HomeMy WebLinkAboutORD 2010-37 - ANX Madison Sect 1An 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 234.70 acres out of the Lemuel S
Walters Survey, 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; providing for service plans;
repealing conflicting ordinances and resolutions; including a severability clause;
and establishing an effective date.
Whereas, the City Council of the City of Georgetown, Texas, may under the Charter ol' said
City, Section 1.06, annex areas as allowed by State law; and
Whereas, the owners of the area proposed for annexation submitted a petition in writilsg
requesting annexation of the area; and
Whereas, the petition described the area by metes and bounds and %tiYas acknowledged in the
manner required for deeds byeach person having an interest in the area; and
Whereas, State Statute allows for the annexation of sparsely occupied areas on a petition of
the landowner if specific criteria are met; and
Whereas, the area proposed for annexation is one-half mile or less in width, are contig Lions
to the Citv limits of the Citv of Georgetown, and are vacant and without residents or ttaN.re fe�Aver
than three qualified voters in residence, thus meeting the specific criteria.in the State Statute; and
Whereas, the Section 4.03.010 of the Unified Development Code creates procedLzres for initial
zoning of newly annexed territory; and
Whereas, the Georgetown City Council approved a resolution granting the petition on May
25, 2010; and
Whereas, the Georgetown Citv Council conducted public hearings on the proposed
annexation on June 8, 2010, and June 22, 2010; 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
Ordinance No. °agc 1 oC i
Annexation of Madison at Georgetown, Section 1
Whereas, all prerequisites of state law and the City Charter have been complied with.-
Now,
ith,
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 the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan:
Goal 3: Provide a development framework for the fringe that guides sound. sustainable
patterns of land use, limits sprawl, protects community character, demonstrates sound
stewardship of the environment, and provides for efficient provision of public services
and facilities as the city expands.
Policy Statement 3.A. Initiate a fringe area growth managerrrent fiameworlc connprising the
following elements:
3 Establish a proactive plan to provide infrastructure (water, wasteu)(71 er, roads, etc.)
in advance of development (to provide City infrash-acture where development is
desired, with the developer bearing the responsibility of providing adet7unic
infrastructure outside of transitional growth. areas).
Policy Statement 3.B. Establish criteria, targets and tinretab les for the annexa ion of
unincorporated ` pockets " into the cite.
and further finds that the enactment of this ordinance is not inconsistent or in. conflict with any
other 2030 Comprehensive Plan Vision Statements, Goals and Policies.
Section 2. The City Council of the City of Georgetown hereby annexes 234.70 acres, more or
n
less, in the Lemuel S. Walters Survey, Williamson County, Texas, located a t 4565 SH 195, as shows
in Exhibit A of this ordinance, and described in Exhibit B of this ordinance. Exhibit C contains the
service plan.
Section 3. The 234.70 acres, more or less, in the Lemuel S. Walters Survey, Williamson
County, Texas, as described in Exhibit B of this ordinance, is included in City Council District 4, as it
is adjacent to Council District 4 and no other City Council Districts.
Section 4. All ordinances and resolutions, or parts of ordinances and resolutioi is, in conflict
with this Ordinance are hereby repealed, and are no longer of anv force and effect.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, orapplication 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.
Ordinance No. ® Pnge ? of 3
Annexation of Madison at Georgetown, Section 2
Section b. 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 (10) ten days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
Passed and Approved on First Reading on the 1311, day of July, 2010.
Passed and Approved on Second Reading on the 2811, day of September, 2010.
Attest:
Approved as to form:
Mark Sokolow, City Attorney
• 0 � Tof
Annexation of +
The City of Georgetown:
George Garver, Mayor
Prle 30
Exhibit B
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR JOHN D. GOURLEY ET. AL.
BEING 234.70 acres of the Lemuel S. Walters Survey, Abstract No. 653, in Williamson County. Texas.
This property includes (1) the 165.97 acre tract which is described in a deed to Wolf Von Buchholtz, et. al.. of record
in Doc. 2006001445: which is the same property that is described in deeds for various percentages as follows John
Gourley of record in Doc. 2006106398; Vincent Stagliano, et.ux., Doc. 2010020411; and John H. Teeter, of record
in Doc.
20 (ORWCT); (2) part of the 424.43 acre tract which was described in a deed from Ken Richmond
to John D. Gourley, et. al., as described in Doc. 2006052470, Official Records of Williamson County, Texas
(ORWCT); and (3) 4.878 ac. as described in a deed from Val Verde Investments. Ltd. to Nt%olf Von Buchholtz; et.
al., of record in Doc. 2007099395 (ORWCT). Cotenancy Agreements are of record as filed in Doc. 2010025541 and
Doc. 2006001447 (ORWCT).
