HomeMy WebLinkAboutAgenda UDCAC 06.13.2018Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee
of the City of Georgetown
June 13, 2018 at 3:30 PM
at Historic Light and Waterworks Building located at 406 W. 8th Street Georgetown,
TX 78626
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Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
B Co nsideration and possible actio n to approve the minutes o f the regular meeting o f May 9, 2018. Karen
Fro s t, Rec o rd ing S ecretary
C Pres entatio n and d is cus s io n o f the City’s Munic ip al Utility District (MUD) P o licy and Unified
Development C o d e (UDC) Amend ments . Wayne Reed, Assistant City Manager and S eth Gipson,
Management Analys t
D Pres entatio n and d is cus s io n regarding propos ed changes to S ectio n 13.08 of the Unified Develo p ment
Co d e (UDC) regarding Parkland Dedic atio n req uirements. Kimb erly Garrett, P arks and Rec reation
Directo r
E Up d ate on the 2018 UDC Annual Review Plan, Sc hedule and Next Step s . Andreina Dávila-Quintero ,
Current Planning Manager
Adjournment
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 1 of 46
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 13, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve the minutes of the regular meeting of May 9, 2018. Karen
Frost, Rec o rding Sec retary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Fro s t, Rec o rd ing S ecretary
ATTACHMENTS:
Description Type
Minutes _UDCAC_05.09.2018 Backup Material
Page 2 of 46
UDC Advisory Committee 1
May 9, 2018
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Wednesday, May 9, 2018 at 3:00 PM
Historic Light and Water Works Building,
406 W. 8th Street, Georgetown, Texas 78626
Committee Present: Tim Haynie, Chair; Bruce Barton, Vice-Chair; Brett Danaher; Tracey Dubcak,
Secretary; and Jason Wirth.
Committee Member(s) Absent: John Philpott (excused) and Philip Wanke
Staff Present: Sofia Nelson, Planning Director; and Andreina Davila, Current Planning Manager
and Karen Frost, Recording Secretary
A. Call to Order Chair Haynie called the meeting to order at 3:35 pm.
Legislative Regular Agenda
B. Consideration and possible action to approve the minutes of the regular meeting of February
14, 2018. Karen Frost, Recording Secretary
Motion by Barton, second by Danaher to approve the minutes. Approved 5 – 0. (Philpot and
Wanke absent.)
C. Election of Vice-chair and Secretary for Unified Development Code Advisory Committee. Tim
Haynie, Committee Chair
Haynie nominates Barton for Vice Chair, second by Dubcak. Approved 5 – 0.
Haynie nominates Dubcak for Secretary, second by Barton. Approved 5 – 0.
D. Review and discuss board and bylaws. Karen Frost, Recording Secretary
Frost reviewed the bylaws.
Haynie asked for updates from staff of any proposed changes to the UDC, administrative or
otherwise.
E. Discuss dates/times for future UDCAC meetings. Karen Frost, Recording Secretary
The Board confirmed that the existing date and time of the meetings, the second Wednesday of
the month at 3:30 pm, is fine.
F. Presentation and discussion on the 2018 UDC Annual Review and draft schedule. Andreina
Davila-Quintero, Current Planning Manager
Davila-Quintero appreciated the members and recapped what the Board has accomplished in
the last year. She then reviewed the Council approved review items and gave a tentative
schedule of when those items will be addressed. Staff will be working through those items over
the next year, along with any items that council directs.
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UDC Advisory Committee 2
May 9, 2018
Public Wishing to Address the Board
As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda.
Motion by Haynie, second by Barton to adjourn the meeting. Meeting adjourned at 4:15 pm.
_____________________________________ __________________________________
Tim Haynie, Chair Tracey Dubcak, Attest
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City of Georgetown, Texas
Unified Development Code Advisory Committee
June 13, 2018
SUBJECT:
Presentatio n and dis c us sion of the City’s Munic ipal Utility Dis tric t (MUD) Polic y and Unified Development
Code (UDC) Amend ments . Wayne Reed , As s is tant C ity Manager and Seth Gips on, Management Analyst
ITEM SUMMARY:
The City o f Georgetown has been us ing the Interim Munic ip al Utility Dis trict (MUD) Polic y (the “Po licy”)
to review and approve applic ations fo r MUDs since Sep temb er 2014. Over the past three years , the City
has exp erienc ed a continued interest in MUDs by d evelopers . The Polic y has been help ful in providing the
Counc il, s taff, and ap p licants guid anc e on c riteria and proc es s .
The p urpose o f this item is to provid e the UDC Ad visory Board with an explanation of the revis ions to the
City’s Interim MUD P o licy and p ro p o s ed revisions to S ectio n 13.10 (Creatio n of S p ecial Dis tric ts) of the
Unified Development Code (UDC) per Co uncil’s d irec tio n on Marc h 27th. You will b e p ro vided time to
read and review the p ro p o s ed c hanges fo r the next few weeks . S taff antic ip ates returning in July to seek
d irectio n fro m the UDC Advis ory Committee o n changes to the UDC that reflec t the modific ations to the
Interim MUD P o lic y.
It is staff’s intent to review and explain the modific ations (red lines) to the Interim MUD Po licy. A redline
version and c lean vers io n o f these mo d ifications are als o provid ed .
Staff will outline s ome proposed amend ments to Sec tion 13.10 of the UDC in o rd er to make it c o nsistent
with the propo s ed c hanges to the Interim MUD Polic y. A red line version and a c lean version are attached.
Lastly, staff has considered the type and amount of work involved in processing applications to create and
amend agreements to existing MUDs. T he processing of these applications requires the involvement of
executive management to lead corresponding, meeting, negotiating, drafting term sheets, reviewing draft
agreements, coordinating with P UD standards, reviewing easements, analyzing utility and transportation
evaluations, attending advisory board meetings, drafting staff reports and presentations, and many more
activities. Even after approval of an application, there remains staff duties to perform, such as coordinating
with applicants, recording agreements, tracking thresholds, and creating summary sheets to provide to
appropriate departments to assist them in processing development applications and issuing permits related to
the actual development of the neighborhoods. Based upon the past two years of experience, staff is
recommending the current fee of $3,050 for creation of MUDs and $1,550 for amendments to existing MUDs
be increased to one flat fee of $20,000, plus continue to collect separate (additional) fees for professional
consultant and legal expenses.
FINANCIAL IMPACT:
The revisions to the Interim MUD Po licy and Sec tion 13.10 of the UDC have no direc t fis cal imp act. The
revised fee fo r applic ations reques ting the c reatio n o f MUDs and amendments to agreements assoc iated
with existing MUDs will increase revenue and c o ver the c o s t fo r staff resourc es s pent o n p ro cessing thes e
ap p licatio ns.
SUBMITTED BY:
Seth Gip s o n, Management Analyst, and And reina Dávila-Quintero, Current P lanning Manager
Page 5 of 46
ATTACHMENTS:
Description Type
Attachment 1 - Interim MUD Policy revis ed 2018-05-15 Redline Backup Material
Attachment 2 - Interim MUD Policy revis ed 2018-05-15 CLEAN Backup Material
Attachment 3 - UDC Section 13.10 Creation of Special Dis tricts
revis ed 5-15-2018 Redline Backup Material
Attachment 4 - UDC Section 13.10 Creation of Special Dis tricts
revis ed 5-15-2018 CLEAN
Backup Material
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Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 1 of 9
Updated 5-15-2018
2014 Municipal Utility District Interim Policy and Implementation Manual
This interim policy document is designed to bridge the gap between the current adopted Unified
Development Code (UDC) provisions for consideration and formation of Municipal Utility Districts
(MUD) within the City's planning jurisdiction and recent City Council discussions on timing, placement
and expectations for MUDs. It is anticipated these policies will be used on an interim basis until an
upcoming Municipal Annexation Plan is brought forward as addendum to the 2030 Comprehensive Plan.
The City's procedural provisions in the Unified Development Code (UDC) would remain for procedures
and submittal requirements and may be amended as needed.
The City of Georgetown finds that the purpose of a Georgetown Municipal Utility District (MUD) is to
assist in closing the financial gap when a unique development is seeking to exceed minimum City standards,
provide a robust program of amenities, and where substantial off-site infrastructure improvements are
required that would serve the MUD and surrounding properties.
Existing Unified Development Code (UDC) Section 13.10 provides the follow statements of purposes for
creating a MUD.
The standard s established in this section are intended to carry out the following purposes:
Encourage quality development;
Protect the water quality within all watersheds of the City;
Protect the water quality of the City's drinking water sources;
Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
Provide for construction of infrastructure consistent with City standards and City inspection of
such infrastructure;
Provide notice to residents of the district that the City may annex the district at some future time;
Facilitate cost-effective construction of infrastructure to serve the area within the district, including
police and fire stations, that is consistent with City standards and plans, so that the potential
financial burden on the citizens of Georgetown will be reduced, in the event of annexation of such
land by the City;
Provide for extension of water and wastewater lines that will serve future growth in the City and
its extraterritorial jurisdiction consistent with the City's regional utility planning;.
Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with the City's
water and sewer bond ordinances regarding creation of districts that might otherwise
detrimentally y compete with the City's utility systems;
Establish guidelines for other mutually beneficial agreements by the City and the district; and
Provide a procedural framework for responding to an application seeking the City's consent to the
creation of a district;
While these existing policy statements contained in the UDC are helpful, the level of subjectivity with these
statements have given rise to requests beyond what was contemplated when Section 13.10 was authored
and requestors have challenged staff and City Council on these criteria. The additional language in the
Interim Policy is intended to clarify how staff and City Council carries out the statements in a consistent
and fair manner.
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Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 2 of 9
Updated 5-15-2018
The City of Georgetown finds that the purpose of a Georgetown MUD is to assist in closing the financial
gap when a unique development is seeking to exceed minimum City standards, provide a robust program
of amenities, and where substantial off-site infrastructure improvements are required that would serve the
MUD and surrounding properties.
The following interim policies and implementation actions are established in two sections. The first section
includes general policies correlating existing UDC provisions with the items identified by City Council and
staff to ensure a complete review of all MUD proposals, including financial analysis, as well as minimum
provisions to ensure MUD development provides adequate public safety and utility services to promote
minimum standards for human life, safety and public welfare.
The second section includes additional policies for "unique factor" MUDs established pursuant to UDC
Section 13.10.030 (B). These policies do not apply to all MUD requests, only those seeking creation due to
"unique factor" criteria.
