 of the Plat records of Williamson County, Texas, same being a point in the southwesterly right-of-way line of FM 2338; THENCE in a northwesterly direction with the southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of the tract of land described in the City of Georgetown Annexation Ordinance No. 78-32, to the southeast corner of Lot 4 of said San Gabriel Estates Subdivision; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of Lots 4 through 13 of said San Gabriel Estates Subdivision, to the most northerly corner of said Lot 13, same being the most easterly corner of the tract of land conveyed to Milton G. Liese as recorded in Volume 505, Page 231 of the Deed Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Liese tract, to the most easterly corner of Lot 1, Block 1, of Faith Lutheran Church, a subdivision recorded in Cabinet G, Slides 29-30 of the Plat Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Faith Lutheran Church subdivision, to the most easterly corner of Lot 3, Block B, The Enclave Subdivision, recorded in Cabinet U, Slide 398-400 of the Plat Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Enclave Subdivision, to the most easterly corner of Country West, a subdivision recorded in Cabinet D, Slide 202 of the Plat Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Country West subdivision, to the most easterly corner of Georgian Village, a subdivision recorded in Cabinet E, Slide 192, of the Plat Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Georgian Village subdivision, to the most easterly corner of a called 3.3241 -acre tract of land conveyed to Clyde Krause as recorded in Volume 544, Page 704 of the Deed Records of Williamson County, Texas; 1F. p,005q3 Exhlb4 A R Of I THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Krause tract, to the most easterly corner of a called 2.3832 -acre tract of land conveyed to Brenda S. Davis as recorded in Document No. 9647552 of the Official Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Davis tract, to the most northerly northeast comer of a called 105.38 -acre tract of land conveyed to Texas Cave Management Association as recorded in Document No. 2004071207 of the Official Public Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Texas Cave Management Association tract, to the most easterly corner of Eckerd's At Cedar Breaks, a subdivision Recorded in Cabinet X, Slide 216-217 of the Plat Records of Williamson County, Texas; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the northeasterly boundary line of said Eckerd's At Cedar Breaks subdivision, to the most easterly northwest corner of said Eckerd's At Cedar Breaks subdivision; THENCE continuing in a northwesterly direction with the said southwesterly right-of-way line of FM 2338, same being the current northeasterly terminus line of Cedar Breaks Road at FM 2338, same being a point in the easterly boundary line of the tract of land described in the City of Georgetown Annexation Ordinance No. 95-12,- THENCE 5-12; THENCE in a northeasterly direction with the easterly boundary line of said City of Georgetown A:inexation Ordinance No. 95-12, crossing through the interior of said FM 2338 right-of-way, to a point in the southerly boundary line of the called 0.325 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 97-54; THENCE in a southeasterly direction with the northeasterly right-of-way line of FM 2338, same being the southwesterly boundary line of said 0.325 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 97-54, to the most southerly southwest corner of the called 0.039 -acre tract of land conveyed to the City of Georgetown as recorded in Document No. 2003089398 of the Official Records of Williamson County, Texas; Thence continuing in a southeasterly direction with the northeasterly right-of-way line of FM 2338, same being the southwesterly boundary line of said 0.039 -acre City of Georgetown tract, to the most southerly southwest corner of the remnant portion of Lot 3 of Dicotec Subdivision, a subdivision recorded in Cabinet L, Slides 143-144 of the Plat Records of Williamson County, Texas, same being the most southerly southwest corner of the called 1.96 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 98-70; THENCE continuing in a southeasterly direction with the northeasterly right-of-way line of FM '338, same being the southwesterly boundary line of said 1.96 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 98-70, to the most westerly corner of Lot 2 of said Dicotec Subdivision; (►[MIAW 071 F THENCE departing the northeasterly right-of-way Iine of FM 2338, proceeding in an easterly direction, with the southerly boundary line of said 1.96 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 98-70, same being the northerly boundary line of said Lot 2 of the Dicotec Subdivision, to the most easterly corner of said 1.96 -acre tract of land described in the City of Georgetown Annexation Ordinance No. 98-70, same being the southeasterly corner of Lot 4 of said Dicotec Subdivision; THENCE continuing in an easterly direction, with the northerly boundary line of said Lot 2, Dicotec Subdivision, same being the southerly boundary line of Lot 1, Block B, Serenada West, Section 2, a subdivision recorded in Cabinet D, Slide 130-134 of the Plat Records of Williamson County, Texas, to the most westerly corner of Lot 4, Block B, Serenada West Section 4, a subdivision Recorded in Cabinet D, Slide 186-189 of the Plat Records of Williamson County, Texas; THENCE proceeding in a southeasterly direction, with the northeasterly boundary line of said Dicotec Subdivision, same being the southwesterly boundary line of Block B of said Serenada West Section 4 subdivision, to the