HomeMy WebLinkAboutORD 2003-77 - ANX SW corner of IH35 & SH29ORDINANCE NO.O,� '7
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, AND THE ANNEXATION
OF CERTAIN TERRITORY CONSISTING OF 0.484 ACRES, MORE OR LESS,
IN THE CLEMENT STUBBLEFIELD SURVEY, AS DESCRIBED IN EXHIBIT A
OF THIS ORDINANCE; WHICH SAID TERRITORY UES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY OF
GEORGETOWN, TEXAS AND NOT BEING A PART OF ANY INCORPORATED
AREA; PROVIDING FOR SERVICE PLANS; 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 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 witing
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
August 26, 2003; and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on September 9, 2003, and September 23, 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 of state law and the City Charter have been complied with;
Ordinance No. ' o a 7
Annexation of 0.484 Acres. Welf Property
Page 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 Pian 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 Chapter of the Policy Plan.
SECTION 2. The City Council of the City of Georgetown hereby annexes: 0.484 acres, more
or less, in the Clement Stubblefield 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 0.484 acres, more or less, in the Clement Stubblefield Survey, as described
in Ex.+-.,,, u fihit A of the is ordinance, is included in City Ccundl District 3, es it is aU,acent 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 144th dayof October 2003.
PASSED AND APPROVED on Second Reading on the 24 dayof Oe,
?$ rr
Ordinance No. �
Annexation of 0.484 Acres, Wolf Property
Page 2 of
ATTEST: THE CITY OF GEORGETOWN:
SSR4F&a'� ( t�c
Tele, L� '>;I 4 � i C'14
i:y Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2 616 �S4
Annexation of 0.484 Acres, Wolf Property
Page 3 of 3
Mayor
vof 14i'4uUa Lnu 14;1t rA3 Jtit;ETS a (';Xubbt.ltu) r,(;*
0.4 8 4 ACRES
PORTION OF WOLF TRACT
SIMON PROPERTY GROUP
ss•W- r
(� 003/005
FN NO. 03 -186 (JJM)
JULY 24, 2003
PPI JOB N0. 3.262-01.09
OF A O.484 ACRE TRACT OF LAND OUT OF THE CLFM.ENT S rt ELEF_Th^LD
SLr�2%.Pw, p.HStRa,CT NO. 558, SITUATED IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THAT CERTAIN 412 ACRE TRACT OF LAND CONVEYED TO
JAY L. WOLF BY DEED OF RECORD IN VOLUME 422, PAGE 84 OF nM DEED
RECORDS OF WILLIAM50N COUNTY; TEXAS; SAID 0.484 ACRE TRACT BE'ZNG
MOREPAaTIC'JLAR.LY DESC2I73ED BY METES AND BOUNDS AS FOLLOWS:
GO=CSNG, at a concrete highway monument found at the
southwesterly intersection of Interstate Highway 35 (R.O.W.
Var:ics) and state Highway 29 (100` R.O,W.), being the
northeTract;
corner
Traet; of a remaining portion of said 412 acre Wolf
TBai(:E', leaving the westerly right-of-way line of Interstate
Kighway 35, along the southerly right-of-way line of State Highway
29, being the northerly line of said 412 acre Wolf Tract, the
following two (2) courses and di.sLances:
1) N451119`14"W, a distance of 133.83 feet to a 1/2 inch iron rad
Lound;
2) dieiane .
. Lees to the P03:NT 0�°
BEG NW"1r,,NG, for the northeasterly corner hereof;
CE, leaving the southerly right-of-way line of State Highway
2.9r oviar and across sal.". 412 acre Wolf iiQ.ct for the easterly,
southerly and westerly lines hereof, the following six (6) courses
and d. stf ances :
1) S47"2119/1E. a distance of 84.85 feet to a point;
2) 502°21'16"E, a distance of 275.00 feet to the southeasterly
corner hereof;
3) S87°38'44"W, a distance of 63.04 feet to a 1/2 inch iron rod
with cap set for the southwesterly corner hereof;
4) NO2°21`160W, a distance of 275.00 feet to a 1/2 inch iron red
with can set;
5) N47121'16"W, a distance of 70.71 feet to a 1/2 inch iron rod
with can set;
ry o
n
op'e
vv.lY/4v" 4"U 4160 � r1%3 anrInia M bRVaar LL'L.0 r.l..
