HomeMy WebLinkAboutORD 2011-57 - ANX 11- Fish Survey HEK
Ordinance No.
An Ordinance of the City Council of the City of Georgetown, Texas, providing for
the extension of certain boundary limits of the City of Georgetown, Texas, and the
annexation of certain territory consisting of approximately 32.63 acres in the Fish
Survey and HEK Business Park, Block A, Lot 1, located northeast of Williams
Drive right-of-way and west of the Heritage Oaks subdivision, to be referred to as
2011 Annexation Area 11, as shown and described in Exhibits A and B 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 of Georgetown, Texas is a home rule municipal corporation; and
Whereas, the City Council of the City of Georgetown, Texas, may under the Charter of said
City, Section 1.06, annex areas as allowed by State law; 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
Whereas, pursuant to said Policy, the City Council identified certain areas for which it
desired to initiate annexation proceedings in order to bring said territories into the City limits; and
Whereas, the Unified Development Code creates procedures for initial zoning of newly
annexed territory; and
Whereas, the City Council on August 23, 2012, by Resolution No. 082311-Q directed staff to
advertise for public hearings and initiate annexation proceedings to bring said territories into the
city limits; and
Whereas, following written and published notification given in accordance with state law,
the City Council conducted public hearings on the proposed annexation on October 11, 2011, and
October 25, 2011; and
Whereas, all of the herein-described property lies within the extraterritorial jurisdiction of
the City of Georgetown, Texas and not within any incorporated area; and
Whereas, the herein-described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
Whereas, all prerequisites of state law and the City Charter have been complied with;
Whereas, the Section 4.03 of the Unified Development Code provides that the initial zoning
2011 Annexation Area 11 Ordinance No.
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classification for the newly annexed properties is "AG Agriculture; and
Whereas, all prerequisites for annexation as set forth in state law and the City Charter have
been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that:
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements 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.B. Establish criteria, targets and timetables for the annexation of
unincorporated "pockets" into the city.
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 hereby finds that:
A. Notice of two public hearings concerning annexation of the territory described in
"Exhibit 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 City's
internet website.
B. The public hearings were held on October 11, 2011, and October 25, 2011, each at 6:00
p.m. at the City Council Chamber, 101 E. Th Street, 78626, Georgetown, Texas.
C. The public hearings were concluded after providing an opportunity for all persons
present to be heard with respect to the proposed annexation. A proposed Service Plan
was made available and explained at the public hearings as required by law.
D. "Exhibit C" contains the municipal service plan for the annexed area.
Section 3. The present boundary limits of the City of Georgetown are hereby amended to
include the territory described in "Exhibit A," and shown in "Exhibit B," which is within the
extraterritorial jurisdiction, not part of the incorporated area of any jurisdiction, and adjacent to the
city limits of the City of Georgetown, Texas in Williamson County, Texas, and said territory is
hereby annexed into the City for full purposes.
Section 4. The area described in "Exhibit A", and shown in "Exhibit B", of this ordinance, is
included in City Council District 5, as described in Ordinance 2011-37 at such time as Ordinance
2011-37 receives preclearance from the United States Department of Justice and becomes effective.
2011 Annexation Area 11 Ordinance No. alp 11-
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Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 6. 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 7. 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 on December 31, 2011, in
accordance with the provisions of the Charter of the City of Georgetown.
Passed and Approved on First Reading on the 151h day of November, 2011.
Passed and Approved on Second Reading on the 1.31h day of December, 2011.
Attest: The City of Georgetown:
.117
Je si a Brettle Georg arver
0 Secretary Mayor
Approved as to form:
