HomeMy WebLinkAboutAgenda CC 08.28.2018 SpecialNotice of M eeting of the
Governing B ody of the
City of Georgetown, Texas
August 2 8, 2 0 1 8
The Ge orgetown City Council will meet on August 2 8, 2018 at 3:00 PM at the City Council Chambers,
101 E. 7th Street, Georgetown, Texas
The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If
you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA,
reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact
the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930-
3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay
Texas at 7 11.
Re gular Se ssion
(This Regular Sessio n may, at any time, be re cessed to convene an Executive Se ssio n for any purpose
authorize d by the Open Meetings Act, Texas Go vernment Code 551.)
A CALL TO ORDER - A SPECIAL MEETING OF THE CITY COUNCIL
Le gislative Re gular Age nda
B F i r st P ubl i c Heari ng for the Vo l untary Annexati on of an approximate 26 2.0 11-acre tract of
land situated in the William Robe rts Le ague Survey, Abstract No. 52 4, and a po rtion of Shell
Road, a right-of-way of varying width of reco rd described to the Williamson County, Texas, for
the property generally located along Shell Ro ad approximately 6,80 0 feet north of Williams
Drive, to be known as the Shel l Ro ad devel opment -- Nat Waggoner, AICP, P MP, Long Range
Planning Manager
C F i r st P ubl i c Heari ng for the Vo l untary Annexati on of an approximate 55 3.4 63-acre tract of
land situated in the B. Manlove Survey, Abstract No. 420, Milton Hicks Survey, Abstract No. 287,
P. We athersby Survey, Abstract No . 68 0, A.M. Brown Survey, Abstrac t No . 85 , J. C. Thaxton
Survey, Abstract No. 756, I. Sauls Survey, Abstract No. 595, and I. & G. N. R. R. Survey, Abstract
No . 74 1, and a portion of Farm to Market Road 2243 (FM 2243), a right-of-way of varying width
o f re cord described to the State o f Te xas, and initial zoning of Public Fac ilities (P F) zoning
district designation, for the prope rty generally located along FM 22 43 , e ast o f CR 286 and west
o f Escalera Ranch P arkway, to be kno wn as G arey P ark -- Nat Waggoner, AICP, P MP, Long
Range Planning Manager
Adjournme nt
Ce rtificate of Posting
I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that
this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to
the general pub lic at all times , o n the _____ day of _________________, 2018, at
__________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the
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s cheduled time of s aid meeting.
__________________________________
Shelley No wling, City S ecretary
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City of Georgetown, Texas
City Council Spec ia l Meeting
August 28, 2018
SUBJECT:
CALL TO ORDER - A SPECIAL MEETING OF THE CITY COUNCIL
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Shelley Nowling, City Secretary
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City of Georgetown, Texas
City Council Spec ia l Meeting
August 28, 2018
SUBJECT:
Fi rst Publ i c Heari ng fo r the Vol untary Anne xati on o f an approximate 262.0 11-acre tract of land situated in the
William Roberts League Survey, Abstrac t No. 524, and a portion of Shell Road, a right-of-way of varying width of re c ord
described to the Williamso n County, Texas, fo r the property generally located alo ng Shell Road approximately 6,8 00 fe e t
north of Williams Drive, to be kno wn as the She l l Ro ad devel opment -- Nat Waggoner, AICP, PMP, Long Range
P lanning Manager
ITEM SUMMARY:
The subject property is located along Shell Road, north o f Williams Drive, within the City's extraterritorial jurisdic tion.
The property has a Moderate Density Residential Future Land Use designation. It is the intent of the applicant to de velop
the subject pro pe rty as a mixed-use community.
The action required of Council is to conduct the first public hearing for voluntary annexation submitted in accordance
with State Law. No actio n is required for this public he aring.
In order to comple te the annexation, the following pro cess is being followed:
July 24, 2018: Grant the Petition for Annexation - COMP LETED
August 28, 2018 : Conduct 1st Public Hearing held at City Co uncil Meeting @ 3 p.m.
August 28, 2018 : Conduct 2nd Public Hearing he ld at City Co uncil Meeting @ 6 p.m.
September 25, 20 18 : Actio n and 1 st Reading of Anne xatio n Ordinance
October 9, 2018 : 2 nd Reading of Annexation Ordinance
FINANCIAL IMPACT:
City services, including po lice and fire protection, e mergency medical services, so lid waste collection and disposal are
immediately subject to the pro perty. Extensio n of capital improve ments suc h as water and wastewater systems will be
subject to the City’s utility extension and impro veme nt policy o r the terms of any po tential agreement with the pro pe rty
owner.