BEGINNING at an iron pin which was found at the most Westerly Southwest corner of the 190.50 acre
tract which was conveyed to Clyde Thompson as described in Vol. 1303, Pg. 897. and at the Northwest corner of the
160.66 acre tract which was described in a Final Judgement Cause 97-215-C368 of the 368`x' Judicial District of the
District Court of Williamson County, Texas, as recorded in Doc. 2004051686, Official Records of Williamson
County, Texas. This corner exists at the Northwest corner of the said 165.97 ac. tract of Wolf Von Buchholtz. et. al.
THENCE with the boundary of the said 165.97 acre tract, N 74 deg. 22 min. 43 sec. E 1517.00 feet to a nail
set in a multi -prong Oak. A pipe found at a fence corner stands S 56 deg. 10 min. 45 sec. E 16.43 feet.
THENCE with a boundary which does not follow an existing fence as follows;
S 59 deg. 47 min. 42 sec. E 434.42 feet to an iron pin found: S 35 deg. 02 min. 36 sec. W 6.78 feet to an iron pin set;
S 61 deg. 30 min. 12 sec. E 73.64 feet to an iron pin found; and N 21 deg. 02 min. 43 sec. E 4.78 feet to an iron pin
found.
THENCE join and follow along or near the general line of an existing
fence, finding iron
pins at
fence
corners as follows; S 59 deg.
49 min. 08 sec. E 195.72 feet; N 81 deg. 51 min.
I I sec. E 230.85
feet; S 17
deg. 47
min. 02 sec. E 150.40 feet; S
47 deg. 39 min. 48 sec. E 96.32 feet; S 20 deg. 08
min. 04 see.
E
17.04 feet:
N 67 deg.
14 min. 39sec. E 391.05 feet
to the most Easterly of two stakes that stand N 66
deg. 29 min.
03
sec. E 12.29
feet
apart; N 65 deg. 04 min. 27 sec.
E 314.92 feet; N 70 deg. 23 min. 14 sec. E 102.50
feet; and
N
67 deg. 38
min. 04
sec. E 33.34 feet.
THENCE with a line that departs the fence, finding iron pins as follows; N 30 deg. 42 min. 48 sec. W 33.40
feet; S 58 deg. 07 min. 27 sec. W 20.55 feet, and N 36 deg. 46 min. 09 sec. W 45.04 feet.
THENCE along or near the general line of an existing fence, finding iron pins as follows;
N 12 deg. 03 min. 40 sec. E 226.74 feet; N 77 deg. 24 min. 34 sec. E 62.02 feet; N 70 deg. 31 min. 10 sec. E 332.89
feet ; N 25 deg. 37 min. 29 sec. W 40.91 feet; N 22 deg. 07 min. 05 sec. W 664.68 feet; N 70 deg. 27 min. 46 sec. E
579.57 feet; and N 20 deg. 01 min. 17 sec. W 167.39 feet.
THENCE with an unfenced boundary, N 80 deg. 38 min. 17 sec. E 133.74 feet to an iron pin set.
THENCE with the West line of State Highway 195, S 53 deg. 53 min. 32 sec. E 1863.64 feet to an iron pin
set at the Southeast fence corner of the said 165.97 acres.
THENCE with the South line of the said 165.97 acres and the North line of the Clyde Thompson property
described in Vol. 532, Pg, 496; S 50 deg. 46 min. 28 sec. W 584.36 feet to a nail set in concrete at a fence corner;
and S 44 deg. 05 min. 58 sec. W 645.35 feet to an iron pin set at a fence corner.
THENCE with the South line of the said 165.97 acres, along or near the South line of tine L.S, ly'alters
Survey, and the North line of the Burrell Eaves Survey, (and along the North boundary of Shady Oaks, Sec, 4 Ph. 4,
of record in Doc. # 2005091523, and Sec. 4, Ph. 5 of record in Doc. 2006094525), finding iron pins as follows, S 69
deg. 42 min. 58 sec. W 1.068.47 feet; S 71 deg. 15 min. 44 sec. W 1234.50 feet; and S 70 deg. 14 min. 39 sec. W
1834.60 feet to a concrete nail found in the concrete base of a fence corner post.
DESCRIPTION FOR JOILNi D. GOURLEY ET. AL. P,-1GE 2
THENCE along or near the general line of an existing fence, with the West line of the 165.97 were tract. N
21°31'02"W 231.49 feet to an iron pin found in the root of a 36 inch oak, and N 19°40'06"W 427.15 feet to an iron
pin found.
THENCE with the common boundary between the said 424.43 acres and the said 186.27 acres; S 70'15'46"
W 750.58 feet to an iron pin which was found; and S 19'43'20"E 2669.01 feet to an iron pin which was found.
