HomeMy WebLinkAboutORD 2022-73 - Utility Extension & Water LineORDINANCE NO. ;20 ZZ —13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING ORDINANCE NO. 900404,
ENTITLED "AN ORDINANCE ADOPTING A UTILITY EXTENSION
AND IMPROVEMENT POLICY TO GUIDE THE PLANNING, DESIGN,
CONSTRUCTION, OPERATION, AND MAINTENANCE OF ALL
UTILITY SYSTEM IMPROVEMENTS," REGARDING THE
PLACEMENT OF WATER UTILITY FACILITIES IN RIGHTS -OF -WAY
OR PUBLIC UTILITY EASEMENTS IN THE CITY'S
EXTRATERRITORIAL JURISDICTION; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Section 13.15.030.13 of the City of Georgetown's Code of Ordinances, "Water
system requirements," applies the requirements of Chapter 13 of the City of Georgetown Unified
Development Code ("UDC") to provision of water service to developments in the City's water
service territory, whether in the city limits, the City's Extraterritorial Jurisdiction ("ETJ"), or
beyond; and
WHEREAS, UDC Section 13.07 requires that Master Plan infrastructure be situated within
an easement or right-of-way dedicated to the City; and
WHEREAS, Section 13.04.13 of the UDC requires that the extension of water utilities
conform to the City's adopted Utility Extension and Improvement Policy, as amended; and
WHEREAS, on August 28, 1990, the City Council of the City of Georgetown, Texas
approved Ordinance No. 900404, entitled "An Ordinance Adopting a Utility Extension and
Improvement Policy to Guide the Planning, Design, Construction, Operation, and Maintenance
of all Utility System Improvements," attached hereto as Exhibit A and by this reference
incorporated herein (the "Policy"); said Policy being later incorporated into the UDC by
reference in UDC Section 1.16; and
WHEREAS, among other things, the Policy requires that "all necessary easements" be
donated to the City and that "all design and implementation of utility improvements shall be in
accordance with the City's adopted Comprehensive Plan"; and
WHEREAS, in accordance with the City's 1445 Agreement with Williamson County, the
City's subdivision rules apply to development within the city limits and the City's ETJ; and
WHEREAS, Section 13.03 of the UDC requires all developments to dedicate or convey 10-
or 15-foot public utility easements along all street frontages within the development; and
WHEREAS, the City's Development Manual, incorporated into the UDC by reference in
UDC Section 1.11, instructs that easements and rights -of -way be dedicated by plat in the City's
ETJ to either the public or Williamson County, requires that easements granted to the City must
Ordinance No. 2,7_- -13 Page 1 of 4
Description: Amending City's Utility Extension and Improvement Policy Regarding ETJ Water Line Easements
Date Approved: S� I -I, ���
be conveyed by separate instrument, and instructs that such easements cannot overlap any
"conflicting" easement; and
WHEREAS, the City' platting requirements and the Policy together therefore require ETJ
developments to encumber residential lots with utility easements of up to 30, or sometimes 45,
feet in width along the street frontage, and often plat approval is delayed as the applicant
completes the separate instrument conveyance process; and
WHEREAS, Section 552.104 of the Texas Local Government Code authorizes
municipalities to "lay water system pipes, mains, conductors, or other fixtures through, under,
along, across, or over a public road, a public street, or a public waterway not in a
municipality..." with notice to the Texas Transportation Commission or County commissioners
court, as applicable; and
WHEREAS, the City Council of the City of Georgetown finds it in the best interest of the
community to update the Policy to authorize the placement of City water facilities within public
utility easements and rights -of -way in the City's ETJ under certain circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS:
SECTION 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 2. 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 3. Ordinance No. 900404, entitled "An Ordinance Adopting a Utility Extension and
Improvement Policy to Guide the Planning, Design, Construction, Operation, and Maintenance
of all Utility System Improvements," attached hereto as Exhibit A, is hereby re -adopted and
ratified as if set forth herein, except as amended by this Ordinance. All other ordinances and
parts of ordinances that are in conflict with this ordinance are hereby repealed, and all other
ordinances of the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 4. The Policy is hereby updated to authorize the placement of City water facilities
within public utility easements and rights -of -way in the City's ETJ under certain circumstances.
Accordingly, Section 5 shall be added to Ordinance No. 900404, to read as follows:
Section 5.
1) All utility improvements must be placed within easements conveyed to the City of
Georgetown in a form approved by the City Attorney. Within the city limits,
rights -of -way and easements dedicated by plat, as well as specific utility
Ordinance No. 022 - 13 Page 2 of 4
Description: Amending City's Utility Extension and Improvement Policy Regarding ETJ Water Line Easements
Date Approved: L ZOZZ
easements, shall satisfy this requirement. Outside of the city limits, easements
must be conveyed to the City by separate instrument, except as otherwise set forth
herein. All dedications and conveyances must adhere to the rules and regulations
governing the granting of real property interests to the City promulgated by the
City of Georgetown, as amended from time to time by resolution of the City
Council.