SUBMITTED BY:
Jordan Feldman, P lanner
ATTACHMENT S:
Description
Annexatio n P etitio n
Exhib it A - Loc ation Map
Exhib it B - Legal Des c rip tion
Exhib it C - Draft S ervic e P lan
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D el W e b b B l v d
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ANX-2018-004Exhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
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Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ
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Resolution
Exhibit "B"
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Resolution
Exhibit "B"
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Resolution
Exhibit "B"
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Resolution
Exhibit "B"
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Resolution
Exhibit "B"
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Annexation Service Plan Page 1 of 13
Area: Shell Road Development
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: SHELL ROAD
DEVELOPMENT
COUNCIL DISTRICT NO.: 5
DATE: OCTOBER 9, 2018
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 “Shell Road Development”. 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 March 8, 2018 3pm and March 8, 2018 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.
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Annexation Service Plan Page 2 of 13
Area: Shell Road Development
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.
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Annexation Service Plan Page 3 of 13
Area: Shell Road Development
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.
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Annexation Service Plan Page 4 of 13
Area: Shell Road Development
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
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Annexation Service Plan Page 5 of 13
Area: Shell Road Development
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
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Annexation Service Plan Page 6 of 13
Area: Shell Road Development
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
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Area: Shell Road Development
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
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Annexation Service Plan Page 8 of 13
Area: Shell Road Development
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
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Annexation Service Plan Page 9 of 13
Area: Shell Road Development
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.
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Area: Shell Road Development
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 24 of 68
Annexation Service Plan Page 11 of 13
Area: Shell Road Development
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 25 of 68
Annexation Service Plan Page 12 of 13
Area: Shell Road Development
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 26 of 68
Annexation Service Plan Page 13 of 13
Area: Shell Road Development
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 27 of 68
City of Georgetown, Texas
City Council Spec ia l Meeting
August 28, 2018
SUBJECT:
Fi rst Publ i c Heari ng fo r the Vol untary Anne xati on o f an approximate 553.463 -ac r e tract of land situated in the B.
Manlove Survey, Abstract No. 42 0, Milton Hicks Survey, Abstract No. 28 7, P. Weathersby Survey, Abstract No. 680, A.M.
Brown Surve y, Abstract No. 85, J. C. Thaxton Survey, Abstract No . 75 6, I. Sauls Survey, Abstract No. 595, and I. & G. N.
R. R. Survey, Abstract No. 7 41, and a portion of Farm to Market Road 2243 (FM 22 43 ), a right-of-way of varying width of
record described to the State of Texas, and initial zoning of P ublic Facilities (P F) zoning district designation, for the
property generally located along FM 2 24 3, east of CR 286 and west of Escalera Ranch P arkway, to be kno wn as G arey
Park -- Nat Waggo ner, AICP, PMP, Long Range P lanning Manager
ITEM SUMMARY:
The subject pro pe rty is located located along FM 224 3, east of CR 286 and west o f Escale ra Ranch P arkway, within the
City's extraterrito rial jurisdiction. The property has a Parks, Recreation and Ope n Space Future Land Use designation.
This property was recently developed as a regional park kno wn as Garey Park.
The actio n required of Council is to co nduct the first public hearing for voluntary annexation and designation of Public
Facilities (P F) as the initial zo ning district designation, submitted in accordance with State Law. No action is required for
this public hearing.
In order to comple te the annexation, the following pro cess is being followed:
July 24, 2 01 8: Grant the Petition for Anne xatio n - COMP LETED
August 7, 20 18: Public Hearing (Zo ning Designation) at Planning and Zoning Commission Meeting @ 6 pm -
COMPLETED
August 28 , 20 18 : 1 st P ublic Hearing held at City Council Meeting @ 3pm
August 28 , 20 18 : 2 nd P ublic Hearing held at City Council Meeting @ 6pm
Septembe r 25 , 20 18 : 1st Reading of Ordinance at City Council Meeting
October 9 , 20 18 : 2 nd Reading of Ordinance at City Co uncil Meeting
P lanning and Zo ning Commission Recommendation
The Planning and Zo ning Commission unanimously recommended the zoning district o f Public Facilities (PF) at the
August 7, 2018 me e ting.
FINANCIAL IMPACT:
City services, including po lice and fire protectio n, e mergency medical services, so lid waste collection and disposal are
immediately subje c t to the property. Extension of capital improvements such as wate r and wastewater systems will be
subject to the City’s utility extension and improve ment policy or the terms of any po tential agreement with the prope rty
owner.