THENCE with the East boundary of the Gourley 4.878 acre tract, and the West boundary of the reserve of
the said 186.27 acres, (LI 5) S 19043'0631E 115.33 feet to an iron pin which was found. This corner exists at the
present Southwest corner of the reserve of the tract called 186.27 acres as described in a deed to Val Verde
Investments, Ltd. (Doc. 2006054350), and in the North Line of Neighborhood 24 "B2" of the Sun Citv Planned l_'nit
Development (Doc. 2004087406, Cabinet Z, Slide 217, Plat Records). This corner exists in a boundary that was
established by the Correction Boundary Line Agreement as set out in Doc. 9602326 (ORWCT).
THENCE following the boundary as established by the said boundary line agreement; with the South line of
the said tract called 4.878 ac., and with the North line of said Neighborhood 24 `B2' ; (C1) 280.27 feet with the arc
of a curve having a radius of 4036.52 feet, the chord bears S 86'31'20"W 280.21 feet to an iron pin which was found
in the North line of Tract "F" of said Neighborhood 24 `132" (Sun City Georgetown Community Asso.. Inc. Doe.
2008093719).
THENCE joining the North line of Neighborhood 24 `B" (Doc. 2004004281, Cabinet Y, Slide 174, Plat
Records), S 88'23'56"W 1493.95 feet to an iron pin which was found at the Southwest corner of the said 4.878
acres.
THENCE with the West boundary of the said 4.878 acres, (L16) N 20053'53"'v'v' 119.16 feet to an iron pin
which was found at the Southwest corner of the said 424.43 acres of Gourley, et.al.
THENCE with the West boundary of the said 424.43 acre tract, N 22'44'34"W 685.30 feet. An iron pin
which was found in the East line of the property of Somerset Hills, Ltd, (Lot 2 189.153 ac. Doc. 2004098880);
stands N 22'44'34"W 781.16 feet.
THENCE as follows; N 71'49'50"E 209.24 feet; S 30'58'27E 218.55 feet; S 85059'l 311E 714.37 feet; N
52045'48"E 25157 feet; and (L21) N 39'39'481'E 97.85 feet to the curved West line of Oak Branch Dr.
THENCE with the curved South line of Oak Branch Drive, (C6) 228.13 feet with the are of a curve to the
left having a radius of 312.50 feet, the chord bears N 89'54'15"E 223.09 feet; continuing with the South line of the
road (L22) N 68'59'28"E 35.78 feet.
THENCE crossing Oak Branch Drive, (L23) N 21'00'32"W 65.00 feet.
THENCE with the North Iine of Oak Branch Drive, (L24) S 68'59'30" W 35.78 feet to the beginning ofat
curve to the right (C7) having a radius of 247.50 feet, 398.47 feet with the arc of the curve, the chord bears N
6405Y] 6"W' 356.80 feet.
THENCE with the East line of Oak Branch Dr., N 18045'57"W 542.42 feet to the beginning of a curve to
the left (C8) having a radius of 1232.50 feet, 644.70 feet with the are of the curve, the chord bears N 33°45'04"W
637.37 feet.
THENCE N 39016'16"E 310.29 feet to the West line of a street.
THENCE (C9) 40.01 feet with the arc of the curve to the Left having a radius of 1550.00 feet, the chord
bears N 50'20'1 5"W 40.01 feet.
THENCE with the West line of a street (L25) N 51°04'38"W 159.14 feet.
THENCE as follows: (L26) N 38'55'22"E 49.99 feet and (L27) N 50040705"NV 125.22 feet to the beginning
of a carve (CIO) to the right having a radius of 645.94 feet, 34.78 feet with the are of the curve_ the chord bears N
50'40'04"W 34.78 feet.
DESCRIPTION FOR JOHN D. GOURLEY ET. AL.
PAGE 3
THENCE as follows;
(L28) N
38°33'51"E
150.71 feet; (L29)
N
31°46'19"E
feet to the
103.78 feet; (L30) N 170
33'
23"E 102.48 feet; (L31) N 06°13'
13"E
128.11 feet; and N 04')'2'1
9"E 510.82
feet to the North 1 ine of a street.
THENCE S 85010'52"E 420.08 feet to the beginning of a curve to the left (C11) having a radius of 966.0
feet, continuing with the arc of the curve, 339.95 feet, the chord bears N 84°44'13"E 338.20 feet.
THENCE (L32) N 7402213611E 48.76 feet.
Descr' ioz prepared from record on April 28, 2010
<...__.___WW F. FOREST JR........ ......... .........
._..
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 1847
THENCE
with the East
line of the said 424.43 acre tract and the West line of the said 165.97 acre tract,
N 17°35'43"W
527.99
feet to the
POINT OF BEGINNING.
