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HomeMy WebLinkAboutORD 2005-106 - ANX CR 265 ROWAn Ordinance of the City Council of the City of Georgetown, Texas, Providing for the Extension of Certain Boundary Limits of the City of Georgetown, Texas, and the Annexation of Certain Territory Consisting of 5.252 acres, More or Less, of County Road 265 Right of Way, in the Clement Stubblefield Survey and Joseph Pulsifer Survey, as Described in Exhibit A of this Ordinance; Which Said Territory Lies Adjacent to and Adjoins the Present Boundary Limit of the City of Georgetown, Texas and Not Being a Part of Any Incorporated Area; Approving a Service Plan for the Area; 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 utile 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 November 8, 2005; and Whereas, the Georgetown City Council conducted 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 Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Annexation of 5.252 Acres, County Road 265 ROW Ordinance No. Page I of 3 Whereas, all prerequisites of state law and the City Charter have been complier) 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: 1. Policia Statement 1.0: The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. 2. Policy Statement2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 2. The City Council of the City of Georgetown hereby annexes: 5.252 acres, more or less, in the Clement Stubblefield Survey and Joseph Pulsifer 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 5.252 acres, more or less, in the Clement Stubblefield Survey and Joseph Pulsifer Survey Survey, as described in Exhibit A of this ordinance, is included in City Council District 3, as it is adjacent to Council District3 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance- are hereby repealed, and are no longer of any force and effect. Section 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 13th day of December, 2005. r,4 r Passed and Approved on Second Reading on the day ofkc&--It ..12005. Annexation of 5?52 Acres, County Road 265 ROW Ordinance No. Page 2 of '% Attest: Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney Annexation of 5.2.5.2 Acres, County Road 265 ROW Page 3 of 3 The City of Georgetown: Mayor PARCEL: 1 COUNTY: WILLIAMSON OWNER: WILLIAMSON COUNTY ENNNUM EXHIBIT D "All ti , EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 5.252 ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, AND THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND KNOWN AS COUNTY ROAD NO. 265 AS CURRENTLY MONUMENTED AND USED UPON THE GROUND, SAID 5.252 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 8 BEGINNING at an 1/2" iron rod found in the northerly right-of-way line of County Road No. 265 (right-of-way width varies), same being in the northerly right-of-way line of State Highway No. 29 (right-of-way width varies), and being in the westerly right-of-way line of Interstate Highway No. 35 (right-of-way width varies), said 1/2" iron rod found being the most southeasterly corner of that called 202.149 acre tract of land, "Tract 1", conveyed to Jay L. Wolf by instrument recorded in Volume 1997, Page 953 of the Official Records of Williamson County, Texas, being the most easterly corner hereof, from which a Concrete Monument found being an angle point in the westerly right-of-way line of said Interstate Highway No. 35 bears N 55°25'47" E a distance of 113,44 feet: 1) THENCE departing the westerly right-of-way line of said Interstate Highway No. 35, along the northerly right-of-way line of said State Highway No. 29, S 88°2755" W for a distance of 219.18 feet to a T xDOT Type -11 Monument found being in the southerly right-of-way line of said County Road No. 265, also being the easterly comer of that 1.89 acre tract of land conveyed to Iva Wolf McLachlan, et al, by instrument recorded as Document No. 2003124147 of the Official Public Records of Williamson County, Texas, for an angle point in the southerly line hereof; 2) THENCE, departing the northerly right-of-way line of said State Highway No. 29, with the northerly boundary line of said 1.89 acre tract, N 73018'31" W for a distance of 321.83 feet to a 1/2" iron rod found being an angle point in the northerly boundary line of said 1.89 acre tract for an angle point in the southerly line hereof; 3) THENCE, in part with the northerly boundary line of said 1.89 acre tract, the northerly boundary line of that remainder of 1.78 acre tract of land conveyed to Judy Wolf Hindelang, et al, by instrument recorded as Document No. 2003053281 of the Official Public Records of Williamson County, Texas, the northerly boundary line of that 0.634 acre tract of land conveyed to the City of Georgetown by instrument recorded as Document No. 2004068070 of the Official Public Records of Williamson County, Texas; and the northerly boundary line of that 1.31 acre tract of land conveyed to Simon Riverhills, L.P. by instrument recorded as Document