HomeMy WebLinkAboutORD 2009-30 - ANX Sun City Softball FieldOrdinance 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 0.73 acres, more or less, in the Burrel
Eaves Survey, Abstract 229, as described in Exhibit A of this Ordinance which
said territory lies adjacent to and ad)oins 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 of
said City, Section 1.06, annex areas as allowed. by State lave; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in writing;
requesting; annexation of the area; and
WHEREAS, the petition described the area by ;metes and bounds and was acknowledged in
the manner required for deeds by each person having an interest in the areae and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of tile landowner if specific criteria are net,and
WHEREAS, the area proposed for annexation is one~ha.lf mile or less in width, are
contiguous to the City limits of the City of Geor etown, and are vacant and without residents or
have fewer 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 procedures for
init al zoning of newly annexed territory; and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
(larch 1 Q,' 2009; and
WHEREAS, the Georgetown City Council conducted public hearings on the proposed
annexation on Mar li 10 2009 and March 24, 2009; and
WHEREAS, all of the herein-descrilDed 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
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A nnexat'lon of Sun City Softball Field
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 . 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 coded verbatim. The City Council hereby .finds that this ordinance
implements the following Vision Statements, Goals and. Policies of the 2030 Comprehensive Flan:
Goal 3: Provide a development framework for the fringe that guides sond, 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.
l'ola` v, St€ateivent 3,B. Establish criteria, targets and timetablesfor the annexation of
uninCor��or ated "` pockets " into the citv;`
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: 0.73 acres, more or
less, in the l carrel Eaves Survey, Abstract 229, as described in Exhibit'A of this ordinance, as shown
in Exhibit B of this ordinance, Exhibit C contains the service plan.
Section 3. The ; 0.73 acres, more or less, in the Burrel Eaves Survey, abstract 229, as
described in Exhibit A of this ordinance, is included in City Council District 4, as it is adjacent to
Council District 4 and no other City Council Districts:
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Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any farce and effect.
Section 5. if any prevision of this ordinance or; application thereof to any person or
circumstance, shall be held invalid., such invalidity shall not affect the other provisions, o
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.'
Ordinance No. gage 2 of 3
nnexation of Sun Cluj Softball Field
Section 6. 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 Carter of the City of Georgetown,
Passed and Approved on First Reading on the 1411, day of April, 2009.
Massed and Approved on Second Readin on the y
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Attest: The City of Georgetown:
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Approved as to form,
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Ori dinance,No, Page 3 of 3
Annexation of Sun CiSoftball Field
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Exhibit
CITE' OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA* SUN CITY SOFTBALL PARK
COUNCIL DISTRICT No.
TE. APRIL 24, 200
L INTRODUCTION
Del Webb Texas Limited Partnership, as successor in interest to Leel E. Webb Development Co.,
L.P. ("Del Webb"), and the City are parties to that certain. Development Agreement Concerning
Proposed Subdivision and. Construction of Master Planned Community by Leel, E. Webb
Development Co., 'LLP dated February 14, 1995, and amended by the First Amendment to
Development Agreement dated December 12., 1995, Second Amendment to Development
Agreement dated September 23, 1997, Third Amendment to Development Agreement dated
November 10, 2995; Fourth Amendment to Development Agreement dated September 28, 1999;
Fifth Amendment to Development Agreement dated May 24, 2000, Sixth. Amendment to
Development Agreement elated February 27, 2001, Seventh. Amendment to Development
Agreement dated. June 1, 2003; and Eighth Amendment approved by the Georgetown City
Council on :march 28, 2006 collectively, the "Development Agreement").
This Service Plan (the "Plan„) is made by the City of Georgetown, Texas ("City") pursuant t
Sections 403.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code ("LGC")'.
Thi, flan relates to the annexation into the City of the land shown on Exhibit "A" to this Service
Plan, which has sometimes leen referred to as 'Sun City Softball Park". 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 March 10, 2009, and Larch 24, 2009, in accordance with Section
43.0156(I) of the LG.
NOTE* This armexation was initiated by the petition or request of the owners of land i the
annexed area. As is stated in Section 43.05(e) of the Texas Local Government Code, the
requirement that construction of capital improvements rust be substantially completed within
the period provided in this service plan does not apply o a development project or proposed.
development project within zui area annexed at the request or on the petition of the landowner
when the City and the landowners agree in writing that the development project within that
area, because of its size or projected manner of development by the developer, is not reasonably
expected to be completed within that period. The Development Agreement shall control the
sch..dule of the provision of municipal services for the areas. To the extent that there is a
conflict between this Service Man and. the Development Agreement, the Development
Agreement shall control,
Annexation Service Plank Sun City Softball Park
Pacyc 1 of 13
IL TERM OF SERVICE PLAT
Pursuant to Section 43.056(1) of the LLC, 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
Flan shall be at the discretion of the City Council and must be accomplished y 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 L C. The City reservesthe rights
guaranteed to it by the LC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
L C or other 'texas laws that male this Flan unworkable, obsolete,; or unlawful.
