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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 E =0� 0 x g wX Z Q rt 3 c U I- Mom^ to w (� U�� N W (n a U U O N ® II o J 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 SA CITY OF GTOWN%WESTINGHOUSE RD-CR 111-GE0 ANNEX WESTINGHOUSE EAST -PT 2-REV.doc ..� 1 / ....60. N • N K.. �.w. N `; r[PHrN I I3IJ ;5pALF 4933 .'n Date END-PT2IPARCEL2019-AN N E X- 0 0 \ D w O r � r•7 0 w y - O Q W K 0 0 LL � U m 0~ 22G 03 N Z Jw 0 W 0 J p Z mJUO m U~� y� N N K _ f_ K O 0 0 Q3 Z 0 3ai ai Oa r¢ 03 n w OO N� C'1 o� ¢� WNzo o> Nm 0' Wz ;I-,- 00-n -- ZO _ m� o W LO � °i Y ,, gNzdR��°-� n¢ o S 9 2 -' r� w M = o J 61 U 3 J _ ,Z4'�,901 H,SI,BOeflZB - •.Y • J (SMYVA H10/M 'M •0'1/) 10 84'£L£L M„94,BS.SIN ' *• I 37vd3 N3d0 0& S`JDIH $11 07 °n a � 000,0- na•a�'zs •r. 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" f i o o" x' i';j�3 W .ci a acrimci wry 8 1ti CC Jw- k7A �Z na _ - 1\ zwzO •1t q�� e az Z Z_ m 6- Z W WJ c�S oa wO�j za ~mz ay WFUS U�5N o° l 3A2fS 3'1915N31S03NI wo aY,? N N U Q V W M a v v C 0 mN m x-¢03 Z o Z m O N p a w of um W - a�4Za I ro 'of s •• ZU ¢2S a0 O~ S au o s� v� c:: •=' rzN wa JW= E U• --U. ;_ --�.-. 0010O r0 W Zvl pm Q I�1Ir.lO. p - IIM1 IWZN QUL■■ OO JO�m Lv_�� »� LL O 2 W ■ y Z J Z r-��ff!l��rp a Z Nx tS 1 Xri wWJCV1i °gQ oz xW && ^ U Q K W N K J 1 iJ o _ ' T - cwi w w O Q. lii Z W = Y _ r3'3 ¢acWn3 T � msa WW w4a �[ ¢ww Z N m= � g o 2 W 7 W ^UN N o Ma C a- o _aN '�RJ�w'^tt 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 Annexation Service Plan Page 3 of 5 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. Annexation Service Plan Page 4 of 5 Higgs Road 3.038 acres 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. Annexation Service Plan Page 5 of 5 Higgs Road 3.038 acres