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HomeMy WebLinkAboutAgenda CC 07.09.2019 SpecialN otice of M eeting of the Governing B ody of the C ity of Georgetown, Texas J uly 9 , 20 19 The Georgetown City Council will meet on J uly 9, 2019 at 3:00 P M at City Council Chambers, 510 W 9th Street Georgetown, TX 78626 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (AD A). If you require assistance in participating at a public meeting due to a disability, as defined under the AD A, reasonable assistance, adaptations, or accommodations will be provided upon request. P lease contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King J r. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay Texas at 711. Le gislative Re gular Age nda A F i rst P ubl i c Heari ng for the vol untary annexati on of an approximate 112.85-acre tract in the Williams Addition Survey, Abstract No. 21, and 1.7 acres consisting of a portion of Rockride Ln/Southwestern Ave, a right-of-way of varying width of record described to Williamson County, Texas, and 5.1 acres consisting of a portion of County Road 110, a right-of-way of varying width of record described to Williamson County, Texas, desi gnati on of i ni ti al zoni ng of Resi denti al Si ngl e-F ami l y (R S) di stri ct (106.092 acres) and Agri cul ture (AG ) di stri ct (6.755 acres), for the property general l y l ocated at the northeast corner of Southwestern B l vd and C R 110, to be known as P atterson Ranch -- Sofia Nelson, CN U-A, P lanning Director Adjournme nt Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notice of Meeting was pos ted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily ac cessible to the general public as required by law, on the _____ day of _________________, 2019, at __________, and remained so pos ted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 1 of 34 City of Georgetown, Texas City Council Special Meeting July 9, 2019 S UBJEC T: F i rst P ubl i c Heari ng for the vol untary annexati on of an approximate 112.85-acre tract in the Williams Addition Survey, Abstract No. 21, and 1.7 acres consisting of a portion of Rockride Ln/Southwestern Ave, a right-of-way of varying width of record described to Williamson County, Texas, and 5.1 acres consisting of a portion of County Road 110, a right-of-way of varying width of record described to Williamson County, Texas, desi gnati on of i ni ti al zoni ng of Resi denti al Si ngl e-F ami l y (R S) di stri ct (106.092 acres) and Agri cul ture (AG ) di stri ct (6.755 acres), for the property general l y l ocated at the northeast corner of Southwestern B l vd and C R 110, to be known as P atterson Ranch -- Sofia Nelson, C N U-A, P lanning Director I T EM S UMMARY: Overvi ew of Appl i cant’s Request: The applicant's o riginal re que st included annexation and designation of initial zoning of Residential Single-Family (RS) district (106.092 acres) and General Commercial (C-3) district (6.755 acres) for a 112.85 acre tract lo cated near the northeast corner of Southwestern Blvd. and C R 110. At the J une 4, 2019 P lanning & Zoning Commissio n (P &Z) meeting, the P &Z recommended denial of the C-3 zoning request. After the meeting, the applicant pulled the re que st for the C-3 zoning of the 6 .75 5 acres. If the annexation is approved, the 6.755 acres will co me into the city limits with the default zoning designatio n of Agriculture (AG). The request for 106.092 acres as Residential Single -Family (R S) has not changed. The item under consideration to night is to conduct the first public he aring for the vo luntary annexation and designation of Residential Single-Family (R S) district (106.092 acres) and Agriculture (AG) district (6.755 acres) as the initial zoning district designation, submitted in accordance with State Law. No action is required for this public hearing. Meeti ng Schedul e: April 23, 2019: City Council Resolution C O M P LE TED J une 4, 2019: P lanning & Zoning P ublic Hearing - C O M P LE TED J uly 9, 2019: 1st P ublic Hearing at City Council Meeting @ 3pm J uly 9, 2019: 2nd P ublic Hearing at City Council Meeting @ 6pm August 13, 2019: 1st Reading of Ordinance at City Council Meeting August 27, 2019: 2nd Reading of Ordinance at City Council Meeting P l anni ng and Zoni ng Commi ssi on (P &Z) Recommendati on: At the ir meeting on J une 4, 20 19 , the P &Z recommended approval of the Residential Single-Family (R S) zoning request and recommended denial of the General Commercial (C-3) original zoning request. P ubl i c Comments: As required by the Unified De velopme nt Code, all property owners within a 20 0-fo ot radius of the subject property and within the subdivision were notifie d o f the Zoning Map Amendment request (1 7 notices), a legal notice advertising the public he aring was placed in the Sun Newspaper (May 19 , 2 01 9, and J une 23 , 2 01 9) and signs were posted on-site. To date, staff has not received any public comment. F I NANC I AL I MPAC T: City services, including police and fire protection, emergency medical services, solid waste collection and disposal are immediately subject to the property. