HomeMy WebLinkAboutORD 2010-14 - Amending ORD 2006-139ORDINANCE NO.I!, Q � Iq
An Ordinance of the City Council of the City Of Georgetown, Texas
Amending Ordinance No. 2006-139 pertaining to the annexation of
approximately 204.5 acres of land out of the J. Lott Survey, B.C. Low
Survey, J. Robertson Survey, William Addison Survey, F.A. Hudson
Survey, and J.S. Patterson Survey, known as 2006 Annexation Area 50, to
modify the Annexation Service Plan to allow a Utility Agreement in lieu of
required capital improvements.
Whereas, on December 29, 2006, the City Council of the City of Georgetown adopted
Ordinance No. 2006-139, which annexed the lands described therein into the City Limits; and:
Whereas, Section 4 of Ordinance No. 2006439 provided the following:
Section 4: The Service Plan atta
Service Plan for the area
ched hereto as "Exhibit C" is approved as the
Whereas, the said Service Plan calls for capital improvements to provide wastewater to
two parcels with the Williamson County Appraisal Short ID Number R333366 and R333367;
and.
Whereas, these parcels are included in area rezoned on December 7, 2007, by Ordinance
2007-98, for a Planned Unit Development, requiring greater utility capacity than provided in
Ordinance No. 2006439; and
Whereas, the property owner has requested a Cost Sharing Agreement that would
provide for greater capacity, but delay improvements beyond the time required to .provide
services in Annexation Service Plan of Annexation Ordinance 2006439 and Section 43.056 (b) or
the Texas ,Local Government Code, requiring an amendment to the adopted Annexation Service
Plan; and
Whereas, in order to amend a service plan Section 32.056 (k) of the Texas Local
Government Code requires public hearings in the same manner as annexation public hearings.
Whereas, the Georgetown City Council conducted public hearings on the proposed
annexation on March 9, 2010, and March 23, 2010; and
Whereas, all prerequisites of state law and the City Charter have been complied with;
Ordinance Amending Ordinance No. 2006-139
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 declared to be true and correct, and are incorporated be reference herein and made a
part hereof, as if copied verbatim. The City Council hereby finds that this is not inconsistent
with or in conflict with the Vision Statements, Goals and Policies of the 2030 Comprehensive
Plan.
Section 2. The City Council of the City of Georgetown hereby amends Section 4 of
Annexation Ordinance 2006-139, attached hereto as Exhibit E. annexing 204.5 acres, more or
less, in the J. Mott Survey, B.C. Low Survey, J. Robertson Survey, William Addison Survey, F.A.
Hudson Survey, and J.S. Patterson Survey, Known as 2006 Annexation Area 50, as described in
Exhibit A of this ordinance, as shown in Exhibit B of this ordinance, as follows:
Section 4: The Service Plan attached hereto as Exhibit C is approved as the
Service Plan for the area, as amended. by the Service Plan Amendment
attachedhereto heeto as "Exhibit D.
Section 3. The Service Plan Amendment a
Exhibit D provides that the City of Georgetown may:
1. Continue the development of
Program, or
ttached hereto as Exhibit D is approved.
the 2006 Annexation Capital Improvement
2. Enter into an Off-site Utility Construction Cost Sharing Agreement with
PDC Land and Cattle, LTD, the "Developer" of the wheeler Tract, that
extends the period for construction to a time -line agreeable to the
Developer and the City, while providing the wastewater service
described in the 2006 Annexation Area 50 Service Plan,
Section 4. All ordinances and resolutions, or parts of ordinances and resolutions that are
in conflict with this Ordinance are hereby repealed, and no longer in effect. The portions of
Ordinance No. 2006-139 not amended hereby remain in full force and effect and are `unchanged
by this Ordinance.
Section 5. If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
applications 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.
ik
Ordinance Amending Ordinance No. 2006-139
Page 2 of 3
Section 6. The Mayor of Georgetown is hereby authorized to sign this Ordinance and
the City Secretary to attest. This Ordinance shall become effective and be in full force and
effecting accordance with the terms of the City Charter.
