HomeMy WebLinkAboutORD 2017-37 - ANX OakmontOrdinance No. Q o r i — �
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 25.712 acres, more or less, in
the D. Wright Survey and portions of right-of-way on Booty's Crossing Road, as
described herein; providing for service plans, repealing conflicting ordinances
and resolutions, including a severability clause; and establishing an effective
date.
Whereas, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area, pursuant to Local Government Code Section 43.028; 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 approved a resolution granting the petition on
April 25,2017; 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
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 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
25.712 acres in the D. Wright Survey, as shown in "Exhibit A" of this ordinance, and as described
in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan.
Section 3. The 25.712 acres, as described in "Exhibit B" and depicted in "Exhibit C" of this
Ordinance No. Z) O 1-7 -5-7 Page I of 2
Project Name Oakmont Annexation ANX-2017-001
Date Approved: Exhibit ABC attached
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. 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.
Passed and Approved on First Reading on the 911, day of May.
Passed and Approved on Second Reading on the 23*d day of May.
Attest:
S-0 JA
Shelley Now l g
City Secretary
Approved as to form:
Charlie McNabb
City Attorney
The City of Georgetown:
Dale Ross
Mayor
Ordinance No. Do I-] ^.377 Page oft
Project Name Oakmont. Annexation ANX-2017-001
Date Approved: Exhibit ABC attached
Location Map
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LAND SURVEYING
3303 SHELL ROAD, SUITE 400, GEORGETOWN, TEXAS 78633
PHONE: 512-915-4950
FIELD NOTES FOR ANNEXATION OF BOOTYS CROOSSING AND OAKMONT
SUBDIVISION:
BEING A 25.712 ACRE TRACT OF LAND LOCATED IN THE DAVID WRIGHT SURVEY,
ABSTRACT NO. 13, WILLIAMSON COUNTY, TEXAS, SAID 25.712 ACRE TRACT
BEING A PORTION OF ALL BOOTYS CROSSING ROAD AND ALL OF THAT CERTAIN
23.527 ACRE TRACT RECORDED IN DOCUMENT NO. 2016108428, OFFICIAL PUBLIC
RECORDS, BELL COUNTY, TEXAS, SAID 25.712 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Beginning at a point in the northeast corner of Lot 1, Block 1, Oak Crest Estates Unit 1,
recorded in Cabinet B, Slide 79, Plat Records, Williamson County, Texas, said point being
located in the south right -of --way line of Bootys Crossing Road and being the southeast corner of
the herein described tract;
Thence, with the south right-of-way line of Bootys Crossing Road, the north line of Oak Crest
Estates Unit 1 the following three (3) courses and distances:
1. S 880 1311211 W, a distance of 1064.19' to a point for angle;
2. S 791151 21" W, a distance of 414.30' to a point for angle;
3. S 690 21' 21" W, a distance of 590.19' to a point for the southwest corner of the herein
described annexation tract;
4. Thence, crossing Booty's Crossing Road, N 200 32'25" W, a distance of 47.53' to a
point located at the southwest corner of said 23.527 acre tract;
Thence, following the outer perimeter of said 23.527 acre tract the following eight (8) courses
and distances:
5. N211 1314511 W, a distance of 673.09' to a point for angle;
6. N 2110813911 W, a distance of 438.90' to a point for angle;
7. N 210 43' 59" W, a distance of 257.16' to a point for angle;
8. N 26109151" W, a distance of 25.32' to a point for angle;;
9. N 21° 14'43" W, a distance of 247.80' to a point for angle;
10. N 20° 44' 58" W, a distance of 91.80' to a point located at the northwest comer of said
23.527 acre tract, said point being the northwest corner of the herein described
annexation tract;
11. S 620 16' 08" E, a distance of 1362.48' to a point located at the northeast corner of said
23.527 acre tract, said point being a northeast corner of the herein described annexation
tract;
12. S 050 40' 38" E, a distance of 527.59' to a point for angle;
13. S 09° 49' 46" E, a distance of 230.48' to a point located in the north right-of-way line of
Bootys Crossing Road, said point being the southeast corner of said 23.527 acre tract and
being a corner of the herein described annexation tract;
Thence, with the north right-of-way line of Bootys Crossing Road, the following three (3)
courses and distances:
14. N 790 15' 21" E, a distance of 309.61' to a calculated point for angle;
15. N 880 13' 12" E, a distance of 1067.81' to a calculated point for corner
16. S 01.46' 48" E, a distance of 46.14' to the Point of Beginning containing 25.712 acres
of land.
Note: This description was written for annexation purposes and does not constitute a boundary
survey and shall not be recorded for any purpose.