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extension and improvement policy or the terms of any potential agreement with the property owner. S UBMI T T ED BY: Page 2 of 34 Chelsea Irby, Senior P lanner AT TAC HMENT S : Description 2019-3-ANX - P &Z S taff R eport Exhibit 1 - Location Map Exhibit 2 - F uture Land Us e Map Exhibit 3 - Zoning Map Exhibit 4 - R S S tandards and P ermitted Uses Exhibit 5 - Letter of Intent Draft S ervice P lan Page 3 of 34 Planning and Zoning Commission Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 1 of 10 Report Date: May 31, 2019 Case No: 2019-3-ANX Project Planner: Chelsea Irby, Senior Planner Item Details Project Name: Patterson Ranch Project Address: 4301 Southwestern Blvd, near the corner of Southwestern Blvd and CR 110, within future City Council District No. 7 (upon annexation) Total Acreage: 112.85 Legal Description: 112.85 acres in the William Addison Survey, Abstract No. 21 Applicant: Matkin Hoover Engineering c/o Matt Synatschk Property Owner: Glenn Patterson Request: Zoning Map Amendment to zone the subject property to Residential Single- Family (RS) and General Commercial (C-3) upon annexation. Case History: This is the first public hearing of this request. Location Map Page 4 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 2 of 10 Overview of Applicant’s Request The applicant is requesting approximately 106.092 acres to be zoned Residential Single-Family (RS) upon annexation for a residential subdivision. The applicant is also requesting approximately 5.575 acres to be zoned General Commercial (C-3) upon annexation to create a commercial node at Southwest Blvd. and CR 110. The City Council accepted the petition for annexation at their meeting on April 23, 2019. See Exhibit 5 for the applicant’s Letter of Intent. Site Information Location: The subject property is located in the City’s ETJ, south of Sam Houston Ave and west of SH-130. More specifically, the property is located near the intersection of Southwestern Blvd and CR 110. Physical and Natural Features: The subject property is currently undeveloped with a single-family structure. It has little tree cover and has a water feature (small pond and creek) that runs through the middle of the property. Future Land Use and Zoning Designations: The subject property has an existing Future Land Use designation of Moderate Density Residential and Community Commercial. The subject property is not zoned because it is currently outside of the City Limits. Surrounding Properties: The surrounding area was generally undeveloped farmland, but has recently started to develop into residential subdivisions. Two large subdivisions nearby are Fairhaven (fka Kasper) to the west and Saddlecreek to the north. The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the north, south, east and west are outlined in the table below: DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE North N/A - ETJ Low Density Residential (LDR) Undeveloped, single-family homes South N/A - ETJ East N/A - ETJ West PUD with a base district of Residential Single- Family (RS), and Public Facilities (PF) Fairhaven (fka Kasper) residential development and Georgetown ISD school site Page 5 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 3 of 10 Aerial Map Property History: A Comprehensive Plan Amendment to change the Future Land Use designation from Low Density Residential to Moderate Density Residential (2019-2-CPA) was approved by the City Council on May 28, 2019. Comprehensive Plan Guidance Future Land Use Map: As defined in the 2030 Comprehensive Plan, the Moderate Density Residential land use category comprises single family neighborhoods that can be accommodated at a density ranging between 3.1 and 6 dwelling units per gross acre, with housing types including small-lot detached and attached single-family dwellings (such as townhomes). The Moderate-Density Residential category may also support complementary non-residential uses along arterial roadways such as neighborhood-serving retail, office, institutional, and civic uses, although such uses may not be depicted on the Future Land Use Map. Standards should be established to maximize compatibility of these uses with adjacent land uses, minimize traffic congestion and overloading of public infrastructure, and also ensure a high standard of site, landscape, and architectural design. As defined in