Loading...
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.