SUBMITTED BY:
Nat Waggoner, PMP, AICP
ATTACHMENT S:
Description
P etitio n
ANX-2018-005 P &Z S taff Report
Exhib it A - Loc ation Map
Exhib it B - Metes and Bounds
S ervic e Plan
Page 28 of 68
Page 29 of 68
Page 30 of 68
Page 31 of 68
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Page 33 of 68
Page 34 of 68
Planning and Zoning Commission
Planning Department Staff Report
ANX-2018-005 Page 1 of 6
Garey Park Zoning
Report Date: August 3, 2018
File No: ANX-2018-005
Project Planner: Robyn Miga, Planner
Item Details
Project Name: Garey Park Annexation/Zoning
Location: 6450 RM 2243
Council District: District 2 (proposed)
Total Acreage: Approximately 537.941 acres
Legal Description: 537.941 acres in the B. Manlove Survey, Abstract No. 420, Milton Hicks
Survey, Abstract No. 287, P. Weathersby Survey, Abstract No. 680, A.M.
Brown Survey, Abstract No. 85, J. C. Thaxton Survey, Abstract No. 756, I. Sauls
Survey, Abstract No. 595, and I. & G. N. R. R. Survey, Abstract No. 741
Applicant: Kimberly Garrett, City of Georgetown
Property Owner: City of Georgetown
Request: Zone approximately 537.941 acres to Public Facilities (PF) upon annexation
instead of the initial default zoning of Agriculture (AG).
Case History: This is the first public hearing for this zoning case.
Page 35 of 68
Planning Department Staff Report
ANX-2018-005 Page 2 of 6
Garey Park Zoning
Location Map
Overview of Applicant’s Request
On June 26, 2018, the City Council directed staff to prepare a request for the voluntary annexation
of 537.941 acres, with the request to have a base a zoning district of Public Facilities (PF), for the
property known as Garey Park. The designated of the PF zoning district is to be completed upon
annexation instead of the default Agriculture (AG) zoning district, which will better accommodate
the land uses on the property today, which is a public park.
Site Information
Location:
The subject property is located north of RM 2243, east of Ronald Reagan Blvd., west of Escalera
Pkwy., and south of University Ave.
Physical Characteristics:
The subject property is developed as a public park known as Garey Park, operated by the City of
Georgetown. The property is heavily wooded, and comprises of multiple water features, including
springs and the South San Gabriel River and other geological features.
Future Land Use and Zoning Designations:
The subject property has a Parks, Recreation, Open Space Future Land Use designation, and no zoning
designation due to its location in the extraterritorial jurisdiction (ETJ).
Surrounding Properties:
The property is surrounded by development located within the City’s extraterritorial jurisdiction
(ETJ), west of the Escalera Ranch Subdivision, and south of Gabriel’s Overlook Subdivision.
The current zoning, Future Land Use designation, and existing uses of the adjacent properties are
outlined in the table below:
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North Extra-territorial
Jurisdiction (ETJ) Low Density Residential Single-Family
Subdivision
South Extra-territorial
Jurisdiction (ETJ) Round Rock’s ETJ Vacant, wooded land
East Extra-territorial
Jurisdiction (ETJ) Low Density Residential Single-Family
Subdivision
West Extra-territorial
Jurisdiction (ETJ) Round Rock’s ETJ Single-Family
Subdivision
Page 36 of 68
Planning Department Staff Report
ANX-2018-005 Page 3 of 6
Garey Park Zoning
Property History
The subject property is currently going through the voluntary annexation process with the City of
Georgetown and is slated to be annexed October 9, 2018. This property was donated to the City of
Georgetown in 2004 with the intent of the property being developed as a public park.
2030 Comprehensive Plan Guidance
Future Land Use:
The 2030 Comprehensive Plan designates land use categories on this property is Parks, Recreation,
Open Space.
The Parks, Recreation, Open Space designation applies to existing public parks, golf courses, and
protected open spaces of city-wide significance, which are expected to remain as open space in
perpetuity. Potential future large-scale park acquisitions, as well as smaller neighborhoods parks
and recreational uses are shown in the Parks and Open Space Master Plan.
Growth Tier
The subject property is located within Growth Tier 2. Tier 2 are those properties that lie outside the
city limits, but within the City’s Extraterritorial Jurisdiction (ETJ). This area likely will be 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.
Transportation
Primary access to the subject property is from RM 2243, which is identified in the Overall
Transportation Plan as a Major Arterial.
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 Arterials connect major traffic generators and land use concentrations and serve
much larger traffic volumes over greater distances.
Utilities
The subject property is located within the City of Georgetown service area for water. Wastewater
service is accommodated by On-Site Septic Facilities (OSSF). Additionally, it is located within the
Pedernales Electric Cooperative (PEC) service area for electric . There is adequate infrastructure to
serve the property.
