HomeMy WebLinkAboutORD 2004-61 - ANX Sun City 20ORDINANCE
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WHEREAS, the City Council of the City of Georgetown, Texas, may under the Chatter of said
City, Section 1.06, annex areas as allowed by State law; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
WHEREAS, the
petition
described the area by metes and bounds
and was acknowledged in
the manner required for
deeds
by each person
having an interest in the
area; and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of the landowner if specific criteria are met; and
WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous
to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than
three qualified voters in residence, thus meeting the speciirc 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
August 10, 2004; and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on August 10, 2004, and August 24, 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. 410011® &/
Annexation of 39.473 Acres, Sun City Neighborhood 20
Pace 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:
7. Policy Statement: Citizens of Georgetown experience a stable, self-sustaining
economy with expanding job opportunities.
2. Policy Statement: Georgetown's natural and physical resources are managed so
that citizens enjoy the benefits of economic and social development.
3. Policy Statement: Citizens, business owners and organizations enjoy the benefits
of well-planned land usage in which conflicting needs are balanced.
and further finds that the enactment of this ordinance
is not inconsistent
or in conflict with any
other
Century Plan Policies, as required by Section 2.03 of
the Administrative
Chapter of the Policy
Plan.
SECTION 2. The City Council of the City of Georgetown hereby annexes: 39.473 acres,
more or less, in the Frederick Foy Survey, as described in Exhibit A of this ordinance, as shown in B
of this ordinance. Exhibit C contains the service plan.
SECTION 3. The 39.473 acres, more or less, in the Frederick Foy Survey, as described in
Exhibit A of the is ordinance, is included in City Council District 4, as it is adjacent to Council District4
C 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 14th dayof September 2004,
PASSED AND APPROVED on Second Reading on the 9 dayof 6L �` 206'v
Ordinance No. Jw t
Annexation of 39.473 Acres, Sun City Neighborhood 20
Page 2of3
ATTEST:
r
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No.02010t' /O/
Annexation of 39.473 .Acres, Sun City Neighborhood 20
Page 3 of 3
THE CITY OF GEORGETOWN:
Mayor
EXHIBIT A
METES AND BOUNDS DESCRIPTION
39.473 ACRES
FREDERICK FOY SURVEY, A429
WILLL46MSON COUNTY, TEXAS
Being 39.473 -acres of land in the Frederick Foy Survey, Abstract 229, Williamson County, Texas and
being out of four (4) tracts of land conveyed to Dei Webb Texas Limited Partnership (LTD.) as
recorded in Document No.s 9605679, 96556669 9752930, and 9558177 of the Official Records of
Williamson County, Texas (O.RW.C.T.). Said 39.473 acre tract being more particularly described by
metes and bounds as follows with all bearings referenced to the Texas .State Plane Coordinate System,
Texas Central Zone, NAD 83/93 HARN Datum with all distances converted to surface by multiplying
by the combined scale factor of 1.000143965. All coordinates are grid.
BEGINNING at a point marldng the most northwesterly comer of a subdivision called Planned Unit
Development of Sun City Georgetown, Phase 4-B, Neighborhood Seventeen A and recorded in
Cabinet "T", Slides 276-278 of the Williamson County Flat Records (W.C.P.R.), same being the
southeasterly corner of Parcel No. 1, called 11.977 acre tract conveyed to Sun City Georgetown
Community Association Inc and recorded in Document No. 2003104843 O.R.W.C.T.;
THENCE, along the westerly line of said Planned Unit Development of Sun City Georgetown, Phase
4-B, Neighborhood Seventeen -A the following two (2) courses and distances:
1. South 02010255" East, a distance of 30.82 feet to a point for corner;
2. South 49046'55" East, a distance of 220.96 feet to a point for corner;
THENCE, North 71022'55" West, a distance of 135.82 feet to a point for corner,
THENCE, South 73°50'43" West, a distance of 433.91 feet to a point for corner,
THENCE, South 51°44'27" West, a distance of 646.12 feet to a point for comer,
THENCE, South 76°42'45" West, a distance of 349.90 feet to a point for comer,
THENCE, North 70032141" West, a distance of 283.86 feet to a point for corner,
THENCE, North 28°15'35" West, a distance of 276.26 feet to a point for comer,
THENCE, North 06°49'30" West, a distance of 404.77 feet to a point for corner;
THENCE, North 28014124" West, a distance of 526.27 feet to a point for corner,
THENCE, North 75°59'49" East, a distance of 1,214.26 feet to a point for comer and being in the
westerly line of Parcel No. 2, called 29.592 acres conveyed to Sun City Georgetown Community
Association Inc and recorded in Document No. 2003104843 O.R.W.C.T.;
?'IDELWEBB1630001 tANNEXATION DESCRIPTIONSIDocsW&BI Annexation Tract - 39.473 acres.doc
Page I of 2
M
THENCE, along the westerly line of said Parcel 2 the following three (3) courses and distances:
I. South 40°51'04" East, a distance of 95.37 feet to a point'for corner,
2. South 41 ° 16'50" East, a distance of 150.88 feet to a point for corner and being in the arc of a
nontangent curvature curve to the Ieft,
3. 213.46 feet along the arc of said curve to the left having a radius of 2770.00 feet, a Delta of
4024'55" and a Chord bearing and distance of North 46°30'43" East, 213.40 feet, to a point for
comer;
THENCE, South 45031'33" East, a distance of 60.00 feet to a point for comer and being in the
northwest line of aforementioned Parcel No. 1 and being in the arc of a non -tangent curve to the right;
THENCE, along the north & westerly line of said Parcel 1 the following six (6) courses and distances:
1. 232.62 feet along the arc of said curve to the right having a radius of 2830.00 feet, a Delta of
4°42'34" and a Chord bearing and distance of South 46°39'46" West, 232.55 feet, to a point
for comer;
2. South 15°07'25" East, a distance of 140.06 feet to a point for comer;
3. South 22°22'20" East, a distance of 116.77 feet to the point of a non tangent, curvature curve to::
the right;
4. 117.14 feet along the arc of said curve to the right having a radius of 50.00 feet, a Delta of
134013'50" and a Chord bearing and distance of South 63030'39" East, 92.14 feet, to a point
for comer; • .