1. Policies applicable to all MUD requests:
The following policies are to be used in guiding the consideration and action on requests for creation and
operation of all proposed special districts, including amendments. These policies are reinforced in Section
13.10 of the UDC.
POLICY 1: Retain the two threshold questions under Section 13.10.030Basic Requirements for
Creation of MUDs.
MUDs are an appropriate tool to allow urban level density neighborhoods in locations supported by the
2030 Comprehensive Plan within the city limits. The City may alternatively consider ETJ MUDs where the
City is likely to annex the property in the future. but that are outside of the ultimate city boundary where
the City may annex in the future and where the City cannot provide water and wastewater service within 4
½ years.
13.10.30 Prerequisites to Consent to Creation of a Distric
Before consenting to the creation of a district, the City Council should consider further whether the creation
of the district is feasible, practicable, and necessary for the provision of the proposed services and would
be a benefit to the land, and therefore warrants the City’s consent, consistent with the other considerations
in this policy. t
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The developments meets or exceeds the intent of the development and
design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public benefits that advance
the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial
contribution, or enhancement of master planned infrastructure, diversity of housing, and
enhanced parks and open space that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services and optimizes
service delivery through its design, dedication of sites, connectivity, and other features.
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Interim Revised MUD Policy - REDLINES
September 23, 2014
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Updated 5-15-2018
4. City Exclusive Provider. The development further promotes the City as the exclusive provider
of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t impair the City’s
ability to provide municipal services;
6. Finance Plan. The developer(s) to contribute financially to cover a portion of infrastructure
expenses without reimbursement by the MUD or the City;
7. Annexation. The development will not impair the City’s future annexation of the MUD or
adjacent property, or impose costs not mutually agreed upon.
A. Before the City Council consents to creation of a district, the following issues shall be considered
in accordance with this chapter:
1. If applicable, whether the area proposed for inclusion in the district meets criteria for
annexation set out in the City annexation policy and is within the City's projected ultimate
city limit Boundary; [shown with red line in map below]; and
2. Whether the City will provide water and/or wastewater services to the land within the
proposed district at a reasonable cost and will commence construction of facilities
necessary to serve the land within 2 years and substantially y complete such construction
within 41/2 years after submittal of the petition pursuant to the City policies on the
extension of utility services.
B. If the determination on both issues 1 and 2 above is negative, then before consenting to the creation
of a district, the City Council shall consider further whether the creation of the district is feasible,
practicable, necessary; for the provision of the proposed services and would be a benefit to the
land, and therefore warrants the City's consent, consistent with the other considerations in this
policy.
C. If the determination on either of the two issues is affirmative, then the City Council shall not consent
to creation of the district unless the applicant demonstrates that unique factors justify; its creation.
If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the proposed
district and a majority y of the qualified voters concerning the City's provision of water
and wastewater services, upon receipt of a petition submitted by such persons in
accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
POLICY 2: Provide examples of “unique factors justifying [MUD] creation or amendments" to
guide determinations made under Section 13.10.030 in the UDC.
Consistent with past Council actions, require the construction of specific regional infrastructure
improvements consistent with the City's comprehensive plan and master plans and that are beneficial to the
City. Examples include:
a. The construction of the South San Gabriel Interceptor as part of the Water Oaks agreements opened
up the land in Georgetown's southwest quadrant for development well ahead of the time that the
City could have done so in the absence of those agreements.
b. Cimarron Hills Wastewater Treatment Plant, built as PID and MUD allowed expansion as part of
the Oaks at San Gabriel agreements.
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Interim Revised MUD Policy - REDLINES
September 23, 2014
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Updated 5-15-2018
c. The contemplated bridge and parkway connection of Water Oak linking Hwy 29 and Leander Road,
as there is currently no north-south connection between Ronald Reagan Blvd and Interstate 35.
a. The acceleration of master planned public infrastructure improvements, including but not limited
to, wastewater interceptors, treatment plants, and major transportation improvements, that not only
provide a benefit to the developed property, but also to other surrounding properties.
d.b. Conservation subdivision design that clusters development in low impact areas and maintains
existing topography, scenic views, natural drainage flows and wildlife habitat.
e.c. Regional trail connections located across the development, as well as off-site, to fill in gaps in the
City and County trail system.
POLICY 3: Submit information with the MUD creation petition that would allow the staff to perform
the level City Council has directed during consideration of several recent MUD petitions.
a. In addition to the items already listed in Section 13.10.040 and the information required to
determine compliance with Section 13.10.050, in order to assist boards, commissions and the City
Council with understanding the financing related aspects, require applications to submit the
following:
i. A detailed project pro-forma with assumptions of different tax rates and homes at various
price points,
ii. A marketing study completed within the previous six months of the date the petition
indicating project feasibility based on regional market absorption rates that indicates
projections in residential units per year for specific years of the development. The
marketing study should include all proposed uses within the MUD.
iii. A clear and understandable comparing MUD financed development to non-- MUD
financed development should also be included in these submittals including projections of
municipal property tax generation.
iv. A copy of the petitioner's financial statement and a detailed description of the petitioner's
experience with MUDs. If petitioner and developer are the not the same, provide
documentation explaining the relationship between the petitioner and developer.
v. Documentation that all lien holders consent to the formation of the proposed MUD.
b. To streamline processing of MUD petitions, allow staff to defer comprehensive review and
consideration of applications until a complete application and all supporting materials are
submitted.
c. Increase the application fee to a sum to allow for adequate cost recovery and that is commensurate
with staffing and workload impacts necessary for evaluating MUD petitions and negotiating and
drafting MUD Consent Agreements and any related agreements.
POLICY 4: Agree to a cross-departmental "MUD Petition Review Team" comprised, at a minimum,
of members of the planning department, utility department, finance department, parks department,
public safety departments, and legal department.
POLICY 5 3: Address provision of public services, and address public safety matters in the Consent
Agreement:
a. Require MUD to provide facilities to enhance public services and optimize locations of for service
delivery.
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Interim Revised MUD Policy - REDLINES
September 23, 2014
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Updated 5-15-2018
b. Require donation of land to City or ESD (as applicable) for new fire station or other public safety
facility as determined by the City.
c. If the City provides fire protection services to the MUD, require payment of Fire SIP fee (or similar
fee) to fund fire station construction and operations.
d. Require roadway design to enhance access and reduce response times to existing developed
properties located outside of the MUD.
e. If located outside of the City Limits, then the MUD consent agreement may, at the City's discretion,
include an interlocal agreement ("ILA") to contract with the City of Georgetown for fire, police,
and solid waste services on terms acceptable to the City.
f. Require adequate street lighting for vehicle and pedestrian safety.
g. An ETJ MUD shall provide a maintenance program approved by the City's Transportation
Department that is consistent with City standards and shall include appropriate consultation with
the County Engineer.
POLICY 6 4: Address utility service issues, and include those utility service provisions in the Consent
Agreement:
a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan.
b. Require of the MUD that the City to be the water, sewer and electric service provider where it is
located within the city’s single or multiple certificated service area. unless the area is within another
entity's certificated service area, or the City chooses not to require those services to be provided by
the City.
c.b. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or
MUD, not the City.
d.c. Limit cost-sharing on MUD off-site improvements to only those circumstances where the necessity
for the improvement is so great that limited CIP funds are appropriate for overall system wide
improvements that benefit multiple properties (i.e., regional improvements that the City can
afford to participate in).
e.d. Address water and wastewater rates. Generally, rates for in-City MUD customers should be the
same as the rates for other in-City customers, and the rates for ETJ MUDs customers should be the
same as for other out of City customers.
f.e. Require specific water conservation techniques that will be used to minimize demand levels
including xeriscaping, low impact development ("LID"), rainwater harvesting, grey water reuse
and other strategies in consultation with GUS.
g.f. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with City of
Georgetown water conservation and drought contingency plan-related ordinances.
h.g. For all MUDS, require impact fees to be assessed at the time of final plat approval [note: Impact
fee payments are eligible for reimbursement by the MUD]. For ETJ MUDS, require payment of
impact fees at the time the final plat is approved. For in-City MUDS, require payment of impact
fees no later than the time of building permit issuance. However, utility capacity reservation shall
not occur until impact fees are paid.
i.h. Address rates, treatment capacity, utility and other easements necessary for City services, capacity
for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric
infrastructure, permitting and design, and fiscal surety.
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Interim Revised MUD Policy - REDLINES
September 23, 2014
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Updated 5-15-2018
POLICY 75: Specify the amount of debt intended to be issued, the purpose of the debt, and the debt
service schedule, and include those financial provisions in the Consent Agreement:
a. Require a maximum bond issuance amount and schedule so that an opportune time for annexation
can be calculated. Bonds, including refunding bonds issued by the district, shall, unless otherwise
agreed to by the City, comply with the following requirements, provided such requirements do not
generally render the bonds unmarketable:
1. Maximum maturity of 25 years for any one series of bonds; and
2. The bonds shall expressly provide that the district shall reserve the right to redeem bonds
at any time subsequent to the tenth (10th) anniversary of the date of issuance.
3. The last Bond issuance shall be not later than the date that is ten (10) years after the date
of the first Bond issuance.
b. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees
and fines of any kind.
a.c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a
maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs.
b.d. For an in-city MUD, Llimit debt issuance to capital infrastructure and related costs, for in-city and
ETJ MUDs, to "hard costs" associated with on and off-site water and wastewater infrastructure and
possibly, depending on the financial analysis, for roads, and parks and trails facilities that will be
open to the general public. An ETJ MUD may also issue debt for the hard costs of parks and trails
facilities that will be open to the general public. Debt shall not be issued for "soft costs" such as
design and engineering work, landscaping, signage, maintenance nor private amenities.
c.e. To the extent possible, debt should be structured to retire nonresidential lands first so they can be
annexed, if an ETJ MUD. Where multiple are MUDs are established for a large project,
nonresidential lands should be included in the first MUD created.
d.a. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees
and fines of any kind.
e.f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county, school
district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total anticipated tax rate
over the life of the MUD.
