HomeMy WebLinkAboutORD 2024-08 - Annexation with C-3 ZoningORDINANCE NO. ;.02 ti .O 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS AND THE
ANNEXATION AND INITIAL ZONING DESIGNATION OF
GENERAL COMMERCIAL (C-3) OF CERTAIN
TERRITORY CONSISTING OF 4.655 ACRES, MORE OR
LESS, KNOWN AS LOT 1, BLOCK B OF THE DAVIS
SUBDIVISION AND PORTIONS OF RIGHT-OF-WAY ON
WHISPER CREEK DRIVE, AS DESCRIBED HEREIN;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the owners of the area proposed for annexation requested annexation of the
area by the City of Georgetown ("City") pursuant to Local Government Code Section 43.0671;
and
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction
of the City and is contiguous to the City; and
WHEREAS, the City Council approved a Municipal Services Agreement with Dream
Orchid, LLC for 4.655 acres on November 28, 2023; and
WHEREAS, Section 4.03.010 of the City's Unified Development Code ("UDC") creates
procedures for initial zoning of newly annexed territory; and
WHEREAS, all prerequisites of state law and the City Charter have been complied with.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. 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.
Section 3. The City Council of the City of Georgetown hereby annexes into the City limits
4.655 acres in the Isaac Donagan Survey, Abstract 178 as shown in Exhibit A and as described in
Exhibit B of this ordinance (the "Property"). The Property is hereby included in City Council
District 2, as it is adjacent to Council District 2 and no other City Council Districts. The City's
official boundary map and City Council Districts map shall be amended accordingly.
Ordinance Number: 'W2L( — O g Pagel of 3
Description: 3101 West State Highway 29 Annexation w/ C-3 Zoning
Date Approved: February 27, 2024
Section 4. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Council hereby finds that a zoning classification of General Commercial (C-3) is appropriate for
the Property and consistent with the City's Comprehensive Plan, and upon annexation, the
Property shall have a zoning of General Commercial (C-3). The City's Official Zoning Map shall
be amended accordingly.
Section 5. Upon annexation of the Property, the City shall provide to the Property the
municipal services set forth in the Municipal Services Agreement attached to this ordinance as
Exhibit C and by this reference incorporated within it (the "Agreement"), pursuant to the schedule
set forth therein. The City shall have no obligation to provide services to the Property not listed in
the Agreement.
Section 6. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 7. 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, or
application 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.
Section 8. 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 immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 13th of February 2024.
PASSED AND APPROVED on Second Reading on the 2711 of February 2024.
CITY OF GF,0i{rETOWN, TEXAS
, Mayor
ATTEST:
R byn De smore, City Secretary
Ordinance Number: 7 b? L(-- C>Z Page 2 of 3
Description: 3101 West State Highway 29 Annexation w/ C-3 Zoning
Date Approved: February 27, 2024
APPROVED AS TO FORM:
izz
Skye ass , City Attorney
Ordinance Number: 202.4 - a Page 3 of 3
Description: 3101 West State Highway 29 Annexation w/ C-3 Zoning
Date Approved: February 27, 2024
A 0.299 ACRE TRACT, BEING ALL OF 36.5' RIGHT—OF—WAY (S81'58'45"W) N81 °58'40"E BEARING BASIS -TEXAS STATE
(62.66') PLANE COORDINATE SYSTEM,
DEDICATION, DAVIS SUBDIVISION, RECORDED IN DOCUMENT (R=5778.63') 62.67' TEXAS CENTRAL ZONE 4203
No. 2017068122, MAP RECORDS WILLIAMSON COUNTY, (L=62.67') R=5778.63' 0 80 160
L=62.67' Feet
TEXAS " =
STATE HIGHWAY No. 29 D=O'37'17" SCALE 1 80'
1 r— — -- - - - - — - — - - — - IRS\
( S00
(N60'08'00"W 39.56') \ n
IRF 2.
