HomeMy WebLinkAboutORD 2014-79 - ANX Evans Surveyn
OrdinanceNo. cla)%A-7101
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 1.37 acres, more or less, in
the Evans Survey, as described herein; providing for service plans.; repealing
conflicting ordinances and resolutions.- including a severability clause; and
establishing an effective date.
Whereas, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for
initial zoning of newly annexed territory; and
Whereas, the Georgetown City Council approved a resolution granting the petition on
September 9, 2014; and
Whereas, the Georgetown City Council conducted public hearmigs on the propos^-
2nnexation on September 9, 20'14, and September 23, 2014; and I
Whereas, all of the herein -described 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
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas
M
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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan
on Statements, Goals and Policies.
Section 2. The City Council of the City of Georgetown hereby annexes into the city
limits 1.37 acres in the Evans Survey, as shown in "Exhibit A" of this ordinance, and as
described 'in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan.
Ordinance No. t Page I of 2
1.37 ac Evans Annexation ANX-2014-010
Date Approved: October 28, 2014 Exhibit A,BC attached
Section 3. The 1.37 acres, as described in "Exhibit B" of this ordinance, is included in
City Council District 1, as it is adjacent to Council District 1 and no other City Council Districts.
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conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 5. 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 accordance with
the provisions of the Charter of the City of Georgetown.
Passed and Approved on First Reading on the 141h day of October, 2014.
Passed and Approved on Second Reading on the 28ffi day of October, 2014.
Attest: The City of Georgetown:
Je, Vsica rattle Dale Ross
Ci ecretary Mayor
Approved as to form:
Bridget Chap an
City Attorney
0 Ordinance No. 01!4 Page 2 of 2
1.37 ac Evans Annexation ANX-2014-010
Date Approved: October 28, 2014 Exhibit A,B,C attached
Legend
A E3 Site
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ExhibiA
C3 City Limits
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Coordinate System:
Texas State PIam,/C.t,,d Z.-INAD8311.15 Feet t 0 500
Cartographic Data For Gareras Planning Purposes Only I Z feet
MATOMM.
METES AND BOUNDS DESCRIPTION
1.379 ACRE, (60,078 SQ.FT.)
J-PHRAIIIN) PYANS St-RVEY, A-212
TEYLAS
J3eijj,-, a 1.371 acre W.W78 Square Fec.') Ti-Lict of ..and situated in the E'Phrainl Fvaris Survey,
vstracL No, 2 2 Widiamson County. Tcxas, and b,,IrlQ out of and part of a called 1 -3,3.28 acre
(Gross) Tract, (132.28 acre Net), convccc! to ANC -ROUND ROCK ASSETS 11, I -P. described
in Doctitrient 2001001644 of the Official kecords of Willi ainson County Texas (OAM.C.T.),
Said 1.379 acre Tract being more particularly described as follows with all bearings being
referenced to the State Plane Coordinate Systern, Texas Central, ZOTIC in terms of NAD83/93
Daturn expressed in U.S. Survey Feel. All surface distauice recited herein may be converted to
(Irid by niultiply ng lis '11- cornb ned f8440T of 0.999�70053-
at ri brw:s Cap tbund ori the easier]% line of'11 riters late Fligh�vay No,
3: (width varies as conveyed to the State of exas in Volume 471, Page 571 of the Williamson
Cow-ity. Deedi Records (%V.C.D,R,), also being the coil' "on northwesterly comer for said 133,28
acre tract. and the souUnwesterl'y corner ofl,ot 5, MIDWAY BUSINESS PAl~ K. as clescribed in
Cabinet S, Slides 208-2091, O.R.WJ-.'.T. and being the notiliwesterIv corner of tyre herein
described tract;
THE`NCE. North 68'12 17" East, alorl- and with the line common to the northerly line of said
(',3.28 acre tract arid tF.e.southerly !in,- of said Lot. 5, at a distance of 65,44 feet pass a iz-inch
4011 read foujid and cortlinue f( -,,r a total distance (-A'2,16-53 feet to a iron rod se? vV101
1,< -
..R'v(�ON -,,t c:-J� corner ol'ibe herein descrihcd tract.