No. 2005003863 of the Official Public Records of Williamson County, Texas, N 65049'37" W, at approximately 142 feet exiting the City of Georgetown City Limits, passing at 274.54 feet a 1/2" iron rod found being the northwesterly corner of said 1.89 acre tract, and the northeasterly corner of said remainder of 1.78 acre tract, passing at 445.37 feet a capped 1/2" iron rod found being the northwest corner of said remainder of 1.78 acre tract, and the PARCEL: 1 Page 2 of 8 COUNTY: WILLIAMSON OWNER: WILLIAMSON COUNTY northeasterly corner of said 0.634 acre tract, passing at 557.97 feet a capped 1/2" iron rod found being the northwesterly corner of said 0.634 acre tract, and the northeasterly corner of said 1.31 acre tract, in all a total distance of 578.38 feet to a calculated point being an angle point in the northerly boundary line of said 1.31 acre tract and the northeasterly corner of that remainder of a called 12.70 acre tract of land conveyed to the City of Georgetown by instrument recorded in Volume 117, Page 173 of the Deed Records of Williamson County, Texas, for an angle point in the southerly line hereof; 4) THENCE, with the northerly boundary line of said remainder of 12.70 acre tract, N 79059'57" W for a distance of 875.00 feet to a calculated point being an angle point in the northerly boundary line of said remainder of 12.70 acre tract, for an angle point in the southerly line hereof; 5) THENCE, in part with the northerly boundary line of said remainder of 12.70 acre tract, and in part with the northerly boundary line of that 2.54 acre tract of land, "Tract 1", conveyed to William M. Booth, dba Westinghouse Road Venture, by instrument recorded as Document No. 2002018646 of the Official Public Records of Williamson County, Texas, N 87°19'46" W, at approximately 179 feet joining with the City of Georgetown City Limits line, passing at 178.88 feet a cedar fence post being the northwesterly corner of said remainder of 12.70 acre tract and the northeasterly corner of said 2.54 acre tract, in all a total distance of 522.99 feet to a capped 1/2" iron rod found being the northeasterly corner of that 0.892 acre tract of land conveyed to the City of Georgetown by instrument recorded as Document No. 2004059727 of the Official Public Records of Williamson County, Texas, for an angle point in the southerly line hereof: 6) THENCE, with the northerly boundary line of said 0.892 acre tract and the northerly boundary line of that remainder of 6.82 acre tract of land conveyed to Connell Cemetery by instrument recorded in Volume 406, Page 196 of the Deed Records of Williamson County, Texas, N 88019'17" W, passing at 86.97 feet a capped 1/2" iron rod found being the northwesterly corner of said 0.892 acre tract and the northeasterly corner of said remainder of 6.82 acre tract, in all a total distance 136.01 feet to a calculated point in the existing easterly right-of-way line of County Road 265 West (CR265W) being the northwesterly corner of said remainder of 6.82 acre tract, for an angle point in the southerly line hereof; 7) THENCE, with the westerly boundary line of said remainder of 6.82 acre tract, and in part the westerly boundary line of said 0.892 acre tract, same being the existing easterly right-of-way line of CR265W, S 20039'20" E, passing at 74.38 feet a capped 1/2" iron rod found being the southwesterly corner of said remainder of 6.82 acre tract and an angle point in the westerly boundary line of said 0.892 acre tract, in all a total distance of 199.71 feet to a calculated point in the existing easterly right-of-way line of CR265W and the westerly boundary line of said 0.892 acre tract, for an angle point in the southerly line hereof; THENCE, departing the westerly boundary line of said 0.892 acre tract, through the interior of said existing right-of-way of CR265W with the proposed westerly right-of-way line of CR265W, the following three (3) courses: 8) S 15°27'34" E for a distance of 115.55 feet to a calculated point being the beginning of a curve to the right, for a point of curvature in the southerly line hereof: PARCEL: 1 Page 3 of 8 COUNTY: WILLIAMSON OWNER: WILLIAMSON COUNTY 9) Along the arc of said curve 79.40 feet. having a radius of 347.00 feet, a central angle of 13006'34", and a chord which bears S 08054116" E a distance of 79.22 feet to a calculated point, for a point of tangency in the southerly line hereof; 10) S 02020159" E, at approximately 60 feet entering the City of Georgetown City Limits, ora distance ot 66-75 feet to a capped 1/2" iron rod found in the easterly boundary line of Lot 2, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat Records of Williamson County, Texas, same being the existing westerly right-of-way line of CR265W, for an angle point in the southerly line hereof; 11) THENCE, in part with the easterly boundary line of said Lot 2 and the easterly boundary line of Lot 1, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat Records of Williamson