Exhibit C
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: OAKMONT
COUNCIL DISTRICT NO. 3
DATE: MAY 2,201
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 "Oakmont."
NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed
area. As 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.
The development of this property is anticipated to be developed under the terms of a zoning and
subdivision, the terms of which follow the City's codes and ordinances.
H. TERM OF SERVICE PLAN
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.
III. INTENT
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.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
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 21h years from the effective date of the annexation; and (3) those services for which capital
improvements are needed and which will be available within 41/2 years from the effective date of the
annexation based upon a schedule for construction of such improvements as set forth herein.
Annexation Service Plan Oakmont
Page 1 of 12
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
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.
V. SERVICES TO BE PROVIDED UPON ANNEXATION
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 Water and Wastewater Facilities in the Annexed Area that
Are Not Within the Area of Another Water or Wastewater Utility — City -owned water and
wastewater facilities that exist in the annexed area will be maintained upon annexation and
such maintenance shall be governed by the City's ordinances, standards, policies and
procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code
("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install
or provide any public utilities or services in 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.
Annexation Service Plan Oakmont
Page 2 of 12
5. 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
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.
6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon
annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area
(if any) will be operated and maintained by the City in accordance with the Section 12.20 of
the City Code of Ordinances, and other applicable ordinances, policies, and procedures in
effect at the time of annexation for other areas in the City limits. Privately owned parks,
playgrounds, and pools will be unaffected by the annexation and shall not be maintained by
the City.
7. 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.
8. Library — Upon annexation, library privileges will be available to anyone residing in the
annexed area.
9. Planning and Development; Building Permits and Inspections - Upon annexation, the
City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in
the area. These services include: site plan review, zoning approvals, Building Code and
other standard Code inspection services and City Code enforcement; sign regulations and
permits; and Stormwater Permit services.- For a full description. of these services, see the
City's Unified Development Code and Title 15 of the City Code of Ordinances.
10. Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances
relating to animal control services shall apply in the annexed area.
Annexation Service Plan Oakmont
Page 3 of 12
11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of
Ordinances relating to business licenses and regulations (Carnivals Circuses and Other
Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and
Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other
Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages)
shall apply in the annexed area.
12. 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 PIaces) shall apply
in the annexed area.
13. 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.
VI. SERVICES TO BE PROVIDED wimw 4Y2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM
1. In General — The City will initiate the construction of capital improvements necessary for
providing municipal services for the annexation area as necessary for services that are provided
directly by the City.
2. Water and Wastewater Services— Water and wastewater services are only provided to occupied
lots that have been legally subdivided and platted or are otherwise a legal lot, and that are
located within the boundaries of the City's authorized service areas. Further, existing residences
in the annexed area that were served by a functioning onsite sewer system (septic system) shall
continue to use such private system for wastewater services in conformance with the provisions
of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the
annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in
conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the
Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to any part of
the annexed area that is within the service area of another water or wastewater utility. For
annexed areas located within the City's authorized service areas, the City shall, subject to the
terms and conditions of this Plan, extend water and wastewater service in accordance with the
service extension ordinances, policies, and standards that are summarized in Section X of this
Plan, which may require that the property owner or developer of a newly developed tract install
water and wastewater lines. The extension of water and wastewater services will be provided
in accordance with any applicable construction and design standards manuals adopted by the
City.
3. Water and Wastewater Capital Improvements Schedule —Per the Utility Agreement
Annexation Service Plan Oakmont
Page 4 of 12
4. 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.
5. 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.
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
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
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 may be 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.
VIII. AMENDMENTS
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
Annexation Service Plan Oakmont
Page 5 of 12
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.
IX FEES
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.
X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the
City's current service extension policies for water and wastewater service. However, this is a summary
of the current policies, and the policies and regulations related to water and wastewater utility
extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's
Construction and Specifications Manual; Drainage Manual, and other published policies and technical
manuals, as the same may be amended from time to time, shall control the extension of water and
wastewater services to the annexed area. In addition, these policies and ordinances are set by City
Council and can be amended in the future:
1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC")
shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the
current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are
summarized below. Note that these provisions are established by ordinance of the City Council
and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services, wastewater service,
gas, electricity or any other public utilities or services to any property that has not been
legally subdivided or is a non -legal lot.
B. For property that is required by the City's UDC or other City regulations to construct water
or wastewater facilities, funding and construction of those facilities are the responsibility of
the property owner or developer (the "subdivider").
