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HomeMy WebLinkAboutORD 2004-24 - ANX Sun City 24B-2 & 40ORDINANCE NO. 00 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, • * THE ANNEXATION CERTAIN F. ORY CONSISTING OF • ACRES, • OR LESS, IN THE BURRELL EAVES SURVEY, AS EXHIBIT ORDINANCE; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY OF GEORGETOWN, TEXAS AND NOT BEING A PART OF ANY INCORPORATED AREA; PROVIDING PLANS;SERVICE REPEALING 1► y ORDINANCES 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 �'�Il-ii= RE.�S, St.,te Statute allows for the annexation of sparsely occupied areas on a petition of the iandowner f specific criteria are met; and WHEREAS, the areas proposed for annexation are one-half mile or less in width, are contiguous to the Cit,! 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 February 24, 2004; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on March 9, 2004, and March 23, 2004; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and WHEREAS, all prerequisites of state law and the City Charter have been complied with; Ordinance No. .annexation of 30.42 Acres, Sun City Neighborhood 248-2 and 40 rage 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan - Policy Plan Element: 1, Policy Statement: Citizens of Georgetown experience astable, self-sustaining economy with expanding job opportunities. 2. Policy Statement: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement. Citizens, business owners and organizations enjoy the benefits of well-planned land usage in which conflicting needs are balanced. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown hereby annexes: 30.42 acres, more or less, in the Burrell Eaves Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance, which contains the property descriptions for the tracts. Exhibit C contains the service plan. SECTION 3. The 30.42 acres, more or less, in the Burrell Eaves Survey, as described in i_X�'iil',i` A GJr the is ordinal ice, is inciuded in City Council District 4, as it is adfac n t tc Ccur'icil ;�strict4 and no other City Council Districts. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict ,rich 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 13`i' dayof April 2004. PASSED AND APPROVED on Second Reading on the day of*r—d-;}AKULL Ordinance No. Annexation of 30.42 Acres, S+tin City Neighborhood 246-2 and 40 Page 2 of 3 ATTEST: fgr✓`� rj . Sandra D. Lee City Secretary APPROVED AS TO FORM: s .g t 1 }'` w s Patricia E. 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M w�� &2 Q3c� cyZ� q Z !wzi � ` QIP V C: W� IL n n w a am r dFa "mx 0 ou Ul u G cm UA �n p C: ^ v 0 OtN a y. t� 4 Us um W OZ Ih tip EXHIBIT C City of Georgetown Municipal Service Plan Introduction.• Requests have been received from Del Web Texas, LTD, and their designated agent, per the February 14, 1995 Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., L.P., referred to collectively herein as "Petitioners" or Owners", to annex a 30.42 acre, more or less, tract out of the Burrell Eaves Survey, into the City of Georgetown. The property is located north of Texas Drive, for Sun City Neighborhoods 2413-2 and 40 and will adjoin the present City limits. A legal description of the property is attached. The area includes no residences, and where less than three qualified voters reside. The topography is similar to the property in the area west of Interstate 35 and North of Williams Drive. This service plan has been prepared in accordance with Section 43.056 of the Texas Local Government Code. NOTE. This annexation was initiated by the petition or request of the owners of land in the annexed area. As is stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed -development project within an area annexed at the request or on the petition of the landowner when the Citv and the landowners subsequently agree in writing that the development project within that area, because of its sire or projected manner of development by the developer, is not reasonably expected to be completed within that period. The City of Georgetown has entered into a Development Agreement with Del Webb Texas, LTD, on February 14, 1.995, with subsequent amendments. The Development Agreement is a method by which the City of Georgetown has extended services to similar areas of the City, consistent with Section 43.065(a) of the Texas Local Government Code. Schedule of Municipal Services to be Provided Municipal facilities and services to the annexed area will be made available or provided by the City within 2 /z years followinb the date of annexation, unless otherwise specified below: L Police Protection A) Existing services: None B) Services to be provided: Police protection personnel and equipment from the city police department shall be provided to the annexed area, beginning on the effective