HomeMy WebLinkAboutORD 2009-31 - ANX Sun City Softball ParkOrdinance 1.
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 7.47 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 adjoins the present boundary limit of the City of
Georgetown, `texas and not being a part of any incorporated area; providing for
service plays; repealing conflicting ordinances and resolutions; including
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 law; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
WHEREAS, petition described the area by metes and bounds and was acknowledged i
the manner required for deeds by each person having an interest in the area; and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of Cie landowner if specific criteria are met; and
WHEREAS, the area proposed. .for annexation is one-half mile or lessin width, are
con tiguo-s to the City limits of the Citi of Georgetown, 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
initial zoning of newly annexed territory; and
WHEREAS, EA.S, the Georgetown City Council approved a resolution granting the petition. on
March 10, 2009; and
WHEREAS, the Georgetown Cite Council conducted public hearings o the proposed
annexation on March 10. 2009 and March 2, 2009; and.
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction o
the City of Georgetown; Texas; and
' EREA.S, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas and
0? dinance No. boi4p st Pae 1 of 3
Annexation of Stn City Softball Par
? EREAS, all prerequisites of state law and the City Charter have been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that;
Section 1. The 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, Coals and Policies of the 2030 Comprehensive Plan:
Goal 3.v Provide a development framework for the fringe that guides sound, sustainably
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.
Police Statenient 3A Establish criteria, targets and timetables f r the annexation o
unincorporated ` ockrets „ into the cite:
and further finds that the enactment of this ordinance is not inconsistent or, in conflict with any
other 2030 Comprehensive Flan Vision Statements, Goals and :policies.
Section 2. The City Council of the City of Georgetown hereby annexes: 7.47 acres, more or
less, in the Burrel Eaves Survey, Abstract 229, as described in Exhibit'A of this ordinance, as shown
I n Exhibit B of this ordinance Exhibit C contains the service pian.
Section. 3, The : 7.4 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.
J
Section 4. All ordinances and resolutions, or ,parts of ordinances and resolutions, in conflict
rit1i this Ordinance are hereby repealed, and are no longer of any farce and effect.
Sectionl. 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.'
01; di ince No. 1'rzge 2 � f 3
Annexation of Sun City Softball Park
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 Charter of the City of Georgetown.
Massed and Approved on :first Reading on the 14th day of April, 2009.
Passed and Approved on Second Reading on the day of ' 2009.
Attest. The City of Geonyetown.
I Al
V VV k��
) e ica Ham n w° Gear rGarver
ity Secretary Mayor
Approved as to form.
Cite Attorney
Ordinance No. Page 3 of 3
nne.xation of Sun Citta Softball Park
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exhibit
CITY OF GEORGETOWN
ANNEXATION SER'V'ICE :ALAN
AREA*, SUN CITY SOFTBALL PAR
COUNCIL DISTRICTIdo.
DATE. APRIL 1. , 200
t INTRODUCTION
Del Webb Texas Limited partnership, as successor in interest to Del E. Webb Development Co.,
L.P, ("Del Webb"), and the City are parties to that certain Development Agreement Concerning
Proposed Subdivision and Construction of easter Planned Community by Del 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,'1998, Fourth Amendment to Development Agreement dated. September 28,'1999,
Fifth. Amendment to Development Agreement dated may 24, 2000, Sixth Amendment to
Development ' Agreement dated February 27, 2001; Seventh Amendment to Development
Agreement dated June 1, 2003; and Eighth Amendment approved by the Georgetown City
CO- ncil on March 28, 2006 (collectively, the "Development Agreement").
This Service Ilan (the "Ilan") is made by the Cite of Georgetown, Texas ("City"') pursuant to
Sections 4-3.056(b)-(o)r 43.062, and 43.052(h)(1) of the Texas Local Governrnent Cod ("L C").
This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service
Plan, which has sometimes been referred to a "Sun City Softball :dark". 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 0, 2009, and March 24, 2009, in accordance with Section.
43.056(j) of the LGCv.
OTE: This annexation was initiated by the petition or request of the owner of land in the
annexed area. As is Mated in Section 4.05(e) of the Texas Local' Government Code, the
requirement that construction of capital improvements must be substantially completed within
she period provided in 'this service plan. does not apply to a development -project o proposed
development project within an 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 rnarmer of development by the developer, is not reasonably
expected to be completed within that period. The Development' Agreement shall control the
schedule of the provision of municipal services for the areas. To the extent that there is a
conflict between this Service plan and the Development Agreement, the Development
Agreement shall control.