Page 37 of 68
Planning Department Staff Report
ANX-2018-005 Page 4 of 6
Garey Park Zoning
Proposed Zoning District
The applicant is proposing to rezone the property to Public Facility (PF). The PF district is intended
to provide a location for government and other public or quasi-public facility operations. These may
include schools, public parks, hospitals, airports, government offices, churches and other related
uses, but would not include industrial facilities or storage yards. Some uses allowed in this district
might generate heavy traffic volumes and high -intensity operations. The PF district shall contain
uses that are allowed in both residential and non-residential districts and is subject to non-residential
design and landscaping standards for compatibility with nearby or adjacent residential uses.
Permitted uses in this district include, but are not limited to, emergency services station,
government/post office, library, hospital, and utilities. Other uses such as schools, community
centers, churches, restaurants, and event facilities are permitted subject to specific design limitations
to ensure compatibility with the surrounding properties. Certain land uses including group homes
with more than 16 residents, orphanage, psychiatric hospital, and major event entertainment, may
be permitted subject to approval of a Special Use Permit (SUP). Attachment 4 contains a
comprehensive list of PF district permitted uses and development standards.
Inter Departmental, Governmental and Agency Comments
The proposed zoning 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.
Staff Analysis
Staff has reviewed the rezoning request and determined that the proposed rezoning meets the
criteria established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below:
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
P&Z and City Council. Staff reviewed the
application and deemed it complete.
2. The zoning designation is
consistent with the
Comprehensive Plan.
Complies The proposed zoning change is consistent
with the Future Land Use element of the
2030 Comprehensive Plan. The Future Land
Use map designates the property as Parks,
Recreation, Open Space, which is meant for
land uses such as public parks and other
recreational facilities. The proposed zoning
designation is consistent with the goals of
the Comprehensive Plan and the Parks
Page 38 of 68
Planning Department Staff Report
ANX-2018-005 Page 5 of 6
Garey Park Zoning
APPROVAL CRITERIA FINDINGS STAFF COMMENTS
Master Plan by providing recreational
facilities to residents and community.
3. The zoning promotes the
health, safety or general
welfare of the City and the
safe orderly, and healthful
development of the City.
Complies The proposed zoning district promotes the
health, safety, and general welfare of the
City by allowing these important public
recreational amenities for residents. This
location promotes the orderly and healthful
development of the City by allowing these
important civic services to be easily accessed
by the public, as well as where services may
be easily provided to the public.
4. The zoning change is
compatible with the present
zoning and conforming uses
of nearby property and with
the character of the
neighborhood.
Complies The proposed zoning change is compatible
with the immediate surrounding uses. The
majority of land immediately adjacent to the
subject property is residential developed in
the ETJ. The proposed zoning would be
consistent with the use that already exists on
the property.
5. The property to be zoned is
suitable for uses permitted by
the District that would be
applied by the proposed
amendment.
Complies The Public Facilities (PF) zoning designation
is an appropriate zoning district for this
property, which is developed as a public
park. The City has gone through the process
of ensuring that all public facilities have this
zoning designation, including all of the
current City of Georgetown parks.
Based on these findings, staff finds that the proposed request meets the criteria outlined in UDC
Section 3.06.030 for a zoning map amendment (rezoning). The proposed PF will allow important
government, community and recreational facilities to be located near a major intersection facilitating
easy access to nearby residential neighborhoods and the region.
Public Comments
As required by the Unified Development Code, all property owners within a 200 foot radius of the
subject property and within the city limits are required to receive written notice regarding the public
hearing, however, since all surrounding property is within the ETJ, no notices were mailed. A legal
notice advertising the public hearing was placed in the Sun Newspaper (July 22, 2018) and a sign
was posted on-site.
No written or verbal comments have been received by the Planning Department staff.
Meetings Schedule
The public hearings regarding land use for this case correspond with the annexation schedule
Page 39 of 68
Planning Department Staff Report
ANX-2018-005 Page 6 of 6
Garey Park Zoning
approved by City Council granting the petition.
August 7, 2018: Planning and Zoning Commission
August 28, 2018: 1st Public Hearing held at City Council Meeting @ 3pm
August 28, 2018: 2nd Public Hearing held at City Council Meeting @ 6pm
September 25, 2018: 1st Reading of Ordinance at City Council Meeting
October 9, 2018: 2nd Reading of Ordinance at City Council Meeting
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – PF District Development Standards and Permitted Land Uses
Exhibit 5 – Applicant’s Letter of Intent
Page 40 of 68
L e a n d e r R d
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Coordi nate System : Texas State Plane/Centr al Zone/N AD 83/U S FeetCartographic Data For G eneral Plann ing Pu rpo ses Only
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Page 41 of 68
Resolution
Exhibit "B"
Page 42 of 68
Resolution
Exhibit "B"
Page 43 of 68
Resolution
Exhibit "B"
Page 44 of 68
Resolution
Exhibit "B"
Page 45 of 68
Resolution
Exhibit "B"
Page 46 of 68
Resolution
Exhibit "B"
Page 47 of 68
Resolution
Exhibit "B"
Page 48 of 68
Resolution
Exhibit "B"
Page 49 of 68
CITY OF GEORGETOWN ANNEXATION
R.M. 2243
EXHIBIT
PROPERTY DESCRIPTION
Page 1 of 3
June 28, 2018
DESCRIPTION OF A 15.522 ACRE (676,157 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN T.