N60°18'23'W \ IRs \ �-ate I
_ _ 39.42'
_--------- - - —------- ----\- \ z�� 31
I U o�
.� ^ �i I \ \ L'W<Zal
o �� I 36.5' R.O.W. \ \ Ito<o-�o I
I z w I DEDICATION \ \ w oo I
I i~
in
I 0.299 ACRES
C4 I 13032 SQFT \ �p I
W v V) I 36.5' ROW DEDICATION, o \ M
I > Z DAVIS SUBDIVISION,
DOCUMENT No. 2017068122, \ \
OWNER: DREAMORCHID LLC A4 11! L —
I -------__ IRF I DOCUMENT No. 2023040203 \ 10' PUE/ \ M
O.P.R.W.C. O o G
I (DOC No. 2023040203) � \ � o N
LOT 1, BLOCK B, CA N
• I I DAVIS SUBDIVISION,
DOCUMENT No. 2017068122, \\ CA
CA N
M.R.W.C. N F` E)1
Wto
✓ / \ \
I V- � 1 I 10' RIGHT-OF-WAY AND
n o5 WATERLINE EASEMENT
Y) CHISHOLM TRAIL SPECIAL
o 00
h UTILITY DISTRICT \
(DOC No. 2006027344)
I(Nb2'4O'15"W 21.13') I I P.O.B. \
N2'42'39 "W \
21.13' F I CPS F IRS
IRS
_ _ IRF z,.W 1 .13'
IRF S8358'36"W
428.51'
II LEGEND (S84'01'00"W
428.67')
• 1/2" IRON ROD FOUND "IRF" "CIRF"
�G
6,
O 1/2" IRON ROD SET W/PINK CAP "IRS"
ry�
COTTON PICKER SPINDLE FOUND "CPSF"
I
�P�o�P�eryA
Pic�P9
pp�0
(SO'00'00"W 0.0') - RECORD BEARING & DISTANCE
y �ci
°��F� ���0g
NOTES: I
GPyp°GJ
1. SURVEY DONE WITHOUT THE BENEFIT OF A TITLE COMMITMENT.
2. CLIENT REQUESTED A METES AND BOUNDS SURVEY ONLY.
3. NO IMPROVEMENTS WERE LOCATED AT THE REQUEST OF THE CLIENT.
4. NO EASEMENT RESEARCH WAS PERFORMED BY THIS SURVEYOR.
5. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS
SURVEY PLAT.
OF
rl
T
61)f ��
MANUEL CARRI�
C-0
388
SUR`�
S8335'19"W 114.91' S75'373 104.85)
1`
(S83'51'00"W 115.24') (S75'24'00"W
(S75'24'00"W 8'
S75°3763a6'
Z 0 ,
r�PQOryry�G.
-----
MAN EL ARRIZ
R.P.L.S. #6388
DATE
JOB No. 23-170B
arrizales
and
urveying, LLC
Texas Registered Surveying Firm
TBP1.5 FIRM No:10194417
Office: 5174741489
`nfcad@gmalLc0.
N42°28'23'E
35.04'
R=25.00' --\
L=38.83'
D=88"59'38"
(N42'37'30"W)
(35.03')
(R=25.00')
(L=38.81)
— � W
II o
I w
II z
I o
II F
I w
A 4.655 ACRE TRACT, BEING ALL OF LOT 1, BLOCK B, DAVIS SUBDIVISION, RECORDED IN DOCUMENT
BEARING BASIS —TEXAS STATE 2017068122, MAP RECORDS WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED IN A SPECIAL WARRA
PLANE COORDINATE SYSTEM, DEED WITH VENDOR'S LIEN, DATED MAY 16, 2023, CONVEYED TO DREAMORCHID LLC, RECORDED IN
TEXAS CENTRAL ZONE 4203 DOCUMENT No. 2023020203, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS
0 80 160 N84°35'09"E (N84'35'15"W)
Feet 463.30' (463.38')
SCALE 1" = 80' R=5778.63' (R=5778.63')STATE HIGHWAY No. 29 (S60b
IRS L=463.42' (L=463.50') SLOB,
��•® D=4°35'42" F — —
�— — —
10' PUE (DOC No. 2023040203)
IRF
I— — — — — — _ _ _ _ _ _
50.0' BUILDING LINE (DOC No. 2023040203)
rl I
a
r �
W� I
:,t10�
`° 0 I
oZ I
z
I
IRF
II
N
to
a
0
p
M
�; w
to
N
N
Id
v W
Z
!co
I
Ip
;n Z
Iw
O
a
o
40'15"W 21.13')
42'39•W IRF
21.13' I
IRF
LOT 1, BLOCK B
4.655 ACRES
202757 SQFT
OWNER: DREAMORCHID LLC
DOCUMENT No. 2023040203
0.P.R.W.C.