Passed and Approved on First Reading on the 13th day of April, 2010.
Passed and Approved on Second Reading on the day of r (j 2010.
Attest.
Approved as to form.
Mark Sokolow, City Attorney
4skaoio-
Ordinance Amending Ordinance No. 2006-139
Page 3 of 3
The City of Georgetown:
Georgi Garver, Mayor
EXHIBIT A
DESCRIPTION' OF CITY OF GEORGETOWN, T'E , 'AN �'E�I �TiD 50
BEGINNING at the northwest corner of the 35.00�acre tract of land conveyed to Robert
M. Wheeler Revocable Trust, described in Document #2004074245, of the Official
Public Records of Williamson County, Texas, same being the southwest comer of Lot 3,
Benloe Park, a subdivision recorded in Cabinet Ci, Slides 306-307, of the Plat Records of
Williamson County, Texas;
THENCE continuing in a northeasterly direction with the north. boundary Ine of said
3 5.001 acre wheeler Revocable Trust tract of land and the south boundary line of said Lot
3, Eenlee Park, to the southeast corner of Lot 3, Benlee Fare same being the southwest
corner of the 0.50 -*acre tract of land conveyed to K. Christian Harris and wife Suzon E.
Harris, descried in Volume 826. Page 736, of the Deed Records of Will
i.a cin County,
Texas;
THENCE continuing in a northeasterly direction with the north boundary line of said
35.00macre wheeler Revocable Trust tract of land and the south boundary line of said
0.50moacre Harris tract of Viand, to the southeast corner of the 0.50 acre Harris tract of land
sane being
the southwest comer of the 10.17 -acre tract of land conveyed to Jose
Rodriguez and wwife, Jeanette Rodriguez,
Official Records of Wi1li��son County,
deseribed in Document 9to1, of the
Texas,
THENCE continuingin a northeasterly direction with the north boundary I' of said
35.00 -acre Wheeler Revocable Trust tract of land and the south boundary line of said
10.17 -acre Rodriguez tract of land., to the northeast corner of the 35.00 -acre. Wheeler
Revocable Trust tract of land:, same being the northwest corner of the 19.91 -acre tract of
land conveyed to JW RE Holdings, L.P., described in Document #2006032594, of the
Official Public Records of Wi11iamson County, Texas;
THENCE continuing in a northeasterly direction With the north boundary line of said
19.91- acre Jew RE Holdings, L.P. tract of land and the south boundary line of said 10.17 -
acre Rodriguez tract of land, to the southeast cornier of the 10.17 acre Rodriguez tract of
land, same bein- the southwest cornier of the 10.011 acre tract of land conveyed to E.O.
I.E. Sharp Family Partnership, Ltd. d/b/a Sharp Family Partnership, described in
Document 2005068215, of the Official Public Records of Williamson County, Texas;
T1 ENC'E coati uutg in a northeasterly direction with the north boundary Iine of said
19.91 -acre JW RE Holdings, L.P. tract of land and the south boundary . lane of said 10 * 1-
acre s F
fly Partnership tract of land, to the southeast comer of the 10.01 acre
Fanu Prsh.P tract of land, erne bein the northeast comer of the 19.91 -acre
g
JW RE Holdings, L.P. tract of land, same being the most westerly southwest corner of the
44.14&were tract of land conveyed to The Carl W. Gattis and Dorothy F. Mattis
ibed in Document '33, of the Ccial Records of
Revocable Laving Trust? descr
Williamson County, Texas, sae being the northwest comer of the 11.00 -acre tract of
land conveyed to Francis C. Heflin, described in Volume 692, Page 44 of the Deed.