County, Texas, same being the existing westerly right-of-way line of CR265W, N 20046'31" W, at approximately 7 feet joining with the City of Georgetown City Limits line, passing at a distance of 260.00 feet a calculated point being the northeast comer of said Lot 2 and an angle point in the easterly boundary line of said Lot 1, from which a 1/2" iron rod found bears S 66°45'17" E a distance of 0.43 feet, in all a total distance of 471.68 feet to a 1/2" iron rod found in the existing westerly right-of-way line of CR265W, being the northeast comer of said Lot 1 for an angle point in the southerly line here of; 12) THENCE, S 8431147" W for a distance of 691.49 feet to a 1/2" iron rod found, being an angle point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof; 13)THENCE, S 80037'39" W for a distance of 139.45 feet to a calculated point, being an angle point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof; 14)THENCE, in part with the northerly boundary line of said Lot 1, and the northerly boundary line of that 0.057 acre portion of a called 19.089 acre tract of land conveyed to Norman Neal Bonnett by instrument recorded as Document No. 1996044968 of the Official Public Records of Williamson County, Texas, S 76°07'39" W, passing at a distance of 56.23 feet a 1/2" iron rod found being the northeasterly corner of said 0.057 acre tract, passing at 106.26 feet a 1/2" iron rod found being the northwesterly corner of said 0.057 acre tract, in all a total distance of 462.80 feet to a calculated point being the northwesterly corner of said Lot 1 and the northeasterly corner of that portion of 7.418 acre tract of land conveyed to NSJS, L.P., by instrument recorded as Document No. 1999084627 of the Official Public Records of Williamson County, Texas, for an angle point in the southerly fine hereof from which a 1/2" iron rod found bears S 81 003'31 " W a distance of 0.13 feet; 15) THENCE, with the northerly boundary line of said portion of 7.418 acre tract, S 74048'26" W, at a distance of 64.28 feet passing 0.55 feet north of a 1/2" iron rod found, in all a total distance of 601.27 feet to a calculated point in the easterly right-of-way line of River Chase Boulevard (right-of-way width varies), and being the northwesterly corner of said portion of 7.418 acre tract, for the southwesterly corner hereof, from which a 1/2" iron rod found bears S 52042'09" E a distance of 0.51 feet; 16) THENCE, with the easterly right-of-way line of River Chase Boulevard, N 22027'29" W for a distance of 45.60 feet to a calculated point being the southwesterly corner of Lot 9, Block C, River Chase Subdivision, as recorded in Cabinet Q, Slides 186-191 of the Plat Records of Williamson County, Texas, for the northwesterly corner hereof; PARCEL: 1 Page 4 of 8 COUNTY: WILLIAMSON OWNER: WILLIAMSON COUNTY 17)THENCE, departing the easterly right-of-way line of River Chase Boulevard, with the southerly boundary line of said Lot 9, N 75°50'47" E for a distance of 174.40 feet to a calculated point being an angle point in the southerly boundary line of said Lot 9, for an angle point in the northerly line hereof; r rnc,vt..c, continuing with the southerly boundary line of said Lot 9, N 74045138" E for a distance of 74.26 feet to a calculated point in the westerly boundary line of that 1.034 acre tract of land conveyed to Texas Parks and Recreation Foundation by instrument recorded as Document No. 1999061184 of the Official Public Records of Williamson County, Texas, being the southeasterly corner of said Lot 9, for an angle point in the northerly line hereof; 19) THENCE, with the westerly boundary line of said 1.034 acre tract, S 15005'00" E for a distance of 10.00 feet to a calculated point being the southwesterly corner of said 1.034 acre tract for an angle point in the northerly line hereof; 20) THENCE, with the southerly boundary line of said 1.034 acre tract, N 74045'34" E for a distance of 146.10 feet to a calculated point being the southeasterly corner of said 1.034 acre tract and the southwesterly corner of that 39.17 acre tract of land conveyed to Mahaffey Land & Cattle Company, L.C., by instrument recorded as Document No. 1997020098 of the Official Records of Williamson County, Texas, for an angle point in the northerly line hereof, from which a 1/2" iron rod found bears N 73°27'14" E a distance of 0.15 feet; 21) THENCE, exiting the City of Georgetown City Limits, with the southerly boundary line of said 39.17 acre tract, N 73026147" E for a distance of 210.12 feet to a 1/2" iron rod found being the southeasterly corner of said 39.17 acre tract and the southwesterly corner of that 162.77 acre tract of land conveyed to Jay Leon Wolf by instrument recorded in Volume 482, Page 356 of the Deed Records of Williamson County, Texas, for an angle point in the northerly line hereof; THENCE, with the southerly boundary line of said 162.77 acre tract the following three (3) I 22) N 75°4655" E for a distance of 467.50 feet