POLICY 86: Address future municipal annexation of the MUD, when located in the ETJ.
a. A date certain for annexation of the District shall be established in its creation documents. Upon
reaching that date certain, the City retains the right to extend the annexation date or deny the
annexation. The date of annexation set with the District creation shall be indicated in a disclosure
statement to buyers of all properties within the District. Buyers shall be provided with the District's
pro-forma in an easy-to-read, understandable format that explains to the buyer that they are buying
into an obligated property and are made aware that the taxes and assessments are not imposed by
the City of Georgetown and were the choice of the developer.
b. Allow the City to set rates for water and/or sewer services for land that is in the MUD at the time
of annexation that are different from rates charged to other areas of the City consistent with the
provisions of Section 54.016(h) of the Water Code to compensate city for assumption of MUD
debt.
c. This section shall apply to a District created as an ETJ MUD that is annexed into the city limits. At
the City's option, a "limited district" may be continued in existence after annexation to maintain
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Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 7 of 9
Updated 5-15-2018
amenities or services beyond what the City typically provides for neighborhoods similarly situated.
In such cases an ETJ MUD shall enter into a SPA stating conditions on which MUD will be
converted to a limited district that will continue to exist following full purpose annexation.
Concurrently with the MUD’s confirmation election, the MUD shall hold election on proposition
to levy an O&M tax per Section 49.107 of the Water Code to provide funds to operate the limited
district following full purpose annexation by the city; the MUD shall have no right to issue bonds
until proposition to levy an O&M tax is approved.
* * * * *
2. The following additional policies shall apply to "unique factor" MUD
requests that do not meet the geographic eligibility established in UDC 13.10.030.
POLICY 9 7: Require development in a MUD to exceed minimum UDC land use and development
standards, and address the land use provisions in the Consent Agreement or related agreement:
a. Prohibit all age-restricted development; provided, however, that one section or phase of a
development may be considered for age-restricted development if it does Age restricted
developments shall not exceed 10% of the net developable land area and 10% of the total housing
units within the MUD.
b. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted as
defined the Unified Development Code, Chapter 16, of Title 7 17 of the Georgetown City Code of
Ordinances, and others as determined by City Council.
c. Require at least 20% of overall net developable land area to be used for commercial, office,
industrial or related employment (nonresidential) uses, unless located in Low Density Residential
in the City's Future Land Use Plan in which case a neighborhood- serving commercial site shall be
included.
d. Require at least 30% of the proposed land use area to be used for commercial/retail uses and to be
developed within the first 5 years of the first building permit within the MUD.
i. All efforts should be made to exclude this commercial/retail land area from the MUD in
favor of full-purpose annexation, or a Strategic Partnership Agreement (SPA) should be
required allowing the City to collect sales taxes from the area.
ii. The Strategic Partnership Agreement should provide that the City is entitled to receive up
to 100% of the sales taxes collected, and that none of those taxes should be shared with the
MUD unless special circumstances exist.
iii. City should retain site plan review to current City standards for uses other than one- and
two-family residential uses.
c. Require a diversity of housing offered within the district that is consistent with the Future Land
Use Plan. workforce housing to be provided through a homebuyers club that includes programs
such as down payment assistance, preferred sales pricing, subsidized insurance premiums, ongoing
financial counseling and homeowner maintenance training. The homebuyers club shall be open to
all current City of Georgetown, Williamson County or Georgetown Independent School District
employees at the time of closing on a property. A report shall be furnished annually to the City's
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Updated 5-15-2018
Housing Coordinator outlining the workforce housing actions undertaken with the minimum
programs being those identified above.
d. Require higher development and design standards for residential and nonresidential land uses to
promote a superior development. Examples include, but are not limited to:
1. Enhanced architectural standards; such as higher percentages of masonry on exterior walls
and variations in floor plans; and
1.2. Improved materials for signage, such as masonry bases.
e. Require public school location(s) to be provided, if desired by the applicable School District.
Location(s) of school sites should be in a central, walkable location within a residential
neighborhood away from a collector or arterial roadway identified in the Overall Transportation
Plan (OTP).
f. Require a land use plan to be attached to the Consent Agreement, and require major amendments
to a MUD land use plan shall requirebe reviewed by the Planning & Zoning Commission and
approved by City Council.
f.g. Require all in-city MUDs to submit a PUD application, concurrent with development of a consent
agreement, to memorialize development standards.
g.h. Require gross impervious cover to be kept below the maximums allowed by the UDC.
h.i. Require tree preservation to exceed minimum UDC standards. Where a site contains little existing
tree coverage, require at least two trees of 3" caliper or greater on every single family lot and
provide park and open space areas to increase gross tree canopy coverage to 40% coverage upon
tree maturity.
i.j. Require compliance with all water quality and water conservation/drought restriction ordinances
with no adverse impacts to the watershed including a preliminary plan indicating existing facilities,
proposed facilities and any improvements planned in the occupied site, spring and stream protection
zones established by the December 20, 2013 water quality ordinance.
j.k. Require protection and conservation of features unique to site such as clusters of trees,
archaeological sites, springs, the natural floodplain, recharge and karst features and historic farm
and ranch complexes.
k.l. Require higher standards for architectural design. For example, homes with front porches at
minimum 8 foot depth, 3-sides stone, stone veneer or brick masonry, variation in floor plans, and
embellished architectural treatment and masonry facades on homes facing street intersection
corners or major streets.
l.m. Require submittal and City Council approval of a pattern book with a visual representation of the
architectural styles of buildings including cornice lines, roof profiles, finish materials, windows
and ornamentation
m.n. Require landscaping along any roadways identified in the Overall Transportation Plan
commensurate to that required for Scenic/Natural Gateways as identified in Unified Development
Section 4.13.
n.o. Require Signage consistent with UDC provisions.
o.p. Require innovative or non-conventional subdivision design, such as conservation subdivision
design, housing diversity, vertical mixed use, and/or traditional neighborhood development (TND).
Consider removing, modifying, or moving Items h-p, because they a) are addressed and required
by other city codes or regulations, b) are redundant with other sections of the MUD policy;
and/or c) may create unintended consequences.
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POLICY 10 8: Require development in a MUD to exceed UDC parkland requirements (not just meet
UDC standards or less than UDC standards), and address parkland provisions in the Consent
Agreement:
a. Require a park or series of parks open to the general public within the MUD in the size and location
approved by the Parks and Recreation Board.
b. Require installation and maintenance of park facilities improvements.
c. Require maintenance access to be provided.
d. Require connections to regional trail network and adjacent uses such as schools.
e. Require regional trail network to be a minimum of 10 feet in width.
f. Require usable trailheads with off-street parking and ADA compliant trails.
g. Require financial contributions to regional park facilities such as Westside Park or Garey Park
(depending on the location of the MUD).
h. Prohibit roads through parkland in a manner that subtracts from net usable park land.
i. Require provision of security and maintenance program.
j. Require protection and perpetuation of unique features on a particular site that should be maintained
as open space whether for environmental, conservation or scenic views.
POLICY 11 9: Address transportation issues and include transportation provisions in the Consent
Agreement:
a. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on-
and off-site improvements identified in the TIA, including roadways identified in the City's Overall
Transportation Plan (OTP).
b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically- pleasing
streetscapes consistent with the OTP.
c. Require residential subdivisions to be designed with increased connectivity, reduced cul -de-sacs,
short block lengths, additional stub outs to neighbors except where developed as a conservation
subdivision pursuant to Chapter 11 of the UDC.
d. Require creative stormwater management and water quality solutions to be provided such as low
impact development ("LID") to minimize any downstream impacts.
Miscellaneous Provisions
Where not otherwise specifically addressed in this Interim Policy, the procedures in Unified Development
Chapter 13 shall prevail.
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Municipal Utility District Policy and Implementation Manual
The City of Georgetown finds that the purpose of a Municipal Utility District (MUD) is to assist
in closing the financial gap when a unique development is seeking to exceed minimum City
standards, provide a robust program of amenities, and where substantial off-site infrastructure
improvements are required that would serve the MUD and surrounding properties.
Existing Unified Development Code (UDC) Section 13.10 provides the follow statements of
purposes for creating a MUD.
The standard s established in this section are intended to carry out the following purposes:
Encourage quality development;
Protect the water quality within all watersheds of the City;
Protect the water quality of the City's drinking water sources;
Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
Provide notice to residents of the district that the City may annex the district at some future
time;
Facilitate cost-effective construction of infrastructure to serve the area within the district,
including police and fire stations, that is consistent with City standards and plans, so that
the potential financial burden on the citizens of Georgetown will be reduced, in the event
of annexation of such land by the City;
Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City's regional utility planning;
Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with
the City's water and sewer bond ordinances regarding creation of districts that
might otherwise detrimentally compete with the City's utility systems;
Establish guidelines for other mutually beneficial agreements by the City and the district;
and
Provide a procedural framework for responding to an application seeking the City's
consent to the creation of a district;
The following policies are to be used in guiding the consideration and action on requests for
creation and operation of all proposed special districts, including amendments. These policies are
reinforced in Section 13.10 of the UDC.
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POLICY 1: Basic Requirements for Creation of MUDs. MUDs are an appropriate tool to allow
urban level density neighborhoods in locations supported by the 2030 Comprehensive Plan within
the city limits. The City may alternatively consider ETJ MUDs where the City is likely to annex
the property in the future.
Before consenting to the creation of a district, the City Council should consider further whether
the creation of the district is feasible, practicable, and necessary for the provision of the proposed
services and would be a benefit to the land, and therefore warrants the City’s consent, consistent
with the other considerations in this policy.
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The development meets or exceeds the intent of the
development and design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public
benefits that advance the vision and goals of the Comprehensive Plan, such as,
but not limited to, extension, financial contribution, or enhancement of master
planned infrastructure, diversity of housing, and enhanced parks and open space
that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services
and optimizes service delivery through its design, dedication of sites,
connectivity, and other features.
4. City Exclusive Provider. The development further promotes the City as the
exclusive provider of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t
impair the City’s ability to provide municipal services;
6. Finance Plan. The developer(s) contribute financially to cover a portion of
infrastructure expenses without reimbursement by the MUD or the City;
7. Annexation. The development will not impair the City’s future annexation of
the MUD or adjacent property, or impose costs not mutually agreed upon.
POLICY 2: Provide examples of “unique factors justifying [MUD] creation or
amendments" to guide determinations made in the UDC.
Consistent with past Council actions, require the construction of specific regional infrastructure
improvements consistent with the City's comprehensive plan and master plans and that are
beneficial to the City. Examples include:
a. The acceleration of master planned public infrastructure improvements, including but not
limited to, wastewater interceptors, treatment plants, and major transportation
improvements, that not only provide a benefit to the developed property, but also to other
surrounding properties.
