HomeMy WebLinkAboutAgenda CC 10.22.2019 SpecialN otice of M eeting of the
Governing B ody of the
C ity of Georgetown, Texas
O ctober 2 2, 2 01 9
The Georgetown City Council will meet on October 22, 2019 at 3:30 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 annexati on of approximately 80.79 acres of the Ci ty-owned
ri ght-of-way situated in part in the J oseph Thompson Survey, Abstract No. 608, in part in the
J ohn P owell Survey, Abstract No. 491, and in part of the Lewis J . Dyches Survey, Abstract No.
180, to be known as the Southw est B ypass (2019-7-AN X) -- 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 28
City of Georgetown, Texas
City Council Special Meeting
O ctober 22, 2019
S UBJEC T:
F i rst P ubl i c Heari ng for the annexati on of approximately 80.79 acres of the Ci ty-owned ri ght-of-w ay situated in
part in the J oseph Thompson Survey, Abstract No. 608, in part in the J ohn P owell Survey, Abstract No. 491, and in part of
the Lewis J . Dyches Survey, Abstract No. 180, to be known as the Southw est B ypass (2019-7-AN X) -- Sofia Nelson,
C N U-A, P lanning Director
I T EM S UMMARY:
Overvi ew:
The City of Georgetown (“City”) is the sole owner of approximately 80.79 acres of right-of-way in the southwestern
portion of the City’s Extra-Territorial J urisdiction (ETJ ), upon which the City and County are jointly constructing the
Southwest Bypass, a future City roadway. The City desires to annex the right-of-way into the city limits, so that the City
can maintain operate the roadway when it opens, in accordance with various existing agreements.
H B 347 of the 2019 Texas Legislature removed many of the annexation powers of municipalities. However, pursuant to
Section 43.1055 of the Local Government Code, the City may still annex right-of-way into the city limits upon request
of the owner of the right-of-way. The annexation of right-of-way under Section 43.1055 triggers the non-consent
annexation procedures of Subchapter C-1 of the Local Government Code, including the requirement of two public
hearings before a municipality may institute annexation proceedings, the requirement that the annexation must be
completed within 90 days after the date the proceedings are instituted, and the requirement that City Staff prepare a
service plan for the area to be annexed before annexation. Furthermore, under Section 43.054 of the Local Government
Code, the area to be annexed must be 1,000 feet in width at its narrowest point unless the annexation is initiated upon the
written petition of the owner(s) of the area to be annexed. This Resolution serves as the written petition of the owner of
the area to be annexed, as well as the request of the owner of the right-of-way for annexation.
In addition, the annexation of the Southwest Bypass Right-of-Way would cause the area identified in Exhibit “C” attached
to the Resolution to be entirely surrounded by the City of Georgetown, but it would not include the area within the
municipality. Under Section 43.057 of the Local Government Code, if a proposed annexation would cause an area to be
entirely surrounded by the annexing municipality but would not include the area within the municipality, the City Council
must find, before completing the annexation, that surrounding the area is in the public interest. The area identified in
Exhibit C is subject to an existing Industrial District Agreement between the City and the owner, and the construction of
the Southwest Bypass and annexation of this right-of-way is in furtherance of said agreement. Accordingly, Staff
recommends that it is in the public interest to annex this right-of-way and surround the area identified in Exhibit C.
City Staff has been directed to prepare a service plan for the area to be annexed in accordance with Section 43.056 of the
Local Government Code, and the City Secretary has been directed to commence the publication of notices of two public
hearings and place upon the City Council Agendas the consideration of the passage of an ordinance annexing said area into
the city limits in accordance with State Law. The tentative schedule for said hearings and ordinance consideration shall be
as follow, but in no event shall the annexation be completed any later than December 31, 2019:
Meeti ng Schedul e:
September 24, 2019: City Council Resolution - C O M P LE TED
October 22, 2019: 1st P ublic Hearing at City Council Meeting @ 3pm - TO D AY
October 22, 2019: 2nd P ublic Hearing at City Council Meeting @ 6pm
November 26, 2019: 1st Reading of Ordinance at City Council Meeting
December 10, 2019: 2nd Reading of Ordinance at City Council Meeting
No action is required with today's public hearing.