Can JINIC.- for tile r�zor R
Fioin said point, a mail in post found fcr an interior .1
n,,le point corni-nmi to said 13 3 28 zicrL: trac=t
and said Lot bears Nrth 68'12* 1 a distance cel' 156.4; feet;
THDNVE, leaving said common lin6, and across said 133.28 acre tract., the following two (2)
Courses:
1) South 21'4-1-41" hast. a distanec fllct to a iron rod set with PLislic
cap stajllp�d "SIURVCON for corner of the hercin descrilbed tract:
2) South 68'1 2� 17" AX'est, a diitanc.e of 314.65 feet to a iron rod set v.;ith plastic
cup stitniped, "StJRVC.`N INC." on the jij-jc common to the westerly finc of said,
13325 acre tract ttnd the casierk- right-of-w=ay line of staid Intu-i-slate High,.valy No. 3135,
for the southerly comer of tlie Herein descril-ed tract'
Page I of 2
Z: 4171120WrlcsU,4B14 I 71120-M+B.doc
`FHEI-NCE, North 02`04 45" West, al(ing said common westerly line of'said 133.28 acre tract ;LTid
easteriv hillit-olf-way line of s2u'd Inwrstate HThvvw No. 35, a distamee of 231, .58 feet to the
POINT OF 1:111"GINNING oftho hernn descTibett'i tract and containillo a coll"Puted area of 1 -11?9
ccres {60j'178 Souare 1-2et e of land:
Fills *illetes and BOLIRCIdescription is accompanied by a sepwat, Plat of Sun�cv aT, � is based oil
Lin on-tire-riruund surve,y performed
in April 2002 unch-T my supervision.
Reg�1S J. Andersoil
11-121`3ed Professlonal LLvid Sunveyor
Texas Registration No. 3128 1?� or
A,
DOUGLAS J. ANDERS(
S' R%ICON IN(Ill
0 5128
ALIS1111, 'I exas 78 7 0 A
S u vk
1".evised-04/09/02
Page 2 ol'-'
"l/ 11�01;CAJCSIA- 134 " 'I ? M-AP"P.do�
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POINT OF
BEGINNING 1 1 �'�'' t.r � � � ��� 4' t'•
, � 1
h A$ y ,t}
� tit Jj Z.
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2. 4
cp
t r t tib
1.379 ACRE TRACT ; �{
0,78 SQ,, T,)
(f
U i
`ir ! (1,00 ACRE EXCLUSIVE OF
� t NAi'LFt7hF" { i
PERMANENT EASEMENTS)
f:'R 0 P 0, SEr, {I WIDE
77{ UTI _' E`NIT.
s {' E 1HI AlAf EVAN'S SLIA'VEY', 4 — X12
ANC—ROUND ROCK
1 t ASSETS ti, LP
1 11.1 GAS LINE EASEMENT AND R-O.t4`133.23 GROSS ACRES.
1
rn 1 1170 ACRES ('0,980 Std, FF.)j 132.28 NET ACRES
t I DOC, NO, '2000011071, 107E DOC. NO. 2001001644
,
1!
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1i3SV`ttZ :_A IME NT
v �
1 ,W c.n.F;.; 1,379 ACRE TRACT
L :END (60,078 SQ, FT,)
INDICATES FOOD BRASS DISK � (1.000 ACRE EXCLUSIVE OF
INDICATES .Tauwu NA:L IS POST I PERMANENT EASEMENTS)
INDICATES FOUND IPON R{)' EPHRAIM EVANS SURVEY, A---212
STAB S' N w-
ckp STAMPED'
SURd:OI+L' WILLIAMSON COUNTY, TEXAS
N` t4Dtf.�tiTES ?k;^1t'ER?Y tihG + t LJ R Y C O 1 7 INC.
t
u%DICATES PCrWF z POLL PROFESSIONAL SURVEYORS
j .-._.UT— INDICATJES „vN (-A-S xt .c:x-,r f 400 WEST 15 th STREET. SUITE 1030
AUSTIN, TEXAS 78701
I PH. (512) 457-7870
INGIC-� �S 'i�ic �%iJ?4Y'
I 0./t9ff7:-kfSi`.LG E1:+2'icfFNi`.:
t5 •;; U"r ri'Rc.. ( �3 i.P.�f.; = 60' JL?s NO. 417-1120
0AI'E �V 04-09-02 F,3. NO. JOB—NAME—BK-,N0.