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b. Conservation subdivision design that clusters development in low impact areas and
maintains existing topography, scenic views, natural drainage flows and wildlife habitat.
c. Regional trail connections located across the development, as well as off-site, to fill in gaps
in the City and County trail system.
POLICY 3: Address provision of public services, and address public safety matters in the
Consent Agreement:
a. Require MUD to provide facilities to enhance public services and optimize locations for
service delivery.
b. Require donation of land to City or ESD (as applicable) for new fire station or other public
safety facility as determined by the City.
c. If the City provides fire protection services to the MUD, require payment of Fire SIP fee
(or similar fee) to fund fire station construction and operations.
d. Require roadway design to enhance access and reduce response times to existing developed
properties located outside of the MUD.
e. If located outside of the City Limits, then the MUD consent agreement may, at the City's
discretion, include an interlocal agreement ("ILA") to contract with the City of Georgetown
for fire, police, and solid waste services on terms acceptable to the City.
f. Require adequate street lighting for vehicle and pedestrian safety.
g. An ETJ MUD shall provide a maintenance program approved by the City's Transportation
Department that is consistent with City standards and shall include appropriate consultation
with the County Engineer.
POLICY 4: Address utility service issues, and include those utility service provisions in the
Consent Agreement:
a. Require all utility facilities that service the MUD to be consistent with the Utilities Master
Plan.
b. Require of the MUD that the City be the water, sewer and electric service provider where
it is located within the city’s single or multiple certificated service area. Require the cost
to relocate any existing utility infrastructure to be borne by the developer and/or MUD, not
the City.
c. Limit cost-sharing on MUD off-site improvements to only those circumstances where the
necessity for the improvement is so great that limited CIP funds are appropriate for overall
system wide improvements that benefit multiple properties (i.e., regional
improvements that the City can afford to participate in).
d. Address water and wastewater rates. Generally, rates for in-City MUD customers should
be the same as the rates for other in-City customers, and the rates for ETJ MUDs customers
should be the same as for other out of City customers.
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e. Require specific water conservation techniques that will be used to minimize demand
levels including xeriscaping, low impact development ("LID"), rainwater harvesting, grey
water reuse and other strategies in consultation with GUS.
f. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with
City of Georgetown water conservation and drought contingency plan-related ordinances.
g. For all MUDS, require impact fees to be assessed at the time of final plat approval [note:
Impact fee payments are eligible for reimbursement by the MUD]. For ETJ MUDS, require
payment of impact fees at the time the final plat is approved. For in-City MUDS, require
payment of impact fees no later than the time of building permit issuance. However, utility
capacity reservation shall not occur until impact fees are paid.
h. Address rates, treatment capacity, utility and other easements necessary for City services,
capacity for dwelling units, gallons per day usage for water and wastewater, water,
wastewater and electric infrastructure, permitting and design, and fiscal surety.
POLICY 5: Specify the amount of debt intended to be i ssued, the purpose of the debt, and
the debt service schedule, and include those financial provisions in the Consent Agreement:
a. Require a maximum bond issuance amount and schedule. Bonds, including refunding
bonds issued by the district, shall, unless otherwise agreed to by the City, comply with the
following requirements, provided such requirements do not generally render the bonds
unmarketable:
1. Maximum maturity of 25 years for any one series of bonds; and
2. The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance.
3. The last Bond issuance shall be not later than the date that is ten (10) years after the
date of the first Bond issuance.
b. Require all City property and land to be exempted from all MUD taxes, assessments,
charge, fees and fines of any kind.
c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a
maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs.
d. Limit debt issuance to capital infrastructure and related costs, for in-city and ETJ MUDs,
associated with on and off-site water and wastewater infrastructure roads, and parks and
trails facilities that will be open to the general public.
e. To the extent possible, debt should be structured to retire nonresidential lands first so they
can be annexed, if an ETJ MUD. Where multiple are MUDs are established for a large
project, nonresidential lands should be included in the first MUD created.
f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county,
school district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total
anticipated tax rate over the life of the MUD.
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POLICY 6: Address future municipal annexation of the MUD, when located in the ETJ.
a. A date certain for annexation of the District shall be established in its creation documents.
Upon reaching that date certain, the City retains the right to extend the annexation date or
deny the annexation. The date of annexation set with the District creation shall be indicated
in a disclosure statement to buyers of all properties within the District. Buyers shall be
provided with the District's pro-forma in an easy-to-read, understandable format that
explains to the buyer that they are buying into an obligated property and are made aware
that the taxes and assessments are not imposed by the City of Georgetown and were the
choice of the developer.
b. Allow the City to set rates for water and/or sewer services for land that is in the MUD at
the time of annexation that are different from rates charged to other areas of the City
consistent with the provisions of Section 54.016(h) of the Water Code to compensate city
for assumption of MUD debt.
c. This section shall apply to a District created as an ETJ MUD that is annexed into the city
limits. At the City's option, a "limited district" may be continued in existence after
annexation to maintain amenities or services beyond what the City typically provides for
neighborhoods similarly situated. In such cases an ETJ MUD shall enter into a SPA stating
conditions on which MUD will be converted to a limited district that will continue to exist
following full purpose annexation. Concurrently with the MUD’s confirmation election,
the MUD shall hold election on proposition to levy an O&M tax per Section 49.107 of the
Water Code to provide funds to operate the limited district following full purpose
annexation by the city; the MUD shall have no right to issue bonds until proposition to levy
an O&M tax is approved.
POLICY 7: Require development in a MUD to exceed minimum UDC land use and
development standards, and address the land use provisions in the Consent Agreement or
related agreement:
a. Age restricted developments shall not exceed 10% of the net developable land area and
10% of the total housing units within the MUD.
b. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted
as defined the Unified Development Code, Chapter 16, of Title 17 of the Georgetown City
Code of Ordinances, and others as determined by City Council.
i. All efforts should be made to exclude commercial/retail land area from the MUD
in favor of full-purpose annexation, or a Strategic Partnership Agreement (SPA)
should be required allowing the City to collect sales taxes from the area.
ii. The Strategic Partnership Agreement should provide that the City is entitled to
receive up to 100% of the sales taxes collected, and that none of those taxes should
be shared with the MUD unless special circumstances exist.
iii. City should retain site plan review to current City standards for uses other than one-
and two-family residential uses.
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c. Require a diversity of housing offered within the district that is consistent with the Future
Land Use Plan.
d. Require higher development and design standards for residential and nonresidential land
uses to promote a superior development. Examples include, but are not limited to:
1. Enhanced architectural standards; such as higher percentages of masonry on
exterior walls and variations in floor plans; and
2. Improved materials for signage, such as masonry bases.
e. Require public school location(s) to be provided, if desired by the applicable School
District. Location(s) of school sites should be in a central, walkable location within a
residential neighborhood away from a collector or arterial roadway identified in the Overall
Transportation Plan (OTP).
f. Require a land use plan to be attached to the Consent Agreement, and require major
amendments to a MUD land use plan be reviewed by the Planning & Zoning Commission
and approved by City Council.
g. Require all in-city MUDs to submit a PUD application, concurrent with development of a
consent agreement, to memorialize development standards.
h. Require gross impervious cover to be kept below the maximums allowed by the UDC.
i. Require tree preservation to exceed minimum UDC standards. Where a site contains little
existing tree coverage, require at least two trees of 3" caliper or greater on every single
family lot and provide park and open space areas to increase gross tree canopy coverage to
40% coverage upon tree maturity.
j. Require compliance with all water quality and water conservation/drought restriction
ordinances with no adverse impacts to the watershed including a preliminary plan
indicating existing facilities, proposed facilities and any improvements planned in the
occupied site, spring and stream protection zones established by the December 20, 2013
water quality ordinance.
k. Require protection and conservation of features unique to site such as clusters of trees,
archaeological sites, springs, the natural floodplain, recharge and karst features and historic
farm and ranch complexes.
l. Require higher standards for architectural design. For example, homes with front porches
at minimum 8 foot depth, 3-sides stone, stone veneer or brick masonry, variation in floor
plans, and embellished architectural treatment and masonry facades on homes facing street
intersection corners or major streets.
m. Require submittal and City Council approval of a pattern book with a visual representation
of the architectural styles of buildings including cornice lines, roof profiles, finish
materials, windows and ornamentation
n. Require landscaping along any roadways identified in the Overall Transportation Plan
commensurate to that required for Scenic/Natural Gateways as identified in Unified
Development Section 4.13.
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o. Require Signage consistent with UDC provisions.
p. Require innovative or non-conventional subdivision design, such as conservation
subdivision design, housing diversity, vertical mixed use, and/or traditional neighborhood
development (TND).
POLICY 8: Require development in a MUD to exceed UDC parkland requirements (not just
meet UDC standards or less than UDC standards), and address parkland provisions in the
Consent Agreement:
a. Require a park or series of parks open to the general public within the MUD in the size and
location approved by the Parks and Recreation Board.
b. Require installation and maintenance of park facilities improvements.
c. Require maintenance access to be provided.
d. Require connections to regional trail network and adjacent uses such as schools.
e. Require regional trail network to be a minimum of 10 feet in width.
f. Require usable trailheads with off-street parking and ADA compliant trails.
g. Require financial contributions to regional park facilities such as Westside Park or Garey
Park (depending on the location of the MUD).
h. Prohibit roads through parkland in a manner that subtracts from net usable park land.
i. Require provision of security and maintenance program.
j. Require protection and perpetuation of unique features on a particular site that should be
maintained as open space whether for environmental, conservation or scenic views.
POLICY 9: Address transportation issues and include transportation provisions in the
Consent Agreement:
a. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of
both on- and off-site improvements identified in the TIA, including roadways identified in
the City's Overall Transportation Plan (OTP).
b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically-
pleasing streetscapes consistent with the OTP.
c. Require residential subdivisions to be designed with increased connectivity, reduced cul -
de-sacs, short block lengths, additional stub outs to neighbors except where developed as
a conservation subdivision pursuant to Chapter 11 of the UDC.
Consider removing, modifying, or moving Items h-p, because they a) are addressed and required by
other city codes or regulations, b) are redundant with other sections of the MUD policy; and/or c)
may create unintended consequences.
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d. Require creative stormwater management and water quality solutions to be provided such
as low impact development ("LID") to minimize any downstream impacts.
