HomeMy WebLinkAboutRES 961112-Y - Encroach Hwy 29 & IH35RESOLUTION NO. 7 11102 ' /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND STAR ENTERPRISE,
PERTAINING TO THE ENCROACHMENT OF A PRIVATE
WASTEWATER SERVICE LINE INTO THE PUBLIC RIGHT-OF-WAY OF
RIVEROAKS DRIVE OF THE RESUBDIVISION OF RIVEROAKS,
SECTION TWO SUBDIVISION, AS RECORDED IN CABINET J, SLIDES
51-53 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
AND LOCATED NORTHEAST OF THE INTERSTATE HIGHWAY 35 AND
STATE HIGHWAY 29 INTERCHANGE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the public right-of-way; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Star Enterprise to encroach into the public
right-of-way, the City Council of the City of Georgetown, Texas, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization of the
property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
3. That the proposed wastewater line is in such a manner that it would not be
feasible to relocate it outside the public right-of-way.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put isnot likely to change within the foreseeable future and
is compatible with other uses in the neighborhood; and
Riveroaks Drive
Resubdivsion of Riveroaks,
Section Two License Resolution No.
Page 1 of 3
WHEREAS, the City Council after hearing the application and finding the specific facts
as stated above now concludes and finds that:
1. The fact that the proposed wastewater line is in such a manner that it would not
be feasible to relocate it outside the public right-of-way constitutes special
circumstances and conditions affecting the property which if not taken into
consideration would deprive the applicant of the reasonable use of their property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to remove the part of the proposed wastewater
line that encroaches into the public right-of-way does provide a basis for granting
the license necessary for the preservation and enjoyment of the substantial
property rights of the applicant.
3. The fact that the use of the public right-of-way area by the property owner does
not interfere with the utilities or access to the utilities and is not detrimental to the
public health, safety or welfare or injurious to the property in the area; and
WHEREAS, the applicant agrees to accept the terms of the license agreement as presented
to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution 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
resolution implements the following policies of the Century Plan - Development Plan Element:
1. Growth and Physical Development Policy 1, which states: "The City will ensure
that future land use patterns provide economic, cultural, and social activities to all
residents, businesses and organizations;" and
2. Utilities/Energy Policy 2, which states: "The City will establish utility policies
which take into consideration the needs of all citizens of the community and take
necessary precautions to prevent harmful ecological impact to the environment;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
Riveroaks Drive
Resubdivsion of Riveroaks,/� _ V
Section Two License Resolution No. !
Page 2 of 3
SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest
thereto on behalf of the City of Georgetown a License Agreement with Star Enterprise,
pertaining to the encroachment of a private wastewater line located in the Riveroaks Drive right-
of-way of the Resubdivision of Riveroaks, Section Two.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this A)J-7 day of1996.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee By: L O WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Riveroaks Drive
Resubdivsion of Riveroaks, //�� .. (/
Section Two License Resolution No. -7 ! J
Page 3 of 3
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