the 2030 Comprehensive Plan, the Community Commercial land use category applies to areas that accommodate retail, professional office, and service-oriented business activities that serve more than one residential neighborhood. These areas are typically configured as “nodes” of varying scales at the intersection of arterial roads, or at the intersection of arterials and collectors. Community Fairhaven (fka Kasper) Planned Unit Development with RS base zoning Page 6 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 4 of 10 commercial areas typically will include some neighborhood-serving commercial uses as well as larger retail uses including restaurants, specialty retail, mid-box stores, and smaller shopping centers. They may also include churches, governmental branch offices, schools, parks, and other civic facilities. Growth Tier: The subject property is located in Growth Tier 2. Tier 2 lies outside the city limits, but within the City’s Extraterritorial Jurisdiction (ETJ). When the Comprehensive Plan was written in 2008, it was anticipated this area was likely needed to serve the city’s growth needs over the next 10-20 years. Until annexation occurs, City land use and development controls are limited to subdivision review and signage, and in some cases building permits where City utilities are connected to new construction. However, the City may consider requests for annexation, extension of City services, and rezonings in this area. The City should first examine such requests based on objective criteria, such as contiguity (Policy 3A.2) and then require applicants to conduct a comprehensive impact assessment demonstrating that impacts can be adequately mitigated. Utilities The subject property is located within the Jonah SUD service area for water, and Oncor service area for electric. The City of Georgetown will be the wastewater service provider upon approval of the Annexation. It is anticipated that there is adequate wastewater capacity to serve the subject property at this time. A Utility Evaluation will be required at time of Subdivision Plat and Site Development Plan to determine capacity and any necessary utility improvements. Transportation The subject property has frontage along two major roadways – Southwestern Blvd (a Minor Arterial Roadway) and CR 110 (a Major Arterial Roadway). Minor Arterial streets provide traffic movement through and between different areas within the city and access to adjacent land uses. Access is more controllable because driveway spacing requirements are much greater and, if safety dictates, overall access can be limited to specific turning movements. Minor Arterials connect lower functional classifications and major arterials and tend to be shorter in distance. Major Arterial streets provide traffic movement through and between different areas within the city and access to adjacent land uses. Access is more controllable because driveway spacing requirements are much greater and, if safety dictates, overall access can be limited to specific turning movements. Major Arterials connect major traffic generators and land use concentrations and serve much larger traffic volumes over greater distances. A Traffic Impact Analysis (TIA) will be required at time of Site Development Plan for any development that generates more than two thousand (2,000) average daily trips based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. Proposed Zoning district The applicant is requesting approximately 106.092 acres to be zoned Residential Single-Family (RS) upon annexation and approximately 5.575 acres to be zoned General Commercial (C-3) upon Page 7 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 5 of 10 annexation. The Residential Single-Family (RS) zoning district allows for medium density and its minimum lot size is 5,500 square feet. The RS district contains standards for development that maintain single-family neighborhood characteristics. The RS district may be located within proximity of neighborhood- friendly commercial and public services and protected from incompatible uses. All housing types in the RS district shall use the lot, dimensional and design standards of the district. Permitted land uses within the district include detached single-family homes and group homes with 6 or less residents. Attached single-family homes, churches, family home day care, and schools among other uses are permitted subject to specific design limitations to ensure compatibility with the surrounding properties. Other uses such as accessory dwelling units, bed and breakfast, group day care, general office and other similar uses may be permitted subject to approval of a Special Use Permit (SUP). Exhibit 4 contains a comprehensive list of RS district permitted uses