Miscellaneous Provisions
Where not otherwise specifically addressed in this Policy, the procedures in Unified Development
Chapter 13 shall prevail.
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Unified Development Code (UDC)
13.10 Creation of Special Districts
13.10.10 Purpose and Intent
To provide for the prudent use of political subdivisions that are created pursuant to Article III,
Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by
law to provide water, wastewater, drainage, and other services ("districts"), in order to allow
development within the City's corporate boundaries and extraterritorial jurisdiction that is
generally consistent with the City's Comprehensive Plan.
This section is intended to be equitably applied to the creation of, inclusion of land within, and
operation of all proposed districts, while allowing flexibility necessary to address unique factors
that may arise with respect to each proposed district.
Prior to considering whether to consent to or support the creation of a district, the City will consider
whether the City is able to provide water and/or wastewater service to the area proposed to be
included in the district and whether such area is within the City's projected ultimate city limit
boundary.
The standards established in this section are intended to carry out the following purposes:
• Encourage quality development;
• Protect the water quality within all watersheds of the City;
• Protect the water quality of the City's drinking water sources;
• Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Provide notice to residents of the district that the City may annex the district at some future
time;
• Facilitate cost-effective construction of infrastructure to serve the area within the district,
including police and fire stations, that is consistent with City standards and plans, so that
the potential financial burden on the citizens of Georgetown will be reduced, in the event
of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City's regional utility planning.
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• Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with
the City's water and sewer bond ordinances regarding creation of districts that might
otherwise detrimentally compete with the City's utility systems;
• Establish guidelines for other mutually beneficial agreements by the City and the district;
and
• Provide a procedural framework for responding to an application seeking the City's consent
to the creation of a district.
13.10.20 Definitions
A. Bond. Instrument, including a bond, note, certificate of participation or other instrument
evidencing a proportionate interest in payments due to be paid by an issuer or other type
of obligation that: (1) is issued or incurred by an issuer under the issuer's borrowing power;
without regard to whether it is subject to annual appropriation; and (2) is represented by an
instrument issued in bearer or registered form or is not represented by an instrument but
the transfer of which is registered on books maintained for that purpose by or on behalf of
the issuer.
B. Certificate of convenience and necessity (CCN). A permit issued by the Texas
Commission on Environmental Quality ("TCEQ") authorizing a specified utility to be the
retail water or sewer service provider in a specified area.
C. City Council. City Council of the City of Georgetown.
D. Consent agreement. An agreement between the City and owners and developers of land
in a proposed district which, if agreed to, shall be attached to the consent resolution adopted
by the City Council.
E. Consent resolution. A resolution approved by the City Council setting forth terms of its
consent to creation of a district.
F. Consent to creation of a district. Authorization for the owners of land in a proposed
district to initiate proceedings to create a district as provided by law.
G. District. A municipal utility district ("MUD"), water control and improvement district
("WCID"), flesh water supply district ("FWSD"), or similar political subdivision created
to provide water, sewer or drainage utility services, roads, or other services allowed by law
to a specified area, pursuant to Article III, Section 52, and/or Article XVI, Section 59, of
the Texas Constitution.
H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles
from the City limit, excluding other incorporated municipalities and their ETJ, in which
the City has the authority to annex property, as determined in accordance with Chapter 42
of the Local Government Code.
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I. Strategic partnership agreement. An agreement between the City and a district
addressing the relationship between the City and the district, including limited purpose
annexation of commercial areas and other matters pursuant to Section 43.0751 of the Local
Government Code.
J. TCEQ. The Texas Commission on Environmental Quality or its successor.
13.10.30 Prerequisites to Consent to Creation of a District
Before consenting to the creation of a district, the City Council should consider further whether
the creation of the district is feasible, practicable, and necessary for the provision of the proposed
services and would be a benefit to the land, and therefore warrants the City’s consent, consistent
with the other considerations.
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The development meets or exceeds the intent of the development
and design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public benefits that
advance the vision and goals of the Comprehensive Plan, such as, but not limited to,
extension, financial contribution, or enhancement of master planned infrastructure,
diversity of housing, and enhanced parks and open space that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services and
optimizes service delivery through its design, dedication of sites, connectivity, and
other features.
4. City Exclusive Provider. The development further promotes the City as the exclusive
provider of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t impair the
cCity’s ability to provide municipal services;
6. Finance Plan. The will require the developer(s) to contribute financially to cover a
portion of infrastructure expenses without the reimbursement by the MUD or the City;
7. Annexation. ItThe development will not impair the City’s future annexation of the
MUD or adjacent property, or impose costs not mutually agreed upon.
A. Before the City Council consents to creation of a district, the following issues shall be
considered in accordance with this chapter:
1. If applicable, whether the area proposed for inclusion in the district meets criteria
for annexation set out in the City's annexation policy and is within the City's
projected ultimate city limit boundary; and
2. Whether the City will provide water and/or wastewater services to the land within
the proposed district at a reasonable cost and will commence construction of
facilities necessary to serve the land within 2 years and substantially complete such
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construction within 41h years after submittal of the petition pursuant to the City's
policies on the extension of utility services.
B. If the determination on both issues 1and 2 above is negative, then before consenting to the
creation of a district, the City Council shall consider further whether the creation of the
district is feasible, practicable, necessary for the provision of the proposed services and
would be a benefit to the land, and therefore warrants the City's consent, consistent with
the other considerations in this policy.
C. If the determination on either of the two issues is affirmative, then the City Council shall
not consent to creation of the district unless the applicant demonstrates that unique factors
justify its creation. If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the
proposed district and a majority of the qualified voters concerning the City's
provision of water and wastewater services, upon receipt of a petition submitted by
such persons in accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
13.10.40 Staff Analysis
Upon receipt of an application seeking the City's consent to creation of a district and after a
preliminary determination of the prerequisites in Section 13.10.030, a cross-departmental “MUD
Petition Review Team” comprised, at a minimum, of members of the planning, utility, finance,
parks, public safety, and legal departments, City staff shall analyze the proposed development and
its potential impact on facilities and services. The applicant shall provide the following preliminary
information relative to the land proposed to be included in the district, if available:
A. Engineering report showing:
1. Preliminary water availability study, including copies of any proposed contracts;
2. Preliminary wastewater treatment availability, including copies of any proposed
contracts;
3. Preliminary drainage study; and
4. Preliminary road study for any roads proposed to be reimbursed by bonds.
B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects,
and any other proposed district facilities to be reimbursed or paid for by the issuance of
district bonds;
C. Master development plan showing general layout of proposed land uses; major streets and
roads; water, wastewater, and drainage facilities; and any other district facilities;
D. Information concerning provision of firefighting and law enforcement services;
E. Estimated buildout schedule by year with estimated assessed valuations in the district;
F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service
requirements, and projected district tax rate;
G. District boundary and vicinity map;
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H. Traffic study identifying potential impacts on:
1. The City's road system serving the land proposed to be included in the district, if all or
any portion of the land is located within the City or within two miles of the City's
boundaries; and
2. The county's road system, this traffic study is in addition to any traffic studies required
by the City's subdivision regulations in connection with submittal of subdivision plats;
3. If all or any portion of the proposed district is located outside the City's boundaries,
proof that the applicant has provided the following information by certified mail to the
Williamson County Judge and each member of the Commissioners Court: the name,
acreage, and location of the proposed district, buildout schedule, estimated population
on total buildout, and map of the area;
4. Such other information as City staff may reasonably require to analyze the need for the
proposed facilities and the development's potential impact; and
5. Any proposed City consent agreements.
In addition to the items already listed above and the information required to determine compliance
with Section 13.10.050, in order to assist boards, commissions and the City Council with
understanding the financing related aspects, require applications to submit the following:
1. A detailed project pro-forma with assumptions of different tax rates and homes at
various price points,
2. A marketing study completed within the previous six months of the date the petition
indicating project feasibility based on regional market absorption rates that
indicates projections in residential units per year for specific years of the
development. The marketing study should include all proposed uses within the
MUD.
3. A clear and understandable comparing MUD financed development to non-- MUD
financed development should also be included in these submittals including
projections of municipal property tax generation.
4. A copy of the petitioner's financial statement and a detailed description of the
petitioner's experience with MUDs. If petitioner and developer are the not the same,
provide documentation explaining the relationship between the petitioner and
developer.
5. Documentation that all lien holders consent to the formation of the proposed MUD.
To streamline processing of MUD petitions, allow staff to defer comprehensive review and
consideration of applications until a complete application and all supporting materials are
submitted.
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13.10.50 Conditions to City's Consent to Creation of a District
If the City Council elects to consent to the creation of or inclusion of land within a district, then it
shall impose the following requirements as conditions of the City's consent, and such requirements
shall be stipulated in the consent resolution and/or other ancillary agreement, unless the City
Council determines that requirements are not appropriate with regard to a specific district.
A. All parkland, trails, water, wastewater, drainage, and road infrastructure and facilities as
well as any other infrastructure or facilities to be reimbursed or paid for by the issuance of
district bonds, shall be designed and constructed to City standards, including without
limitation fire flow standards and utility and road design, construction and installation
standards, in accordance with plans and specifications that have been approved by the City.
In the event of a conflict between City water and wastewater standards and standards
imposed by the CCN holder for the proposed district, City standards shall prevail, unless
otherwise agreed by the City.
B. The City shall have the right to inspect all facilities being constructed by or on behalf of
the district and to charge inspection fees consistent with the City's inspection fee schedule,
as amended from time to time.
B.C. The City has established a maximum tax rate of $0.55/$100 of assessed valuation
for in-city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ
MUDs.
C.D. Bonds, including refunding bonds issued by the district, shall, unless otherwise
agreed to by the City, comply with the following requirements, provided such requirements
do not generally render the bonds unmarketable:
1. The last Bond issuance shall be not later than the date that is ten (10) years after the
date of the first Bond issuance;
1. Maximum maturity of 250 years for any one series of bonds;
2.
2.3.Interest rate that does not exceed 2% above the highest average interest rate reported
by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period
preceding the date notice of the sale of such bonds is given;
3.4.The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance,
without premium. No variable rate bonds shall be issued by a district without City
Council approval; and
4.5.Any refunding bonds of the district must provide for a minimum of 3% present value
savings and that the latest maturity of the refunding bonds may not extend beyond the
latest maturity of the refunded bonds unless approved by the City Council.