Records of wtlltamson County, Texas
,0 A,0, 20ep wo 13 9
1
T14ENCE continuing in a northeasterly direction with the north bounda f line of said
11.00-aere Heflin 'tract of land and the south boundary line of said 4 -x.1 -acre Gattis
Revocable Living True tract of land, to the northeast corner of the 1. I.00�acrc Heflin tract
of land, same being the northwest corner of the 18.9Macre tract of land conveyed to
Richard Mutai and Irene Mutai, described in Document #2006015.326, X26, cif the Official
Public c Records of Williamson County, Texas
THENCE continuing in a. northeasterly direction with the north boundary line of said
18.980**acre Mutai tract of land and the south boundary line of said X4.148 -acre Gatti
Revocable Living Trust tract of land, to the northeast corner of the -18.98o --acre Mutai
tract of land, same being the northwest comer of the 10. 00macre tract of land conveyed to
Carl W. Gattis,Sr. and wife Dorothy F. Gattis, described in Volume 650, Page 07, of
the Deed Records of Williamson County, Teas
THENCE proceeding. it a southerly direction with the east boundary line of said 18.98-
acre Mutai tract of land and the west boundary line of said l tl. {l�-afire tot t of land]
to the northwest corner of the 2.0 -more tract of land conveyed to Carl W. Gattis, Jr.,
described ire Volume 942, Page 227, of the Deed .Records of Williamson County, Texas,
fire being an angle point: in the arrest boundary line of the l 0.00 -acre Gattis tract of land,*
TIE continuing ina southerly directi€ n lAith the east bound Zine of said 18.980-
acre I Iutai tract of land and the west. boundar line of said 2.2 --ache xis tract of land,,
to the southwest comer of the 2.20o -acre Gattis tract of land, same being; the southeast
corner of the 18. Wacre Mutai tract of land, sane being a point in the nortright-c f
way line of County Road 11.1;
THENCE proceeding in a northeasterly direction with the north right- f -wait line of
County Road 111 and the south boundary line of said 2.20Macre Mattis tract of land, to the
southeast corner of the 2.20 -acre Gattis tract of land., sane being the southwest corner of
the 1.819 -acne tract of land conveyed to The Carl W. Gattis and Dorothy F. Gattis
Revocable Living Trust, described in Document #9836357, of the Off cial Records of
Williamson County, Texas
THENCE continuing in a northeasterly direction oath the north nghl�of-way Im* e of
County Road 111 and the south bound' li.ne of said 1.819 -acre Gattis Revocable Living
Trust tract of land$ to the southeast corner of the 1.819- acre Grattis., Revocable Living
Trust tract of land., same being the southwest corner of the 2.20omacre tract of land
conveyed. to Jeanne Gattis Reese, de eri.bed i� � olu�ne 1359 page 616, ofVie: ff.cial
Records of Williamson County., Texa.sl
THENCE continuing in a northeasterl�a direction with e north rrght�of-wad. line of
County Road 111 and the south boundary line cif sand 2.21-�acre Gattis Reese tract of land,
to the southeast corner of the 2.20 -acre Gattis Reese tract of land., same being the most
aid 44.148 -acre Gattis Revocable Living Trust tract of
southerly southwest corer of the s
Land:,
eAv. Too& -/3P
Exh,b. � A p4y� a of s
N
THENCE continuing in a northeasterly direction with the north right-of-v�ra� line o
County Road 111 and the south boundary line of said 4.1 48-�acre Gatti.��c�c�l
Living Trust tract of land, to the southeast comer of the 44.14&a rc Gattis Revocable
le
Living Trust tract of land, sane being a point in the west boundary line of the 1.82 -acre
tract of land conveyed to The Carl W. Gattis and Dorothy F. Gattis Revocable Living
Trust:, described in Document #9834538, of the Official Records of Williamson Coungrv,
Texas
THENCE proceeding in southeasterly direction with the north tight -of' way line cif
County Road 111 and the west boundaiT line said 2.82 acre Gattis Revocable .Living
Truk tract of laid, to the southwest corner of the 2.82 -acre Gattis Revocable Living Trust
traet of land,
THENCE proceeding In a northeasterly direction with the north nahtemofomay line of
County Road I I I and the south boundary line of said 2.82 -acre Gattis Revocable Living
Trust tract of laud, to the southeast comer of the 2.82 -acre oca
Mattis Revble Living Trust
tract of. land,, sane be g a point in the west boundary line of the 38.069 -acre tract of land
conveyed to i of C or etc ,described in Volu e 1970, Page 497, of the Gf ici
Records of NVilliarnson. County, Texas, same being the vest boundary line of City of
Georgetown Ordinance #81 l ;
THENCE proceeding .n a southeasterly direction crossing through the interior of County
Road l 1 I , WIth the vest boundary line of City of Georgetown Ordinance #81 11, to the
northeast corner of the .00 -acre tract of land conveyed to Donna H. Gawarecki,,
described in Volume 933, Page 846, of the Deed Records of Williamson Countyg Texas,
same Ding a paint in the west boundary line y of said 38.oi-acre Cit of Geor eto
g
tract of lad.