PPROJECT.-
ctAi>E i OF 2 DF A44?4 BY:mDm 4171120—FOSTER OSTEF. 1,Cole aw p.d eg
PREPARFD C -Y !_'EORGETOWN TITLE COMPANY
15716 1CMEN 'S OF PE'__CRD, APFE,'�711�14G I -PACT AS L'ST; D N TTL
PAG;_ 3.3 , Di FL) Rz__`04;*.��', VALLIAVSO�i J� TO 'Oljl`WESTERN BELL TELEPHONE COMPANY, RECORDED IN VOLLI&4E 54C,
%
F_ AS,-4)� N DATT_': SFF"-MB ER 29, u< FPCAl FS7AIy 0- H NIS;` TO
cTEXAS ANC LIGHT QA•f4'' PE',l(j-RcEr jN
4 p D 5
PF 110,�ATFC SCi AS 'Cl AF!T_'C1 (NO' PI-OTIALI:-E FRrM
-ASEPEN7
EASEMENT DATED FEBRUARY 21, 2000, FROM, MARGARET M. NASH, JOHN H. NASH, III AND MLLIAM L NASH TO TXLt ELECTiRic
CUMENT NO, 2000011071,
ED TINDER DO" r
RLCORD" OFFICiAL PUBLIC PF,.,OPDS, MIIAMSON COUNTY, TEXAS. (AS SHAWN HT-F'EOt,,) GAS,
EASEMENT DATED OCTOBER 10, 2000, EXECUTED BY MARGARET M. NASH, JOHN H. NASH, III AND WILLIAM L NASH TO TXU ELECTRIC
CIOMPANY, RECOPDED UNDER DOCUMLN-68, OFFICIAL PUBLIC RECORDS, NO, 20000699 WILLIAMSON ECOR DS, M LLON COUNTY, TEXAS, (BLANKET
EASEMENT)
17. INGRESS AND EGRESS EASEMENT FROM ANC -ROUND ROCK ASSET'S It, LP TO ANC -ROUND ROCK ASSETS 1, LP AS SET OUT IN
RESTRIC-FIVE COVENAN i� AND EASEMEI-1 AGREEMENT REtORL)ED UNDEROCUVENT NO. 2001083834, OFFICIAL PUBLIC RECORDS, VALLIAMSON
CCUNTY, TEXAS. (BLANKET EASEMENT`
1
LINES AC SST MIS Er' zl;_l__WW FROM ANC -ROUND POCK ASSETS 11. LP TO ANC -ROUND ROCK ASSETS i, LP AS SET OUT IN
R,'STR,�C,71,rt. 10VENANIT AND, EASEMEtJ AGREEMENT PECDRDEC UNI'l."'R DOCUMENT NO, 2001,083834, OFFICIAL PUeUC
CCut4 Y. -m XkRFCORDS� WILLIAMSON
S, if-tANi<ET E�s,-EMENI)
19. WAIEF? 1RANSViSSION LINES AND _EYSTEMS EA' .m _:,lr FROM ANC.-IROUND ROCK ASSETS V, LP TO ANC -ROUND ROCK ASS -,TS 1, LP AS
OU
�N RrST CIJ��-NANT AND EASEMENT AGRLEMEN1 RECIORDEU UNDER DOCUMENT PIU. 2001083834, OFFICIAL PU'
,
66C RECORDS,
141LUAMSON COUNTY 7T'XAC. (G'_ANKET EASEMEW)
2'. ORGUNCI WA—;Lfl, LCASC E;fr_CT)V,_ iq0,,,SmR
FR 6, 2C,01, EXECUTED BY ANC -ROUND ROCK ASSCTS it, UP AS LESSOR, To ANC, WITH
ANC -ROUND RC)CK ASS, --S 10 AS f_USS_E AND BY INSTRUMENT RECORDED UNDER DOCUMENT NO. 2001083835, OFFICIAL
PUBLIC RECDRDS, W-LIAW-30N CQ0jI,4 TIT, TEXAS, { BLANKEI 1. ASFI).�
Ge7NERAL N07S:
1. NO PORTION' OF THESE TRACTS LIE WITHIN THE 100 YLAF: (ZONE A) FLOOD ZONE PER F.E.M,A, FIRM. MAP NUMBERS 48491t -0240C.
EFFECT 'JE DATE OF SEPTEMBER 27 1931,
F 'N' E
2. BFARINGS ARE REFEPENCEO' TO THF STATE PLANE C 0 AT-
�),Dll SYSTEM, TEXAS CENTRAL ZONE IN TiERMS OF NADS3193 DATUM,
EXPRESSED IN US, SURVEY FEET. ALL SURFACE DISTANCES RECITED HEREON IAA)_ RE CON --
VERTED TO GRID BY MULT�LYING Ey THE
1_11MB!NED FACTOR
NL>`�"Al`t tAVS(', -,rlL 'j, r, n
4
It ?";KATE _AL RECORDS OF W�lL_iAVSON OJNTY,
5. 7H!S Pr_A'r OF SUIRr_' IS ACCOMPANIED BY A SEPARATE MEIES AND BOUNDS DESCRIPTION.