5. South 86°23'20" East, a distance of 40.48 feet to a point for comer;
6. South 55°27'48" East, a distance of - 421.08 feet to the POINT OF BEGINNING and
containing a computed area of 39.473 acres (1,719,445 sq. ft.) of land.
Prepared by:
SURVCON INC.
400 W.15`h Street
Austin, Texas 78701
July, 2004
Z.•tDELWEBB1630001tkWEYATIONDESCRIPTIONS1DocstM&BI Annexation Tract -39.473 acres.doc
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EXHIBIT C
City of Georgetown Municipal Service Pian
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 39.473, more or less, tract out of the Frederick Foy Survey,
into the City of Georgetown. The property is located west of Sun City Boulevard, for Sun City
Neighborhoods 20 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
Iandowner when the City and the landowners subsequently agree in writing that the
development project within that area, because of its size or projected manner of development
by the developer, is not reasonably expected to be completed within that period. The City of
Georgetown has entered into a Development Agreement with Del Webb Texas, LTD, on
February 14, 1995, with subsequent amendments. The Development Agreement is a method
by which the City of Georgetown has extended services to similar areas of the City, consistent
with Section 43.065(a) of the Texas Local Government Code.
Schedule of Municipal Services to be Provided
'Municipal
facilities and services to
the annexed area will
be made available or provided by the City
within 2 '/2
years following the date
of annexation, unless
otherwise specified below:
I. Police Protection
A) Existing services: None
B) Services to be provided: Police protection personnel and equipment from the city police
department shall be provided to the annexed area, beginning on the effective date of the
annexation ordinance, and. shall be provided at the same level of service as currently
provided throughout the city.
C) Animal control services will be provided in the area when requested.
Service Plan: 23.7452 Acre Scan City Neighborhoods 20 1
H. Fire Protection (Including Emergencv 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 City
A) Existing services: None
B) Services to be provided: Water service to the area is available per the February 14, 1995
Development Agreement, with subsequent amendments.
V. Wastewater Service
A) Existing services: None
B) Services to be provided: Wastewater service to the area is available per the February 14,
1995 Development Agreement, with subsequent amendments.
VI. Maintenance of Roads and Streets
A) Existing services: None
B) Services to be provided: For City streets, street maintenance and other street services
shall be provided to the annexed area.on the same basis and at the same level as provided
throughout the city.
VII. Parks and Recreation
A) Existing services: None
B) Services to be provided: All of the city parks and recreational facilities shall be available
for use by residents of the annexed area, - beginning on the effective date of the
annexation ordinance.
VIII. Library Service
A) Existing services: City library facilities are presently available.
B) Services to be provided: All of the city library facilities shall be available for use by
residents of the annexed area, at the same level of service as currently provided
throughout the City, beginning on the effective date of the annexation ordinance.
IX. Street Lighting
A) Existing services: None
B) Services to be provided: Street Lighting will be provided per the February 14, 1995
Development Agreement, with subsequent amendments.
X. Planning and Zoning
A) Existing services: None
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.
Service Platt: 23.7432 Acre Sun City Neighborhoods 20 2
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
bilding permits and related construction permits will be issued in accordance with
existing city ordinances resolutions, regulations, and building codes. On the effective
date of the annexation ordinance, on site inspection services of new construction will be
provided. On the effective date of the annexation ordinance, the Planning and
Development Services Division will provide consultation with the developers concerning
site plans and building code requirements.
XII. Miscellaneous
All other applicable municipal services will be provided to the area in accordance with
policies established by the City.
XIII. Utility System Capital Improvements
The construction of any utility system capital improvements shall be in accordance with the
terms of the Development Agreement. The Development Agreement and this service plan
may be amended to extend the period for construction if the construction is proceeding with
all deliberate speed. However, the city does not violate this service plan or the Texas Local
Government Code if the construction process is interrupted for any reason by circumstances
beyond the direct control of the city.
XN. 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. Term
This service plan shall be valid for a term of ten (10) years.
XVII. Amendments
This plan shall not be amended unless public hearings are held in accordance with Section
43.0561 of the Texas Local Government Code.
Service Plan: 23.7452 Acre Sun Citv Neighborhoods 20 3