D.E. The City shall require the following information with respect to bond issuance:
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1. At least 30 days before issuance of bonds, except refunding bonds, the district's
financial advisor shall certify in writing that the bonds are being issued within the
existing economic feasibility guidelines established by the TCEQ for districts issuing
bonds for water, sewer, or drainage facilities in the county in which the district is
located and shall deliver the certification to the City Secretary, and the City.
2. At least 30 days before the issuance of bonds, the district shall deliver to the City
Secretary, and the City Manager notice as to:
a. The amount of bonds being proposed for issuance;
b. The projects to be funded by such bonds; and
c. The proposed debt service tax rate after issuance of the bonds.
d. If the district is not required to obtain TCEQ approval of the issuance of the
bonds (other than refunding bonds), the district shall deliver such notice to the
City Secretary, and the City Manager at least 60 days prior to issuing such
bonds. Within 30 days after the district closes the sale of a series of bonds, the
district shall deliver to the City Secretary, and the City Manager a copy of the
final official statement for such series of bonds. If the City requests additional
information regarding such issuance of bonds, the district shall promptly
provide such information at no cost to City.
E.F. The purposes for which a district may issue bonds shall be restricted to the
purchase, construction, acquisition, repair, extension and improvement of land, easements,
works, improvements, facilities, plants, equipment, and appliances necessary to:
1. Provide a water supply for the district for municipal uses, domestic uses, and
commercial purposes;
2. Collect, transport, process, dispose of and control all domestic, industrial or communal
wastes from the district whether in fluid, solid, or composite state;
3. Gather, conduct, divert, and control local storm water or other local harmful excesses
of water in the district; and
4. Pay organization and administrative expenses, operation expenses during construction,
cost of issuance, interest during construction, and capitalized interest.
5. If appropriate in a particular district, the City may consent to issuance of bonds for
purchase, construction, acquisition, repair, extension, or improvement of fi re stations,
roads, and/or other capital improvements that are mutually agreed upon by the City
Council and the applicant.
F.G. The district shall contain sufficient acreage to assure the economic viability of the
district but no more acreage than can feasibly be annexed at one time. In general, a district
is not expected to include less than 200 acres or more than 500 acres.
G.H. Development within the district shall be consistent with the City's Comprehensive
Plan.
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H.I. No district shall include land in more than one city's Extraterritorial Jurisdiction.
I.J. The City and the owners of all land in the proposed district shall reach agreement on the
terms of a development agreement pursuant to Local Government Code, Section 212.171,
et seq. to extend the City's planning authority over land included in the district by providing
for approval of a development plan, authorizing enforcement by the City of land use and
development regulations, and including other lawful terms and considerations the parties
consider appropriate. The development agreement shall include provisions relating to the
following matters:
1. Land use plan reflecting all approved land uses and residential densities;
2. Compliance with City construction Codes, including permit requirements;
3. Compliance with City and other applicable stormwater and water quality regulations;
4. Development standards comparable to City zoning regulations; and
5. Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will cooperate to
identify those matters unique to the district that may be addressed in a consent or development
agreement.
J.K. At least 30 days before issuance of bonds, the district shall certify in writing that
the district is in full compliance with the consent resolution approved by the City Council
and, to the extent such agreements impose requirements on the district, with the consent
agreement, strategic partnership agreement and all other agreements executed by the City
and the district, and shall deliver the certification to the City Secretary, and the City
Manager.
K.L. No land within the district shall be allowed, at any time in the future, to incorporate,
join in an incorporation, or be annexed into any incorporated city other than the City of
Georgetown.
L.M. No land shall be annexed by the district without prior City Council approval.
M.N. The district shall not construct or install infrastructure or facilities to serve areas
outside the district or sell or deliver services to areas outside the district without prior City
Council approval.
N.O. After creation of the district, and unless otherwise expressly authorized by the
consent agreement or development agreement, no district shall be converted into another
type of district, consolidated with another district, divided into two or more new districts
or seek additional governmental powers that were beyond its statutory authority at the time
the district was created, without prior City Council approval.
O.P. If allowed by law, the City may annex any commercial development within the
district for limited purposes pursuant to Local Government Code, Section 43.0751, and
may impose a sales and use tax within the area annexed for limited purposes. If limited
purpose annexation is not allowed by law, then the City may not consent to inclusion of
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commercial retail areas within the district. The City may consider sharing tax receipts with
the district, provided the district's share is used to finance infrastructure, retire bond debt
or for other purposes acceptable to the City.
P.Q. The district shall not issue any bonds other than those authorized by the consent
agreement without City Council approval.
Q.R. The district shall file a notice in the real property records of all counties in which
the district is located stating that the City has authority to annex the district. The parties
may attach a form of such notice to the consent agreement or development agreement.
R.S. The district shall send a copy of the order or other action setting an ad valorem tax
rate to the City Secretary, and the City Manager within 30 days after district adoption of
the rate.
S.T. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
T.U. The City shall encourage the district to maintain a debt service structure that will
ensure that the district's taxes are maintained at a rate at least equal to the City's tax rate, to
the extent feasible.
V. The district shall provide copies of any material event notices filed under applicable federal
securities laws or regulations to the City Secretary, and the City Manager within 30 days
after filing such notices with the applicable federal agency.
U.W. The district or applicant shall dedicate land to enhance public safety and optimize
locations for service delivery.
X. Construction of capital improvements such as fire stations and recreational amenities shall
be encouraged, or fee in lieu.
V.Y. The district or applicant shall agree that the City is the exclusive provider of water,
sewer, and electric utilities where it is located within the City’s single or multiple
certificated service area.
W.Z. Sharing of fire stations, recreational amenities, and other capital improvements by
the City and the district shall be encouraged.
X.AA. If construction or expansion of a wastewater treatment facility is proposed to serve
the district, the plant design shall conform to all applicable state and federal permitting and
design standards. In addition, any wastewater discharge shall be permitted to meet effluent
limitations no less stringent than 5-5-2-1 (5 parts per million {"ppm"} biochemical oxygen
demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1ppm phosphorus) or the
current limits in permit(s) held by the City, whichever is strictest. The City reserves the
right to protest any wastewater treatment facility permit application or amendment.
Y.BB. The board of directors of the district and landowners within the district shall assist
the City in annexing one or more areas as reasonably necessary for the City to connect
areas to the City that are outside the district and that the City intends to annex in the
foreseeable future.
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Z.CC. The City shall require the district to complete a traffic impact analysis pursuant to
Section 12.05 of this Code.
AA.DD. The City may agree not to annex and dissolve the district any earlier than the first
to occur of: (i) extension of water, sanitary sewer, and drainage facilities to serve 90% of
the land within the district; or (ii) 15 years after creation of the district. The contract
between the City and the district may provide that the City may set rates for water and/or
sewer services for property that was within the district that vary from those for other
properties within the City in order to compensate the City for assumption of district
obligations upon annexation, in compliance with any statutory requirements applicable to
such an agreement.
BB.EE. The consent agreement and ancillary documents shall include terms providing for
the district to be fully developed and ready for full purpose annexation by the City within
a reasonable time period.
CC.FF. The applicant shall reimburse the City for expenses incurred by the City in
connection with the City's consent to formation of the district, including but not limited to
professional fees incurred in connection with negotiation and preparation of the consent
resolution, consent agreement, development agreement, strategic partnership agreement,
and related documents.
13.10.060 City Operations Compensation Fee
A fee shall be assessed for each residential unit within the district equal to the proportion of City
operations attributed to serving residents of the district. The fee shall be calculated as follows:
B = Total General Fund budget for the fiscal year in which the consent application is filed.
P = The estimated population of the City at the time the consent application is filed.
H= The estimated average household size within the City at the time the consent application is
filed.
D = The percentage of City services used by district residents. This percentage shall be adopted
by the City annually as a part of the City's budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget
adoption process.
PV = Present Value.
City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D))
Example: B
=
$24,000,000
P =
41,000
H = 2.8 D = 15%
Y = 20
R = 6%
Fee =
$2,819
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Unified Development Code (UDC)
13.10 Creation of Special Districts
13.10.10 Purpose and Intent
To provide for the prudent use of political subdivisions that are created pursuant to Article III,
Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by
law to provide water, wastewater, drainage, and other services ("districts"), in order to allow
development within the City's corporate boundaries and extraterritorial jurisdiction that is
generally consistent with the City's Comprehensive Plan.
This section is intended to be equitably applied to the creation of, inclusion of land within, and
operation of all proposed districts, while allowing flexibility necessary to address unique factors
that may arise with respect to each proposed district.
Prior to considering whether to consent to or support the creation of a district, the City will consider
whether the City is able to provide water and/or wastewater service to the area proposed to be
included in the district and whether such area is within the City's projected ultimate city limit
boundary.
The standards established in this section are intended to carry out the following purposes:
• Encourage quality development;
• Protect the water quality within all watersheds of the City;
• Protect the water quality of the City's drinking water sources;
• Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Provide notice to residents of the district that the City may annex the district at some future
time;
• Facilitate cost-effective construction of infrastructure to serve the area within the district,
including police and fire stations, that is consistent with City standards and plans, so that
the potential financial burden on the citizens of Georgetown will be reduced, in the event
of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City's regional utility planning.
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• Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with
the City's water and sewer bond ordinances regarding creation of districts that might
otherwise detrimentally compete with the City's utility systems;
• Establish guidelines for other mutually beneficial agreements by the City and the district;
and
• Provide a procedural framework for responding to an application seeking the City's consent
to the creation of a district;
13.10.20 Definitions
A. Bond. Instrument, including a bond, note, certificate of participation or other instrument
evidencing a proportionate interest in payments due to be paid by an issuer or other type
of obligation that: (1) is issued or incurred by an issuer under the issuer's borrowing power;
without regard to whether it is subject to annual appropriation; and (2) is represented by an
instrument issued in bearer or registered form or is not represented by an instrument but
the transfer of which is registered on books maintained for that purpose by or on behalf of
the issuer.
B. Certificate of convenience and necessity (CCN). A permit issued by the Texas
Commission on Environmental Quality ("TCEQ") authorizing a specified utility to be the
retail water or sewer service provider in a specified area.
C. City Council. City Council of the City of Georgetown.
D. Consent agreement. An agreement between the City and owners and developers of land
in a proposed district which, if agreed to, shall be attached to the consent resolution adopted
by the City Council.
E. Consent resolution. A resolution approved by the City Council setting forth terms of its
consent to creation of a district.