THENCE continuthe in a southeasterly direction th the east boundary line of said 2.00-
acre Gawarecki tract of land and the west boundary line of said 38.069 -acre- City of
Georgetown tract of land, earns dieing the west boundary line of City of Georgetown
Ordinance #81 to the southeast comer of the 2.00�acre Gawareoki tract of land, satne
being the northeast corner of the 75.58 -acre tract of land.conveyed to Danny Hullum
Family- Land Trust, described in Document X9816 00, ofthe Offi cial Records of
Williamson County, Texas*
THENCE continuing in a southeasterly direction with the east boundary line of said
75.58 -acre Hullum Family Land Trust tract of 1 -and and the west boundary Brie of said
38.069 -acre City of Georgetown tract of land, swne being the west boundary Iine of Cites
-NN t rdinance # 8 h 1, to the so�uthsoutheast. comer of the 75.584macre Hull�um
of t e rg to
Family 10 Land Trust tract of land, see being the no beast comer of the 44.03 --acre tract of
land called Tract One, Tract Two and Tract Three conveyed to Wayne E. Hullum,
described in volume 1966, Page 8, of the Official Records of Williamson Count , Texas
-
ORA e2O06 - /39e 3 of S
Exlsihif � P`y
3
aid
THENCE continuing in a southeasterly direction. with the east. boundary line southeasterlyof s
44.0 3�acre Hullum tract of land and the west bodnda.ry line of said .069 -acre City of
Georgetown tract of land, same beim; the west boundary line of City of Georgetown.
ordinance #81-11, to the southeast corner of the 44.03 -acre Hullum tract of land, same
being the northeast corner of the 117.47 -acre tract of land conveyed to Mail Keith Trus
described in Document #9874619, of the Oficial Records of Wi.Iliamson County, Texas;
THENCE proceeding in a southwesterly direction with the north boundary line of said
117.47 -acre Keith Trust tract of land and the south boundary Ime of said 44.03 acre
ullwn tract of land, to the southwest corner of the 44.03 -acre Hullum tract of land, sane
being an angle point in the east rightemof*wway line of Farrn to .Market 1460,
THENCE continuing in a southwesterly dirrcction with the nom boundary line of said
117.47 -acre Keith Trust tract of land and the east nghtewof-way line of Farm to Market
1460, to the northwest corner of the 117.47 -acre Keith Trust tract of land, same being an
angle point in the east right- of�way line of Farrn to Market 1460
TACE continuing m a southwesterly direction crossing perpendicularly through, the
interior of Farm to Market 1460, to a point in the cast boundary line of the 94.346 -acre
tract of land conveyed to I�I''+YP- Edwards, LP., described in Docent 04085503, of
the Official Public Records of Wi.-mamson County, Texas, sane being a point in the west.