to a calculated point for an angle point in the northerly line hereof; 23) N 80°37'39".E for a distance of 142.07 feet to a calculated point for an angle point in the northerly line hereof; 24) N 83°47'31" E for a distance of 688.77 feet to a calculated point being the southeasterly comer of said 162.77 acre tract and the southwesterly corner of said 202.149 acre tract, for an angle point in the northerly boundary line hereof, from which a 1/2" iron rod found bears N 66014'53" E a distance of 0.38 feet; THENCE, with the southerly boundary line of said 202.149 acre tract the following four (4) courses: 25) S 87022100" E for a distance of 783.72 feet to a calculated point for an angle point in the northerly line hereof, from which a 1/2" iron rod found bears S 02°07'13" W a distance of 0.13 feet; PARCEL: 1 � Page 5 of 8 COUNTY: WILLIAMSON OWNER: WILLIAMSON COUNTY 26) S 79052153" E for a distance of 800.74 feet to a calculated point for an angle point in the northerly line hereof; 27)S 69009113" E, at approximately 623 feet entering the City of Georgetown City Limits, for a distance of 861.43 feet to a calculated point for an angle point in the northerly line ereo , Trom which a iron rod found ears N 8348'30" W a distance of 0.19 feat, 28) S 75°36'13" E for a distance of 267.44 feet to the POINT OF BEGINNING containing 5.252 acres of land, more or less. Note 1: Courses 12 through 20 are along the City of Georgetown City Limits line. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No, 4203, NAD 83. THE S TATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That 1, M. Stephen Truesdaie, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Tru6sdaie Registered Professional Land Surveyor No Licensed State Land Surveyor Inland Civil Associates, L.L.C. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 265ROW.DOC 4933 IV17 £" Date / OF M. 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FEBANNEXATIONS p NE Draft Cartographic Data for Planning Purposes Only �'�`. Inner Loa November 2 2005 Area r•'r;�� Legend Oaks II Subdivision CR 265 Sudduth Drive rl 5 D. B. Wood Inner Loop Parcels Maes _- x , ,i 19 I. INTRODUCTION EXHIBIT C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN ANNEXATION AREA: COUNTY ROAD 265 RIGHT OF WAY COUNCIL DISTRICT NO. 3 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 "County Road 265 Right of Way". 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 2'/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 4'/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service an for County« o d 65 Right of Way Page I of 10 Voluntary Annexation 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 O 5-1 s l C. Annexation Service Plan for County Road 265 Right of Way Page 2 of 10 Voluntary Annexation standards contained in the UDC or referred to therein have not been complied with in full. 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. nnenation Service Plan for County Road 265 Right of Way Page 3 of 10 Voluntary Annexation For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 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; Electricians 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/z 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. 090 Arop � Annexation Service Plan for County Road 265 Right of Way Page 4 of 10 Voluntary Annexation 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 21h years of the 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. 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 A. 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 .) i i Annexation Service Plan for County Road 265 Right of Way Pa,e :1 of 10 Voluntary Annexation 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, B. 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. O ®I & e Annexation Service Plan for County Road 265 Right of Way Page 6 of 10 Voluntary Annexation 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 CUDC") shall apply in the annexed area. Portions of Chapter 13 of the UDC are summarized below: 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 0 � 1j Annexation Service Plan for County Road 265 Right of Way Page 7 of 10 Voluntary Annexation 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. 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: MO. 4005 A101v Exhib&U C Annexation Service Plan for County Road 265 Right of Way Page 8 of 10 Voluntary Annexation 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. 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. 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, Annexation Service Plan for County Road 265 Right of Way Page 9 of t0 Voluntary Annexation 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.) At time capacity is desired may obtain guaranteed capacity by paying in the same mariner 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. a �t e° Annexation Service Plan for County Road 265 Right of Way Voluntary Annexation Page 10 of 10