r
Bridget Chapmn
Acting City Attorney
2011 Annexation Area 11 Ordinance No.
Page 3 of 3
Annexation Area #11
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0 380 760 Area #11
EST. 1848 •
GEORGETOWN m Streams
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TEXAS ~a City Limits
Exhibit B
DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA 2011-11
Beginning at the most easterly corner of Lot 1, Block A, HEK Business Park, a subdivision
recorded in Cabinet X, Slide 335 of the Plat Records of Williamson County, Texas, same
being on an angle point in the westerly boundary line of City of Georgetown Annexation
No. 97-32, same being on an angle point in the westerly boundary line of Lot 1, Block A,
Final Plat of The Oaks at Wildwood, a subdivision recorded in Cabinet CC, Slide 262 of
the Plat Records of Williamson County, Texas, for the southeast corner and POINT OF
BEGINNING hereof;
THENCE proceeding in a southwesterly direction with the southerly boundary line of said
Lot 1, Block A, HEK Business Park, same being with the westerly boundary line of said
City of Georgetown Annexation No. 97-32, and in part with the westerly boundary line of
said Lot 1, Block A, Final Plat of The Oaks at Wildwood, and in part with the northerly
boundary line of the southwest remnant portion of a 226,68 acre tract of land conveyed to
Campbell-Georgetown #1 Limited Partnership as described in Volume 1678, Page 009 of
the Official Records of Williamson County, Texas, to a point in the easterly boundary line
of City of Georgetown Annexation No, 95-12, for the southwest corner hereof;
THENCE proceeding in a northwesterly direction with the easterly boundary line of said
City of Georgetown Annexation No. 95-12, same being through the interior of said Lot 1,
Block A. HEK Business Park, to a point in the northerly boundary line of said Lot 1, Block
A, HEK Business Park, same being on a point in the southerly boundary line of the 9.56
acre tract of land conveyed to Kenneth Glass as described in Volume 592, Page 772 of the
Deed Records of Williamson County, Texas;
THENCE continuing in a northwesterly direction with the easterly boundary line of said
City of Georgetown Annexation No. 95-12, same being through the interior of said 9.56
acre Glass tract, to a point in the northerly boundary line of said 9,56 acre Glass tract, same
being on a point in the southerly boundary line of the 15.252 acre tract of land conveyed to
Leora McNeil as described in Document No. 2003032555 of the Official Public Records of
Williamson County, Texas;
THENCE continuing in a northwesterly direction with the easterly boundary line of said
City of Georgetown Annexation No, 95-12, same being through the interior of said 15.252
acre McNeil tract, to an angle point in the northerly boundary line of said 15.252 acre
McNeil tract, same being on the southwest corner of that certain 0.198 acre save and
except cemetery tract as described in said Document No. 2003032555;
THENCE proceeding in easterly direction with the easterly boundary line of said City of
Georgetown Annexation No. 95-12, same being with the northerly boundary line of said
15.252 acre McNeil tract, same being with the southerly boundary line of said 0.198 acre
save and except cemetery tract, to the southeast corner of said 0.198 acre save and except
cemetery tract;
1
Exhibit B
THENCE proceeding in northerly direction with the easterly boundary line of said City of
Georgetown Annexation No. 95-12, same being with the northerly boundary line of said
15.252 acre McNeil tract, same being with the easterly boundary line of said 0.198 acre
save and except cemetery tract, to the northeast corner of said 0.198 acre save and except
cemetery tract;
THENCE proceeding in westerly direction with the easterly boundary line of said City of
Georgetown Annexation No. 95-12, same being with the northerly boundary line of said
15.252 acre McNeil tract, same being in part with the northerly boundary line of said 0.198
acre save and except cemetery tract, and in part with the northerly boundary line of the
0.27 acre save and except road way tract as described in said Document No. 2003032555,
to an angle point in the northerly boundary line of said 0.27 acre save and except road way
tract, same being on an angle point in the northerly boundary line of said 15.252 acre
McNeil tract;
THENCE proceeding in southwesterly direction with the easterly boundary line of said
City of Georgetown Annexation No. 95-12, same being with the northerly boundary line of
said 15.252 acre McNeil tract, same being with the northerly boundary line of said 0.27
acre save and except roadway tract, to a point on the easterly corner of the calculated 5.22
acre tract of land conveyed to Jacqueline E. Richardson Living Trust, Larry Richardson,
Trustee as described in Document No. 2007026956 of the Official Public Records of
Williamson County, Texas, same being on the southwest corner of the 9.48 acre tract of
land conveyed to James H. Jacobs, Trustee of the James H. Jacobs 2002 Trust as described
in Document No. 2006070080 of the Official Public Records of Williamson County,
Texas;
THENCE proceeding in northwesterly direction with the easterly boundary line of said
City of Georgetown Annexation No. 95-12, same being with the easterly boundary line of
said calculated 5.22 acre Richardson tract, same being with the westerly boundary line of
said 9.48 acre Jacobs tract, to the north corner of said calculated 5.22 acre Richardson
tract, same being the northwest corner of said 9.48 acre Jacobs tract, same being on a point
in the southerly boundary line of Lot 4, Block B, Final Plat Gabriel Estates, a subdivision
recorded in Cabinet G, Slide 313 of the Plat Records of Williamson County, Texas, same
being on a point in the southerly boundary line of said Final Plat Gabriel Estates, for the
northwest corner hereof;
THENCE departing the easterly boundary line of said City of Georgetown Annexation No.