*nght-ofway line of Farm to Market et l 46+x;
THENCE proceeding. in a northwesterly direction with the east bound y line of said
94.34 -acre I NP• -Edwards, LP. tract of land and the west nghtm-of-vvay line of Farm to
Market 1460, to the northeast corner of the 94 34 -acre NNP -Edwards LP, tract of land
same being the southwest right -of -moray intersection of Far. to Markel 1460 and County
Road I III
THENCE continuing in northwesterly direction crossing through the interior of County
Road 11 l with the west right*wofwway bine of Farm to Market 146015 to the southeast cornier
of the 2.60 -acre tract of land conveyed to St. John's CemeteryAssociation, Inc.
deser'bed. in Volume 956. Page 854, of the laced Records of w�il.lia�msor� County= Teas,
same being the northwest ngbtwofway intersection of Farm to Market 1460 and County
Road 1 11;
THENCE continuing in a. northwesterly direction with the east boundary lane of said
2.004 acre St. John's Cemetery Association, lnc, tract of land and: the west ri ht� ofwwa
g y
line of Farm to Market 1460, to the northeast cornier of the 2.o were St. John's Cemeteni
Association, Inc, tract of land she beim the most easterly southeast comer of the
279.356 -acre tract of hand cal.le,d. Tract One, conveyed to N P-- dwarrds LP. described in
Document #2004085503, of the Official Public Records of it:liamsan Cour ', Texas,,,
TFIENCE continuing in a northwesterly direction with the east boundary line of .said
279 -356 -acre NNP- E d Fards, LP. trait of land and the west nghtvaof' wa � line of Faun to
Market 1460, to a point why +ch. is perpend i cul ar to the northwest corner of the aforesaid
0400 A-04! 6 AM 1409? a
Ex1p*i6ii A paw s/of5
35.00amacre tract of land conveyed to Robert M. Wheeler Revocable Trust, described in
Document #2004074.245, same belina the southwest cornu- of the aforesaid Lot, Benlee.
Aso-
Parksubdivision,
THENCE proceeding m a northeasterly direction erossin.g perpendicularly through the
interior of .Fane to Market 1460, to the POINT OF BEGfNNIN hereof
Thas document was prepared under .22 § ToAC 663. 1, does net reflect the
results of an on Lbe ground survey, and not to be used to convey or
esta,bllstj interests In ,real roperty except those riants and interests
imp l ed olr es Lab � �' shed' by the c ��a L i ori o r re cC��'I.f .i gur a t * ' 01F t h e
boundary of the poll ti al su, divi j�ian .for wh c�h 1. was
DI"OND SUREINx INC.
P. o BOX 1937, GEOR49ETO KAI, 7X" 7864?7
(512) 9314100
-v�
SHANESHAF Area R P.L. . O 528 DATE
nexati-on 5C
Exhibit C
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA NO. 50
COUNCIL DISTRICT NO. 1
DATE: DECEMBER 29, 2006
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" to this Service
Plan, which is referred to as "2006 Annexation Area 50". 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 October 10, 2006 and October 24, 2006 in accordance with Section 43.056(j) of the
LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for aten-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
it by the LGC to amend this Plan if the City Council determines that changed
guaranteed to
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 21/z 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 for 2006 Annexations Page 1 of 13
Area Annexation Area 50
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 pro)ected 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 944 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 for 2006 Annexations Page 2 of 13
Area Annexation Area 50
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 Services; 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.
Annexation Service
Area Annexatil
Plan for 2006 Annexations
50
{
Page 3 of 13
100 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.
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 Codes
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) 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 WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements necessary
rvices for the annexation area as necessary for services that
for providing municipal se
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
the annexed area, the provisions of Chapter 13 of the UDC shall
of any property in
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
Annexation Service Plan for 2006 Annexations Page 4 of 13
Area Annexation Area 50
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/2 years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
1/2 years from the effective date of annexation and will be substantially complete within 4
1/2 years from the effective date of annexation. However, the provisions of Section VII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City succeeding to the powers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
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 Plans the City's regular or non4 mpact 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
Annexation Service Plan for 2006 Annexations Page 5 of 13
Area Annexation Area 50
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.
I 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 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.
Annexation Service Plan for 2006 Annexations Page 6 of 13
Area Annexation Area 50
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 nonlegal 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 main 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.
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 tie
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
Annexation Service Plan for 2006 Annexations
Area Annexation Area 50
Page 7 of 13
YJ
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 Specifi
cations for Roads, Streets, Structures and Utilities, and any
other adopted City design or
shall be less than eight inches.
technical criteria. No main water line extension
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
ity fronting the property
facilities and capac-
wastewater service from the City by applying for a
fees,
the owner may receive water or
tap permit and paying the required
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 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 falls 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
Annexation Service Plan for 2006 Annexations
Area Annexation Area 50
Page 8 of 13
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 Svstem PlanninE,.