CHURCH SURVEY, ABSTRACT NO. 140 AND THE KEY WEST IRRIGATION SURVEY, ABSTRACT NO . 711, IN
WILLIAMSON COUNTY, TEXAS, SAID 15.522 ACRES BEING A PORTION OF R.M . 2243 (RIGHT-OF-WAY W I DTH
VARIES), AND PLATIED RIGHT-OF-WAY DEDICATIONS BEING PORT IONS OF 1) PLANNED UNIT
DEVELOPMENT OF ESCALERA RANCH SECTION FIVE, A SUBDIVISION OF RECORD IN CABINET CC, SLOES
149-151, 2) PLANNED UNIT DEVELOPMENT OF ESCALERA RANCH SECTION ONE, A SUBDIVISION OF
RECORD IN CABINET R, SLIDES 311-314, AND 3) FINAL PLAT OF THE PRESERVE, PHASE II (THE PLANNED
UNIT DEVELOPMENT OF ESCALERA RANCH) CABINET GG, SLIDES 55-59, ALL OF THE PLAT RECORDS OF
WILLIAMSON COU NTY, TEXAS, SA ID 15.522 ACRE (676,157 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found in the existing northerly Right-of-Way (ROW) line of R. M. 2243,
being the southeasterly corner of that called 100.00 acre tract of land described in Special Warranty Deed
to the City of Georgetown recorded in Document No . 2016105284 of the Official Public Records of
Williamson County, Texas , same being the southwesterly corner of that called 9.921 acre tract of land
described in Deed to the City of Georgetown recorded in Document No. 2006045081 of the Official Public
Records of Williamson County, Texas, for the northwesterly corner and POINT OF BEGINNING of the
herein described tract;
THENCE, with said existing northerly ROW line , same being the southerly boundary line of said 9.921
acre tract, the following (2) two courses:
1) Along a curve to the right, having a delta angle of 01°14'04", a radius of 1949.86 feet , an arc length
of 42.01 feet and a chord which bears N 80°47'30" E for a distance of 42.01 fee t to a point of
tangency;
2) N 81°24'30" E, for a distance of 60.68 feet to the southeasterly corner of said 9.921 acre tract, same
being the southwesterly corner of a 20' wide street ROW dedication (0.537 AC.) per said Planned
Unit Development of Escalera Ranch, Section Five ;
3) THENCE, with the easterly boundary line of said 9.921 acre tract , same being the westerly boundary
line of said Planned Unit Development of Escalera Ranch, Section Five, N 21°35'22" W for a
distance of 20.53 feet the northwesterly corner of said 20' ROW dedication, same being the
southwesterly corner of Lot 25 (Water Tank Site) per said plat, for an angle point herein;
THENCE, departing said 9.921 acre tract , with the northerly line of said 20' wide ROW dedication, being
20 feet northerly of and parallel with said existing northerly row line of R.M. 2243, the following (3) three
courses:
4) N 81°24'31" E, for a distance of 438.78 feet to a point of curvature to the right;
5) Along said curve to the right , having a delta angle of 05°48'00", a radiu s of 5789.62 feet, an arc
length of 586.07 feet and a chord which bears N 84°18'32" E for a distance of 585.82 feet to a point
of tangency ;
6) N 87°12'31" E, at a distance of 14 7. 76 feet pass the northeasterly corner of said 20' ROW dedication
per said Escalera Ranch Section Five, same being the northwesterly corner of a 20' wide ROW
dedication per said Planned Unit Development of Escalara Ranch, Section One, and continuing for a
tot a l distance of 1988.27 feet, to th e northeasterly co rner of said 20' wide ROW dedication in the
westerly lin e of a 27.5' wide ROW dedication per said Final Plat of the Preserve, Phase II , for an ell
co rn er;
Resolution
Exhibit "B"
Page 50 of 68
CITY OF GEORGETOWN ANNEXATION
R.M. 2243
Page 2 of 3
June 28, 2018
7) THENCE, with the common boundary line of said Planned Unit Deve lopment, Section One, and Final
Plat of the Preserve, Phase II, N 02°32'37" W, for a distance of 7.50 feet to the southwesterly corner
of Lot 46, Block D of said Final Plat of the Preserve, Phase II, same being in the easterly boundary
line of Lot 1, Block D (0.664 acre Landscape Lot) of said Escalara Ranch, Section One, for an ell
corner;
8) THENCE, departing said Escalara Ranch, Section One, with the existing northerly line of said 27.50
foot ROW dedication, being the southerly boundary line of said Lot 46 and Lots 47 and 48, Block D,
same being 27.5 feet northerly of and parallel with said existing northerly row line of R.M. 2243,
N 87°12'31" E for a distance of 624.57 feet to the northeasterly corner of said 27.5' ROW dedication,
same being the sou theasterly corner of said Lot 48 in the westerly boundary line of that called 47.42
acre tract (Tract II) of land described in Special Warranty Deed to Georgetown Properties II , LLC