2) Notwithstanding the foregoing, new development within the City's
Extraterritorial Jurisdiction is hereby to place new water system improvements
within public utility easements, public waterways, and public rights -of -way
dedicated by plat in accordance with the City's subdivision rules and Subsection 3
below, provided the improvements are:
A) to be located within the development and not along its boundaries;
B) not identified in the City's adopted Water Master Plan or Capital
Improvement Plan; and
C) to be relied upon only by the owner of the property being developed and
the owner's successors and assigns, tenants, guests, or invitees.
3) Any water system improvements proposed to be located within a public utility
easement, public waterway, or public right-of-way may NOT be placed in a
public utility easement or right-of-way that contains, or is parallel to, any of the
following:
A) a numbered Texas Department of Transportation or County road;
B) a road listed in the Overall Transportation Plan of either the City or
Williamson County; or
C) a road included in an adopted or pending Capital Improvement Plan of
either the City or Williamson County, or a road identified for future
expansion by the Texas Department of Transportation.
SECTION 5. If any section or any portion of any section of this ordinance, or application
thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the
validity of the remaining portions of this ordinance; and that each section and each portion
thereof not decreed to be invalid shall remain valid and enforceable, and to this end the
provisions of this ordinance are hereby declared to be severable.
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 provisions of the Charter of the City of Georgetown.
Ordinance No. APZZ.— '13 Page 3 of 4
Description: Amending City's Utility Extension and Improvement Policy Regarding ETJ Water Line Easements
Date Approved: ZpZ'L
PASSED AND APPROVED on First Reading on the 13 day of , 2022.
PASSED AND APPROVED on Second Reading on the If -day of , 2022.
ATTEST: THE CITY OY GEORGETOWN
1 By:
Robyn D smore, City Secretary
APPROVED AS TO FORM:
XA
y ass , City Attorney
Ordinance No. 2022 -13 Page 4 of 4
Description: Amending City's Utility Extension and Improvement Policy Regarding ETJ Water Line Easements
Date Approved: - Z
EXHIBIT A
EXHIBIT A, Page 14 of 17
ORDINANCE NUMBER 3-L0 41
AN ORDINANCE ADOPTING A UTILITY EXTENSION AND
IMPROVEMENT POLICY TO GUIDE THE PL1-.NNTNG,
DESIGN, CONSTRliCTION, OPERATION, AND
MAINTENANCE OF ALL UTILITY SYSTEM IMPROA%EMENTS
WHEREAS, the City of Georgetown, Texas, is committed to
providing utility services in a manner that is .beneficial to
present and future rate -payers;
;,HEREAS, it is recognized that the extensic- cf utilities is
a major factor in the timing and direction of urcan growth;
WHEREAS, the City Council of the City of Ge__aetown, Texas,
adopted the following Ordinances which establish 'he policies by
-.-hich water and wastewater services will be exte-de-d and
>ro ed: 83-28 on August 29, 1983, and incorpor3-e: in the
r ibd Sion Ordinai1ce, and 86-50 on t`.`ove,1be "
i•'.. :!.:-A the _I: �' cou1v_1 O,Z t:he ci zv Qi_ � _ _ C'ti'`• :' j exticS
'r ,
L:dop,_ed Ordinance 87:7110 oil March 24 , 1987, ,lhl stab_ ishe j the
pol ic-fes by w'r.ich electrical service 11I be �ns:,z led and
Provided;
iJNEREAS, the existing utility extension an+- _-,.provement
polI-,—' should be undated from time--o-time any _ n,�i`ions set
oYvh ,-which thev can be modified; mnd
vJH''E'REAS , the `_t_, Council finds -hat this _:elements
the. fo: ':o::ing Century Plan - Policy Plan Policies: E:nance
Policies 1 and 2, Grovith and Physical Developmen7 :olicy 2, and
Utilities/Energy Policies 3 and 5; the Community Development Goal
of the Strategic Plan for Economic Development; Policy
S;'Goc:l-s B, and D, Policy 6;'Goal A/ 0-1going Ob- __-_ves l and 2,
Policy ;".'Coal A/Short Range Objective F, ?c,. i ;tea ; Short
anpf (_ice trio 1 pG11cv 18, and Po'
_='y 1� Oi e:^i�:rV P1a:l
Dc vol %lJii + .. plan. T:ie City Council, i 11 tf1EI fin,_
a 1GOnS_Ste'?t- or In CCn;-_c` l/ith
_:?�= .. ...._.. ?--. .__ _!'.-, •-_, ,i7. the �-_:...
cr
_ reL.: ted in the
-_c �:nble ,_c
v,-:_ rl_nance
I 'v Council_
_.. - true
r( c� ar�d
are
e:e=once herein
_.:,d _>:press:
-+,d�_ a part
=C d _r~.�t m.