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 Proiect TiminLY.
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.
Be 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.
CO 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.
Annexation Service Plan for 2006 Annexations Page 9 of 13
Area Annexation Area 50
D. Projects should begin the construction phase when existing demand
location exceeds 90% of current capacity and future demand is expected to
current total capacity.
E. Projects required to facilitate the development of a specific tract
accordance with the Unified Development Code.
at a specific
exceed the
shall be done in
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.
Co 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:
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
Annexation Service Plan for 2006 Annexations Page 10 of 13
Area Annexation Area 50
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.
Be 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 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 § 12401)
Annexation Service Plan for 2006 Annexations Page 11 of 13
Area Annexation Area 50
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.
Be 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.
Be 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. 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.
E. 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 Sever System Maintenance
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.
Be For properties with low pressure service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the
Annexation Service Plan for 2006 Annexations
Area Annexation Area 50
Page 12 of 13
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 p
owner and utility customer.
Annexation Service Plan for 2006 Annexations
Area Annexation Area 50
roperty
Page 13 of 13
Exhibit D
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN AMENDMENT
AREA No.: 2006 AREA 50
COUNCIL DISTRICT NO. 1
DATE: APRIL 13, 2010
I. INTRODUCTION
This Service Plan Amendment (the Plan Amendment) is made by the City of Georgetown, Texas
(City) pursuant to Sections 43.056(k) of the Texas Local Government Code (LGC). This Plan
Amendment relates to the provision of waste water services to the land shown on Exhibit "A"
to this Service Plan, which has sometimes been referred to as "2006 Annexation Area 50"'. The
provisions of this Plan Amendment were made available for public inspection and explained to
the public at the two public hearings held by the City on March 9, 2010 and March 23, 2010, in
accordance -with Section 43.056(j) of the LGC.
NOTE: 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.
II. CHANGED CONDITIONS/SUBSEQUENT OCCURRENCES
In December 2006, the City of Georgetown adopted Ordinance 2006439, completing an
involuntary annexation for a nine (9) parcel area totaling 204.5 acres. 2006 Annexation Area 50
included two parcels with active commercial businesses. Since these properties were classified
as Office/Retail/Commercial in the Future Land Use Plan, and therewas a commercial use
present at the time of annexation, the annexation service plan identified wastewater
improvements necessary to serve the active commercial use. The ordinance and service plan
included a cost estimate for capital improvement to provide wastewater to the subject property
(minimal service for the existing business), no other commercial businesses were in operation at
the time, so no additional connections were anticipated to the wastewater improvements in the
near term future.
In 2007, the two commercial parcels were combined with a third parcel in a rezoning request to
a Planned Unit- Development (PUD) proposal. The PUD, as approved by the City of
Georgetown by Ordinance 2007-98 in December 2007, would allow up to 803 dwelling units and
Annexation Service Plan Amendment
Page 1 of 2
2006 Annexation Area 50
90,000 square feet of retail, commercial or office use on the 55 acre Wheeler Tract. No
subdivision application has been processed. The higher density development would require
more wastewater capacity than anticipated in the annexation service plan and annexation
capital improvements to the area.
III. INTENT
The City of Georgetown has received a request for a Development Agreement from the PDC
Land and Cattle, LTD, the "Developer" of the Wheeler Tract which would:
1. Stop construction of improvements called for in the 2006 Annexation Area 50 Service
Plan to serve property that was an operating commercial property at time of annexation;
and
2. Reserve those funds for cost participation in an upsizing of services to the same property
at time of development some time in the near Ifuture.
IV. CATEGORIZATION OF MUNICIPAL WASTE WATER SERVICES
The Service Plan for 2006 Annexation Area 50 anticipated acquisAnnexationtion of easements and
construction of a wastewater line extending from the Pinnacle Subdivision south along Maple
Street to Westinghouse Road (CR 111) then extending westward toward FM 1460 to the Wheeler
Tracts, and included a lift station at Westinghouse Road.