northwesterly right-of-way line of Mariquita Drive; THENCE crossing through the right of way of said Mariquita Drive to the southeasterly right-of- way line of said Mariquita Drive, same being the most northerly corner of a called 2.460 -acre tract of land conveyed to Yuh-Jaan Wey and Yecu-Chyn Wey as recorded in volume 2173, Page 319 of the Official Records of Williamson County, Texas; THENCE with the northeasterly boundary line of said 2.460 -acre Wey tract, same being the southwesterly boundary line of Block P of said Serenada West Section 4, to the northwesterly right-of-way line of La Paloma Drive; THENCE with the southeasterly boundary line of said 2.460 -acre Wey tract, same being the northwesterly right-of-way line of said La Paloma Drive, to the northeasterly right-of-way line of FM 2338; THENCE proceeding in a southeasterly direction with the northeasterly right-of-way line of FM 2338, same being impart the southerly terminus line of the La Paloma right-of-way at FM 2238. same being in part the southwesterly boundary line of the called 0.709 -acre tract of land conveyed to Hugh B. Thompson as recorded in Volume 2172, Page 540 of the Official Public Records of Williamson County, Texas, to the most westerly corner of the Landgraf Subdivision, a subdivision recorded in Cabinet W, Slide 238-239 of the Plat Records of Williamson County, Texas; THENCE continuing in a southeasterly direction with the northeasterly right-of-way line of FM 2338, same being the southwesterly boundary line of the said Landgraf Subdivision, to the most westerly corner of the Loper-Seebock Subdivision, a subdivision recorded in Cabinet X, Slides 109-111 of the Plat Records of Williamson County, Texas; THENCE continuing in a southeasterly direction with the northeasterly right-of-wav line of FM 2338, same being the southwesterly boundary line of said Loper-Seebock Subdivision, to the 3 most westerly corner of a called 2.232 -acre tract of land conveyed to Magnolia -Lone Star, Inc., as recorded in Document No. 2000037265 of the Official Public Records of Williamson County, Texas; THENCE departing the northeasterly right-of-way line of FM 2338, proceeding in an easterly direction with the southerly boundary line of said Loper-Seebock Subdivision, same being the northerly boundary line of said Magnolia -Lone Star, Inc. tract, to the most northerly northwest corner of the called 17.639 -acre tract of land conveyed to Bobby G. Stanton as recorded in Volume 936, Page 510 of the Deed Records of Williamson County, Texas: THENCE continuinin an easterly direction with said southerly boundary line of the Loper- i=Seebock Subdivision, same being the northerly boundary line of the said Stanton tract, to the most northerly corner of said Stanton tract, same being the southwest corner of Lot 18, Block N, Serenada West Section 4, a subdivision recorded in Cabinet D, Slide 186-190 of the Plat Records of Williamson County, Texas; THENCE proceeding in a southeasterly direction with the northeasterly boundary line of said Stanton tract, same being the southwesterly boundary line of said Serenada West Section 4, to the most easterly corner of said Stanton tract, same being a point in the northerly boundary line of a called 10.005 -acre tract of land conveyed to Wesleyan Homes, Inc., as recorded in Document No. 2002001643; THENCE proceeding in an easterly direction with the southerly boundary line of said Serenada West Section 4, same being in part the southerly boundary line of Serenada West Section 3, a subdivision recorded in Cabinet D, Slide 216-220 of the Plat Records of Williamson County, Texas, same being the northerly boundary line of said 10.005 -acre Wesleyan Homes tract, to the most westerly corner of a called 20.000 -acre tract of land conveyed to Wesleyan Homes, Inc. as recorded in Document No. 9638840; THENCE continuing in an easterly direction with the southerly boundary line of the said southerly boundary line of Serenada West Section 3, same being the northerly boundary line of said 20.000 -acre Wesleyan Homes tract, to the most westerly northwest corner of a called 86.153 -acre tract of land conveyed to Oakland Hills, L.P. as recorded in Document No. 2004099368 of the Official Public Records of Williamson County, Texas; THENCE continuing in an easterly direction with the said southerly boundary line of Serenada West Section 3, same being the northerly boundary line of said Oakland Hills tract, to a point in the westerly boundary line of Lot 53, Serenada Country Estates Unit One, a subdivision recorded in Cabinet B, Slide 339-344 of the Plat Records of Williamson County, Texas; THENCE proceeding in a southeasterly direction with the northeasterly boundary line of said Oakland Hills tract, same being the southwesterly boundary line of said Serenada County Estates Unit One, to the northeast corner of Lot 31, Serenada Country Estates Unit One; THENCE proceeding in a southwesterly direction with the southerly boundary line of said Oakland Hills tract, same being the northerly boundary line of said Serenada Country Estates Unit One, to the northwest corner of Lot 25 of said Serenada Country Estates Unit One, same 4 being the northeast corner of a called 1.79 -acre tract of land conveyed to Ronald G. Benningfield and Betty L. Benningfield as recorded in Volume 2263, Page 379, of the Official Records of Williamson County, Texas; THENCE continuing in a southwesterly direction with the said southerly boundary line of the Oakland Hills tract, same being the northerly boundary of the said Benningfield tract, to the northeast corner of a called 1.81 -acre tract of land conveyed to H. Piller as recorded in Volume 547, Page 115 of the Deed Records of Williamson