HomeMy WebLinkAboutORD 2022-58 - ANX Terra Vista ViewsOrdinance No. 7='s
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 and initial zoning designations of Two -Family (TF) and
Scenic -Natural Gateway Overlay of certain territory consisting of 7.38 acres,
more or less, in the Frances A. Hudson Survey Abstract No. 295, as described
herein; repealing conflicting ordinances and resolutions; including a
severability clause; and establishing an effective date.
Whereas, the owners of the area proposed for annexation requested annexation of the area
by the City of Georgetown ("City"), pursuant to Local Government Code Section 43.0671; and
Whereas, all of the herein -described property lies within the extraterritorial jurisdiction
of the City of Georgetown, Texas; and
Whereas, the City Council approved a Municipal Services Agreement with Barney
Handrick, Katheryn Greer, Karen Phillips, and Sharon Hampton for 7.38 acres on April 26th,
2022; and
Whereas, the Section 4.03.010 of the City's Unified Development Code ("UDC") creates
procedures for initial zoning of newly annexed territory; 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.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
7.38 acres in the Frances A. Hudson Survey Abstract No. 295, as shown in "Exhibit A" and as
described in "Exhibit B" of this ordinance (the "Property"). The Property is hereby included in
City Council District 7, as it is adjacent to Council District 7 and no other City Council Districts.
The City's official boundary map and City Council Districts map shall be amended accordingly.
Section 3. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Council hereby finds that a zoning classification of Two -Family (TF) and Scenic -Natural Gateway
is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon
annexation the Property shall have a zoning of Two -Family (TF) and Scenic -Natural Gateway.
Ordinance No. 7�,2 -50
Terra Vista Views 7.38 acres
Date Approved:
Page 1 of 2
2022-3-ANX
Exhibit A,B,C attached
The City's Official Zoning Map shall be amended accordingly.
Section 4. Upon annexation of the Property, the City shall provide to the Property the
municipal services set forth in the Municipal Services Agreement attached to this ordinance as
Exhibit "C" and by this reference incorporated within it (the "Agreement"), pursuant to the
schedule set forth therein. The City shall have no obligation to provide services to the Property
not listed in the Agreement.
Section 5. 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 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect in accordance with
the City Charter.
Passed and Approved on First Reading on the 261' day of July.
Passed and Approved on Second Reading on the 9tI' day of August.
The City of4Gergetown: Attest:
I / 22: � �_n� j 2 )VA —' -
Josh Schr d r Robyn Den ore, TRMC
Mayor City Secretary
Approved as to form;
Skye asso
City Attorney
Ordinance No. 7o2 Z- SS
Terra Vista Views 7.38 acres
Date Approved:
Page 2 of 2
2022-3-ANX
Exhibit A,B,C attached
x
z
R
—
4
E
.2
a)
C;
c 4
cm
LD
04
r
I-
FRI-
o
Exhibit B
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND BARNEY HANDRICK, KATHRYN GREER, KAREN PHILLIPS, AND SHARON
HAMPTON
This Municipal Services Agreement ("Agreement") is entered into on the day of
2022 by and between the City of Georgetown, Texas, a home -rule
municipality of the State of Texas ("City") and Barney Handrick, Kathryn Greer, Karen Phillips,
and Sharon Hampton ("Owners").
]RECITA11N
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered into this Agreement
WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an
area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcel of land located approximately .2 miles south of
CR 166 with a portion of the tract adjacent to FM 1460, which consists of approximately 7.38
acres of land in the City's extraterritorial jurisdiction, such property being more particularly
described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for annexation of the
Property, identified as Annexation Case No. 2022 -3- ANX ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Georgetown City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the
subject of the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery
of full, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
Teravista View (2022-3-ANX) Municipal Service Agreement
I
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
Fire Protection i d Emergency Medical ervi e -- 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.
ii. Police — The City's Police Department will provide protection and
law enforcement services,
iii. Planning and Develppment. Building Permits. and Insowtions
Services - Upon annexation, 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.
iv. 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.