EXHIBIT A, Page 15 of 17
Section Two.
This policy shall apply to improvements to the C-ity of
Georgetown's Utility Systems, which encompass both existing
system upgrades and system expansion for treatment plant
capacity, utility line networks, and appurtenances. It is hereby
established as the official policy of the City cd Georgetown that
all Utility System improvements shall. be planned, designed,
constructed, operated, and maintained such that.
A) Upgrades of existing infrastructure and system
extensions in close proximity to exiszin^ utility
networks shall be preferred zo excessive line
extensions and expansion of the syste:7� ours ide the
established and approved utility ser,.o--ce area.
B) Priority shall be assigned to projects Kiicn provide
the greatest benefit as measured by the size in acres
of the land to be served and th - lc---v�_ c_ar)aCi tv to
be provided.
L. j System 1mDrOv em :nC3 'h 1C: u���l•_)i _ _ _ -�'!. C`i. -_: n�. 0
creation of long ter-: jobs s:'.c__
emphasis over projects which T- roCul--,Ff r.'�.' temporary or
no lasting employment results.
D) Improvement programs which support a:`-4 co c'iment zhe
City's adopr.ed economic and ;;;dusrr-a_ .,evelopment
o;-jectives shall receive
^' Projects which increase prepe.rz --!u-s a-.d retail
sales are preferred.
F) Project capacity should be able to accommodate
projected demand for a ten (10) ve�:r per-od.
G) Improvements that `,, _ i i acn = ev _ _ _ = ?- 1 --c -:� - Imes
and will initialiv satis v :h_ ".: _ :s r�r� ec ad
ultimate demand capacity are ,7"I'-rI=d.
tit=
'T) Particlpaz: cr,, J-P.,��wners bL r
n)e'_-L:.
strongly encouraged. -
h incentive
Enter in,_c (Dn-+-act
Givar antee C:aPaclty a.Va 11 N! -- _ - r te:? ( n i years
nT--C: e s t f_'ee .`or >, t^_ -" ( 3) years
MZ),
EXHIBIT A, Page 16 of 17
- Interest at T-Bill rate for remaining seven
(7) years
- If option not exercised in ten (10) year
period guarantee for capacity expires
- Option assignable if all/part of property
sold during life of agreement
- Prepayment applied to 100 percent of cost of
first units used
L) Terms for obtaining capacity:
- At time of connection - full pa}gent fnr units of
capacity requested computed on design capacity
plus carrying costs calculated from date of award
of contract for construction of initial project.
(This is for non -guaranteed capacity and assumes
capacity is available.)
At time capacity is desired may obtain guaranteed
capacity by paying in the same ma-lner as for a
�GnneCLiOn buz ;.u5z _: C _ _.'; Gnu ) \ ea
nor --ice of intent lLc connect to S" I em.
- All payments based upon units of capacity.
All necessary easements are dona-ed and only
facilitate the ability to connec_ to system but do
not convey any right or privilece to hook -on to
system (water system will. provice --i-e protection
and lower fire insurance rates).
N) ~dater line improvements shall be desic%ed and
constructed to satisfy domestic/indu=-rial demands and
fire flow requirements as forecast in the City's
Comprehensive Plan.
N) System improvements will begi.- en existing line
denand equals 1,0 percent of d,s ,:-,n ca aLity or
committed capacity plus ®}:_st _ la demand equals O+J
percent of design catiacit_•.
ion rnd _mp_e er, .. _ _ _. _ . t, _ _ _ m_ _.,-.-.. e7l
.,area..`^s i.,e _y ,
1) The C r..d i nances cited in the preamble a t _s ordinance shall
rwmu_n in effrlct, and tn15 Ordina ic:[? iijl_ e-' considered an
adde r!"u--; to -hose Or G i ranges .
2) The col is ies conta ined wlthLIn _-h i s , :1na:':te shall be used
tO de -ermi ne the cond lr ions undo'_ n : •=Sl t::= precealnc
Ord tna_nces may be modi _ ied.
C ela 45-- %t L _
�.. f -1 f-7
EXHIBIT A, Page 17 of 17
Section Four.
This Ordinance shall take effect immediately after its
passage on the second reading.
READ, PASSED AND APPROVED on the first reading, on this the 14th
day of August , 1990.
READ, PASSED AND APPROVED on the second reading, on this the 28th
day of Au,t 1990.
W.H. Connor, Mayor
ATTEST:
Elizabeth Gray, City%Secrer-ary
f
APPROVED:
Marianne Landers Banks, City Atzornev
mLo' 9s /0L
ic. X,/] 1,191 `f 19