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HomeMy WebLinkAboutORD 2016-12 - Williams ROW 2016•. No. Ilii 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, 2N, ria%t-iff- way, as described herein; providing for service plans; repealing conflicting Iviril.-twiceewrri 2:yi wtaWWxh&�g 2;-1 effective date. Whereas, the Georgetown City Council approved a resolution granting the petition on January 12,2016; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on January 12, 2016, and January 26, 2016; 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; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas RM 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits various portions of Williams Drive right-of-way, as shown in "Exhibit A" of this ordinance, and as shown and described in "Exhibits A and B" of this ordinance. "Exhibit C" contains the service plan. Section 3. The right-of-way, as shown and described in "Exhibits A and B" of this Ordinance No. aOiLg— I Williams ROW 2016 Date Approved: 2.23.2016 Page I of 2 Exhibit A,BC attached ordinance, is hereby 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 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.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. 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 accordance with the City Charter, Attest: Approved as to form: Interim City Attorney Ordinance No. a01( -0—U6-- Williams ROW 2016 Date Approved: 2,23.2016 The City of Georgetown: Dale Ross Page 2 of 2 Exhibit A,B,C attached _ w w EiWmoa�z�-u ow m —i aJa}0 04OLL N 1W 4aNtZwSY Ow'OaNz<mZzoa OffvTsi dart 2Wj p e O . [ zSmm 0Q �pz o ^OWwzma f -N 6 W K u T ud . 0�47 CL. CJ �t4000 u 2NQ gt7t tl' wj a ye ®rwzo N W 8 0 d 0 wtN WO..:W w T w u r d ca LU sr ,,.. A Rp t , 50 cw 1 WOOD R ti®d SIS 1 Od tie r " `` w . �pa�—N-1< al > a v! ? � REIJ-poleBV I}g' x wm c 1 -o 9 o UJ C3 i . LU t- ua ,J` f Lu t b ,,,--AI_A. i -co) ? to h o po y� pa 0� NICOLE w �`' a oG.�oz os' �x �tr�s to s€ 5 ° 0 o R 4 g< '' a`;`w 0 o c r `o m , xi; 3 W r O jj 1= rw6 � u «.m.�mxwmwmcnxaaxax m=w:,wm 3 art d t{ w A& Vky s AAA f' p r P t 3 ,scxsav7:Y ^`+ .ate f{ s w .r Z L7 z 0 Jim Hogg Line Description V 1: rMT!7Mr.77,7r W711 interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. BEGINNING at a calculated point in the southeasterly right-of-way line of Jim Hogg Drive, same being the most westerly corner of a called 0.169 acre tract as described in that deed to the State of Texas and recorded inDocument Number 20O7O90O79ofthe Official Public Records ofsaid County, for the most southerly southeast corner and POINT 8F BEGINNING hereof; THENCE crossing the right+of-wayofsaid Jim Hogg Drive, N6D"26'36'VVfor adistance of99.D2feet toa calculated point in the westerly right-of-way of Jim Hogg Drive, same being the southeasterly corner of a called 0.326 acre tract as described in that deed to the State of Texas and recorded in Document Number 2006065937 of the Official Public Records of said County, for the most easterly southwest corner hereof; THENCE with the southerly line of RM 2338 (also known asWilliams Drivesame being the southerly boundary line of said 0.326 acre tract, N 15*12'42" W for a distance of 71.39 feet to a calculated angle point, for the most westerly southwest corner hereof; THENCE crossing the right-of-way of said RM 2338, N 30*20'40" E for a distance of 120.00 feet to a calculated point on the northerly right-of-way line of said RM 2338, same being the southerly boundary line of the remainder of Lot 8. Block 2, Lakewood Estates Section Two according to the Plat thereof recorded in Cabinet E, Slides 19-20 of the Plat Records of said County, for the most westerly northwest l} S 59*39'20" E for adistance of 41.81 feet to a calculated angle point hereof, and 2) N 77*00'14" E for adistance of 72.73 feet to calculated point inthe westerly hQht-of-wayline of Jim Hogg Drive, same being the northeasterly corner ofsaid O.0Z9 and O.O63acre tract, for the most easterly northeast corner hereof; THENCE crossing the ofsaid Jim Hogg Drive, S 6004724" Efor adistance of 60.31 feet to calculated point onthe easterly line ofJim Hogg Drive, same being the northerly corner ofa called O.186acre tract asdescribed inthat deed tothe State ofTexas and recorded |nDocument Number 2007053202 of the Official Public Records of said County, same being the southwest corner of a called Jim Hogg Line Description 2.88 acre tract as described in that deed to Jim Hogg Commercial and recorded in Document Number *YiCiijl EtIlgilic Tecords of said County, for the most northerly northeast corner hereof; of termination for the Jim Hogg Line Description. This exhibit and description was prepared from record descriptions & documents and isnot aresult ofan on -the -ground survey. Sasha Lace Lockemy Registered Professional Land Surveyor No. 6D53 IMM" CITY OF GEORGETOWN ,1,'LjXTEY4,TIO'V SERVICE PLA�i- AREA: WILLIAms DRIVE RIGHT OF WAY 2016 COUNCIL DISTRICT No. 3 DATE' FEBRUARY 23,2016 This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Williams Drive ROW 2016." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on January 12 and January 26, in accordance with Section 43.0560) of the LGC. NOTE: This annexation was initiated by the City of Georgetown for public ROW owned by the CitM Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. wflznl�� It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/z years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to Annexation Service Plan Williams Dr ROW 2016 Page 1 of 4 provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all Annexation Service Plan Williams Dr ROW 2016 Page 2 of 4 new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 5. operation and Maintenance of Publicly Owned Buildings, Facilities, and Services — Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 6. Health and Safety Regulations — The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 7. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. 1. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 2. Capital Improvements for Other Municipal Services— No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. 83MUMMUZUEM 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of Annexation Service Plan Williams Dr ROW 2016 Page 3 of 4 the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area maybe amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. Annexation Service Plan Williams Dr ROW 2016 Page 4 of 4