V. Other Publigly OwnedBuildinp
s. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Libra -- Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. 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
Teravista View (2022-3-ANX) Municipal Service Agreement
2
will cover the direct and indirect costs of stormwater management
services.
viii, Streets. Roads, and -Sir, t L.iglaing - 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,
ix. 1Water a :i l Wastewater facilities In the Annexed Area that Are Not
Within the Area of Another Water gr 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.
X. Solid Waste Services - The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law,
xi, Code Cginpliaiice - The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal CorsirolServices - Upon annexation, the City shall provide
animal control services in the annexed area,
xiii, Business Licenses and Re Sul Lions - 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
b. The City will provide water service and wastewater treatment service to
developments established aver the Effective Date in accordance with, and
on the schedule determined by, the City's extension policies, capital
improvements schedule, and applicable law and at rates established by City
ordinances for such services,
C. The City may impose a fee for any municipal service in the area annexed if
Teravista View (2022-3-ANX) Mimicipal Service Agreement
3
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,
d, It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager, Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property,
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council, Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, term, or provision was
never part of the Agreement,
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in
Williamson County, Texas or the United States District Court for the Western
District of Texas, Austin Division and construed in conformity with the provisions
of Texas Local Government Code Chapter 43,
9. NO WAIVER. The failure of either party to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that party's right to insist upon appropriate performance
or to assert any such right on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
Teravista View (2022-3-ANX) Municipal Service Agreement
4
or immunities.
11, COUNTERPARTS, This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or future owner of any portion of the
Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
Teravista View (2022-3-ANX) Mwucipal Service Agreement
5
Approved as to Form:
Skye Ma on
City Attorney
Attest:
Robyn Densmore, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day of I&J 20 �,
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal c rporation, on behalf of
said corporation.
Notary Public, State of Texas
Teravisw View (2022-3-ANX) Mimicipal Service Agreement
6
KAREN FROST
Notary ID # 1053608-4
N� +P My Commission Expires
'E ar z May 24, 2024
(OWNER 1)
By:-�
Barn(
Own4
State of Texi s §
County Of. �fiYY
173i instr nnent was acknowledged before me on the, day of , 20��by
t..>a-If V\ ¢ ,tr- 1 [,1, y��I v v c. Icy.._ __ -of [Name of in lividual signing, title (if
any)) on behalf o said ('Y %i�[insert name of company or individual
where applicable).
Notaiy Public, State of Texas
.a`nr°i++•, AMY LYNN DRUMMOND
Notary Public. State of T0800
Comm, Expires 07.20.2024
:vr,
'arf aF `•�`` Nt)Inry ID 10881272
Teravista View (2022-3-ANX) Municipal Service Agreement
7
(OWNER 2)
LIM - AIIU�?-.
Kathryn Greer
Owner
State of Texas.
County of 1 §
This instrument was acknow] edged
�nAn (Vac Q
any)] on begalf of said _
where applicable],
before me on the 1 3 t� day of ikO ! , 201 by
NYVrof [Name of individual signing, title (if
V[insert name of company or individual
JENMR. MMLE
• ■; My Notary ID # 132173869
ExPrea 5eptembet 1 B, 2823
Notary Public, State of Texas
Teravista Vim (2022-3-ANX) Municipal Service Agreement
8
(OWNER 3)
L
By:
en Plumps
Owner
State of Texas
County of j-&j l j I I (A1T .Soh §
This instrumct was acknowledged before me on the, �day of L—, 20ZZ by
Y-61Y.e n V T 11 } I I PS �U �(- _of [Name of individual signing, title (if
any)] on behalf of said [insert name of company or individual
where applicable].
rLpyP{ .: JENNA R, RAWNSIEY
By : i •; My Notary la 13217t;69
o�;�` Expires September 36 2023
...,.
