HomeMy WebLinkAboutORD 2003-45 - ANX Carter PropertyArl ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF GEORGETOWN, AND a ;
OF CERTAIN TERRITORY CONSISTING OF 0.68 ACRES, MORE OR LESS,
IN THE CLEMENT STUBBLEFIELD SURVEY, AS DESCRIBED IN EXHIBITA
OF ,, SAID TERRITORY LIES ADJACENT f AND
ADJOINS ; E: OF THE CITY OF
GEORGETOWN, TEXAS AND NOT BEING A PART OF ANY INCORPORATED
AREA; PROVIDING FOR SERVICE PLANS; REPEALING CONFLICTING
ORDINANCES RESOLUTIONS; , SEVERABILITY
s
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, may underthe 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 areas proposed for annexation are 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 specific criteria in the State Statute;
and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
February 11, 2003; and
WHEREAS,
the Georgetown
City
Council conducted public hearings on the proposed
annexation on April
8, 2003, and
April
22,
2003; 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 cf state law and the City Charter have been complied with;
Ordinance No. 62DO3 f 45
Annexation of 0.68 Acres, Carter Property
Page I of 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,
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 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
and are no
longer of any
Chapter of
the Policy
Plan.
SECTION 2. The City Council of the City of Georgetown hereby annexes: 0.68 acres, more
or less, in the Clement Stubblefield Survey, as described in Exhibit A of this ordinance, as shown in
Exhibit B of this ordinance, which contains the property descriptions for the tracts. Exhibit C contains
the service plan.
SECTION 3. The 0.68 acres, more or less, in the Clement Stubblefield Survey, as described
in Exhibit A of the is ordinance, is included in City Council District 3, as it is adjacent to Council
District 3 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 13"' dayof May 2003.
PASSED AND APPROVED on Second Reading on the dayof;zTuZ'01)3.
rdinance No. C2003 � 457
Annexation of 0.68 Acres, Carter Property
Page 2 of 3
m
Sandra D. Lee
City Secretary
D AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No. c2003% 45
Annexation of 0.68 Acres, Carter Property
Page 3 of 3
By: C0
Mayor
!TY OF GEORGETOWN:
Nelon
EXHIBIT A
LEGAL DESCRIPTION OF THE PARCEL
PERIMETER FIELD NOTES:
BEING 0.68 of an acre of land situated in the Clement Stubblefield Survey, Abstract No.558 in
Vri illiamson County. Texas; said land being a portion of that certain tract of land called 412 acres,
as conveyed to Jay L. Wolf, by deed as recorders in Volume 422. Page 84 of the Deed Records of
Williamson County, Texas. Surveyed on the ground in the month of February, 1984, tinder the
supervision of R.T. Magness, Jr., Registered Public Surveyor, and being more particularly described
as follows:
BEGINNING at an iron pin set for the N.W. corner hereof. said point being N 89° 30' E, 1674.28
feet; S 1'26' W, 995.42 feet: S 29° 24' W, 190.01 feet; and N 72° 49' 30" W, 133.45 feet from the
most northerly N.W. corner of the above -referenced 412 -acre tract; said most northerly N.W. corner
being marked by an iron pin set at a fence comer on the South line of State Highway No. 29, at or
near the worth line of the Clement Stubblefield Survey, Abstract No. 558;
TI E'`�CE S 720 49' 30" E; 164.I5 feet to an iron pin set for the N.E. corner hereof;
THENCE S 23 ° 15' W, 182.47 feet to an iron pin set, for the S.E. comer hereof:
T HENCE ?ti 68" 35' W, 170.70 feet to an iron pin set. for the S.W. corner hereof;
Ti3ENCE'v 25° 44' E. 170.70 feet to the place of BEGINNING anal containing 0.68 of an acre
of land_
NOTE, The above-described 0.68 of an acre of land has access to State Eighway No. 29 along a 30-
I --wide access easement being more particularly described as follows-
BEGDrNNING at an iron pin set, for the N.E. corner of the said 0.68 of an acre tract, for the S.E.
corner hereof;
THENCE N 72° 49' 30" W. 30.70 feet to an iron pin set. for the S. W. corner hereof;
THENCE N 29° 24' E, 190.01 feet to an iron pin set: and `�i 1 " ^d' E, 995.42 feet to an iron pin set
on the South line of State Highway No. 29. for the N -W. corner hereof:
TH ENCP 8r= 30' E.30.01 feet. along the said South fine of State IT
nighwav No. 29 to an iron pin set,
for theN.E. cornerhereof: "
TNEENCE S 1 ° 26' W. !.003.9`' feet to an iron pin set and S 2ca° " V W. 1 ?0.97 feet to the place of
BE GitiTvi vG and ;:ontaining 0.K of an acre of land.