LOT 1, BLOCK B.
DAVIS SUBDIVISION,
DOCUMENT No. 2017068122,
M.R.W.C.
S83°58'36'W 428.51'
(S84'01'00"W
P.O. B. 1
I
p.P�y��ILEGEND
• 1/2" IRON ROD FOUND "IRF" "CIRF"
OF
Q�"G\S TER '•,"�
Q`Q�'GJ 'h0 G• 0 1/2" IRON ROD SET W/PINK CAP "IRS"
00LGQ� I
A, F.9
�i� O:1I1
�o. �• 1 ® COTTON PICKER SPINDLE FOUND "CPSF"
" "•�""•••••••••�•••••••••••"•""�
(SO'00'00"W 0.0') —RECORD BEARING & DISTANCE
MANUEL CARRIZALES
NOTES: I
..•..•••..•••
.........................
1. SURVEY DONE WITHOUT THE BENEFIT OF A TITLE COMMITMENT.
9 '•°FESS\0�l,•�O
�O• ~S
2. CLIENT REQUESTED A METES AND BOUNDS SURVEY ONLY.
U RJ
3. NO IMPROVEMENTS WERE LOCATED AT THE REQUEST OF THE CLIENT.
4. NO EASEMENT RESEARCH WAS PERFORMED BY THIS SURVEYOR.
5. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLAT.
IRS 8 l�tl�o9
0
RS
�V�OU
Z �ppU o�
UWgZaI
\
o
�
0
\\
I
N O'
\
0 \ w
C of
00
�\ -CkCA
J3
N\
\ ✓
All
10' RIGHT—OF—WAY AND
WATERLINE EASEMENT
CHISHOLM TRAIL SPECIAL
UTILITY DISTRICT
(DOC No. 2006027344)
S83°35' 19"W
1 14.91'
(S83'51'00"W 115.24')
V(C�A�RRZZAI?!S�------
L
R.P.L.S. #6388
9-1Z_- to
DATE
JOB No. 23-170A
z
')
yP Q'2'�,J ry0°jG.
tAmitilI b
36.5' ROW DEDICATION
METES AND BOUNDS
0.299 ACRES
A 0.299 ACRE TRACT, BEING ALL OF 36.5' ROW DEDICATION, DAVIS SUBDIVISION, RECORDED IN
DOCUMENT NO. 2017068122, MAP RECORDS WILLIAMSO COUNTY, TEXAS, SAID 0.299 ACRE TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. -
BEGINNING AT A 1/2 IRON ROD WITH A PINK CAP STAMPED "C.L.S. RPLS #6388" SET, THE
SOUTHWEST CORNER OF THE SAID 36.5' ROW DEDICSTION, FOR THE SOUTHWEST CORNER OF
THE HEREIN DESCRIBED TRACT AND THE POINT OF BEGINNING;
THENCE, N22°26'03" W, ALONG THE WEST LINE OF THE SAID 36.5' ROW DEDICATION, A DISTANCE
OF 326.10 FEET TO A'/2 INCH IRON ROD WITH A PINK CAP STAMPED "C.L.S. RPLS #6388" SET, AN
INTERIOR CORNER OF THE SAID 36.5' ROW DEDICATION, FOR AN INTERIOR CORNER OF THE
HEREIN DESCRIBD TRACT;
THENCE, N60018'23"W, ALONG A WEST LINE OF THE SAID 36.5' ROW DEDICATION, A DISTANCE OF
39.42 FEET TO A 1/2 INCH IRON ROD WITH A PINK CAP STAMPED "C.L.S. RPLS #6388" SET, THE
NORTHWEST CORNER OF THE SAID 36.5' ROW DEDICATION, SAME BEING A POINT ON THE NORTH
LINE OF THE SAID DAVIS SUBDIVISION, SAME BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF STATE HIGHWAY NO. 29, FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBD TRACT
AND THE BEGINNING OF A CURVE;
THENCE, ALONG THE NORTH LINE OF THE SAID 36.5' ROW DEDICATION, SAME BEING ALONG THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 29, WITH SAID CURVE TO THE LEFT THROUGH
AN ANGLE OF 00037'17", A RADIUS OF 5778.63 FEET, HAVING AN ARCH LENGTH OF 62.67 FEET, AND
