HomeMy WebLinkAboutORD 2022-08 - Higgs Road ANXOrdinance No. ZDZZ-016
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 approximately 3.038 acres of
County -owned right-of-way situated in part in the Joseph Mott Survey,
Abstract No. 427, in part in the Calvin Bell Survey, Abstract No. 112, and in
part in the William Addison Survey, Abstract No. 21, to be known as Higgs
Road, as described herein; providing for service plans; repealing conflicting
ordinances and resolutions; including a severability clause; and establishing
an effective date.
Whereas, the City of Georgetown ("City"), as the owner of the hereinafter described right-
of-way, desires for the City, pursuant to Section 43.1055 of the Local Government Code, to annex
said area of land into the City of Georgetown, to -wit:
3.038-acre tract of land situated in part in the Joseph Mott Survey, Abstract No. 427, in
part in the Calvin Bell Survey, Abstract No. 112, and in part in the Williams Addison
Survey Abstract No. 21, more particularly shown on the map in Exhibit A and described
by metes and bounds in Exhibit B which are attached hereto and incorporated herein by
reference as if set forth in full (the "Higgs Road Right -of -Way").
Whereas, the Georgetown City Council approved a resolution granting the petition on
October 12th, 2021; and
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
Whereas, the area to be annexed is not required to be 1,000 feet in width at its narrowest
point because the annexation was initiated upon the written petition of the owner(s) of the area
to be annexed; and
Whereas, all prerequisites of state law and the City Charter have been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas
that:
Section 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 Vision
Ordinance No. 2o22 —oO Page 1 of 2
Higgs Road 2021-13-ANX
Date Approved: January 11, 2022 Exhibit A, B, and C attached
Statements, Goals and Policies.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
an 3.038-acre tract in the Joseph Mott, Calvin Bell, and William Addison Surveys, as shown in
Exhibit A, and described in Exhibit B of this Ordinance. The City Council of the City of
Georgetown hereby approves the Service Plan for the area to be annexed, attached as Exhibit C
to this Ordinance.
Section 3. The 3.038 acres, as described in Exhibit B and depicted in Exhibit A of this
Ordinance is hereby included in City Council District 7, as it is adjacent to Council District 7.
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 City Charter.
Passed and Approved on First Reading on the 14th day of December, 2021.
Passed and Approved on Second Reading on the 11th day of January, 2021.
The City of Geor etown:
Jv4t-Fwee- �W%n P i ji"S
Mayor Pf0 IPIW\
Approved as to form:
Skye Masson
City Attorney
Attest:
Robyn De smore, TRMC
City Secretary
Ordinance No. SOL-L-08 Page 2 of 2
Higgs Road 2021-13-ANX
Date Approved: January 11, 2022 Exhibit A, B, and C attached
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CITY OF GEORGETOWN ANNEXATION Page 1 of 4
Higgs Road( Westinghouse to Rockride Lane) Rev: Sept. 07, 2021
Tract 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A RECORD 3.038 ACRE (132,357 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOSEPH MOTT SURVEY, ABSTRACT NO. 427, THE CALVIN BELL SURVEY, ABSTRACT NO. 112 AND THE
WILLIAM ADDISON SURVEY, ABSTRACT NO. 21 IN WILLIAMSON COUNTY, TEXAS, SAID 3.038 ACRES BEING
A PORTION OF HIGGS ROAD (RIGHT-OF-WAY WIDTH VARIES), SAID 3.038 ACRE (132,357 SQUARE FOOT)
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY RECORD METES AND BOUNDS AS
FOLLOWS:
BEGINNING at the calculated southeasterly corner of Final Plat of Kasper, Section 7, a subdivision of record in
Document No. 2019007294 of the Official Public Records of Williamson County, Texas, same being the
intersection with the westerly ROW line of said portion of C.R. 111 (Higgs Road) and the existing northerly ROW
line of said C.R. 111 (Westinghouse Road), depicted as the southeasterly corner of a 0.83 acre R.O.W.