C. Subdividers shall be responsible for providing an approved public water supply system for
fire protection and domestic/ commercial/ industrial usage consistent with the
Comprehensive Plan. Where an approved public water supply or distribution maim is within
reasonable distance of the subdivision, but in no case less than one-quarter mile away, and
connection to the system is both possible and permissible (including adequate system
capacity), the subdivider shall be required to bear the cost of connecting the subdivision to
such existing water supply. The subdivider shall, consistent with all existing ordinances,
make a pro -rata contribution to funding of needed storage facilities, treatment facilities, and
specific distribution lines as determined necessary by the City.
Annexation Service Plan Oakmont
Page 6 of 12
D. Subdividers shall be responsible for providing an approved public sanitary sewer system,
consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots,
parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as
otherwise provided herein. Where an approved public sanitary sewer collection main or
outfall line is in no ease less than one-half mile away, and connection to the system is both
possible and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing sanitary sewer
system. Where an approved public wastewater collection main or outfall line is more than
one-half mile away from the property boundary, and where extension of a sanitary sewer
collection main or outfall line is scheduled in the City's Capital Improvements Plan to be
completed to a point within one-half mile of the property boundary within five (5) years
from the date of the Preliminary Plat approval, the subdivider shall be required to install a
public wastewater collection system. The design and construction of a public sanitary sewer
system shall comply with regulations covering extension of public sanitary sewer systems
adopted by the Texas Commission on Environmental Quality.
E. All infrastructure and public improvements must be designed and installed in accordance
with all of the elements of the Comprehensive Plan and shall meet the minimum
requirements established by the UDC, the City's Construction Standards and Specifications
for Roads, Streets, Structures and Utilities, and any other adopted City design or technical
criteria. No main water line extension shall be less than eight inches. All new public sanitary
sewer systems shall be designed and constructed to conform with the City's Construction
Standards and Specifications and to operate on a gravity flow basis by taking advantage of
natural topographic conditions and thereby reducing the need for lift stations and force
mains.
2. If the specific undeveloped property does not have City water or wastewater facilities and
capacity fronting the property — the owner may make an application for an extension of service
to the property. If the Assistant City Manager for Utilities determines in writing that adequate
water or wastewater capacity is available, or will be available, and if the project does not include
City cost participation or reimbursement, if the proposed facilities are depicted on the City's
Water and Wastewater Master Plans, and the requested service otherwise meets the City's
requirements, the extension size, capacity, and routing may be approved by the Assistant City
Manager for Utilities for construction by the developer at the developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater facilities
and capacity fronting the property — the owner may receive water or wastewater service from
the City by applying for a tap permit and paying the required fees.
4. If any property in the annexed area is using a septic system — the property owner remains
responsible for the operation and maintenance of the septic system. If the property is in a Rural
Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one
acre in size and used for single family residential purposes, the property shall continue the use
of a septic system after annexation until such time that the use of the property changes, the
property is further subdivided or developed, or a public sanitary sewer line has been extended
Annexation Service Plan Oakmont
Page 7 of 12
to within 200 feet of the property boundary and the property owner has received notification
from the City of the City's desire for the property to be connected to the public sanitary sewer
line. If the septic system fails before the City's centralized wastewater service is extended to
within 200 feet of the property and the City determines that the provision of centralized
wastewater service is not feasible or practical at that time, then the property owner must either
repair or replace the septic system in accordance with the provisions of Section 13.20 of the City
Code of Ordinances. Properties using a septic system that are not in a Rural Residential
Subdivision , or are not legal lots greater than one acre in size and used for single family
residential purposes at the time of annexation, but that are designated as either residential, open
space or agricultural on the City�s Future Land Use Plan shall continue the use of a septic system
until such time that the use of the property changes, the property is further subdivided or
developed, or a public sanitary sewer line has been extended to within 200 feet of the property
boundary and the property owner has received notification from the City of the City's desire for
the property to be connected to the public sanitary sewer line.
5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC,
the City, in its sole discretion and with City Council approval, may participate with a property
owner or developer in the cost of oversized facilities or line extensions. The actual calculation
of the cost participation and reimbursement amounts, including limits and schedules for the
payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can be
amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
Section 13.10.010 Policy established.
This policy shall apply to improvements to the City's utility systems, including system upgrades,
system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean
the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system.
Section 13.10.020 System Planning,
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining proper
service levels to existing customers.
Section 13.10.030 Project TMA9.
A. Projects designed to expand or upgrade a utility system must be completed and ready for
operations such that capacity requirements by state regulatory agencies and City system
plans are met.
Annexation Service Plan Oakmont
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B. When possible, the City should coordinate the construction of system improvements in a
particular location with the expansion or maintenance of other utility infrastructure to
minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific location exceeds
75% of current capacity and future demand is expected to exceed the current total capacity.