?yA i'illS..
EXHIBIT B
SITE PLAN
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Exhibit C
City of Georgetown Municipal Service Plan
Introduction•
Requests have been received from Travis L. Carter and Jo Beth Carter, referred to
collectively herein as "Petitioners" or Owners", to annex a 0.68 acre tract, more or less, out
of the Clement Stubblefield Survey, Abstract No. 558, into the City of Georgetown. The
property is located southwest of the intersection of State Highway 29 and Interstate
Highway 35 and will adjoin the present City limits.
A legal description of the property is attached.
The area includes a residence where less than three qualified voters reside. The
topography is similar to the property in the area west of Interstate 35 and South of
Highway 29.
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 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. In this case, wastewater service is not
currently available to the annexed area, and such service will not be made available
to the annexed area unless and until the City and the Owners (or their heirs or
assigns) enter into a mutually acceptable Agreement to design, construct, and finance
the capital improvements necessary to make municipal wastewater service available
to the annexed area. The Agreement is a method by which the City of Georgetown
has extended services to similar areas of the City, consistent with Section 43.065(x) 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
Service Plan: 0. 68 Acre Carter Trtzct
41 Vf to 'Pa
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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.
II. Fire Protection (Including Emergency 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.
III. 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.
I-V. Fater Service in the Service Area of the City
A) Existing services: None
B) Services to be provided: Water service to the area is available at the intersection
of IH 35 and State Highway 29, and parallel to the east property line and 1H 35
right -off -way. The owners (or their heirs or assigns) are solely responsible for
making water available to the annexed area by extending the water main along
State Highway 29,
V Wastewater Service
A} Existing services: None
B) Services to be provided: No wastewater services are available to the annexed
area and, without an Agreement between the City and the Owners (or their heirs
or assigns), none can be provided within the time periods specified in Section
43.055(b) of the Texas Local Government Code, due to the location, size, and
projected manner of development. No such service will be made available.to the
annexed area unless and until a mutually acceptable Agreement is entered into
between the Owners and the City. If no such Agreement is entered into, then no
wastewater service shall be provided to the annexed area.
V1. 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. Paries and Recreation
A) Existing services: None
B) Services to be provided: All of the city parks and recreational facilities shall be
,S�erviee Plan: 0. 68A cre Carter Tract
♦ ��-.:� mss"
mow.
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 I.,iahtm*
A) Existing services: None
B) Services to be provided: The city shall provide to the residents of the annexed
area the same type services for placement of street lights that are currently
provided to any other area of the city.
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.
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 constriction 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.
XIM Utility SystemCapital Improvements
The construction of any utility system capital improvements shall be in accordance
with the tenns of the Agreement. The 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.
&rvice Plan: 0. 68 Acre Carter TI -act
4
Is .r
3
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 Analysis
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,
XVIII. Attestation by Owners
By our signatures below, each Owner and Petitioner of the annexed area hereby
agrees and attests as follows:
.As is stated in Section 43.056(e) of the Texas Local Government Code, the City and
the Owners agree that the development project within the annexed area, because of
its size or projected manner of development, will be subject to a Development
Agreement.
The Petitioners understand that municipal wastewater service is currently not
available in the area of the property to be annexed. Petitioners fittther understand and
agree that provision of such municipal wastewater services to the annexed area would
require substantial capital improvements that are not in the City's current or long-
range Capital Improvements Plan. Therefore, Petitioners specifically agree that the
City is not obligated to provide municipal wastewater service to the annexed area
within the timeframes stated in § 43.056 of the Texas Local Government Code.
Petitioners further agree that municipal wastewater service will only be provided to
the annexed area if the City and the Petitioners enter into a mutually acceptable
agreement providing for the design and construction of, and payment for, the capital
improvements required to be constructed in order to provide municipal wastewater
service to the annexed area.
,`service Flan: 0.68,4cre Carter Tract 4
CITY OF GEORGETOWN,
Gary Nelon, Mayor
City of Georgetown
Approved as to Form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Service Phut: 0.68 Acre Carter Tract
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Ejr4;h0*l(
Ile 10
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OWNERS,
Travis L. Carter
k9eth Carter