Descr' ioz prepared from record on April 28, 2010
<...__.___WW F. FOREST JR........ ......... .........
._..
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 1847
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: MADISON AT GEORGETOWN SECTION i
COUNCIL DISTRICT No, 4
DATE: JULY 13, 2010
1, INTRODUCTION
This Service Plan (the Plan) is made b}% the City of Georgetown, Texas (City i 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 Citv of the land shown on Exhibit "A" to this Service
Plan, which. has sometimes been referred to as "Madison at Georgetown, Section I". 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 June 8, 2010 and June 22, 2010, in accordance vvlith
Section 43.056(j) of the LGC.
NOTE: This annexation was initiated by the petition or request of the owners of land in tine
annexed area. As is 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 landov\lner
when the Citv and the landowners agree in writing that the development project �,vithirn that
area, because of its size or projected maluler of development by the developer, is not reasonably
expected to be completed within that period. The development of this property c/ gill occur in
compliance with the approved Madison at Georgetown Development Agreement: vvhich shall
control the schedule of the provision of municipal services for the areas. To the extent that there
is a conflict between this Service Plan and that agreement, the agreement shall control.
II. 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
services in accordance with the timetables required by the
this Plan shall provide rnunicipal
LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the Citv 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 unlawf -il.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
Annexation Service Plan Madison at Georgetown, Section 1
Page 1 of 13
The municipal services
described herein are categorized by
those services which
are
(1)
municipal services to any other
areas of the City,
area.
available to the annexed
area immediately upon armexation; (2) those services which
will
be
available to the annexed
area within 21/2 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.
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,
area.
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(8) 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 aru-texed 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 aruaexation,
the Georaeto�,�,Yn Police Department \twill
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 arulexed 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 \A7ill
provide solid waste collection services to the arulexed area in accordance v�7ith City
ordinances and policies in effect on the date of the armexation. 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 alurexed area will be
Annexation Service Plan Madison at Georgetowrn, Section ;
Page 2 of 13
maintained upon annexation and such maintenance shall be governed by the City's
ordinances, standards, policies and procedures. Per the provisions of Section 1.3.01.
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.
5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City aril]
provide preventative maintenance of the existing public streets and roads in the
aru-texed 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 1»aintenance
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 staridards
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 swiminincr 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 ara-iexation 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.
%. 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 wTill operate and
maintain them.
8. Library - Upon annexation, library privileges will be available to anyone residing in
the annexed area.
Annexation Service Plan Madison at Georgetown, Section i
Page 3 of 13
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 Perinit 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 aimexed area.
11. Business Licenses and Regulations - The provisions of Chapter 6 of the Cite 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 aralexedarea.
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 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/z 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 aiarlexed 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
Annexation Service Plan Madison at Georgetown, Section 1
Page 4 of 13
apply. The City shall have no obligation to extend water or wastewater service to arnv
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 suminarized in Section X of this PIan, 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 Nvith 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 Citv 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 corrnzience within 2
lh years from the effective date of annexation and will be substantially complete Within 4
1/z 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. Loads 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; Emergenc`T Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimrnirng Pools; Public
Buildings or Facilities; or Library Services. The arulexed area will be included in the
City's future plazu-iing 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.
J
Annexation Service Plan Madison at Georgetown, Sectio» 1
Page 5 of 13
VIL 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 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 artnexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision
from tune to tune by the City in its sole discretion.
K 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.
Annexation Service Plan Madison at Georgetown, Section 1
Page 6 of 13
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 frou
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 main is within reasonable distance of the subdivision, but in no case
less than one-quarter mile away, and conriection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of corulecting 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, It 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 rye
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
Annexation Service Plat, Madison at Georgetown, Section']
Page 7 of 13
City's Capital Improvements Plan to be completed to a point withil one-half
mile of the property boundary witl-iin five (S) 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 iii
accordance with all of the elements of the Comprehensive Plan and shall meet
the minimum requirements established by the UDC, the Citv'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 �nTill 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 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. I.f 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
Annexation Service Plan Madison at Georgetmvn, Section 1
Page 8 of 13
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 Timin6.
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.
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.
Annexation Service Plan Madison at Georgetown, Section 1
Page 9 of 13
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 aimexation service plan shall be provided as stated
in the approved Service Plan for such annexed tracts.
Section 13.14.040 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 grovAh, 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
Annexation Service Plan Madison at Georgetown, Section 1
Page 10 of 13
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
1. Comlection 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 salve 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
futures 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 everts:
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;
Annexation Service Plait Madison at Georgetown, Section 1
Page 11 of 13
c. If the City detennines 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. 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 Sewer 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
Annexation Service Plan Madison at Georgetown, Section 1
Page 12 of 13
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.
Arulexation Service Plan Madison at Georgetown, Section 1
Page 13 of 13