F. Consent to creation of a district. Authorization for the owners of land in a proposed
district to initiate proceedings to create a district as provided by law.
G. District. A municipal utility district ("MUD"), water control and improvement district
("WCID"), flesh water supply district ("FWSD"), or similar political subdivision created
to provide water, sewer or drainage utility services, roads, or other services allowed by law
to a specified area, pursuant to Article III, Section 52, and/or Article XVI, Section 59, of
the Texas Constitution.
H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles
from the City limit, excluding other incorporated municipalities and their ETJ, in which
the City has the authority to annex property, as determined in accordance with Chapter 42
of the Local Government Code.
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I. Strategic partnership agreement. An agreement between the City and a district
addressing the relationship between the City and the district, including limited purpose
annexation of commercial areas and other matters pursuant to Section 43.0751 of the Local
Government Code.
J. TCEQ. The Texas Commission on Environmental Quality or its successor.
13.10.30 Prerequisites to Consent to Creation of a District
Before consenting to the creation of a district, the City Council should consider further whether
the creation of the district is feasible, practicable, and necessary for the provision of the proposed
services and would be a benefit to the land, and therefore warrants the City’s consent, consistent
with the other considerations.
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The development meets or exceeds the intent of the development
and design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public benefits that
advance the vision and goals of the Comprehensive Plan, such as, but not limited to,
extension, financial contribution, or enhancement of master planned infrastructure,
diversity of housing, and enhanced parks and open space that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services and
optimizes service delivery through its design, dedication of sites, connectivity, and
other features.
4. City Exclusive Provider. The development further promotes the City as the exclusive
provider of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t impair the
City’s ability to provide municipal services;
6. Finance Plan. The developer(s) contribute financially to cover a portion of
infrastructure expenses without reimbursement by the MUD or the City;
7. Annexation. The development will not impair the City’s future annexation of the MUD
or adjacent property, or impose costs not mutually agreed upon.
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13.10.40 Staff Analysis
Upon receipt of an application seeking the City's consent to creation of a district and after a
preliminary determination of the prerequisites in Section 13.10.030, a cross-departmental “MUD
Petition Review Team” comprised, at a minimum, of members of the planning, utility, finance,
parks, public safety, and legal departments, shall analyze the proposed development and its
potential impact on facilities and services. The applicant shall provide the following preliminary
information relative to the land proposed to be included in the district, if available:
A. Engineering report showing:
1. Preliminary water availability study, including copies of any proposed contracts;
2. Preliminary wastewater treatment availability, including copies of any proposed
contracts;
3. Preliminary drainage study; and
4. Preliminary road study for any roads proposed to be reimbursed by bonds.
B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects,
and any other proposed district facilities to be reimbursed or paid for by the issuance of
district bonds;
C. Master development plan showing general layout of proposed land uses; major streets and
roads; water, wastewater, and drainage facilities; and any other district facilities;
D. Information concerning provision of firefighting and law enforcement services;
E. Estimated buildout schedule by year with estimated assessed valuations in the district;
F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service
requirements, and projected district tax rate;
G. District boundary and vicinity map;
H. Traffic study identifying potential impacts on:
1. The City's road system serving the land proposed to be included in the district, if all or
any portion of the land is located within the City or within two miles of the City's
boundaries; and
2. The county's road system, this traffic study is in addition to any traffic studies required
by the City's subdivision regulations in connection with submittal of subdivision plats;
3. If all or any portion of the proposed district is located outside the City's boundaries,
proof that the applicant has provided the following information by certified mail to the
Williamson County Judge and each member of the Commissioners Court: the name,
acreage, and location of the proposed district, buildout schedule, estimated population
on total buildout, and map of the area;
4. Such other information as City staff may reasonably require to analyze the need for the
proposed facilities and the development's potential impact; and
5. Any proposed City consent agreements.
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In addition to the items already listed above and the information required to determine compliance
with Section 13.10.050, in order to assist boards, commissions and the City Council with
understanding the financing related aspects, require applications to submit the following:
1. A detailed project pro-forma with assumptions of different tax rates and homes
at various price points,
2. A marketing study completed within the previous six months of the date the
petition indicating project feasibility based on regional market absorption rates
that indicates projections in residential units per year for specific years of the
development. The marketing study should include all proposed uses within the
MUD.
3. A clear and understandable comparing MUD financed development to non--
MUD financed development should also be included in these submittals
including projections of municipal property tax generation.
4. A copy of the petitioner's financial statement and a detailed description of the
petitioner's experience with MUDs. If petitioner and developer are the not the
same, provide documentation explaining the relationship between the petitioner
and developer.
5. Documentation that all lien holders consent to the formation of the proposed
MUD.
To streamline processing of MUD petitions, allow staff to defer comprehensive review and
consideration of applications until a complete application and all supporting materials are
submitted.
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13.10.50 Conditions to City's Consent to Creation of a District
If the City Council elects to consent to the creation of or inclusion of land within a district, then it
shall impose the following requirements as conditions of the City's consent, and such requirements
shall be stipulated in the consent resolution and/or other ancillary agreement, unless the City
Council determines that requirements are not appropriate with regard to a specific district.
A. All parkland, trails, water, wastewater, drainage, and road infrastructure and facilities as
well as any other infrastructure or facilities to be reimbursed or paid for by the issuance of
district bonds, shall be designed and constructed to City standards, including without
limitation fire flow standards and utility and road design, construction and installation
standards, in accordance with plans and specifications that have been approved by the City.
In the event of a conflict between City water and wastewater standards and standards
imposed by the CCN holder for the proposed district, City standards shall prevail, unless
otherwise agreed by the City.
B. The City shall have the right to inspect all facilities being constructed by or on behalf of
the district and to charge inspection fees consistent with the City's inspection fee schedule,
as amended from time to time.
C. The City has established a maximum tax rate of $0.55/$100 of assessed valuation for in-
city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs.
D. Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to
by the City, comply with the following requirements, provided such requirements do not
generally render the bonds unmarketable:
1. The last Bond issuance shall be not later than the date that is ten (10) years after the
date of the first Bond issuance;
2. Maximum maturity of 25 years for any one series of bonds;
3. Interest rate that does not exceed 2% above the highest average interest rate reported
by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period
preceding the date notice of the sale of such bonds is given;
4. The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance,
without premium. No variable rate bonds shall be issued by a district without City
Council approval; and
5. Any refunding bonds of the district must provide for a minimum of 3% present value
savings and that the latest maturity of the refunding bonds may not extend beyond the
latest maturity of the refunded bonds unless approved by the City Council.
E. The City shall require the following information with respect to bond issuance:
1. At least 30 days before issuance of bonds, except refunding bonds, the district's
financial advisor shall certify in writing that the bonds are being issued within the
existing economic feasibility guidelines established by the TCEQ for districts issuing
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bonds for water, sewer, or drainage facilities in the county in which the district is
located and shall deliver the certification to the City Secretary, and the City.
2. At least 30 days before the issuance of bonds, the district shall deliver to the City
Secretary, and the City Manager notice as to:
a. The amount of bonds being proposed for issuance;
b. The projects to be funded by such bonds; and
c. The proposed debt service tax rate after issuance of the bonds.
d. If the district is not required to obtain TCEQ approval of the issuance of the
bonds (other than refunding bonds), the district shall deliver such notice to the
City Secretary, and the City Manager at least 60 days prior to issuing such
bonds. Within 30 days after the district closes the sale of a series of bonds, the
district shall deliver to the City Secretary, and the City Manager a copy of the
final official statement for such series of bonds. If the City requests additional
information regarding such issuance of bonds, the district shall promptly
provide such information at no cost to City.
F. The purposes for which a district may issue bonds shall be restricted to the purchase,
construction, acquisition, repair, extension and improvement of land, easements, works,
improvements, facilities, plants, equipment, and appliances necessary to:
1. Provide a water supply for the district for municipal uses, domestic uses, and
commercial purposes;
2. Collect, transport, process, dispose of and control all domestic, industrial or communal
wastes from the district whether in fluid, solid, or composite state;
3. Gather, conduct, divert, and control local storm water or other local harmful excesses
of water in the district; and
4. Pay organization and administrative expenses, operation expenses during construction,
cost of issuance, interest during construction, and capitalized interest.
5. If appropriate in a particular district, the City may consent to issuance of bonds for
purchase, construction, acquisition, repair, extension, or improvement of fire stations,
roads, and/or other capital improvements that are mutually agreed upon by the City
Council and the applicant.
G. The district shall contain sufficient acreage to assure the economic viability of the district
but no more acreage than can feasibly be annexed at one time. In general, a district is not
expected to include less than 200 acres or more than 500 acres.
H. Development within the district shall be consistent with the City's Comprehensive Plan.
I. No district shall include land in more than one city's Extraterritorial Jurisdiction.
J. The City and the owners of all land in the proposed district shall reach agreement on the
terms of a development agreement pursuant to Local Government Code, Section 212.171,
et seq. to extend the City's planning authority over land included in the district by providing
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Revised Section 13.10 of UDC to be consistent with Revised Interim MUD Policy dated 5-15-2018 CLEAN
Page 8 of 10
Updated 5-15-2018
for approval of a development plan, authorizing enforcement by the City of land use and
development regulations, and including other lawful terms and considerations the parties
consider appropriate. The development agreement shall include provisions relating to the
following matters:
1. Land use plan reflecting all approved land uses and residential densities;
2. Compliance with City construction Codes, including permit requirements;
3. Compliance with City and other applicable stormwater and water quality regulations;
4. Development standards comparable to City zoning regulations; and
5. Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will cooperate to
identify those matters unique to the district that may be addressed in a consent or development
agreement.
K. At least 30 days before issuance of bonds, the district shall certify in writing that the district
is in full compliance with the consent resolution approved by the City Council and, to the
extent such agreements impose requirements on the district, with the consent agreement,
strategic partnership agreement and all other agreements executed by the City and the
district, and shall deliver the certification to the City Secretary, and the City Manager.
L. No land within the district shall be allowed, at any time in the future, to incorporate, join
in an incorporation, or be annexed into any incorporated city other than the City of
Georgetown.
M. No land shall be annexed by the district without prior City Council approval.
N. The district shall not construct or install infrastructure or facilities to serve areas outside
the district or sell or deliver services to areas outside the district without prior City Council
approval.