6, AITI, RESOECT TO iNSTRUMENTS OF RECORD AFFECTING THIS M, ACT TIHE SURVEYOR HAS RELIED UPON COMMITMENT FOR TITLE
INSLIffRANCE ISSUED @Y LAW(CRS T;P—c INSURANCE CORPORA nov. CASE NO. 96 Yr 169026-K ISSUED 13 MAY 1997. THE SURVEYOR HAS
;
NOT ABS�AC—IED THIS
TC: STEWARI TITLE Gtj ARANTY COMPANY, GEORGErO)tN
TITLE COMPA14Y INC., ANC-ROUNCIROCK ASSETS 11, LF1.,
HDF IN'VESTIVENTS, LTID'
T'HE UNDERSIGNED HEREBY CERTIRES P --AT THE SURVE7Y
SHOWN HEPEON WAS C0 401 "JOTED ON THE GROUND OUFTNG
THE MONT'll OF APRIL, 2002UNDER PAY C"R,_
OT SLIPEIRASICJ.,
AND REPRLSENTS 110- COND,`IONS AT TFL TIME OF THE
SUff-'cVEY, -PIE SURVEY WjkS CONDUCTED TO MEET TME
SPECiFICAT'ONS FOR h C�NFGORY IA, G_-N01,-i0N 11 SUPVE'r
ACCORDING T'l THE CURRENT MANUAL CSF PRACTICE FOR
:.AND SURlE'i'N'G IN T, n . E TTA;TE OF TEyAS AS PUBLISHED
BY 414E TEXAS SOC!E'T� ,F- p ROFESSIONA_ SURVEYORS,
Y
DOLZr_LA� j. ANDERSONSON
REGI' _ A�C PROFESSIONAL LAND SMA'YOR
TFXAS-RSGISTRATION No. 5128
()4jlg/D-1-4!Sa FASOIE"_
PArE 2 OF 2
(60)078
(1.000 ACRE EXCLUSIVE OF
PERMANENT EAStMENTS)
EPHRAIM EVANS SURVEY, A-21�5
WILLJAM$ON COUNTY, TEXAS
SURVCON INC
PROFESSIONAl SURVEYQR,�
400 WEST 15 th STREET, SLTITE 1030
AU TEXAS 78701
PH. {5I2 457-7670
SCALE: I- = 100' JOB NO, 417-1120
DAT,': 04-09-02 lF.8, NO. JOB—NAME-78K,NO,
IPROJECT:
DRA'A`N BY: MCIM I 4171120 -FOSTER I
ANNEXATION SERVICE PLAN
AREA: EVANS 1.379 AC
COUNCIL DISTRICT No. 1
DATE: SEPTEMBER 9,2014
This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections
43.056(b) -(o); 43.062, and 43,052(h)(1) 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 "Evans Survey 1.379 acres." 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 September 911, and September 23rd, in accordance with Section 43.056(j) of the LGC.
NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed
area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that
construction of capital improvements must be substantially completed within the period provided in
this service plan does not apply to a development project or proposed development project within an
area annexed at the request or on the petition of the landowner.
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.
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.
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.
Annexation Service Plan Evans Survey 1,379 acres
Page 1 of 11
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.
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.
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.
Annexation Service Plan Evans Survey 1.379 acres
Page 2 of 11
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 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 13.01.020 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 a• unaffected by the annexation and shall not •. 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.
Annexation Service Plan Evans Survey 1.379 acres
Page 3 of 11
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 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 ANNEXATION; 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 legallv 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.
E�iiiiiiiiii Pill 11111�111111111 111111!11 pripirilill � 11
MEEMME=11
Annexation Service Plan Evans Survey 1.379 acres
Page 4 of 11
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.
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 fall 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
City does not violate this Plan if the construction process is interrupted for any reason by
circumstances beyond the direct control of the City.
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
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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.
911��
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.
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.
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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 ne 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 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
i le for the operation and maintenance of the septic system. If the property is in a
responsib
Rural Residential Subdivision as defined M' 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
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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 o-omer 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.)
. # I I I M - -
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 I 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 13.19,030_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.
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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.
ff�-M
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.
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:
See. 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:
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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.
See. 13.20.020. 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,
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.
A
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 isnot necessary due to existing or future land use, then the On Site Sewage
Facility may be repaired or replaced.
(Prior code § 12-101)
See. 13.20.030. 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.
See.13.20.040 Low Pressure Sewer Systems
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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.
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.
E. 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.
F. 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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