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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 .- II III, WINNOWS,, 1,111111 11 Will ... I Will IIIIIF ti:`'.�cgal Dcvclopmcni S T AFF,Sc=,kGcorgctwvr.Ta t `S A wpa a 0 a t of 1 fk ' 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 r" a . 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 zwa 024003 d C/a° ' 011' Ejr4;h0*l( Ile 10 RVe OWNERS, Travis L. Carter k9eth Carter