dedication by said plat, same being an ell corner in the westerly boundary line of City of Georgetown Corporate
Limits as cited in City Annexation Ordinance 2016 - 13, also being the ostensible survey lines between Joseph
Mott Survey, Abstract No. 427 and the Calvin Bell Survey, Abstract No. 112, and POINT OF BEGINNING of the
herein described Annexation tract;
THENCE, departing said Westinghouse Road and said ostensible Survey line, with the westerly and northerly
ROW line of said Higgs Road, being the easterly line of said City of Georgetown Corporate Limits (Annexation
Ordinance tract No. 2016 - 13), same being the westerly boundary line of the herein described tract, the following
two (2) record courses:
1) N 19°59'46" W, at a record distance of 1208.25 feet, pass the northeasterly corner of said Kasper, Section
7, same being an angle point in the southerly boundary line of Final Plat of Kasper, Section 6B (southerly
corner of Lot 42, Block V), a subdivision of record in Document No. 2019005990 of the Official Public
Records of Williamson County, Texas, and continuing with said southerly boundary line for a total distance
of 1313.48 feet, to a calculated ell corner;
2) N 68°51'49" E, at a record distance of 190.46 feet, pass the southeasterly corner of said Kasper, Section
66, same being the southwesterly corner of Final Plat of Kasper, Section 6A (southwesterly corner Lot 37,
Block V), and continuing for a total record distance of 1209.44 feet, being the southeasterly corner of said
Kasper, Section 6A, same being the southwesterly corner of Amended Final Plat of Kasper, Section 1
(southwesterly corner of a variable width strip of land dedicated as ROW per said Plat), same being an
angle point in the westerly boundary line of the City of Georgetown Corporate Limits (Annexation Ordinance
tract No. 2019-51);
3) THENCE, departing said northerly ROW line, crossing said Higgs Road, with said westerly boundary line of
City Annexation tract No. 2019-51, S 41 °32'56" E, for a distance of 68.75 feet to the existing southerly ROW
line of said C.R. 110, being the northerly boundary line of that called 21.39 acre tract of land described in
General Warranty Deed to Air W 2017-7, L.P. recorded in Document No. 2020092414 of the Official Public
Records of Williamson County, Texas;
THENCE, with the northeasterly ROW line of C.R. 110, transitioning into the northerly ROW line of said Higgs Road
(C.R. 111), same being the northerly and westerly boundary line of said 21.39 tract, and in part the northerly and
westerly boundary line of that called 29.52 acre (Tract 2) of land described in a General Warranty Deed to 800
Westinghouse Investments, LLC recorded in Document No. 2020092413 of the Official Public Records of Williamson
County, Texas, the following six (6) courses:
4) S 81 °16'54" W, for a record distance of 83.04 feet to a calculated angle point, same being the northeasterly
corner of that called 0.43 acre additional ROW dedication per recorded in Document No. 2019102077 of the
Official Public Records of Williamson County, Texas, for an angle point hereof;
5) With the easterly line of said 0.43 acre ROW dedication, S 23°07'21" E, for a record distance of 6.07 feet to a
calculated ell corner;
6) S 70°29'52" W, for a record distance of 55.87 feet to a calculated angle point;
7) S 69°01'31" W, for a record distance of 925.20 feet to the calculated point of curvature to the left;
CITY OF GEORGETOWN ANNEXATION
Higgs Road( Westinghouse to Rockride Lane)
Tract 3
Page 2 of 4
Rev: Sept. 07, 2021
8) Along said record curve to the left, having a delta angle of 89010'45", a radius of 120.69 feet, an arc length
of 187.85 feet and a chord which bears S 24°26'08" W, for a distance of 169.45 feet to a calculated point of
tangency;
9) S 20°09'15" E, for a record distance of 1063.42 feet to the southeasterly corner of said 0.43 acre ROW
dedication tract, for an ell corner in said easterly ROW line of Higgs Road (C.R. 111), being in the westerly
boundary line of said 21.39 acre tract, for an ell corner herein;
THENCE, with the westerly boundary line of said 21.39 acre tract, also being the existing easterly ROW line of said
Higgs Road, the following three (3) courses:
10) With the southerly line of said 0.43 acre ROW dedication tract, S 66°23'48" W (record S 66°26'55" W), for a
record distance of 4.82 feet to the southwesterly corner of said 0.43 acre ROW tract, for a calculated ell
corner;
11) Departing said 0.43 acre ROW tract, S 20°26'31" E, for a record distance of 8.03 feet to a calculated angle
point;
12) S 01°05'19" W, for a record distance of 52.78 feet to a calculated point, being the southwesterly corner of
said 21.39 acre tract, same being the northwesterly corner of that called 1.28 acre (southerly 1/2 of said
future Westinghouse Road) ROW dedication tract per Document No. 2013101018, of the Official Public
Records of Williamson County, Texas, for a point on line;
13) THENCE, departing said 21.39 acre tract, with the westerly boundary of Block D, Lot 1, of said Document
No. 2013101018, same being said existing easterly ROW line of said Higgs Road, S 01°05'19" W, for a
record distance of 31.14 feet, for a calculated angle point;
14) THENCE, departing said westerly ROW line, crossing said Higgs Road, S 76°46'28" W, for a distance of
21.94 feet to the POINT OF BEGINNING, containing 3.038 acres (132,357 square feet) of land, more or
less.