County, Texas; THENCE continuing in a southwesterly direction with the said southerly boundary line of the Oakland Hills tract, same being the northerly boundary of said Piller tract, to the northeast corner of a called 4.12 -acre tract of land conveyed to Johnny Gantt as recorded Volume 611, Page 463 of the Deed Records of Williamson County, Texas; THENCE continuing in a southwesterly direction with the said southerly boundary line of the Oakland Hills tract, same being the northerly boundary line of the said Gantt tract, to the northeast corner of Lot 16 of said Serenada Country Estates Unit One; THENCE continuing in a southwesterly direction with the said southerly boundary line of the Oakland Hills tract, same being the northerly boundary line of said Serenada Country Estates Unit One, to the most northerly corner of Lot 7, of said Serenada Country Estates Unit One, same being the most northerly corner of the called 17.25 -acre tract of land, designated as Tract 4A, described in the City of Georgetown Annexation Ordinance No. 86-59; THENCE continuing in a southwesterly direction with the said southerly boundary line of the Oakland Hills tract, same being the northerly boundary line of said Serenada Country Estates Unit One, same being the northerly boundary line of said 17.25 -acre City of Georgetown Annexation tract, to the most westerly corner of Lot 6, of said Serenada Country Estates Unit One, same being the most westerly corner of the said 17.25 -acre City of Georgetown Annexation tract, same being a point in the northeasterly right-of-way line of FM 2338; THENCE proceeding in a southeasterly direction with the southwesterly boundary line of said Serenada Country Estates Unit One, same being the northeasterly right-of-way line of said FM 2338, same being the southwesterly boundary line of said 17.25 -acre City of Georgetown Annexation tract, to the most southerly corner of Lot 1 of said Serenada Country Estates Unit One, same being the most southerly corner of the said 1725 -acre City of Georgetown Annexation tract, same being the most westerly corner of the called 4' )22 tract of land described in the City of Georgetown Annexation Ordinance No. 79-7, same being the most westerly corner of Briarwood Section One, a subdivision recorded in Cabinet D, Slides 337-338 of the Plat Records of Williamson County, Texas; THENCE continuing in a southeasterly direction with the northeasterly right-of-way line of said FM 2338, same being the southwesterly boundary line of said 17.25 -acre City of Georgetown Annexation tract, to the most northerly corner of the aforementioned 0.119 -acre tract of land, designated as Tract 4C, described in the City of Georgetown Annexation Ordinance No. 86-59; 5 THENCE proceeding in a southwesterly direction, crossing through the right-of-way of FM 2338, with the northwesterly boundary line of said 0.119 -acre City of Georgetown Annexation 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. <> DIAMOND SUR VEY17 G, INC. P.O. BOX 1937, GEORGETOWN, TX 78627 (512) 931-310b SHANE SHAFER, R.P.L.S, N0, 5281 Annexation Area 13a 6 DATE Exhibit C L INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA NO. 13A COUNCIL DISTRICT NO. 5 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 13A". 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(1) 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/z years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41h years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service Plan for.2005 Annexations ff���1Area �� �J""}}1fn3tAdC' (� V t'ID, o 005. 63 Page 1 of 10 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. Annexation Service Plan for 2005 Annexations �/ Area 1/p3J� A _ ORD. P04/y�/�y 4 I✓ Ivvalibi Pa(7c 2 of 10 In 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. 6. 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. Annexation Service Plan for 2005 Annexations Area 13A g Pale 3 of 10 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 b 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 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate 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 21/2 years of the Annexation Service Plan for 2OUJ Annexations Area 13A ORD. ADOS�q3 E)Chab*14 C Page 4 of 10 R 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 1/2 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. �. 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. Annexation Service Plan for 2005 Annexations Area 13A Og p, "05~q3 Ex I I+ Page 5 of 10 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 future: 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: Annexation Service Plan for 3005 Annexations Area 13A Exhibi � C Page 6 of 10 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 Citv'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. Annexation Service Plan for 2005 Annexations Area 1 33�/A�/ w(j� DAD 9 . YM1A(906 qq Eg6j bre Page 7 of '10 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. b. 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. ` Annexation Service Plan for?005 Annexations Area 1.3 A On. 9005`73 43 absot C Page 8 of 10 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. 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; ? 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: Annexation Service Ulan for 2005 Annexations Area 13A x,61 14 a Page 9 of 10 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.) 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; 3. 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 City'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. Annexation Service Plan for200.5 Annexations Arra 13A oa . 4Lo 05 ~ 93 Page 10 of 10