Annexation Service Plan Sun City Softball Park
Wage 1 of 2
TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) of the LGC, this Ilan 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 Ilan shall provide municipal
services in accordance with the timetables requiredby the LGC. The City reserves the rights
guaranteed to it by the LGC to amendd this flan 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 male this Ilan unworkable; obsolete, or unlawful.
CATEGORIZATION CIE'MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1)
available to the as hexed area immediately upon am exation (2) those services which will be
available to the annexed area within 2'/L Nears from the effective date of the ara eaationt and (
those services for which capital improvements are needed and which will be available within
41/� years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth. herein.
.dor the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and may 'include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part, and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(8) of the LGC, if before' annexation the annexed
area had a low=er level of services, infrastructure, and infrastructure maintenance than the same
Being provided by the City to other areas within the City limas, this flan 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.
vo SERVICES To BE PROVIDED UPON ANNEXATION
1. Police Protection -Upon annexation, the Georgetown Police Department will extend
regular and rout ie patrols to the area,
1 Fire Protection and Emergency :laical 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
Annexation Service Plan Sun City Softball Park
Page 2 of 1
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergence 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,
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
terries of Sections 43.056(n) and (o) of the LGC, if a property owner chooses t
continue to use the services of a privately owned solid wash 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 xArastewater facilitiesthat exist in. the annexed area will be
maintained upon aiunexation and such maintenance shall be governed by the City's
ordinances, standards,' policies and procedures, per the provisions of Section 13.01.
0120 of the Unified Development Code ("UDC"'), for unplatted tracts An the armexed
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.
0; Operation and Maintenance of Streets, Roads, and Street Lighting - The Cite will
provide preventative maintenance of the existing public streets and roads in the
annexed' area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring;
crack seal, sealcoat, slurry seal, and PM overlay, and other routine repair. The City
shall not maintain private roads in the annexed. area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included ire the City's preventative maintenance program'.
Per the ; provisions of Section 13.031.020 of the UDC, for unplatted tracts in the
annexed area, the Cite shall not repair, maintain, *install or provide any streets or
strut lighting to any subdivision for which a Final Flat 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 fighting for the protection of
the 'public and property De '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
.Annexation Service Plan Sun City Softball Dark
Page 3 of 13
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.2 } of the Cite Code of Ordinances; and other applicable
ordinances, policies, and procedures in effect at the time of annexation for ether
areas in the City limits. Privately awned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the Cavity.
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, library privileges will be available to anyone residing in
the annexed area.
94 Planning and Development Services; Building Permits and Inspections - Upon
annexation, the City'sUnified Development Code' and Title 15 of the City Code of
Ordinances will apply in the area. 'hese services'mclude: site plan review, zoning
approvals, Building Code and other standard Code inspection services and City
Code enforcement, sign regulations and permits; and Stonwater 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; Gr ass Receipts Charge or Street Rental;
Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Draw
Carriages and other ?`ion -Motorized Vehicles .for :dire; Sexually Oriented Businesses;
and Alcoholic Beverages) shall apple in the annexed area.
12. Health. and Safety Regulations — The provisions of Chapter S of the CuiT Code of
Ordinance relating to health and safety regulations (Fire Prevention Code;
Fireworks; FoodSanitation; Noise Control; Nuisances; ,dunked Motor Vehicles; and
Smoking i t public Places) shall apply in the annexed area.
1. 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 Cather Miscellaneous Violations) shall
apply i t the annexed area.
Annexation Service Man Sun City= Softball Pail
Page 4 cif 13
VI. SERVICES TO BE PROVIDED WITHIN 41/`a YEARS CSE ANNEXATION; API`rAL IMPROVEMENTS
TTS
PROGRAM
1. In General - The City will initiate the construction of capital improvements necessary
for providing municipal services for the amiexation area as necessary for services that
are provided directly by the City.
2. Water and Wastewater Services— Nater 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 systems (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 Imay 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 n the annexed area, the provisions of Chapter 13 of the TLC shall
apply. The City shall have no obligation to extend grater 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 terns and conditions of this Ilan, 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 newlNY developed trace: install water and wastewater lines, The extension
of water and wcastewater� services will be provided in accordance with the policies
summarized i�l Section X of this Ilan and with any applicable construction and design
standards manuals adopted bN? the City.