and development standards. The General Commercial District (C-3) is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the C-3 District only appropriate along freeways and major arterials. Permitted uses in this district include, but are not limited to, general retail, hotels, restaurants, and general office. Other uses such as activity center, bar/tavern/pub, college/university, fuel sales, and event facility among others are permitted subject to specific design limitations. Certain land uses, including automotive sales, rental or leasing facilities, require a Special Use Permit (SUP). Exhibit 4 contains a comprehensive list of C-3 district permitted uses and development standards. Intergovernmental and Interdepartmental Review The proposed rezoning request was reviewed by all applicable City Departments to determine the appropriateness of the requested zoning on the subject property. No comments were issued regarding the zoning request. Approval Criteria Staff has reviewed the proposed rezoning request and has found that it complies with the criteria established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below: ZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS 1. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action. Complies An application must provide the necessary information to review and make a knowledgeable decision in order for staff to schedule an application for consideration by the Planning and Zoning Commission and City Council. This application was reviewed by staff and deemed to be complete. 2. The zoning change is Partially Complies The Future Land Use designation for a Page 8 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 6 of 10 ZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS consistent with the Comprehensive Plan. majority of the subject property is Moderate Density Residential. A portion of the property, at the intersection of Southwestern Blvd. and CR 110, has the Future Land Use designation of Community Commercial. The zoning designation of Residential Single-Family (RS) and is appropriate in the MDR Future Land Use category because the Comprehensive Plan’s vision for this category is 3.1 to 6 dwelling units/acre with housing types including small-lot detached. The RS zoning designation would achieve this desired density and housing type. The zoning designation of General Commercial (C-3) partially complies with the Comprehensive Plan. • It complies because of the Comprehensive Plan’s vision for the Community Commercial node at Southwestern Blvd. and CR 110. The Comprehensive Plan envisions Community Commercial nodes as areas that accommodate retail, professional, office, and service-oriented business activities that serve more than one neighborhood. The northwest corner of Southwestern Blvd and CR 110 has been developed as residential. Because of this, it is important to capture commercial zoning at this intersection to support the increase of residential development in this area. • It partially complies because of the Comprehensive Plan’s recommendation for buffering commercial zoning from Page 9 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 7 of 10 ZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS residential uses. This is outlined in Goal 4 of the Land Use goals: “Maintain and strengthen viable land uses and land use patterns…” More specifically, policy 4.A is to “minimize the impacts and encroachments of incompatible land uses (e.g., commercial intrusions into healthy residential areas.” 3. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Complies The zoning request of Residential Single- Family (RS) and General Commercial (C- 3) promotes orderly development because it is consistent with the development trends of the area. Additionally, the zoning request for C-3 promotes orderly development because it supports the requested RS zoning as well as the nearby residential areas. 4. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. Partially Complies The zoning request for Residential Single-Family (RS) is compatible with the zoning and character of the surrounding area. The RS zoning would allow the type of development that is trending on the east side of IH-35. There are multiple developments in the area that have a base district of RS, including Teravista, Gatlin Crossing, Fairhaven (fka Kasper), and Saddlecreek. The zoning request for General Commercial (C-3) partially complies with compatibility to the zoning and character of the surrounding area because it would be directly adjacent to residential. This would not create a smooth transition of uses. The Local Commercial (C-1) district would have less of an impact on the surrounding uses while still providing non-residential uses to support the nearby