95-12, proceeding in a easterly direction with the northerly boundary line of said 9.48 acre
Jacobs tract, same being with the southerly boundary line of said Final Plat Gabriel
Estates, to a point on the westerly boundary line of aforementioned City of Georgetown
Annexation No. 97-32, same being on the southeast corner of said Final Plat Gabriel
Estates, same being the southeast corner of Lot 1, Block C, of said Final Plat Gabriel
2
Exhibit B
Estates, same being on the northeast corner of said 9.48 Jacobs tract, same being on a point
of the remnant portion of a 118.94 acre tract of land conveyed to Shell Road Land
Company, LTD., as described in Document No. 2003030257 of the Official Public
Records of Williamson County, Texas, for the northeast corner hereof,
THENCE proceeding in a southerly direction with the westerly boundary line of said City
of Georgetown Annexation No. 97-32, in part with the easterly boundary lines of said 9.48
acre Jacobs tract, and said 15.252 acre McNeil tract, and said 9.56 acre Glass tract, and
said Lot 1, Block A, HEK Business Park, and in part with the westerly boundary lines of
said remnant portion of the 118.94 acre Shell Road Land Company, LTD. tract, and said
Lot 1, Block A, Final Plat of the Oaks At Wildwood, to the POINT OF BEGINNING
hereof,
This document was prepared under 22 §TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
DIAMOND SURVEYING, INC.
116 SKYLINE ROAD, GEORGETOWN, TX 78628 F T
(512} 931-3100 ~Q~ ~'RFF~v
SHANE SHAFER
October 26, 2011 ~'•;P 5281 P: 4
SHANE SHAFER, R.P. .S. NO. 5281 DATE ~'ti~ FFSS`°~~~~
Annexation Area 2011-11 SNR~
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: 11
DATE: DECEMBER 31 2011
1. INTRODUCTION
This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections
43.056(b)-(o); 43.065, of the Texas Local Government Code (LGC). This Plan relates to the
annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan,
which has sometimes been referred to as "2011 Annexation Area 11." 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 11, 2011, and October 25, 2011, 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 a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III. INTENT
It is the intent of the City that municipal services under this Plan shall provide municipal
services in accordance with the timetables required by the LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1) available
to the annexed area immediately upon annexation; (2) those services which will be available to
the annexed area within 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,
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.
Annexation Service Plan - 2011 Area 11
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In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
V. SERVICES TO BE PROVIDED UPON ANNEXATION
1. Police Protection -Upon annexation, the Georgetown Police Department will extend
regular and routine patrols to the area.
2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of: fire
suppression and rescue; emergency response to 9-1-1 calls; fire prevention education
efforts, and other duties and services provided by the Georgetown Fire Department
to areas within the City limits.
3. Solid Waste Collection - Upon annexation, for occupied structures, the City will
provide solid waste collection services to the annexed area in accordance with City
ordinances and policies in effect on the date of the annexation. However, per the
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility - City-
owned water and wastewater facilities that exist in the annexed area will be
maintained upon annexation and such maintenance shall be governed by the City's
ordinances, standards, policies and procedures. Per the provisions of Section 13.01.
020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed
area, the City shall not repair, maintain, install or provide any public utilities or
services in any subdivision for which a Final Plat has not been approved and filed for
record, nor in which the standards contained in the UDC or referred to therein have
not been complied with in full.
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
Annexation Service Plan - 2011 Area 11
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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 1.3.01.020 of the UDC, for unplatted tracts in the annexed
area, the City shall not repair, maintain, install or provide any streets or street lighting
to any subdivision for which a Final Plat has not been approved and filed for record,
nor in which the standards contained in the UDC or referred to therein have not been
complied with in full. With regard to street lighting, it is the policy of the City of
Georgetown that adequate street lighting for the protection of the public and property
be installed in all new subdivisions. Installation procedures and acceptable standards
for street lights shall be governed by the utility standards of the City in effect at the
time of subdivision construction or addition thereto.