CHORD BEARING OF N81058'40"E, A DISTANCE OF 62.67 FEET TO A 1/2 INCH IRON ROD WITH A PINK
CAP STAMPED "C.L.S. RPLS #6388" SET, THE NORTHEAST CORNER OF THE SAID 36.5' ROW
DEDICATION, SAME BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.
29, SAME BEING THE NORTHEAST CORNER OF THE SAID DAVIS SUBDIVISION, FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, S220 26'03"E, ALONG THE EAST LINE OF THE SAID DAVIS SUBDIVISION, SAME BEING THE
EAST LINE OF THE SAID 36.5' ROW DEDICATION, A DISTANCE OF 346.78 FEET TO A 1/2 INCH IRON
ROD WITH A PINK CAP STAMPED "C.L.S. RPLS #6388" SET, THE SOUTHEAST CORNER OF THE SAID
36.5' ROW DEDICATION, SAME BEING THE SOUTHEAST CORNER OF THE SAID DAVIS SUBDIVISION,
FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, S75037'33"W, ALONG THE SOUTH LINE OF THE SAID 36.5' ROW DEDICATION, SAME BEING
ALONG THE SOUTH LINE OF THE SAID DAVIS SUBDIVISION, A DISTANCE OF 36.86 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 0.299 ACRES OF LAND, MORE OR LESS.
A SURVEY PLAT OF EVEN DATE HEREBY ACCOMPANIES THESE METES AND BOUNDS DESCRIPTION
%-/2- 202
M*UEL C(4RRIi?Al.E-,< DATE:
REGISTERED PROFESSIONAL LAND SURVEYOR NO.6388
FIRM NO. 10194417 @�MANUEL CARR�IZALESS
512-470-1489 6388��
fnfcad@gmail.com S%pOj
JOB No. 23-1706
'\
EXHIBIT B
LOT 1, BLOCK B
METES AND BOUNDS
4.655 ACRES
A 4.655 ACRE TRACT, BEING ALL OF LOT 1, BLOCK B, DAVIS SUBDIVISION,
RECORDED IN DOCUMENT No. 2017068122, MAP RECORDS WILLIAMSON
COUNTY, TEXAS, SAME BEING DESCRIBED IN A SPECIAL WARRANTY DEED
WITH VENDOR'S LIEN, DATED MAY 16, 2023, CONVEYED TO DREAMORCHID
LLC, RECORDED IN DOCUMENT No. 2023020203, OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 4.655 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND, THE SOUTHWEST CORNER OF
THE SAID LOT 1, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT AND THE POINT OF BEGINNING;
THENCE, N02042'39"W, ALONG THE WEST LINE OF THE SAID LOT 1, A DISTANCE
OF 21.13 FEET TO A'/2 INCH IRON ROD FOUND, AN EXTERIOR CORNER OF THE
SAID LOT 1 FOR AN EXTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, N01058'19"E, ALONG THE WEST LINE OF THE SAID LOT 1, A DISTANCE
OF 150.23 FEET TO A 1/2 INCH IRON ROD FOUND, AN INTERIOR CORNER OF
THE SAID LOT 1, FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, N01 °56'51 "W, ALONG THE WEST LINE OF THE SAID LOT 1, A DISTANCE
OF 164.13 FEET TO A 1/2 INCH IRON ROD FOUND, THE NORTHWEST CORNER
OF THE SAID LOT 1, FOR THE NORTHWEST CORNER OF THE HEREIN
DESCRIBD TRACT AND THE BEGINNING OF A CURVE;
THENCE, WITH A SAID CURVE TO THE RIGHT THROUGH AN AGLE OF 88059'38",