recorded in Document No. 2012043969 the Official Public Records of Williamson County, Texas, for
an ell corner;
9) THENCE, with the common boundary line of said 47.42 acre trac t, and said 27.5' ROW dedication
tract , S 02°30'34" E for a distance of 27.50 feet to a point in sa id existing northerly ROW line of FM
2243, same being the southwesterly corner of said 47.42 acre tract, for an ell corner;
THENCE, with the said existing northerly ROW line of said R.M. 2243, the following four (4) courses:
1 0) N 87°12'31" E for a distance of 241.87 feet to a point of curvature to the left;
11) Along said curve to the left, having a delta angle of 07°34'30", a radius of 2824.79 feet, an arc length
of 373 .4 6 feet and a chord which bears N 83°25'16" E for a distance of 373 .19 feet to a point of
tangency;
12) N 79°38'01" E, at a distance of 228.36 feet to the southwesterly corner of a 15' wide City of
Georgetown Annexation tract , cited in City Ordinance No . 2012-55, same being the southeasterly
corner of said 47.42 acre tract, also being the southwesterly corner of that called 6.190 acre tract of
land described in Special Warranty Deed to Laredo WO, LTD recorded in Document No . 2009022803
of the Official Public Records of Williamson County, Texas;
13) Continuing N 79°38'01" E, with the common line of said FM 2243 and the southerly City of
Georgetown Limits line, same being the southerly boundary line of said 6.190 acre tract and that
called 330.24 acre tract of land described in Special Warranty Deed to said Laredo WO , LTD
recorded in Document No. 2007014285 of the Official Public Records of Williamson County, Texas,
for a distance of 2846.24 feet to a point of curvature to the left;
14) Along said curve to the left, having a delta angle of 00°37'34", a radius of 5689 .58 feet, an arc length
of 62.16 feet and a chord which bears N 79°19'15" E for a distance of 62.16 feet to a point, being the
southeasterly corner of said 15' wide City Limits tract and said 330.24 acre tract in the westerly line of
another City of Georgetown Annexation tract , described in Ordinance No. 2005-101, same being the
southwesterly co rner of that called 76.00 acre tract of land described in Partition and Exchange Deed
to Gordon Winston Faubion recorded in Document No. 2005101511 of the Official Public Records of
Williamson County, Texas, for th e northeasterly corner of the herein described tract;
15) THENCE, departing said northerly ROW line , with the westerly line of the City of Georgetown city
limits (Ordinance No. 2005-101), crossing said R.M. 2243, S 20°42 '59" E for a distance of 81.15 feet
to a point in th e cu rving southerly ROW lin e of said R.M . 2243, being in the approximate easterly
ROW lin e of C. R. 176, for the south eas ter ly corne r of the here in described tract;
THENC E, departing sa id westerly City Limits line, with th e southerly ROW line of sa id R.M. 2243, th e
following seven (7) cou rses :
Resolution
Exhibit "B"
Page 51 of 68
CITY OF GEORGETOWN ANNEXATION
R.M . 2243
Page 3 of 3
June 28 , 2018
16) Crossing said C. R. 176, along a curve to the left, having a delta angle of 00°45'44", a radius of
5769.58 feet, an arc length of 76.75 feet and a chord which bears S 79°15'1 0" W for a distance of
76.74 feet to a point of tangency;
17) S 79°38 '01" W for a distance of 3074.60 feet to a point of curvature to the right ;
18) Along a curve to the right, having a delta angle of 07°34'30, a radius of 2904.79 feet , an arc length of
384.04 feet and a chord which bears S 83°25'16" W for a distance of 383.76 feet to a point of
tangency;
19) S 87°12'31" W for a distance of 2854.60 feet to a point of curvature to the left;
20) Along said curve to the left, having a delta angle of 05°48'00", a radius of 5689.58 feet, an arc length
of 575.95 feet and a chord which bears S 84°18'32" W for a distance of 575.71 feet to a point of
tangency;
21) S 81 °24'31" W for a distance of 494.84 feet to a point of curvature to the left;
22) Along said curve to the left, having a delta angle of 00 °43'04", a radius of 1869.86 feet, an arc length
of 23.43 feet and a chord which bears S 81°02'59" W for a distance of 23.43 feet to a point, for the
southwesterly corner of the herein described tract;
23) THENCE, departing said southerly ROW line, crossing said R.M. 2243, N 21°42'50" W for a distance
of 81 .83 feet to the POINT OF BEGINNING, containing 15 .522 acres (676, 157 square feet) of land,
more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No .