IVV CATEGORIZATION CSF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1)
available to the annexed area immediately upon art exation (2) those services which will be
available to the anriexed 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 gears from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth. herei�i
For the purposes of this Plan, "provision of services" includes having services provided by any
rne,l od 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 ,�AThole or in part, and may include
duties on the part of a private landowner with regardreorard to such services.
In addition, in accordance with Section 43:056(g) of the LC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance thai- 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 tl,e 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 the annexed area.
VSERVICES To BE PROVIDED UPON ANNEXATION
L Police Protection.' -Up n annexation, the Georgetown Police Department will extend
regular and routine patrols to the area,
20 :dire Protection and Emergency Medical Services- Ton annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
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or a contract 'under which the City provides such services, the City of Georgetown
Annexation Service Ilan Sun City Softball Park
Page ') of 13
Fire Department will provide response services m, the annexed area consisting of:
fire suppression and rescue, emergency response to 9-1®1 calls; fire prevention
education efforts,` and ether duties and services provided by the Georgetown Fire
Department to areas within the City limits.
30 Solid Waste Collection — Upon annexation, for occupied structures, the City, will
provide solid waste collection services to the annexed area in accordance with Citv
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ordinances and policies iri effect on the elate of the annexation. However, per the
terns of Sections 43,056(n) and (o) of the LGC, if aproperty 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 Fater and Wastewater Facilities it 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 neat repair, rnaii�tairJ install or prcavid any pudic utilities or
services in any subdivision for which a Final Flat has not been approved and. filed
for record, near in which the standards contained in the ITC or referred to there:
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 pu he streets and reads iii 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
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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 of
street liahtincy 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 irl all new subdivisions. Installation procedures
and acceptable standards for sheet 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
Annexation Service Flan Sup City Softball Park
Pacre 3 of 1.3
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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/ ances and other applicable
ordinances, polices, 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 anio exation 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 thee.
Library - Upon annexation, librar�T privileges will be available to anyone residing in
the annexed area.,
9V Planning and Development Services; Building Permits and Inspections - Upon
annexation, the City's Unified Development Code and Title 15 cif the City Code of
Ordinances will apply in the area. These services include: site plan review, zoning
approvals, Building Code and other standard Cade inspection services and Cite
Code enforcement, sign rec,ulations' and permits; and. for water P rrnit services.
For a full description of these services, see the City's Unified Development Code and..
Title 15 of the City Code of Ordinances.
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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.
114 Business Licenses and regulations'— The provisions of Chapter 6 of the City Code
of Ordinances relatimx, to business licenses and regulations (Carnivals Circuses and
Other Exhibitions; Electrician`s Licenses; Cross Receipts Charge or Street Dental;
Meddlers and Solicitors; Taxicabs, Buses and Other Vehicles for moire; Horse Drawn
Carriages and other Non-Motorized vehicles for Hire; Sexually OrientedBusinesses;
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 (lire prevention Code;
Fireworks; FoodSanitation; poise Control;Nuisances; Junked Motor Vehicles; and
mokinor in Public places) shall apply in the annexed area.
13. :regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9
of the Citv Code of Ordinance relating to peace, morals and. welfare (1- ousmn
Discrimination; Weapons*and Enforcement of Other Miscellaneous iolations" shall
apply in the annexed area.,
Annexation Service Plan Sun. City Softball Park
Page 4 of 13
VI, SERVICES TO BE PROVIDED WITHIN 41/2 YEARS OF ANNEXATION; PITAL IMPROVEMENTS
OVEI ENTS
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 Cite. ,
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 waste'w'ater
services in conformance with the provisions of Section 13.20 of the Cit�r Code of
Ordinances, Existing non -,residential establishments ixt 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 Cade of Ordinances. Upon the Development
of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shah 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 Cit 7
shall, subject to the terns and conditions of this Plan, extend: water and wastewater
service in accordance with the service extension ordinances, policies, and standards that
are summarized in Sectio -n X of this Plan, which may require that the property owner or
developer of a neNATh developed tract install water and wastewater lees. The extension
of `water and wastewater services' will be provided in. accordance with the policies
summarized in Section X of this Ilan and with any applicable construction and design
standards manuals ad opted by the City.