3. Water and Wastewater Capital Improvements Schedule —'Because of the time required
to desicyn and construct the necessary water and wastewater facilities to ' serve the
annexed area, certain services cannot be reasonably provided within 2�/2 years of the
effective date of annexation. Therefore, ;in accordance' with Sections 43.05(b) and '(e) o
the L,GC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing eater and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
3/z Nears 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 Ilan shall apply to the schedule for completion of all capital improvements. In
addition-€, the acquisition or construction of the i�prove�nents 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.
Annexation Service Plan Sun Citi, softball Park
'age 5) of 1
4, Loads and Streets - No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City'sComprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Ilan; 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.
Capital Improvements for Other Municipal Services -- No capital improvements are
necessary at this time to provide municipal Police; Fire :protection; Emergency Medical
Services; Solid haste 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
Ci 3fT
VII, FORCE MA. EURE AND SCHEDULE EXTENSIONS
Certain events; described as Force Majeure Events in this Ilan., are those over which the
C✓it r has no control. Foye Mac re Events shall include, but not be limited to, acts o Cod,
terrorism or acts of a pltiolk enemy; war, blockages; riots, stakes, epidemics, forces of nature
includ ng, landslid 2is, lip"Itenin ; earthquakes, fires, storms, floods, washouts, droughts;
tornadoes, hurricanes; arrest' and restraint of government; explosions; collisions, and all ether
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 Ilan that are affected by
Force Majeure 'Event shall be automatically extended to account for delays caused by such Ford
Ma'etare Event.
21 In accordance with Section 430.056(e) of the LC C, this Flan and the schedules for capital
improvements necessary to provide Bill municipal services to the annexed area may be
amended ded �y 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
Citv does not violate this Ilan if the construction process is interruptedfor any reason by
circumstances beyond the direct control of the Cit 7.
VIII, AMENDMENTS
Pursuant to the provisions of Section 43.0:5(k) of the LCC, 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 LCC provides that i the City Council determines, after public
Annexation Service Plan Sun City Softball Park
Pacre 6 of 113
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Flan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
letter than those established iri the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunityfor interested persons to be heard at
public hearings called and Feld 111 the manner provided by Section 43.0561 of the LGC.
1. FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
Is Eliused 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 OF CURRENT WATER AND STE ATER SERVICE EXTENSION POLICIES
Per the requirements of Section' 43.055(e) of the LCC, the following summary is provided
r egar ding the City's current service extension policies for Nater and wastewater service.
However, this is a summary of the current policies, and the policies and regulations related to
grater and wastewater utility extensions that are included. in the City Cade of Ordinances, the
Unified Development Code, the Cry's Construction and Specifications Manual; Drainage
Ma. ual, and other published policies and tecl-m cal manuals, as the same may be amended from
time to time snail control the extension of eater and wastewater services to the annexed' area.
In adclition, these policies and ordinances are set by City Council and can be amended in the
f-LtILLre:
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 shill not repair, maintain, install or provide carry eater services,
wastewater service, gas, electricity or any other pudic utilities or services to any
p -74
roperty'that has not been legally subdivided or is a non=legal lot,
B4 For property that is required by the City's UDC or other City regulations to
construct dater 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 ap-proved public water supply
system for fire protection and domestic/ commercial/ industrial usage consistent
with the Comprehensive flan. Where an approved public water supply or
distribution mails is withhi reasonable distance of the subdivision, but in no case
less than one-quarter pile away, and correction to the system is both possible
Annexation Service Plan Sin City Softball lark
'age 7 of 1.3
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such exisng water
supply. Tjae 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
cor -tecting to the sanitary sewer system except as otherwise provided herein.
Where an approved public sanitary sewer collection main or outfall line iin ne
s
a-se 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 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 dal TJ .
E.
All iiif rastr ucture and public improvements rust be designed and installed in
accordance w th 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 Roads, Streets, Structures and Utilities, and any
ether 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 o rani y flow basis by taking advantage o
natural topographic conditions mid thereby reducing the need for lift stations
and force mains.