residential areas. However, it is appropriate in this context because of the following reasons: Page 10 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 8 of 10 ZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS • The request for C-3 is at the intersection two major roadways and has a Future Land Use designation of Community Commercial. • The Future Land Use designation of Community Commercial is envisioned to support more than one neighborhood. There have been many large residential developments and entitlements in this area (Teravista, Gatlin Crossing, Fairhaven, and Saddlecreek) and there is a lack of supporting commercial development. The requested C-3 zoning district would not only support the residential use in this proposed development, but it would also contribute to the commercial needs of the greater area. The size of the property would limit the amount of intense commercial uses that could be developed on the property. • The C-3 district would allow the uses that the Community Commercial node envisions to support residential uses, like General Office, General Retail, and Personal Services. • The UDC contains development standards for commercial uses when they are adjacent to residential that will protect the residential area. The rear setback to residential is 25’, the side setback to residential is 15’, and a 15’ landscaped bufferyard is required on property lines that are adjacent to residential. Additionally, all building Page 11 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 9 of 10 ZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS elevations that are facing public roadways and residential areas are subject to greater articulation and building design requirements. 5. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Complies The subject property of 112.85 acres has ample land area to plat residential lots that conform to the standards of the Residential Single-Family (RS) zoning district. Additionally, there is ample land area near the major thoroughfares to plat lots that conform to the General Commercial (C-3) zoning district standards, including setbacks and bufferyards. In summary, the request for Residential Single-Family (RS) zoning continues a pattern of residential development that promotes orderly development and is compatible with the character of the surrounding area. The request for General Commercial (C-3) zoning at the intersection of Southwestern Blvd. and CR 110 could be appropriate because of the Community Commercial node envisioned by the Comprehensive Plan. The C-3 area would also aid in serving the other nearby residential areas that have developed without supporting commercial uses. However, C-3 is usually not compatible adjacent to residential uses, as it does not provide for a smooth transition of uses. Nearby areas, like along San Houston Ave (designated as a Freeway), would be more appropriate for C-3 zoning. Meeting Schedule 4/23/2019 – City Council Resolution for Annexation Petition 6/4/2019 – Planning and Zoning Commission Public Hearing (Zoning Only) 6/25/2019 3pm – City Council Public Hearing #1 6/25/2019 6pm – City Council Public Hearing #2 7/23/2019 – City Council First Reading of the Ordinance 8/13/2019 – City Council Second Reading of the Ordinance Public Notification As required by the Unified Development Code, all property owners within a 200-foot radius of the subject property and within the subdivision were notified of the Zoning Map Amendment request (17 notices), a legal notice advertising the public hearing was placed in the Sun Newspaper (May 19, 2019) Page 12 of 34 Planning Department Staff Report 2019-3-ANX Patterson Ranch Page 10 of 10 and signs were posted on-site. To date, staff has received zero (0) written comments in favor or opposition to the request. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Design and development standards of the RS and C-3 districts Exhibit 5 – Letter of Intent Page 13 of 34 W e s ti n g h o u s e R d S a m H o u s t o n Ave ¬«130 SE Inn e r L o o p S amHoustonAve South w e st e r n B l v d ")1460 R o c k ri d e L n R o c k ri d e L n Tera vi s t a X in g 2019-3-ANXExhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.5 1Mi Page 14 of 34 C R 1 1 0 C R 1 0 5 B E L L G I N R D R O C K R I D E L N DUBINA AVE H I G G S R D O T T O A V E SOUT H W E S T E R N B L V D F A I R H A V E N G T W Y J A C O B S W A Y KRAMER ST B R E M EN S T M A T T H E W L N S A M H O U S T O N A V E S H I N E R L N M A R I E N F E L D L N F R E D E R I C K D R B R U N N E N W A Y M O R A V I A R D KLEBERG CT B R I A N C I R SCHUSTER CT M E L I S S A C I R J E N N I F E R C I R F A I R H A V E N G T W Y Coordinate System: Texas State Plane/C entr al Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Future