FN- 03-I86 (JJM)
JULY 24, 2003
PAGE 2 OF 2
6} NO2°21116"W, a distance of 10.00 feet to a 1/2 inch iron rod
with cap set in the southerly right-of-way line of State
Highway- 29, being the northerly line of said 412 acre Wolf
Tract for the northwesterly corner hereof, from which a If2
inch iron rod found in the Southerly line of State Highway
29, being the northeasterly corner of Lot I Legend Oaks
Section 11, a subdivision of record in Cabinet I, Slide 269
of the Plat Records a -f Williamson County, Texas, bears
S8703$`44"W, a distance of 471.60 feet;
10004/005
TEMCZ,r 17870381440E, along the southerly right-of-way line of
State highway 29, being the northerly line of said 412 acre Wolf
Tract and hereof, a distance of 53.04 feet to the n2aiT qg.
BEGINNING, containing an area of 0.484 acres (21,067 sq. f4.) of
land, more or less, within these metes and bounds.
TEAT 1, JOF14 T. BILLNOSKI, A REGISTERED PROFESSIONAL JaLNm SURVEyoRr
DO HEREBY O~:aTiFY T?'AT THZE t�P.OPERTY I?ESCRIBED HEREIN WAS
DETERP4INF'D BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERV:' SIGN.
BURY & PARTINERS , T.NC e
ENGTNEERS-SURVEYORS JOH
3345 BEE CAVE ROAD, SUITE 200 R.P
AUSTIN, TEXAS 078746 STA
451
r. HILNOSKT
.S. NO. 4998
OF TEXAS
Exhibit B'
Proposed Annexation Request
Wolf Ranch Project 0.484 Acres
Legend
ETJ Boundary
Parcels
1 1 City Limits
ROAD_rfPE
Coller_tor
_ Freeway
Local
Major Arterial
Minor Arteria,
0=00 Proposed Art j
r Railroad �!
City of Georgetown u
Planning and Development Services Division: r
Draft Cartographic Data for Planning Purposes Only
August 14, 2003
t PM
C:4 a.. o
Exhibit C
City of Georgetown Municipal Service Plan
Introduction:
Requests have been received from Bettie M. Wolf, Judy Wolf Hindelang, Susan Jane Wolf
Robertson, Jay Leon Wolf, Jr., Iva Wolf McLachlan, and James David Wolf, referred to
collectively herein as "Petitioners" or Owners", to annex a 0.484 acre, more or less, tract
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 under terms of the Simon Wolf Ranch Development Agreement
entered into by the City and the Property Owners on July 16, 2003. 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(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 'iZ years following the date of annexation, unless otherwise specified
below:
I. Police Protection
A) Existing services: None
Service Phur: 0.484 Acre 4`64f Traci 1
r
' �_�
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.
II. Fire Protection (IncludinjZ EmerQencv 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.
IV. Nater 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 IH 35
right-ofs-�vay. "'he 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
43.056(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.
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
.Service Plan: 0.484 ,4cre golf Traci �
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 Liahtina
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. PlanninZ 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. Buildine 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. 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 SvstemCapital Improvements
The construction of any utility system capital improvements shall be in accordance
with the terms 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.
Service Plan: 0.484 Acre Wolf Tract 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 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.
XVIII.:a.ttestation 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 4el
:).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 further 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 longi
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 Plan: 0.484 Acre Gt%olf Tract
s —)
4
CITY OF GEORGETOWN
Gary Nelon, Mayor
City of Georgetown
Approved as to Form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
OWNERS,
Bettie M. Wolf
Judy Wolf Hindelang
Susan Jane Wolf Robertson
Jay Leon Wolf, Jr.
Iva Wolf McLachlan
James David Wolf
Service Plan: 0.484 Acre Wolf'Tract 5