This property description is accompanied by a separate parcel plat.
This document was prepared under 22 TAC §663.2, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description
was determined from record information under my direct supervision.
WITNESS M HAND AND SEA_. at Round R c , Williamson County, Texas.
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
(512) 238-1200
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RESOLUTION NO. Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, GRANTING A REQUEST FOR THE
ANNEXATION OF APPROXIMATELY 3.038 ACRES OF RIGHT-OF-
WAY SITUATED IN JOSEPH MOTT SURVEY, ABSTRACT NO.21
AND KNOWN AS HIGGS ROAD; DIRECTING INITIATION OF
ANNEXATION PROCEEDINGS; DIRECTING PUBLICATION OF
NOTICE FOR PROPOSED ANNEXATION; AND DIRECTING CITY
STAFF TO PREPARE A SERVICE PLAN FOR THE AREA TO BE
ANNEXED.
WHEREAS, Williamson County, as the political subdivision that maintains the
hereinafter described right-of-way, desires for the City of Georgetown ("City"), pursuant
to Section 43,1055 of the Local Government Code, to annex said area of land into the City
of Georgetown, to -wit:
3.038-acre tract of land situated in Joseph Mott Survey, Abstract No.21,
more particularly shown on the map in Exhibit "A" and described by metes
and bounds in Exhibit "B," which are attached hereto and incorporated
herein by reference as if set forth in full (the "Higgs Road Right -of -Way");
WHEREAS, the annexation of right-of-way under Section 43.1055 triggers the non -
consent annexation procedures of Subchapter C-1 of the Local Government Code, including the
requirement of two public hearings before a municipality may institute annexation proceedings,
the requirement that the annexation must be completed within 90 days after the date the
proceedings are instituted, and the requirement that City Staff prepare a service plan for the area
to be annexed before annexation;
WHEREAS, the area to be annexed must be 1,000 feet in width at its narrowest point
unless the annexation is initiated upon the written petition of the owner(s) of the area to be
annexed, and
WHEREAS, the owner(s) of the area to be annexed have submitted a written petition to
the City for the annexation of the Higgs Road Right -of --Way;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS:
SECTION 1: The City Council of the City of Georgetown hereby grants the
Resolution No. —Adi� Page 1 of 3
Higgs Road Annexation Exhibits A, B
written petition of the owner(s) of the Higgs Road Right -of -Way;
SECTION 2: City Staff is directed to prepare a service plan for the area to be
annexed in accordance with Section 43.056 of the Local Government Code, and said
service plan shall be available for public inspection at the public hearings held under
Section 43.063 of the same;
SECTION 3: The City Secretary is directed to commence the publication of notices
of two public hearings before the City Council on the subject of the proposed annexation
of said area into the city limits; and further, to place upon the City Council Agendas the
consideration of the passage of an ordinance annexing said area into the city limits in
accordance with State Law; the tentative schedule for said hearings and ordinance
consideration shall be as follows:
Resolution Granting Petition for Annexation:
First Public Hearing:
Second Public Hearing:
Approval of the Service Plan:
Annexation Ordinance (First Reading):
Annexation Ordinance (Second Reading):
October 12, 2021 (today)
November 9, 2021
November 23, 2021
December 14, 2021
December 14, 2021
January 11, 2022
SECTION 5: The Mayor is hereby authorized to execute, and the City Secretary
to attest this Resolution.
SECTION 6: This resolution shall become effective immediately upon adoption.
RESOLVED this 121h day of October, 2021.
THE TY OF GEORGETOWN:
Josh Schroeder
Mayor
APPROVED AS TO FORM:
Skye anon
City Attorney
ATTEST:
Robyn Densmore, TRMC
City Secretary
Resolution No. Lo r% 7A ` A-R` Page 2 of 3
Higgs Road Annexation Exhibits A, B
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA. HIGGS ROAD
(WESTINGHOUSE ROAD TO ROCKRIDE LANE)
COUNCIL DISTRICT NO. NO. 7
DATE: NOVEMBER 23, 2021
I. INTRODUCTION
This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to
Sections 43.056(b)-(o) and 43.065 of the Texas Local Government Code ("LGC"). This Plan
relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan,
which is referred to as "Higgs Road Right -of -Way". 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 November 9, 2021 and November 23, 2021 in accordance with Section 43.0560) of the
LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III. INTENT
It is the intent of the City to provide municipal services in accordance with the timetables
required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this
Plan if the City Council determines that changed conditions, subsequent occurrences, or any
other legally sufficient circumstances exist under the LGC or other Texas laws that make this
Plan unworkable, obsolete, or unlawful.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1) available
to the annexed area immediately upon annexation; (2) those services which will be available to
the annexed area within 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 4% years
from the effective date of the annexation based upon a schedule for construction of such
improvements as set forth herein.