4203 , NAD 83.
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON
§
§
I<NOW ALL MEN BY THESE PRESENTS:
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct and that the property described herein was determined by a survey made
partially on the ground and partially from record information under my direct supervision.
renee M. Russo
egistered Profe ss ional Land Su
Inland Geodetics, LP
Firm Registration No : 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
(512) 238-1200
ound Rock, Williamson County , Texas.
S:\_C ITY OF GTOWN\RM 2243 ANNEXATION DESC\PARCEL\2018-ANNEX-RM 2243.doc
Resolution
Exhibit "B"
Page 52 of 68
LEGEND
t:,. CALCULATED POINT
0 1/2" IRON ROD FOUND
(UNLESS NOTED)
It PROPERTY LINE
~ LINE DISTANCE BREAK
RECORD INFORMATION
P.O.B . POI NT OF BEGINNING
O.P.R.I'I.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY , TEXAS
P.I'I .T.C.T. PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
CITY OF GEORGETOWN
(1 00.00 AC.)
DOC. NO. 2016105284
O.P.R. W.C. T.
~INLANDu ~ GEODETIC$~
PROFESSIONAL LAND SURVEYO ~
1 504 CHISHOLM TRA I L RD . STE. 103
ROUND RO CK, TX. 7868 1
PH. (5 12) 238-1200, FAX(5 12) 238-1251 lq F IRM REGISTRATION NO. 100591 -00 P"
\
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CITY OF GEORGETOWN \
(9.921 AC.) \
DOC. NO. 2006045081 \
O.P.R.I'/.C.T.
\
P.O.B. \
):\CITY OF GTOWN\RM 2243 ANNEXATION DESC\PARCEL\COG-RM2243-ANNEX-SHT l.dwq
NO. DIRECTI ON L1 N81'24'30"E L2 N21'35'22''W L6 N2 1'42'50 ''W
DISTANCE
60.68 ' 20.53' 81.83'
PLANNED UNIT DEVELOPMEN T
OF ESCALERA RANCH
SECTION FIVE
CAB. CC SLDS. 149-151
, ... c;~
, ..... J _,
LOT 2
(2. 744 AC.) I
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I PLANNED UNIT DEVE LOPMENT
OF ESCALERA RANCH
SECTION ONE
CAB . R, SLDS. 310-314
P.R.W.C.T.
I 20' ADDITIONAL R.0.\'1.
DEOICA TEO/P LAT ~:;~jj~:;::~~~~;;~~~~~::::~~::::!:::::~~~~~::~~~::_J::~::::~:::::::N 8:7~'1:,2'~3:1 "~E~~1 9~8:8:.27:·::::::::~:::::J~~ ElOSllNG R.O.W. (N88'33.5'E) S! ~
~~~~~::~~~~::::~~~~::::~~~~::::~~~--~~~~~-------£~~~---------s,~;1(S~8;8'3~3~.5;·w~)~o------------~---"l ~~ IJ(lSnNG R.O.W. S87' 12.31 '\'/ 285 4.60 ' ~!
P.R.I'I.C.T. ~
LO T 1
(3.500 AC.)
(S82' 45.5'W) , " 494.84 58 ,·24'31 \'l 15 .522 ACRE ANN EXATION TRACT
676,1 57 SQ. FT.
NUMBER DELTA RADIUS C1 1'1 4'04" 1949.86 ' C2 5'48'00" 5789.62' C9 5'48 '00" 5689.58 ' C10 0'43'04 " 1869.86 '
LENGT H CHORD CHORD BEARING 42.0 1' 42.0 1' N80'47'30"E 586 .07 ' 585.82' N84'1 8'32"E 575 .95 ' 575 .71' S84'18'32'W 23.43' 23.43' S8 1'02 '59 ''W
CITY OF GEORGETO WN, TEXAS
2018 ANN EXATIO N
1 5 .522 ACRE
676,1 57 SQUARE FEET
100 0 100 200
~ell~ I l
SCALE 1" = 200'
07/06/18
PAGE 1 OF 3
Resolution
Exhibit "B"
Page 53 of 68
I
I \ \ \
6
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~
P.O.B.