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 38.83 FEET, AND CHORD
BEARING OF N42028'23"E, A DISTANCE OF 35.04 FEET TO A 1/2 INCH IRON ROD
WITH PINK CAP STAMPED "C.L.S. RPLS #6388" SET A, A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 29, SAME BEING AN EXTERIOR
CORNER OF THE SAID LOT 1, FOR AN EXTERIOR CORNER OF THE HEREIN
DESCRIBED TRACT AND THE BEGINNING OF A CURVE;
THENCE, ALONG THE NORTH LINE OF THE SAID LOT 1, SAME BEING THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 29, WITH SAID CURVE TO
THE LEFT THROUGH AN ANGLE OF 04035'42", HAVING A RADIUS OF 5778.63
FEET, AN ARC LENGTH 463.42 FEET, AND CHORD BEARING OF N84035'09"E, A
DISTANCE OF 463.30 FEET TO A 1/2 INCH IRON ROD WITH A PINK CAP
STAMPED "C.L.S. RPLS #6388" SET, AN EXTERIOR CORNER OF THE SAID LOT 1,
SAME BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY
NO. 29, FOR AN EXTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
JOB No. 23-170A
EXHIBIT B
THENCE, S60018'23"E, ALONG A EAST LINE OF THE SAID LOT 1, A DISTANCE OF
39.42 FEET TO A 1/2 INCH IRON ROD WITH A PINK CAP STAMPED "C.L.S. RPLS
#6388" SET, THE NORTHEAST CORNER OF THE SAID LOT 1, FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, S22026'03"E, ALONG THE EAST LINE OF THE SAID LOT 1, A DISTANCE
OF 326.10 FEET TO A 1/2 INCH IRON ROD WITH A PINK CAP STAMPED "C.L.S.
RPLS #6388" SET, THE SOUTHEAST CORNER OF THE SAID LOT 1, FOR THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBD TRACT;
THENCE, S75037'33"W, ALONG A SOUTH LINE OF THE SAID LOT 1, A DISTANCE
OF 105.13 FEET TO A 1/2 INCH IRON ROD FOUND, AN EXTERIOR CORNER OF
THE SAID LOT 1, FOR AN EXTERIOR CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, ALONG A SOUTH LINE OF THE SAID LOT 1, S83035'19"W, A DISTANCE
OF 114.91 FEET TO A 1/2 INCH IRON ROD FOUND, AN EXTERIOR CORNER OF
THE SAID LOT 1, FOR AN EXTERIOR CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, ALONG THE SOUTH LINE OF THE SAID LOT 1, S83058'36"W, A
DISTANCE OF 428.51 FEET TO THE POINT OF BEGINNING, AND CONTAINING
4.655 ACRE OF LAND, MORE OR LESS.
A SURVEY PLAT OF EVEN DATE HEREBY ACCOMPANIES THESE METES AND
BOUNDS DESCRIPTION
MANUEL AFC
REGISTERED
FIRM NO. 10194417
512-470-1489
fnfcad@gmail.com
JOB No. 23-170A
ES
e9—/2' Zo ZS
DATE:
ESSIONAL LAND SURVEYOR NO.6388 ��i �Aq-''v
ODA
4ANUEL CARRIZALES
6388
9 °Ofss\°�-��
Sure
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND DREAM ORCHID LLC
Tits Municipal Services Agreement ("Agreement") is entered into on thee' day of
, A-o2g by and between the City of Georgetown, Texas, a home -rule
municipality of the State of Texas ("City") and Dream Orchid, LLC ("Owner").