D. Projects should begin the construction phase when existing demand at a specific location
exceeds 90% of current capacity and future demand is expected to exceed the current total
capacity.
E. Projects required to facilitate the development of a specific tract shall be done in accordance
with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as stated in the
approved Service Plan for such annexed tracts.
Section 13.10.040 Project Financing.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by the
subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service area, but
the City is not otherwise required to provide service or planning to provide service as
reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's
sole option, facilitate the design and construction of the required utility extensions or
upgrades by managing the project with the cost of such extensions to be shared and fully
paid by the requesting landowners or subdividers prior to commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service area, the
City shall evaluate degree to which the project 1) facilitates contiguous growth, 2)
maximizes the provision of service to the service area, 3) enhances economic development,
4) improves system operations, 5) contributes to conservation or other environmental
concern, and 6) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility expansion
requests through 1) financial- cost contribution, 2) financing of the improvement using
individual contracts between the City and each landowner for a proportionate share of the
project cost to be paid out over a specified period of time at a specified rate of interest, 3)
Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
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Sec. 13.20.010. General.
A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises
where any person lives or works, or occupies the same, to establish, maintain or use any
water closet, bathtub, lavatory or sink except by one of the following means and consistent
with the other terms, conditions and requirements of this Chapter and with the City's
Unified Development Code:
1. Connection to an approved Onsite Sewage Facility that is constructed and
maintained in accordance with the rules and regulations of all appropriate
state and local agencies having jurisdiction over such facilities; or
2. Connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection system.
B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall govern
the provision of wastewater service to the property. For the purposes of this section, the
term "Development" shall have the same meaning as in Section 16.05 of the City's Unified
Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
Sec. 13.20.020. On Site Sewage Facilities.
A. General. All On Site Sewage Facilities must be constructed and maintained in accordance
with the rules and regulations of the appropriate state and local agencies having
jurisdiction over such facilities.
B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized
wastewater collection main is located within 200 feet of a property line, and the wastewater
collection main has adequate capacity to receive and transport the wastewater flow
produced by the property, then property owner shall connect that property to said utility
line at the earliest to occur of either of the following events: failure of the On Site Sewage
Facility servicing the property, or the date that is five (5) years after receipt of notice of the
availability of a wastewater collection main within 200 -feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following
provisions shall apply:
a. If a public centralized wastewater collection main is located within 200"feet of the
property boundary, and the wastewater collection main has adequate capacity to
receive and transport the wastewater flow produced by the property, then the property
must be connected to said utility line by the property owner;
b. If no public centralized wastewater collection main is located within 200 feet of the
property boundary, the City shall evaluate the feasibility of providing centralized
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wastewater collection services to the property via a gravity or low pressure system.
Where the provision of gravity sewer service or low pressure system is technically
feasible, utility system improvements may be made in accordance with Chapters 13.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use, then the
On Site Sewage Facility may be repaired or replaced.
(Prior code § 12-101)
Sec. 13.20.030. Privies prohibited.
It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City
to establish or maintain any privy or dry closet.
Sec.13.20.040 Low Pressure Sewer Systems
A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer
or property owner location having a private force main connecting to a public force main
or gravity main located in a public utility easement or public right-of-way.
B. Each property owner and utility customer shall be responsible for the cost of installation
and maintenance of the individual lift station and private force main.
Section 13.20.050. Prohibited Discharges into Sewer System
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system, waste or wastewater from any of the following sources unless
allowed by the City Manager, or his/her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of
the Code of Ordinances.
B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard
drainage,
C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -
down water from cooling towers or evaporative coolers;
D.
E. Any wastes or wastewater, or any object, material, or other substance directly into a
manhole or other opening into the sewer facilities other than wastes or wastewater through
an approved service connection.
F. Any holding tank waste, provided, that such waste may be placed into facilities designed
to receive such wastes and approved by the City Manager, or his/her designee.
Section 13.20.060 Sewer System Maintenance
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A. For properties with gravity wastewater service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the sewer system
in the building and the service lateral between the building and the point of connection into
the public sewer main.
B. For properties with low pressure service, the property owner and utility customer shall be
responsible for the proper operation, maintenance, and repairs of the sewer system in the
building and the service lateral, lift station (grinder pump) and force main between the
building and the point of connection into the public sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral
or force main where a repair is necessary to prevent infiltration or inflow, the property
owner and utility customer shall be responsible to cause the repairs to be made within one
(1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City, City may engage the
services of a contractor to make the necessary repairs with the costs for such repairs to be
paid by the City and subsequently charged to property owner and utility customer.
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