HomeMy WebLinkAboutORD 2022-87 - Utility Extension & Water LineORDINANCE NO. 20-'L?,-' �-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE CITY'S "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 OUTSIDE THE CITY LIMITS; 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" (the "Policy"), said Policy being later incorporated into the
UDC by reference in UDC Section 1.16; and
WHEREAS, on September 27, 2022, the City Council approved Ordinance No. 2022-73,
which amended the Policy to allow the placement of some City water system improvements
within certain rights -of -way and public utility easements of the City's ETJ; and
WHEREAS, outside the city limits and the City's ETJ, water utility facilities must also be
placed in easements granted to the City, in conformance with Section 13.15.030.13 of the Code of
Ordinances and the Policy; 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
Ordinance No. 20ZZ —11 Page 1 of 3
Description: Amending City's Utility Extension and Improvement Policy Regarding Water Line Easements
Date Approved: _ __ _w _ qk ZZ% ZOZ L
WHEREAS, the City Council of the City of Georgetown finds it in the best interest of the
community to update the Policy to also authorize the placement of some City water facilities
within Williamson County rights -of -way outside of the city limits and 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. The City's Utility Extension and Improvement Policy, as adopted by Ordinance
No. 900404 and amended by Ordinance No. 2022-73, is hereby amended and adopted in its
entirety as set forth in Exhibit A attached hereto and by this reference incorporated herein.
SECTION 4. 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 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.
PASSED AND APPROVED on First Reading on the day of Iljo,t m 2022.
PASSED AND APPROVED on Second Reading on the day of , 2022.
ATTEST:
Robyn DVnsmore, City Secretary
THE CITY OF GEORGETOWN
13y: f�
Joshua Schroeder, Mayor
Ordinance No. — 1911 Page 2 of 3
Description: Amending City's Utility Extension and Improvement Policy Regarding Water Line Easements
Date Approved:y1,{ 22i 2QZ�
APPROVED AS TO FORM:
kye sso City Attorney
Ordinance No. Zovz -~ g Page 3 of 3
Description: Amending City's Utility Extension and Improvement Policy Regarding Water Line Easements
Date Approved: �c ,( *� 2 -, Z,OZ-L
EXHIBIT A
UTILITY EXTENSION AND IMPROVEMENT POLICY
TO GUIDE THE PLANNING, DESIGN, CONSTRUCTION,
OPERATION, AND MAINTENANCE OF ALL UTILITY
SYSTEM IMPROVEMENTS
1. This policy shall apply to improvements to the City 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 of 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
existing utility networks shall be preferred to excessive line extensions and
expansion of the system outside the established and approved utility service area.
B) Priority shall be assigned to projects which provide the greatest benefit as
measured by the size in acres of the land to be served and the level of capacity to
be provided.
C) System improvements which promote the retention and/or creation of long term
jobs shall receive greater emphasis over projects which produce only temporary
or no lasting employment results.
D) Improvement programs which support and compliment the City's adopted
economic and industrial development objectives shall receive preference.
E) Projects which increase property values and retail sales are preferred.
F) Project capacity should be able to accommodate projected demand for a ten (10)
year period.
G) Improvements that will achieve shorter build -out times and will initially satisfy
higher levels of projected ultimate demand capacity are favored.
H) Infrastructure programs designed to simplify construction, operation, and
maintenance are preferred.
I) There exists the potential for the City to recapture 100 percent of all non -
reimbursed City expenditures.
J) Participation by owners of benefiting property is strongly encouraged.
K) Incentive for up -front participation:
- Enter into contract
Utility Extension and Improvement Policy
Adopted November 22, 2022
1
EXHIBIT A
Guarantee capacity availability for ten (10) years
Interest free for first three (3) years
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 payment for 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 manner as for a connection but must provide City with one (1)
year notice of intent to connect to system.
- All payments based upon units of capacity.
- All necessary easements are donated and only facilitate the ability to
connect to system but do not convey any right or privilege to hook -on to
system (water system will provide fire protection and lower fire insurance
rates).
M) Water line improvements shall be designed and constructed to satisfy
domestic/industrial demands and fire flow requirements as forecast in the City's
Comprehensive Plan.
N) System improvements will begin when existing line demand equals 70 percent of
design capacity or committed capacity plus existing demand equals 90 percent of
design capacity.
O) All design and implementation of utility improvements shall be in accordance
with the City's adopted Comprehensive Plan.
2. 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 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.
Utility Extension and Improvement Policy
Adopted November 22, 2022
2
EXHIBIT A
3. Notwithstanding the foregoing, at the direction of the City Manager or his or her designee,
new development within the City's Extraterritorial Jurisdiction is hereby permitted 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 5 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.
4. Notwithstanding Subsection 1 above, at the direction of the City Manager or his or her
designee, new development outside the city limits and the City's Extraterritorial
Jurisdiction is hereby permitted to place new water system improvements within public
rights -of -way controlled by Williamson County in accordance with the City's subdivision
rules and Subsection 5 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.
5. 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 State or County road;
B) a road listed in the Overall Transportation Plan of either the City or Williamson
County;
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; or
D) a right-of-way that is reasonably anticipated to be annexed by another municipality
during the expected life of the improvements to be installed.
6. The City Manager is hereby authorized to promulgate administrative regulations and
directives that are not inconsistent with this Policy and are deemed necessary to implement
this Policy. Such regulations and directives shall not conflict with, and do not supersede,
this Policy or any other ordinance, law, or other regulation adopted by the City Council of
the City of Georgetown.
Utility Extension and Improvement Policy
Adopted November 22, 2022
3