6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance with
the Section 12.20 of the City Code of Ordinances, and other applicable ordinances,
policies, and procedures in effect at the time of annexation for other areas in the City
limits. Privately owned parks, playgrounds, and pools will be unaffected by the
annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
- Should the City acquire any buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
8. Library - Upon annexation, library privileges will be available to anyone residing in
the annexed area.
9. Planning and Development; Building Permits and Inspections - Upon annexation,
the City's Unified Development Code and Title 15 of the City Code of Ordinances
will apply in the area. These services include: site plan review, zoning approvals,
Building Code and other standard Code inspection services and City Code
enforcement; sign regulations and permits; and Stormwater Permit services. For a
full description of these services, see the City's Unified Development Code and Title
15 of the City Code of Ordinances.
10. Animal Control Services - The provisions of Chapter 7 of the City Code of
Ordinances relating to animal control services shall apply in the annexed area.
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
Annexation Service Plan - 2011 Area 11
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Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses;
and Alcoholic Beverages) shall apply in the annexed area.
12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of
Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks;
Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in
Public 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 ANNEXATIONS CAPITAL IMPROVEMENTS
PROGRAM
1. In General - The City will initiate the construction of capital improvements necessary for
providing municipal services for the annexation area as necessary for services that are
provided directly by the City.
2. Water and Wastewater Services- Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas. Further,
existing residences in the annexed area that were served by a functioning onsite sewer
system (septic system) shall continue to use such private system for wastewater services
in conformance with the provisions of Section 13.20 of the City Code of Ordinances.
Existing non-residential establishments in the annexed area may continue to use an onsite
sewer system (septic system) for sewage disposal in conformance with the provisions of
Section 13.20 of the City Code of Ordinances. Upon the Development of any property in
the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall
have no obligation to extend water or wastewater service to any part of the annexed area
that is within the service area of another water or wastewater utility. For annexed areas
located within the City's authorized service areas, the City shall, subject to the terms and
conditions of this Plan, extend water and wastewater service in accordance with the
service extension ordinances, policies, and standards that are summarized in Section X of
this Plan, which may require that the property owner or developer of a newly developed
tract install water and wastewater lines. The extension of water and wastewater services
will be provided in accordance with any applicable construction and design standards
manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - 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
Annexation Service Plan - 2011 Area 11
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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
l/2 years from the effective date of annexation and will be substantially complete within 4
'/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 Plan; the City's regular or non-impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the property owner or developer install roads and streets at the
property owner's or developer's expense. It is anticipated that the developer of new
subdivisions in the area will install street lighting in accordance with the City's standard
policies and procedures. Provision of street lighting will be in accordance with the City's
street lighting policies.
5. Capital Improvements for Other Municipal Services - No capital improvements are
necessary at this time to provide municipal Police; Fire Protection; Emergency Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public
Buildings or Facilities; or Library Services. The annexed area will be included in the
City's future planning for new or expanded capital improvements and evaluated on the
same basis and in accordance with the same standards as similarly situated areas of the
city.
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City, whether similar to those enumerated or
otherwise, which are not within the control of the City. Any deadlines or other
provisions of this Plan that are affected by a Force Majeure Event shall be automatically
extended to account for delays caused by such Force Majeure Event.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is
Annexation Service Plan - 2011 Area 11
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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. 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.
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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 no ease less than one-half mile
away, and connection to the system is both possible and permissible (including
adequate system capacity), the subdivider shall be required to bear the cost of
connecting the subdivision to such existing sanitary sewer system. Where an
approved public wastewater collection main or outfall line is more than one-half mile
away from the property boundary, and where extension of a sanitary sewer collection
main or outfall line is scheduled in the City's Capital Improvements Plan to be
completed to a point within one-half mile of the property boundary within five (5)
years from the date of the Preliminary Plat approval, the subdivider shall be required
to install a public wastewater collection system. The design and construction of a
public sanitary sewer system shall comply with regulations covering extension of
public sanitary sewer systems adopted by the Texas Commission on Environmental
Quality.
