HomeMy WebLinkAboutRES 880215RESOLUTION -980,11,5
A RESOLUTION OF THE CITY COUNCIL OF THE CIT
OF GEORGETOWN, TEXAS STATING THE CITY'
INTENT TO CERTIFY ALL SUBDIVISIONS WITHIN TH
GEORGETOWN PLANNING AREA PRIOR TO EXTENSIO
AND CONNECTION OF ANY PUBLIC UTILITIES
DELEGATING AUTHORITY OVER SUCH CERTIFICATION
TO THE DIRECTOR OF THE DIVISION 0
DEVELOPMENT AND PLANNING, AND PROVIDING I
FOP
APPEALS4
WHEREAS, the Texas Local Government Code Chapter 212.
(formerly Article 974a, V.T.C.S., "The Subdivision Act") provides
that a city may exercise jurisdiction over subdivision activity
w ithin five miles of the corporate limits of the city; and
I
WHEREAS, the City of Georgetown exercises jurisdiction over
subdivision activity within its one -mile extraterritorial
jurisdiction (ETJ) as that ETJ is described by the Texas Local
Government Code Chapter 43. (formerly Article 970a, V.T.C.S.,
"The Municipal Annexation Act"); and the City generally requires
the recording of a plat instrument prior to the development of
land within the City and its ETJ; and
WHEREAS, the City Council on March 8, 1988 adopted by
resolution the Policy Plan element of Georgetown's Century Plan
which graphically depicts the City's Planning Area, all of which
land area lies within five miles of the City's corporate limits;
and the City Council finds it in the interest of the citizens of
Georgetown for the City to monitor land development activity
within the City's Planning Areai, and
WHEREAS, Senate Bill 408 enacted by the 1987 Texas
Legislature and codified in the Texas Local Government Code,
Chapter 212., provides that on the written request of a land
owner or a public utility a city shall provide written
certification either that a plat is required or that a plat is
not required for development of a specified parcel within the
city's planning area, and further that a utility provider may not
serve or connect any land with utilities unless the utility
provider has been presented�with or otherwise holds a certificate
applicable to the land and issued by the city having
jurisdiction; and
WHEREAS, Senate Bill 408 provides that the governing body
shall issue the required certificate within prescribed time
limits, and the City Council desires to provide timely response
to all parties requesting certification as described above;
(psf 408 Cert. Resolution 6-17 88)
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Georgetown, Texas, that:
L. The City desires and intends to conduct the "408
Certification" process, by which the City will certify
subdivisions prior to connection or extension of public
utilities, as set forth in the Texas Local Government Code
Chapter 212, within the City of Georgetown Planning Area as
that area is generally identified within the Policy Plan
element of the Century Plan;
2. The City Council hereby delegates to the Director of the
Division of Development and Planning the authority to issue
written certifications pursuant to the provisions of Senate
Bill 408, and to develop and implement such guidelines and
procedures as may be necessary and helpful in the
administration of the certification process.
3. Any person or entity aggrieved by the decision of the
Director shall then request the City Council to issue a
certification. The request shall be filed in the City
Secretary's office within twenty days of the date of the
Director's decision. The action of the City Council on
such a request shall be final*
READ, PASSED AND APPROVED this 28th day of June, 1988.
Tim Kennedy, Mayor V
City of Georgetown(
ATTEST:
Leta Willoughby
City Secretary
APPROVED AS TO FORM:
DiA e - Cal fander
City Attorney
(psf 408 Cert. Resolution 6-17-88)
To: Mayor and City Council
From: John Warden, Chief Planner
Date: June 20, 1988
Subject: Resolution establishing the 408 Certification Process
Senate Bill 408 enacted • the 1987 Texas Legislature provides
that no public utilities may be extended to new development
within a city's planning area until the city has certified that a
plat of the property has been approved and recorded or that a
plat is not required. Since the Century Plan has identified a
Planning Area of interest to the City of Georgetown which extends
well beyond the current one -mile ETi, it is in the City's
interest to monitor development occurring within that larger
Planning Area, as well as to enforce the Subdivision Regulations
within the ETJ, The attached resolution affirms the City's
intent to monitor development within the Georgetown Planning Area
by means of the plat certification process enabled by state law.
The resolution delegates the Director of Development and Planning
to administer the certification process.
The resolution does not affect the boundary of the ETJ or t
applicability of the Subdivision Regulations. I
The staff has met with representatives of twelve utility
providers operating within the Georgetown Planning Area. The
utilities have been receptive to the new process. Upon Council
approval of the resolution, the staff will send to each utility
confirmation of the City's intention to certify development prior
to utility extensions, along with a map of the Georgetown
Planning Area and guidelines for certification requests.