3. eater and Wastewater Capital Improvements Sch.ed. le — Because cif the time required
to design and construct the necessary' water and wastewater facilities to servethe
annexed area, certain services cannot be reasonably provided within 21/2 vears of the
effective date of annexation. Wherefore, in accordance with Sections 43.065(b) and e) of
the LC C, the City shall implement a program, which will be initiated after the effective
date of the art exation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area, The
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following schedule for improvements is proposed: construction will commence within
1/z vears from the effective date of ani-exation and will be substantially complete within 4
1/n vears from the effective 'date of annexation, However, the provisions of Section VII of
this flan shall apple 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,
Annexatio; Service Plan 4 Sten City Softball Park
4. cads and Streets - o read 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 Flan, 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,
D. Capital Improvements for Cather Municipal Services - No capital improvements are
necessary at this time to provide municipal polio; Fire Protectiom Emergency Medical
Services; Solid Waste Collection, public Parks, Playgrounds, or Swimming Fools; Public
Buildings or Facilities; or Library Services, The annexed area will be included in the
City's future plane ing for new or expanded capital improvements and evaluated ori the
same basis and in accordance with the same standards as similarly situated areas of the
City
VII, FORCE MAJEURE AND SCHEDULE EXTENSIONS
, Certain everts, described as Farce Majeure eure Events in this flan, are those over which the
Cite leas no control. Force Ia'eure Events shall include, but not be limited to, acts of God;
terrorism. or arts of a public enemy; afar; blockages, riots, strikes, epidemics, farces of mature
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, An r deadlines or other provisions of this Ilanthat are affected by a
Force Majeure >Event shall be automatically extended to account for delays caused by such Force
Ma eure Event.
In accordance with Section 43.5(e) of the LCC, this Flan 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
Cit -v does not violate this Ilan if the construction process is interrupted for any reason b
circumstances beyond the direct control of the City,
III.' AMENDMENTS
Pursuant to the provisions of Section 43.05G(k) of the LCC, on approval by the City Council, the
Ilan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGCa provides that if the City Council determines, after public
Annexation Service Plait Sun City Softball Park
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hearings, that changed conditions or subsequent occurrences snake the Plan unworkable or
obsolete, the City Council may amend the Ilan to conform to the charged conditions or
subsequent occurrences`. An ajnended Ilan must provide for services that are comparable to or
better than those established in the Ilan before amendment. Before any Man amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held ill the manner provided by Section 43.0561 of the `I GC.
I. FEES
The City may repose a fee for any municipal service in the area annexed if the same type of fee
is unposed 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.
SUMMARY CSE CURRENT' WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section43.056(e) of the L C, the following summary is provided
regi 'inog the City`s current service extension policies for water and wastewater service.
However, this is a surnmary of the current policies, and the policies and regulations' related to
water and wastewater u.tilityT 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
tirn-a to time, shall control the extension of water and wastewater services to the a mexed area,
In addition, these policies and ordinances are set by City Council and can be mended in the
ft ture:
In General -- The provisions of Chapter 13 of the Cityr`s Unified Development Code
" DIC" shall apply 111 the annexed area and Chapter 13 of the 'itl
7 Code of Ordinances.
Portions of the current Chapter 13 of the UDC and the current Cliapter 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.
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 wage consistent
with the Comprehensive Ilan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision; but in no case
.ess than one-quarter mile away, and connection to the system is both possible
Annexa4fton Service elan Sun City Softball Parl<
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and permissible (including adequatesystem capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing water
supple, Tl'ie subdivider shall, consistent with all existing ordinances, make a pro-
rata 'contribution to funding of needed storage facilities, treatment facilities, and
specific distribution lees as determined necessary by the City,
Do Subdividers shall be responsible for providing an approved public sanitary
sewer system; consistent with the Comprehensive' Plan, throughout the entire
subdivision such that all lets, parols, or tracts of land will be capable of
cozu ecting to the sanitary sewer system except as otherwise provided herein,
Where an approved public sanitary sewer collection main or outfall line is R
ewe `less than one-half mile away, and connection to the system is both passible
and ;permissible (including adequate system capacity), the subdivider shall be
required to bear the cast of connecting the subdivision to such exisog sanitary
sewer system.' Where an approved public wastewater collection main or outfall
line is more than Cine -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 Flan to be completed to a point within one-half
mile of the property boundary within `five (5) years from the date of the
Preliminary flat 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 Qualit 7.