date of the annexation ordinance, and shall be provided at the same level of service as currently provided throughout the, city. C) Animal control services will be provided in the area when requested. Sca Vicc Plan: 30.4' ,Acro Stin Citi, iVeighhorhoods 4B-2 and 40 I O m azwq,�w OZ Exh4pli fed of II. k ire Protection (Includinfr Ambulance) A) Existing services: None B) Services to be provided: Fire protection personnel and equipment from the city fire department shall be provided to the annexed area, beginning on the effective date of the annexation ordinance, and shall be provided at the same level of service as currently provided throughout the city. ' M. Solid Waste Collection A) Existing services: None B) Services to be provided: Solid waste collection shall be available to the annexed area on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide waste collection services to a person who uses the services of a privately -owned solid waste management provider. IV. Water Service in the Service Area of the Citv A) Existing services: None B) Services to be provided: Water service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. V. Wastewater Service A) Existing services: None B) Services to be provided: Wastewater service to the area is available per the February 14, 1995 Devclopment Agreement, with subsequent amendments. VZ. Maintenance of Roads and Streets A) Existing services: None B, Ser, ices to be provided: For Cm, streets, street maintenance and other street services �hwil be prtvi(je(l to the annexed area on the same basis and at the same level as provided throug=hout the city. VII. Parks anti Recreation A) Existing services: None B) Services to be provided: All of the city parks and recreational facilities shall be available for use by residents of the annexed area, beginning on the effective date of the annexation ordinance. VIII. Library Service A) Existing services: City library facilities are presently available. B) Services to be provided: All of the city library facilities shall be available for use by residents of the annexed area, at the same level of service as currently provided throughout the City, beginning on the effective date of the annexation ordinance. IX. Street Li;hting A) Existing services: None B) Services to be provided: Street Lighting will be provided per the February 14, 1995 Development Agreement, with subsequent amendments. X. Planning and Zoning A) Existing services: None B) Services to be provided: The planning and zoning jurisdictions, including the subdivision platting process of the city, will extend to the annexed area on the effective date of the annexation ordinance. 5'tr� tce Pr'in.- 30.4? :-1crc, Sun C 1tv 1Vei,qhbor•hoods 7413-2 aml 40 -0,11 XI. Building Inspection - Code Enforcement A) Existing Services: None B) Services to be provided: On the effective date of the annexation ordinance, building inspection personnel and equipment from the city building inspection department shall be provided to the annexed area. On the effective date of the annexation ordinance, all building permits and related construction permits will be issued in accordance with existing city ordinances resolutions, regulations, and building codes. On the effective date of the annexation ordinance, on site inspection services of new construction will be provided. Or, the effective date of the annexation ordinance, the Planning and Development Services Division will provide consultation with the developers concerning site plans and building code requirements. XII. Miscellaneous All other applicable municipal services will be provided to the area in accordance with policies established by the City. XIII. Utility Svstem Capital Improvements The construction of any utility system capital improvements shall be in accordance with the terms of the Development Agreement. The Development Agreement and this service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. However, the city does not violate this service plan or the Texas Local Government Code if the construction process is interrupted for any reason by circumstances beyond the direct control of the city. XIV. Level of Service Nothing in this plan shall require the city to provide a uniform level of municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are*'considered a sufficient basis for providing different levels of service. XV. Fiscal Analvsis The provision of services to the annexed area will have little cost impact on the City of Georgetown's General Fund or on the utility ratepayers. XVI. 'Perm This service plan shall be valid for a term of ten (10) years. XVII. Amendments This plan shall not be amended unless public hearings are held in accordance with Section 43.0561 of the Texas Local Government Code. Service Plan: 30.42 4cre Stm Ci[ Nei(,)rlzborhoods 248-2 and 40 3 A