P ubl i c Comments:
As required by the Unified Development Code, all public entities were notified and a legal notice advertising the public
Page 2 of 28
hearings was placed in the Sun Newspaper (October 10, 2019). To date, staff has not received any public comment.
F I NANC I AL I MPAC T:
The City will incur the maintenance obligations of the roadway in accordance with existing agreements and authorizations.
S UBMI T T ED BY:
Chelsea Irby, Senior P lanner
AT TAC HMENT S :
Description
Exhibit A - Loc ation Map
Exhibit B - Metes and Bounds
Exhibit C - C ity Limits
Draft S ervice P lan
Page 3 of 28
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Proposed Annex Areas
Location Map
Exhibit A
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Area to be Surrounded by City Limits
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Page 23 of 28
Annexation Service Plan Page 1 of 5
Southwest Bypass (IH-35 to FM 2243)
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: SOUTHWEST BYPASS
(IH-35 TO FM 2243)
COUNCIL DISTRICT: NO. 2
DATE: DECEMBER 10, 2019
I. INTRODUCTION
This Service Plan (the “Plan”) is made by the City of Georgetown, Texas (“City”) pursuant to
Sections 43.056(b)-(o) and 43.065 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 “Southwest Bypass (IH-35 to FM 2243)”. 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 October 22, 2019 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 to 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.
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
Page 24 of 28
Annexation Service Plan Page 2 of 5
Southwest Bypass (IH-35 to FM 2243)
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. Fire Protection and Emergency Medical 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.
2. Police – The City’s Police Department will provide protection and law enforcement
services.
3. Planning and Development, Building Permits, and Inspections Services - The City will
provide site plan review; zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and permits; and Stormwater
Permit services in the annexed.
4. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all
existing publicly-owned parks and recreational facilities and all such facilities acquired or
constructed after the Effective Date (including community service facilities, libraries,
swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will
be unaffected by the annexation; provided, however, that the City will provide for
maintenance and operation of the same upon acceptance of legal title thereto by the City
and appropriations therefor. In the event the City acquires any other parks, facilities, or
buildings necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
5. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all
other publicly owned buildings and facilities where the public is granted access.
6. Library – Upon annexation, library privileges will be available to anyone residing in the
annexed area
7. Stormwater Utility Services – The Property will be included in the City’s Stormwater
Utility service area and will be assessed a monthly fee based on the amount of impervious
surface. The fees will cover the direct and indirect costs of stormwater management
services.
8. 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
Page 25 of 28
Annexation Service Plan Page 3 of 5
Southwest Bypass (IH-35 to FM 2243)
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City’s preventative maintenance program.
9. 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 in accordance with City ordinances, standards,
policies and procedures.
10. Solid Waste Services – The City will provide solid waste collection services in accordance
with existing City ordinances and policies, except where prohibited by law.
11. Code Compliance – The City’s Code Department will provide education, enforcement, and
abatement relating to code violations within the Property.
12. Animal Control Services – Upon annexation, the City shall provide animal control
services in the annexed area.
13. Business Licenses and Regulations – Upon annexation, the City shall provide business
licensing services (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross
Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other
Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire;
Sexually Oriented Businesses; and Alcoholic Beverages) in the annexed area
14. Health and Safety Regulations – The provisions of the City Code of Ordinances relating
to health and safety regulations (including but not limited to Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
15. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of the City Code
of Ordinances relating to peace, morals and welfare (including but not limited to 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 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 City Code of Ordinances. Upon the
Page 26 of 28
Annexation Service Plan Page 4 of 5
Southwest Bypass (IH-35 to FM 2243)
Development of any property in the annexed area, the provisions 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 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, , 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.
Page 27 of 28
Annexation Service Plan Page 5 of 5
Southwest Bypass (IH-35 to FM 2243)
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
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 43.063 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. WATER AND WASTEWATER SERVICE EXTENSION POLICIES
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 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.
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