Land Use / Overall Transportation Plan Exhibit #2 2019-3-ANX Legend Thoroughfare Future Land Use Institutional Regional Comm ercial Community Commercial Employm ent Center Low Density Residential Mining Mixed Use Comm unity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road Proposed Major Arterial Proposed Minor Arterial Proposed Railroad High Density Residential Legend SiteParcelsCity LimitsGeorgetown ETJ 0 ¼½Mi Page 15 of 34 C R 1 1 0 C R 1 0 5 B E L L G I N R D DUBINA AVE R O C K R I D E L N H I G G S R D O T T O A V E SOUT H W E S T E R N B L V D J A C O B S W A Y F A I R H A V E N G T W Y KRAMER ST B R E M EN S T M A T T H E W L N S A M H O U S T O N A V E S H I N E R L N M A R I E N F E L D L N F R E D E R I C K D R B R U N N E N W A Y M O R A V I A R D KLEBERG CT B R I A N C I R SCHUSTER CT M E L I S S A C I R J E N N I F E R C I R F A I R H A V E N G T W Y Zon in g Information2019-3-ANXExhibit #3 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only LegendSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 ¼½MiPage 16 of 34 Minimum Lot Size = 5,500 square feet Front Setback = 20 feet Bufferyard = 10 feet with plantings Minimum Lot Width = 45 feet Side Setback = 6 feet when non-residential develops Corner Lot Width = 55 feet Rear Setback = 10 feet adjacent to residential Maximum Building Height = 35 feet Side/Rear Street Setback = 15 feet Street Facing Garage Setback = 25 feet Unloaded Street Setback = 20 feet Allowed by Right Subject to Limitations Special Use Permit (SUP) Required Group Home (<7 residents)Church (with columbarium)Accessory Dwelling Unit Single-family Detached Day Care (family home)Activity Center (youth/senior) Utilities (Minor)Golf Course Bed and Breakfast (with events) Home Based Business Cemetary/Columbaria/Mausoleum Nature Preserve/Community Garden Community Center Neighborhood Amenity Center Day Care (Group) Park (Neighborhood)Emergency Services Station School (Elementary)General Office Single-family Attached Halfway House Utilities (Intermediate)Hospice Facility Wireless Transmission Facility (<41')Rooming/Boarding House School (Middle) Residential Single-Family (RS) District District Development Standards Specific Uses Allowed within the District Page 17 of 34 Page 18 of 34 Page 19 of 34 Page 20 of 34 Page 21 of 34 Annexation Service Plan Page 1 of 13 Area: Patterson Ranch Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: PATTERSON RANCH COUNCIL DISTRICT NO.: 7 DATE: AUGUST 27, 2019 I. INTRODUCTION This Service Plan (the “Plan”) is made by the City of Georgetown, Texas (“City”) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (“LGC”). This Plan relates to the annexation into the City of the land shown on Exhibit “A” to this Service Plan, which is referred to as “Patterson Ranch”. The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 9, 2019, at 3pm, and July 19 2019, at 6pm, in accordance with Section 43.056(j) of the LGC. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Page 22 of 34 Annexation Service Plan Page 2 of 13 Area: Patterson Ranch For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Page 23 of 34 Annexation Service Plan Page 3 of 13 Area: Patterson Ranch 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development, Building Permits, and Inspections Services; - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. Page 24 of 34 Annexation Service Plan Page 4 of 13 Area: Patterson Ranch 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension Page 25 of 34 Annexation Service Plan Page 5 of 13 Area: Patterson Ranch of water and wastewater services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces Page 26 of 34 Annexation Service Plan Page 6 of 13 Area: Patterson Ranch of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Page 27 of 34 Annexation Service Plan Page 7 of 13 Area: Patterson Ranch Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro- rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public Page 28 of 34 Annexation Service Plan Page 8 of 13 Area: Patterson Ranch wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for Page 29 of 34 Annexation Service Plan Page 9 of 13 Area: Patterson Ranch single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. Page 30 of 34 Annexation Service Plan Page 10 of 13 Area: Patterson Ranch D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: Page 31 of 34 Annexation Service Plan Page 11 of 13 Area: Patterson Ranch 1. connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Page 32 of 34 Annexation Service Plan Page 12 of 13 Area: Patterson Ranch Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the Page 33 of 34 Annexation Service Plan Page 13 of 13 Area: Patterson Ranch sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Page 34 of 34