Es All infrastructure and public improvements must be designed and installed i
accordance with all of the elements of the Comprehensive flan and shall meet
the minimum requirements established by the UDC, the City's Construction
Standards and Specifications for loads, Streets, Strictures and. Utilities, and an
other adopted City design or technical criteria. leo main water line extension
shall be less than eight inches. All new public sanitary sewer systems shall be
designed'and constructed to confound with the City's Construction Standards and
:Specifications and to operate on a gravity flow basis by taking advantage o
natural topographic conditions and thereby, reducing the need for lift stations
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and force mains.
24 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 tanager .for Utilities
determines in writino- that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, i
the proposed facilities are depicted on the City's eater and. Wastewater Master flans,
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 cast and expense.
Annexation Service Plan Satz City Softball Park
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If the specific undeveloped property does have adequate City Nater or wastewater
facilities and capacity fronting the property - the owner may receive water or
wastewater se, vice from the City by applying for a tap permit and paying the reclfired
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 lural 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 CitT of the City's
desire for the property to be connected to the public sanitary sewer lizle. 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 o
the City Code of Ordi_nmaces. Properties using a septic system that are not a Rural
Residential Subdivision , or are not legal lotsgreater than one acre in size and used for
single family residential purposes at the time of annexation, but that are designated as
either reside] tial open space or agricultural on theCity's Future Land Use flan 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 sever line has been
extended to within 2200 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.
Reimbursement and cost participation by the City � Pursuant to Section 13.09.030 of
the UDC, the City, in its sale discretion and with Cit,7, Council approval, may participate
with a property owner or developer in the cast of oversized facilities or line extensions.
The actual calculation o the cost participation and reimbursement amounts, incluclM
limits and schedules for the payments, are set forth in the UDC.
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,
sysiern expansion, and plant capacity additions. In this Section, the tens "utility system'' shall.
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mean the City's water system. wastewater M, reuse irrigation system, and storm -water
drainage system,
Section 13.10.020 Svst laim <
The City shall maintain and periodically update systema 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 T Min ,
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.
. 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 becrin 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.
.' Projects should begin the construction phase when existing demandat 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.
F0 Projects required as a result of an annexation service plan shall be provided a
stated iii the approved Service Plan for such annexed tracts.
Section 1.3.10.040 Pro, ect Financing.
v Projects rewired 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.
& 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 cosi of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
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Ce 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 ether
environmental concem, and 6) facilitates the completion of the utility master plan.
I. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, ?) 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
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.
. 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 sane, to establish,
maintain or use any water closet, bathtub, lavatory or sinlr except by one of the
following means and consistent with the other teres, 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
?. connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B4 Upon the "Development" o prolaerty the provisions of Chapter 1 of the Unified
Developn ent Code (pertaining to Infrastructure and public Improvements) shall
govern the provision of wastewater service to the property, dor the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's, Unified Development C1ode,
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.
See. 3.2 .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.
B4 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
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property to said utility line at the earliest to occur of either of the fallowing events:
failure of the On Site Sewage Facility servicing the property, or the date that is five
) years after receipt of notice of the availability of a wastewater collection amain
within. 210 -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 life 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 agravity 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 l 3.1 O;
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
See. 13.1.0.030. Priories prohibited,
Tl -
1. un]awful for anyr owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
Seca 3.20.040 Low Pressure Sewers Systems
. . A"Low Pressure Sewers vstem." s an individual lift station located at each utility
customer or property owner location having a private ford main conriecting to a
public force rant car gravity main located in a public utility easement or public
right-of=way.
I3.' Each property owner and utility customer small be responsible for the cost of
installation and maintenance of the individual lin station and private force main,
Section 13.20.050. Prohibited Discharges Into Sewer S estem
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 ?`tanager, or his/her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13.24 of the Cade of Ordinances.
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Bv Any story water, groundwater, rainwater, street drainage, subsurface drainage, or
yard drainage,
C. Any unpolluted water, including, but not limited to, cooling water, process water
or blow�ddwn water from cooling towers or evaporative coolers;
Dt 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 th ouGh an approved service connection.
E. Any holding tank waste, provided, that such waste may be placed into facilities
desi fined to receive such wastes and approved by the City i anacrer, or his/her
designee.
Section 13.20.060eye este Maintenance
System
A* or 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 paint of connection into the pudic sewer main.
. 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 mal"between the building and the point of connection into the public
sewer main.
C. When, as a part of sever system testing, the City identifies a flaw in a private
service lateral of force main where a repair is necessary to prevent infiltration or
inflow, the property owner and utility customer shall be responsibleto cause the
repairs to be made within one I year of the date of notification by the City.
. 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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