24 If the specific undeveloped property dries not have City water or wastewater facilities
and capacity fronting the property � the owner may make an ' application for an
extension of (serviceto the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will b
available, and if the project does not include City cost participation or rein bursern nt, if
the proposed facilities are depicted' on the itv's eater 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 b T the developer at the developer's cost and expense,
Annexation Service Plan Sun Cit)7 Softball Park
Page 8 of 13'
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
an one acne iiisize and used for single family residential purposes,
a Iegal lot greater th
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 Cite determines that the provision of centralized wastewater
service` is not feasible or practical at that time, then the property, 'owner roust either
repair or replace the septic system in accordance with the provisions of Section 13.20 of
the Citi 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 tine of annexation, but that are designated as
either residential, open space or agricultural on the City'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 furth.er subdivided or developed, or a public sanitary sewer line has been
extended to withi.1 1 ` 00 feet of tiAe property boundary and the property sumer 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 cast participation' by the City Pursuant toSection 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 cast of oversized facilities or line extensions,
The actual calculation of the cast participation and reimbursement amounts, including
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 123.10 of the City Code of Ordinances currently provides as follows:
Section 13.1.0.010 oic estlised.
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 Merin "utility system" shall
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nnecnn the City's grater system, wastewater system, reustt irrigation system, and stormwater
dramage system.
Section 13.10.020 System Planning.
The City shall maintain and periodically update system puns for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
prober service levels to existing customers.
Section 13®10.030 Proiect 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. Mans are net.
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
Iocatio exceeds i5)% ol`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
locations exceeds 90% of current. capacity and future demand' is expected to exceed the
current total cap city.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance ,vvvith the CTni.fned Development Code.
F. Projects required as a result of an an ii xation service plan shall be provided as
stated in. the approved Service Ilan for such annexed tracts,
Section 13.1.0.040 Project Financing,
At Projects required to facilitate the subdivision of a specific tract shah 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 Cade or other applicable law,
When utility expansion is requested within a portion of the City's utilityservice
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, a
the City's sale option, facilitate the design and construction of the required utility
extensions of upgrades by managing the project with the cost of such extensions to be
shared and hilly paid by the requesting landowners or subdividers prier to
commencement of the project,
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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, ) contributes to conservation or other
environmental concert, 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 Indic; dual 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. Genesial.
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 sai e, to establish,
maintain or use any water closet, bathtub, lavatory or sire except by one of the
following means and consistent with the other terms, conditions and requirements of
thisChapter 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
24 connection to a public centralized wastewater collection main with all
� astewat.er discharged to a centralized public wastewater collection
system.
Upon the "Development" of property; the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govc4rn the provision of wastewater service to the property. For the purposes of this
section, the teen "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C* 1t is the duty of each such person referenced in subsection ), above, to comnect such
fixtures to an approved wastewater system, and to maintain the same.
Se
c. 32,2 `
Site Sewage acillcs<
A* General. All On Site Sewacre Facilities must be constructed and maintained ' in
accordance with the rules and regulations of the appropriate state and local a.�encies
having )jurisdiction over such facilities.
1 . Availabilityof a Public Centralized Wastewater Collection Main, 1f 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 pr=oduced 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 following events,
failure of the On Site Sewage Facility sendrCing 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 lige.
CS Failure of On Site Sewage Facility, When an Onsite Sewage Facility fails, the
following previsions 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 flog 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 agravity or low
pressure systet, Where, the provision of gravity sewer service' or lour 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,
thea 'the n Site Sewage Facility Vinay be repaired or replaced.
(Prior code § 112-101)
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.
Seca .2E1. mow Pressure Sewer Systems
A, A "Lo -AT 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 gain located in a public utility easement or public
right -of way.
Each property owner.and utility customer shall tie responsible for the cost of
installation and maintenance of the individual lift station and private force main,
Section 13.20.050. Prohibited Discharges into Sever System
No person shall discharge, cause to be discharged, or permit to be discharged.., either directly or
ind redly into the public seiner 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 Cade of Ordinances,
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B. Any stop-nwater, groundwater, rainwater, street drainage, subsurface drainage, or
yard drainages
Cv Any unpolluted water, including, but not limited to, cooling water, process water
or blow -down water from coaling towers or evaporative Coolers;
Do Any wastes or wastewater, or any object, material, or other substance directly into
a manhole or other opening into the sewer facilities ether than wastes o
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 1.3.20.060 Sewer System Maintenance
* F 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 public sewer main,
B. For properties wit' low pressure servi
hce, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and: repairs of the
sewet` SVSt�m in tele buildincy and the service lateral, lift station (grinder pump)
and force main between tlx: building and the point of connection into the public
sewer main,
When, as a part of sewer system testing, the City identifies a flaw in a private
service lateral or force main There 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 casts
for such repairs to be paid by the City and subsequently charged to property
owner and utility customer,
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