E. All infrastructure and public improvements must be designed and installed in
accordance with all of the elements of the Comprehensive Plan and shall meet the
minimum requirements established by the UDC, the City's Construction Standards
and Specifications for Roads, Streets, Structures and Utilities, and any other adopted
City design or technical criteria. No main water line extension shall be less than eight
inches. All new public sanitary sewer systems shall be designed and constructed to
conform with the City's Construction Standards and Specifications and to operate on
a gravity flow basis by taking advantage of natural topographic conditions and
thereby reducing the need for lift stations and force mains.
2. If the specific undeveloped property does not have City water or wastewater facilities
and capacity fronting the property - the owner may make an application for an
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extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, if
the proposed facilities are depicted on the City's Water and Wastewater Master Plans,
and the requested service otherwise meets the City's requirements, the extension size,
capacity, and routing may be approved by the Assistant City Manager for Utilities for
construction by the developer at the developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property - the owner may receive water or
wastewater service from the City by applying for a tap permit and paying the required
fees.
4. If any property in the annexed area is using a septic system - the property owner
remains responsible for the operation and maintenance of the septic system. If the
property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is
a legal lot greater than one acre in size and used for single family residential purposes,
the property shall continue the use of a septic system after annexation until such time
that the use of the property changes, the property is further subdivided or developed, or
a public sanitary sewer line has been extended to within 200 feet of the property
boundary and the property owner has received notification from the City of the City's
desire for the property to be connected to the public sanitary sewer line. If the septic
system fails before the City's centralized wastewater service is extended to within 200
feet of the property and the City determines that the provision of centralized wastewater
service is not feasible or practical at that time, then the property owner must either repair
or replace the septic system in accordance with the provisions of Section 13.20 of the City
Code of Ordinances. Properties using a septic system that are not in a Rural Residential
Subdivision, or are not legal lots greater than one acre in size and used for single family
residential purposes at the time of annexation, but that are designated as either
residential, open space or agricultural on the City's Future Land Use Plan shall continue
the use of a septic system until such time that the use of the property changes, the
property is further subdivided or developed, or a public sanitary sewer line has been
extended to within 200 feet of the property boundary and the property owner has
received notification from the City of the City's desire for the property to be connected to
the public sanitary sewer line.
5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of the
UDC, the City, in its sole discretion and with City Council approval, may participate with
a property owner or developer in the cost of oversized facilities or line extensions. The
actual calculation of the cost participation and reimbursement amounts, including limits
and schedules for the payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
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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 Timing.
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.
C. Projects should begin the design phase when existing demand at a specific location
exceeds 75% of current capacity and future demand is expected to exceed the current
total capacity.
D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as stated in
the approved Service Plan for such annexed tracts.
Section 13.10.040 Project Financing.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by the
subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms
of Section 13.09 of the Unified Development Code or other applicable law.
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B. When utility expansion is requested within a portion of the City's utility service area,
but the City is not otherwise required to provide service or planning to provide service
as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the
City's sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service area,
the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2)
maximizes the provision of service to the service area, 3) enhances economic
development, 4) improves system operations, 5) contributes to conservation or other
environmental concern, and 6) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at
a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
Sec. 13.20.010. General.
A. It is unlawful for any owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish, maintain
or use any water closet, bathtub, lavatory or sink except by one of the following means
and consistent with the other terms, conditions and requirements of this Chapter and
with the City's Unified Development Code:
1. Connection to an approved Onsite Sewage Facility that is constructed and
maintained in accordance with the rules and regulations of all appropriate
state and local agencies having jurisdiction over such facilities; or
2. Connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
Sec. 13.20.020. On Site Sewage Facilities.
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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 § 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
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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 the
sewer system in the building and the service lateral between the building and the point
of connection into the public sewer main.
B. For properties with low pressure service, the property owner and utility customer shall
be responsible for the proper operation, maintenance, and repairs of the sewer system
in the building and the service lateral, lift station (grinder pump) and force main
between the building and the point of connection into the public sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a private service
lateral or force main where a repair is necessary to prevent infiltration or inflow, the
property owner and utility customer shall be responsible to cause the repairs to be
made within one (1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City, City may
engage the services of a contractor to make the necessary repairs with the costs for
such repairs to be paid by the City and subsequently charged to property owner and
utility customer.
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