O. After creation of the district, and unless otherwise expressly authorized by the consent
agreement or development agreement, no district shall be converted into another type of
district, consolidated with another district, divided into two or more new districts or seek
additional governmental powers that were beyond its statutory authority at the time the
district was created, without prior City Council approval.
P. If allowed by law, the City may annex any commercial development within the district for
limited purposes pursuant to Local Government Code, Section 43.0751, and may impose a
sales and use tax within the area annexed for limited purposes. If limited purpose
annexation is not allowed by law, then the City may not consent to inclusion of commercial
retail areas within the district. The City may consider sharing tax receipts with the district,
provided the district's share is used to finance infrastructure, retire bond debt or for other
purposes acceptable to the City.
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Revised Section 13.10 of UDC to be consistent with Revised Interim MUD Policy dated 5-15-2018 CLEAN
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Updated 5-15-2018
Q. The district shall not issue any bonds other than those authorized by the consent agreement
without City Council approval.
R. The district shall file a notice in the real property records of all counties in which the district
is located stating that the City has authority to annex the district. The parties may attach a
form of such notice to the consent agreement or development agreement.
S. The district shall send a copy of the order or other action setting an ad valorem tax rate to
the City Secretary, and the City Manager within 30 days after district adoption of the rate.
T. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
U. The City shall encourage the district to maintain a debt service structure that will ensure
that the district's taxes are maintained at a rate at least equal to the City's tax rate, to the
extent feasible.
V. The district shall provide copies of any material event notices filed under applicable federal
securities laws or regulations to the City Secretary, and the City Manager within 30 days
after filing such notices with the applicable federal agency.
W. The district or applicant shall dedicate land to enhance public safety and optimize locations
for service delivery.
X. Construction of capital improvements such as fire stations and recreational amenities shall
be encouraged, or fee in lieu.
Y. The district or applicant shall agree that the City is the exclusive provider of water, sewer,
and electric utilities where it is located within the City’s single or multiple certificated
service area.
Z. Sharing of fire stations, recreational amenities, and other capital improvements by the City
and the district shall be encouraged.
AA. If construction or expansion of a wastewater treatment facility is proposed to serve the
district, the plant design shall conform to all applicable state and federal permitting and
design standards. In addition, any wastewater discharge shall be permitted to meet effluent
limitations no less stringent than 5-5-2-1 (5 parts per million {"ppm"} biochemical oxygen
demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1ppm phosphorus) or the
current limits in permit(s) held by the City, whichever is strictest. The City reserves the
right to protest any wastewater treatment facility permit application or amendment.
BB. The board of directors of the district and landowners within the district shall assist the City
in annexing one or more areas as reasonably necessary for the City to connect areas to the
City that are outside the district and that the City intends to annex in the foreseeable future.
CC. The City shall require the district to complete a traffic impact analysis pursuant to Section
12.05 of this Code.
DD. The City may agree not to annex and dissolve the district any earlier than the first to occur
of: (i) extension of water, sanitary sewer, and drainage facilities to serve 90% of the land
within the district; or (ii) 15 years after creation of the district. The contract between the
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Revised Section 13.10 of UDC to be consistent with Revised Interim MUD Policy dated 5-15-2018 CLEAN
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Updated 5-15-2018
City and the district may provide that the City may set rates for water and/or sewer services
for property that was within the district that vary from those for other properties within the
City in order to compensate the City for assumption of district obligations upon annexation,
in compliance with any statutory requirements applicable to such an agreement.
EE. The consent agreement and ancillary documents shall include terms providing for the
district to be fully developed and ready for full purpose annexation by the City within a
reasonable time period.
FF. The applicant shall reimburse the City for expenses incurred by the City in connection with
the City's consent to formation of the district, including but not limited to professional fees
incurred in connection with negotiation and preparation of the consent resolution, consent
agreement, development agreement, strategic partnership agreement, and related
documents.
13.10.060 City Operations Compensation Fee
A fee shall be assessed for each residential unit within the district equal to the proportion of City
operations attributed to serving residents of the district. The fee shall be calculated as follows:
B = Total General Fund budget for the fiscal year in which the consent application is filed.
P = The estimated population of the City at the time the consent application is filed.
H= The estimated average household size within the City at the time the consent application is
filed.
D = The percentage of City services used by district residents. This percentage shall be adopted
by the City annually as a part of the City's budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget
adoption process.
PV = Present Value.
City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D))
Example: B = $24,000,000
P = 41,000 H = 2.8 D = 15%
Y = 20
R = 6%
Fee = $2,819
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City of Georgetown, Texas
Unified Development Code Advisory Committee
June 13, 2018
SUBJECT:
Presentatio n and dis c us sion regard ing propo s ed c hanges to Sec tion 13.08 o f the Unified Development
Code (UDC) regard ing P arkland Ded icatio n requirements . Kimberly Garrett, Parks and Recreatio n Direc to r
ITEM SUMMARY:
Parkland d ed icatio n is o ne of the many s tandards a municipality may impose fo r all res idential sub d ivisions
and d evelopment o f land within its juris dic tion to promote the health, s afety, mo rals , o r general welfare, as
well as the safe, o rd erly, and healthful develo p ment of the municip ality. This is ac complished b y ensuring
that new res idential d evelopment is adequately s erved by es s ential public facilities and services, including
p ark and rec reational facilities . Develo p ment s eeking o r req uiring public facilities must be in acc o rd anc e
with the C o mp rehens ive P lan, to inc lude the P arks Mas ter P lan and Regio nal Trail Master Plan, and meet
the minimum s tandards o f the Unified Develo p ment C o d e (UDC).
To continue with these goals and polic ies , the C ity Counc il direc ted s taff to review and update the UDC’s
s tand ard s and c urrent parkland dedic ation req uirements as part of the 2016 and 2018 UDC Annual Review
p ro cesses. The purp o s e of this amend ment is to inc o rp o rate needed changes and rec o mmendations from
the Parks and Rec reation Ad visory Bo ard to ensure cons is tency with the Parks Mas ter P lan. Pro p o s ed
changes to the UDC includ e an inc reas e in the fee in lieu o f parkland dedic atio n fee to reflect real land
values ; inc lus io n o f a p ark improvement fee s o that the c o s t o f building the park is on the res id ential
d eveloper rather than the C ity; and allo wing partial credit fo r p rivate neighb o rhood parks meeting c ertain
criteria.
On F eb ruary 14, 2018, the UDC Advis o ry Committee reviewed and p ro vided feedbac k on p ro p o s ed
changes to the p arkland ded ic atio n req uirements. This , alo ng with the rec o mmendatio ns fro m the Parks
and Rec reation Ad vis o ry Board, were p res ented to the City C o unc il at their May 8, 2018 Wo rksho p . At
this works hop , C ity Counc il d irected s taff to continue with the c hanges as p ro p o s ed . In ad d ition, City
Counc il d irec ted s taff to identify meas ures to address maintenance of private parks that may be us ed as
credit to meet p arkland dedic ation requirements .
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
Kimberly Garrett, Parks and Recreatio n Direc to r, and And reina Dávila-Quintero , Current P lanning Manager
ATTACHMENTS:
Description Type
Summary of propos ed changes 06.05.2018 Backup Material
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Summary of proposed changes to Parkland Dedication Requirements (UDC Section 12.08)
As of June 5, 2018
UDC Section General Topic Requirement Current UDC
Requirement Proposed UDC Change
12.08 Parkland
Dedication
Parkland Fee in lieu
of land dedication
$200/unit for MF
$250/unit for SF
$500 per unit for both SF and
MF
12.08 Parkland
Dedication
Parkland
Improvement Fee
Not Applicable $1,500 per unit or option to
install improvements
12.08 Parkland
Dedication
Private Park Credit Not Applicable Up to 50% credit provided
certain criteria are met.
12.08 Parkland
Dedication
Design Standards Parkland may not be
accepted when:
Accessed primarily by
cul de sac
Encumbered by utility
easements
Encumbered by sensitive
environmental features
12.08 Parkland
Dedication
Park Benefit Zones 19 zones 4 benefit zones – direct
benefit to service area or
used in a community or
regional park
12.08 Parkland
Dedication
Floodplain Along SG River –
partial fulfilment –
could be 99%
All others – up to
50%
Up to 50%, with at least 3
acres out of floodplain –
must have 200 feet of street
frontage
12.08 Parkland
Dedication
Parkland Fund Expend funds in 5
years
Expend funds in 10 years
12.08 Parkland
Dedication
Dedication of
parkland
City required to
accept parkland if
over 3 acres
City has option to accept, but
not required
12.08 Parkland
Dedication
Parkland Approval Parks Board
recommends to P&Z
and City Council
Meets requirements, the
Director can approve. Add
language consistent with
current practice
Appeal decision to Parks
Board
Page 45 of 46
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 13, 2018
SUBJECT:
Update on the 2018 UDC Annual Review Plan, S c hed ule and Next Step s . And reina Dávila-Quintero,
Current Planning Manager
ITEM SUMMARY:
The p urpose of this item is to p ro vide an upd ate o n the UDC Annual Review Plan, tentative s ched ule and
next s teps. In ad d ition, City Staff and memb ers of the UDCAC will disc uss the tas ks identified at the
p revious meeting, as well as new tasks to be c o mp leted fo r the next meeting. Feedbac k and informatio n
received on eac h tas k will b e incorporated when related UDC topic s are s cheduled and presented fo r
d is cus s io n.
Recurri ng tasks:
Id entify s takeho ld ers to includ e in the pub lic review proc es s for the various to p ics.
Provide input o n the pub lic review pro c es s (website, news letter, public outreac h, and pub lic
engagement)
Id entify errors , incons is tencies and co nflic ts in the UDC. This may inc lud e references to o utd ated
s ectio ns , typ o s , and mis lab els .
Tasks from the Ma y 9, 2018 meetin g :
Provide rec ommend ations on best prac tic es fo r pub lic p artic ip ation fo r rezoning c as es , p artic ularly
rezo nings that c hange the designatio n from a res idential d is tric t to a non-res id ential district, o r single-
family res idential d is tric t to multi-family res idential d is tric t.
For each disc us s io n, we will ask the UDCAC to ans wer three (3) main ques tio n:
1. What are the challenges and issues presented by the current UDC standard/regulation? (What i s the
problem statement?)
2. How can we address these challenges and issues? (What can we do?)
3. What is the one change/revision we need to include? (What should we do?)
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
And reina Dávila-Quintero , Current Planning Manager
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