Since that time, a waste water line force main has been extended from the La Conterra
Development south along FM 1460 to a lift station located at the NNP Teravista LLP
Development, approximately 800 feet from the Wheeler Tract. The 2006 Annexation Capital
Improvement Plan, calls for the extension of service from this point to the Wheeler Tract at a
cost of approximately $150,000.
V. SERVICES TO BE PROVIDED BASED ON THE AMENDED SERVICE PLAN
The City may:
1. Continue the development of the 2006 Annexation
Capital Improvement Program, or
2. Enter into an Off-site Utility Construction Cost Sharing Agreement with PDC Land and
Cattle, LTD, the "Developer" of the Wheeler Tract, that extends the period for
construction to a timeline agreeable to the Developer, and the City, while providing the
wastewater service described in the 2006 Annexation Area 50 Service Plan.
VII. 2006 ANNEXATION AREA 50 SERVICE PLAN
All other portions of Annexation Ordinance 2006-139 remain intact and the remaining elements
of the 2006 Annexation Area 50 Service Plan remain in effect.
Annexation Service Plan Amendment
Page 2 of 2
2006 Annexation Area 50
Ordinance No. A0010ftuoltaq
An ordinance of the City Council of the City of Georgetown, Texas, Providing
for the Extension of Certain Boundary Limits of the City of Ceor . etuwm, Texas,
and the Annexation of +Certain Terri ory consisti m of 204.5 acres, more or less,
out of the J. Mott Survey, B.C. Low Survey, J. Robertson Survey, William
Addison Survey, F.A. Hudson Survey, and J.S. Patterson Survey, that lies yeast
of PM x.460, west of the current city limits along the .l o an corridor, and north
of the current BTJ; and 11.8 acres, more or Tess, of Row for FM 1460 exten.din
g
frorn the current ETJ lint north approximately 3,270 ft, and CR 11.1 from E
1460 east approximately,' 3,750 feet to the current city limits, as Described in
Exhibit A of this Ordinance which Said Territory Lies Adjacent to and Adjoins
the Present Boundary Limit of the City of Georgetown, Texas and Not Being a
Part of Any Incorporated Area; Approving a Service Plain for the Area.;
Repealing Conflicting ordinances and Resolutions; Including a Severabillity
Clause* and. Establishine an. Effective mate.
hereas, the City of Georgetow�rn, Texas is a home rule municipal corporation; and
Whereas, by Resolution No. 071205-P, the City Council adopted. the "Policy to Guide the
Planning and Procedures for the .annexation of Territory into the City Limits of Georgetown,
Texas*"
and
Wherea, pursuant to sand Police, the Cite Council identified certain areas for whichit
r
desired to initiate annexation proceedings in order to bring said territories into the City limits; .and
Whereas, the Citi{ Council on August 8, 2006, by Resolution No. 082206-S, adopted a revised
priority annexation area neap, including the area that is the subject of this ordinance, and directed
staff initiate annexation proceedings in order to bring said territories into the Citi, limits; and
'Whereas, following written and published notificalion given in accordance with state law,
the Ciq? Council conducted tw%Aro public hearings on the proposed annexation on October 10, 2006
and October 24, 2006; and
Whereas, all of the herein -described property lies�wi.thin the extraterritorial jurisdiction of
the City of Georgetown, Texas and not within anyincorporated area; and
Whereas, the h.erein�
Georgetown, Texas; and
described propert)f lies adjacent and contiguous to the +Citi! of
Whereas, the Section 4,03.01.0 of the Unified Development Code provides that the initial
zoning classification for newly* annexed properties is "AC" Agriculture; and
Whereas, all prerequisites for annexation as set forth in state lase and the Cl - y Charter have
been complied with;
2.006 Annexation Area 5
Page-, 1 of 3
Ordinance No.