For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and may include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part, and may include
duties on the part of a private landowner with regard to such services.
Annexation Service Plan Page 1 of 5
Higgs Road 3.038 acres
In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
V. SERVICES TO BE PROVIDED UPON ANNEXATION
1. Fire Protection and Emergency Medical 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.
2. Police — The City's Police Department will provide protection and law enforcement
services.
3. Planning and Development, Building Permits, and Inspections Services - The City will
provide site plan review; zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and permits; and Stormwater
Permit services in the annexed.
4. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all
existing publicly -owned parks and recreational facilities and all such facilities acquired or
constructed after the Effective Date (including community service facilities, libraries,
swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will
be unaffected by the annexation; provided, however, that the City will provide for
maintenance and operation of the same upon acceptance of legal title thereto by the City
and appropriations therefor. In the event the City acquires any other parks, facilities, or
buildings necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
5. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all
other publicly owned buildings and facilities where the public is granted access.
6. Library — Upon annexation, library privileges will be available to anyone residing in the
annexed area
7. Stormwater Utility Services — The Property will be included in the City's Stormwater
Utility service area and will be assessed a monthly fee based on the amount of impervious
surface. The fees will cover the direct and indirect costs of stormwater management
services.
8. 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
Annexation Service Plan Page 2 of 5
Higgs Road 3.038 acres
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.
9. 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 in accordance with City ordinances, standards,
policies and procedures.
10. Solid Waste Services — The City will provide solid waste collection services in accordance
with existing City ordinances and policies, except where prohibited by law.
11. Code Compliance_— The City's Code Department will provide education, enforcement, and
abatement relating to code violations within the Property.
12. Animal Control Services — Upon annexation, the City shall provide animal control
services in the annexed area.
13. Business Licenses and Regulations — Upon annexation, the City shall provide business
licensing services (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) in the annexed area
14. Health and Safety Regulations — The provisions of the City Code of Ordinances relating
to health and safety regulations (including but not limited to Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
15. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of the City Code
of Ordinances relating to peace, morals and welfare (including but not limited to Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply
in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 4V2 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 legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas. Further,
existing residences in the annexed area that were served by a functioning onsite sewer
system (septic system) shall continue to use such private system for wastewater services
in conformance with the City Code of Ordinances. Existing non-residential
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Higgs Road 3.038 acres
establishments in the annexed area may continue to use an onsite sewer system (septic
system) for sewage disposal in conformance with the City Code of Ordinances. Upon the
Development of any property in the annexed area, the provisions 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 the policies summarized in
Section X of this Plan and with any applicable construction and design standards manuals
adopted by the City.
3. Water and Wastewater Capital Improvements Schedule — Because of the time
required to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 2'/2 years of the
effective date of annexation. Therefore, , 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 water and wastewater
services to the area. The following schedule for improvements is proposed: construction
will commence within 2 %2 years from the effective date of annexation and will be
substantially complete within 4 % years from the effective date of annexation. However,
the provisions of Section VII of this Plan shall apply to the schedule for completion of all
capital improvements. In addition, the acquisition or construction of the improvements
shall be accomplished by purchase, lease, or other contract or by the City succeeding to
the powers, duties, assets, and obligations of a conservation and reclamation district as
authorized or required by law.
4. Roads and Streets — No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Plan; the City's regular or non -impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the property owner or developer install roads and streets at the
property owner's or developer's expense. It is anticipated that the developer of new
subdivisions in the area will install street lighting in accordance with the City's standard
policies and procedures. Provision of street lighting will be in accordance with the City's
street lighting policies.
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.
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VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City, whether similar to those enumerated or
otherwise, which are not within the control of the City. Any deadlines or other
provisions of this Plan that are affected by a Force Majeure Event shall be automatically
extended to account for delays caused by such Force Majeure Event.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is
proceeding with all deliberate speed. The construction of the improvements shall be
accomplished in a continuous process and shall be completed as soon as reasonably
possible, consistent with generally accepted local engineering and architectural standards
and practices. However, the City does not violate this Plan if the construction process is
interrupted for any reason by circumstances beyond the direct control of the City.
VIII. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after
public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the manner provided by Section 43.063 of the LGC.
IX. FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision from
time to time by the City in its sole discretion.
X. WATER AND WASTEWATER SERVICE EXTENSION POLICIES
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.
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