Notary Public, State of Texas
Teravista View (2022-3-ANX) Municipal Service Agreement
9
(OWNER 4)
tilt:utt � Il:unl►1un
Owner
li(life
or•re. tI ( §
This utslrumvil was itcl tunelcdycd befort: lnc nll l}14 day i,tl. ''•tr .'U it%
".�F7�1 i'�_zI� l�I,r�,�r���:��. of��:unct>II•nlrllidual�i�:nmE;,l111cI�I
ally)] oll behalrorsold 1 A 11' LOV nannc i4companyor indo.,14111al
whcr>v, applicaloul
Y\k full
Ntilary PIIhI1C, SMIC 01'TCXAS
hm
? :'�;Np10ry PuDryC, 51919 0l fn..n�
"Gomm ktytrett Q7.70-762A
I (I
EXHIBIT B continued
Teravista View (2022-3-ANX) Mimicipal Service Agreement
11
ri
9A
��
0
lJ ®
C2
hi
Exhibit B
■
Inc.')uick
Land Surveying. Land Planning. Consulting.
Firm: 10 194104 512-915-4950
1430 N. Robertson Road, Salado, Texas 76571
FIELD NOTES FOR A 7.380 ACRE TRACT OF LAND:
BEING A 7.380 ACRE TRACT OF LAND, LOCATED IN THE FRANCIS A. HUDSON
SURVEY, ABSTRACT NO.295, WILLIAMSON COUNTY, TEXAS, SAID 7.380 ACRE TRACT,
BEING THE REMAINING PORTION OF THAT CALLED 8.0 ACRE TRACT OF LAND
RECORDED IN DOCUMENT NO. 2010008587, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 7.380 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1 /2" iron rod located in the southwest right-of-way line of F.M.
Highway 1460, being the northeast corner of the remainder of said 8.0 acre tract,
an exterior corner of Lot 1 Open Space & Drainage Easement, Block C, of
Teravista Section 401, Phase 2, according to the plat of record in Document No.
2016112499, Official Public Records, Williamson County, Texas, said point being
the northeast corner of the herein described tract of land;
1. Thence, with the southwest right-of-way line of F.M. Highway 1460, the
northeast line of the remainder of said 8.0 acre tract, S 200 43' 05" E, a
distance of 330.29', to a 1 /2" iron rod located in the southwest right-of-way
line of F.M. Highway 1460, being the southeast corner of the remainder of
said 8.0 acre tract, the northeast corner of Lot 1, Block A, of the Replat of
Teravista Section 402, according to the plat of record in Document No.
2017076212, Official Public Records, Williamson County, Texas, said point
being the southeast corner of the herein described tract of land;
2. Thence, departing the southwest right-of-way line of F.M. Highway 1460,
with the southeast line of the remainder of said 8.0 acre tract, the northwest
line of Block A, of said Replat of Teravista Section 402, S 680 50' 38" W, a
distance of 978.16', to a 1" iron pipe located for the southwest corner of the
remainder of said 8.0 acre tract, an angle point of Lot 20, Block A, of said
Replat of Teravista Section 402, an angle point of that called 0.553 acre
tract of land recorded in Document No. 2018066269, Official Public
Records, Williamson County, Texas, said point being the southwest corner
of the herein described tract of land;
3. Thence, with the southwest line of the remainder of said 8.0 acre tract, the
northeast line of said 0.553 acre tract, a northeast line of said Lot 1 Open
Space & Drainage Easement, N 200 15' 50" W, a distance of 327.94', to a 1"
iron pipe located for the northwest corner of the remainder of said 8.0 acre
tract, an interior corner of said Lot 1 Open Space & Drainage Easement,
said point being the northwest corner of the herein described tract of land;
4. Thence, with the northwest line of the remainder of said 8.0 acre tract, a
southeast line of said Lot 1 Open Space & Drainage Easement, N 680 42' 14"
E, a distance of 975.58', to the POINT OF BEGINNING containing 7.380 acres
of land.
Note: The basis of bearing was established using the Trimble VRS Network, NAD
(83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot,
Grid. A survey plat was prepared by a separate document.
ro,
y�CFCSAI.
t��E55►q�'.,{��
D SUPS
Travis L. Quicksall RPLS #6447
Date: 02/22/2022
Job #22-0002.ANNEX
to
LVIVA
INk&