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered into this Agreement
WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an
area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land located at 3101 W. SH 29, which consists
of approximately 4.655 acres of land in the City's extraterritorial jurisdiction, such property being
more particularly described and set forth in Exhibit "A" attached and incorporated herein by
reference ("Property");
WHEREAS, Owner has filed a written request with the City for annexation of the
Property, identified as Annexation Case No. 2023-9- ANX ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Georgetown City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
I PROPERTY. This Agreement is only applicable to the Property, which is the
subject of the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery
of fill, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
3101 Development (2023-9-ANX) Municipal Service Agreement
1
EXHIBIT C
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
Fire Protection and Emergency Medical Services — The City of
Georgetown Fire Department will provide response services in the
annexed area consisting of: fire suppression and rescue; emergency
response to 9-1-1 calls; fire prevention education efforts, and other
duties and services provided by the Georgetown Fire Department.
ii. Police — The City's Police Department will provide protection and
law enforcement services.
iii. Planning and Development Building, Permits. and Inspections
Services - Upon annexation, the City will provide site plan review;
zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and
permits; and Stormwater Permit services in the annexed.
iv. Parks and Recreational Facilities. Residents of the Property will be
permitted to utilize all existing publicly -owned parks and
recreational facilities and all such facilities acquired or constructed
after the Effective Date (including community service facilities,
libraries, swimming pools, etc.), throughout the City. Any private
parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and
operation of the same upon acceptance of legal title thereto by the
City and appropriations therefor. In the event the City acquires any
other parks, facilities, or buildings necessary for City services within
the Property, the appropriate City department will provide
maintenance and operations of the same.
V. Other Publicly Owned Buildings. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Libra — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwatcr Utility Services — The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
3101 Development (2023-9-ANX) Municipal Service Agreement
2
CArI101 1 6
will cover the direct and indirect costs of stormwater management
services.
viii. 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.
ix. 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 in accordance with City ordinances, standards,
policies and procedures.
X. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. Code Compliance — The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Regulations — Upon annexation, the City
shall provide business licensing services (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) in the annexed area
b. The City will provide water service and wastewater treatment service to
developments established after the Effective Date in accordance with, and
on the schedule determined by, the City's extension policies, capital
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
The City may impose a fee for any municipal service in the area annexed if
3101 Development (2023-9-ANX) Municipal Service Agreement
3
EXHIBIT C
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.
d. It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement, Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, term, or provision was
never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in
Williamson County, Texas or the United States District Court for the Western
District of Texas, Austin Division and construed in conformity with the provisions
of Texas Local Government Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that party's right to insist upon appropriate performance
or to assert any such right on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
3101 Development (2023-9-ANX) Municipal Service Agreement
4
EXHIBIT C
or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or future owner of any portion of the
Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
3101 Development (2023-9-ANX) Municipal Service Agreement
5
EXHIBIT C
Approved as to Form:
Skye asson
City Attorney
Attest:
Robyn nsmore. TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day of .2045
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of
said corporation.
By:
Notary Public, State of Texas KAREN DF
Notary ID # My CommissMay24
3101 Development (2023-9-ANX) Municipal Service Agrcement
6
EXHIBIT C
(OWNER 1)
By:—
(Sucharitha Pati)
President, Dream Orchid, LLQ
State of*s NeW 7e.0 Ce{§
County of FSS G & §
This instrument was acknowledged before me on the lday of r�[ra 6-r , 2021, by
p1}� 7r C ; e n of [Name of individual signing, title (if
any)] on behalf of said Ucsmwt d I. L C [insert name of company or individual
where applicable].
ESTEFANITORRES
By. — -- — — Notary Public
State of New Jersey
�� A1 C w My Commission Expires June 27, 2028
Notary Public, State o('
�e7CsCy _I.D.# 50211503
3101 Development (2023-9-ANX) Municipal Service Agreement
7