Now, thereforeit be it ordai ned .by the City Council of the City of Georgetovm, Texas that:
Section 1; The facts and recitations contained in the preamble of this ordinance are herebNl
r
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 - Pali Plan Element:
Century
A. Policy Statement .1.0. The ct mmunity enjoys the benefits of well�planned lad use iVn
Which coInicting needs are balanced,
B. Policy tatement .0: Georgetown's natural and physical resources arc managed so that
c titer s er ne the bertgfts o economic and social development,
C Policy Staternent&0; Parks, open space, recreation facilities and se-rro ces, and social and
cultural activities contribute to an enhanced quality qf life.for the citizens of Geor et uin.
The City Council 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
Policy Plan,
the P i p
Section I The CitCouncil hereby .finds that:
A. Notice of two public hearings concerning annexation of the territory described in
$'Exhr it A," and shown in "Exhibit B.," was mailed as required by law; published in
newspaper of general circulation in the City of Georgetown,'and posted on the Cit is
internet website.
B. The Public hearings were held on October 10, 2006 and October 24, 2006, each. at 6:00
1-N, Council Chamber, 101 L. 711, Street, 78626, Georgetown, Texas.
p.m. at the C
C. The public hearings were concluded after providin 3 an opportunity for all persons
€�
present to be heard with respect to the proposed annexation. A proposed Service Plan
was made avallable and explained at the public hearings as required by law.
D. The annexation of the territory described in "Exl�i�it ," and shown in �' xhi it B if
serves the interest of the current and future residents of the Cihr of Georgetown.
i • i
E. All procedural requirements imposed by state law for full purpose annexation of the
territory described in .rrlbit," and shown in "f'llllf,`° have been rust.
Section 3: 'The present boundary li.tnits of the City of Georgetown are acne ded to
include the following territory, which is within the extraterritorial jurisdiction, not art of the
l p
incorporated area of any jurisdiction, and adjacent to the city limits of the City of Georgetown,
Texas in Williamson County, Texas, annexed into the City for full purposes:
R
204., acres, more. or less, out of the J. Mott Survey, B.C. Low Surtsey, �. Robertson
Survey, William Addison Survey, F.A. Hudson Survey, and J.S. Patterson Survey, that
lies east of FM 1 460, west of the current city limits along the i oKan corridor, anti
.north of the current ETJ. and 11..8 acres, more or less, of ROW for FM 1460 exten ding
from. the current ETJ limit north approximately 3,270 ft, and SCR 111 from F 41460 east
200£ Annexation Area 50
Page 2 of 3
Ordinance No.ez""103
approximatelyo feet to the current cit y 1i
Exhibit
being more particularly described in
f�Exhibit A," and shorn in "Exhibt �B," which are attached hereto and incorporated
herein by reference for all purposes as if set forth in full.
Section 4.
Plan for the area.
The .Ser Tice Plan attached hereto as "Exhibit C" is approved as the Service
Section 54, The area is included in Citi, Council District 1.
Section 60 -The Giant Council declares that its purpose is to annex to the City of Georgetown
each part of the area described in "Exhibit A" as provided in this ordinance, whether any ether part
of the described. area is effectively annexed to the Cite, if thl.s ordinance is held Hi lvalid as to an t
part of the area annexed to the Qty of Georgetoxvn, thatinvalidit3l does not affect the effectiveness
of this ordm' ance as to the remainder of the area.,
Section :.All ordinances and resolutions, or parts of ordinances and resolutions, m Conflict
with this Ordinance are hereby repealed, and are no longer of anyforce and effect.
Section &P The Mayor is hereby authorized. to sign this ordinance and the Citi;, Secretary to
r
attest,
At -test.
Section 9,* This Ordinance shall become effective on midnight December 29, 20068
Passed and Approved on First Reading on the 1411 day of November, 2006.
Passed and Approved on Second Reading on the 281h day of November, 2006,
rr �
Sandra D. Lee
it -v Secretary
Approved as to form.,
Patricia E. Carls
City Attorney
2006 Annexation Area 50
Page 3 of 3
The Citi ofeor etown.*
BvAa GaL Nelon
Mayor