O.P.R.I'I .C.T.
P.I'I.T.C.T.
LEGEND
CALCULATED POINT
1/2" I RON ROD FOUND
(UNLESS NOTED)
PROPERTY LINE
LINE DISTANCE BREAK
RECORD INFORMATION
PO INT OF BEGINN ING
OFFICIAL PUBLIC RECORDS
WILLIAM SO N COU NTY, TE XAS
PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
LOT 41
LOT 42
LOT 43
I
I
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L
FINAL PLAT OF
THE PRESERVE PHASE II
(THE PLANNED
UNIT DEVELOPMENT
OF ESCALERA RANCH)
CAB. GG, SLDS. 55-59
P.R.I'I.C.T.
I I
I I
I LOT 44 I ~
~ I LOT 45 I
I ' I I I I -----z,_ 20' ADDITIONAL R.0.\'1. I
LOT 63 ~ DEDI CATED/P~T __ _
LANDSCAPE LOT --(;;
t=~-------N 87'1 2'3 1 "E -1 988.27' (N88' 33.5'E)
\
BLOCK D
\
~
\
LOT 47
LOT 48
\ 27.5' "
\ (0.392 ACRE/17 ,100 SQ. FT.) "
OF ADDITIONAL "
\ ROW HEREBY DED1C A TED
PER PLAT "
I
I
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LOT 46 \
N87'12'31"E 624.57'
EXISTING R.O.W. R.M. 2243
(R.O.IY. W/OTII VltRICS)
GEORGETOWN PROPERTIES II, LLC
TRACT II
DOC. NO. 2012043969
O.P.R. 1'/.C. T.
C3
c8
\
\
\
\
(S88'33.5'1'/) OliSTliiG R.O.W.
NUMBER DELTA I RAD IU S
C3 7'34'30" I 2824.79'
C8 7'34'30" I 2904.79 '
NO . I DIRECTION I DISTANCE I
L3 I N02'32'37"W I 7.50' I
L4 I S02'30'34"E I 27.50' I
,.d.V I N L A N D u 1-
GEODETI CS ~ -~
PROFESSIONAL LAND SURVEYORS
I 504 CHISH OLM TRAIL RD. STE. I 03
ROUND ROCK, TX. 7868 1
PH. (S 12) 238-1200, FAX (S 12) 238 -125 I
"111 FIRM REGI STRATION NO. 1 00591-00 p
):\ CI TY OF GTOWN\RM 224 3 A N N EXATION D ESC\PA RCEL\CO G·RM2243-ANNEX·SHT 2.dwo
SB7'12'3 1"W 2854.60'
LENGTH CHORD
373.46' 373.19'
384.04' 383.76
15.522 ACRE
ANNEXATION TRACT
676,157 SQ. FT.
CHORD BEARIN G ]
N83 '25 16 'E -1
S83'25' 16"W l
CITY OF GEORGETO WN , TEXAS
20 18 ANNEXA T!ON
15.522 ACRE
676,157 SQ UA RE FEET
\ \
\ \
\
\
\ \
\
LAREDO WO, L TO. \
(6.190 AC.)
\
\
DOC. NO. 2009022803 \
O.P.R. I'I.C. T.
\
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15' WIDE CITY OF GEORGETOWN
ANNEXATION TRAC T \ CITY ORDI NANCE
No. 20 12 -55
100 0 100
&•wd I
SCALE 1 " = 200'
200
I
07/06/18
PAGE 2 OF 3
Resolution
Exhibit "B"
Page 54 of 68
LEGEND
/',. CALCULATED POINT
0 1 /2" IRON ROD FOUND
(UNLESS NOTED)
If'_ PROP ERTY LINE
~ LINE DISTANCE BREAK
RECORD INFORMATION
P.O.B. POINT OF BEGINNING
O.P.R.I'I.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.W.T.C.T. PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCES ARE SURFACE
DISTANCES.
2) THIS SURVEY WAS PERFORMED I'~THOUT BENEFIT OF A
TlTLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT
THIS TRACT NOT DEPICTED HEREON.
ERTlFY THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
ORO INFORMATION UNDER MY DIRECT SUPERVISION.
'IRENCE M. RUSSO
REGISTERED PROFESSIONAL L NO
INLAND GEODETlCS, LLC
FIRM REGISTRATION NO. 100591 -00
15 04 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
IN LA N D u
GEODET I C$~
PROFESSIONAL LAND SURVEYORS
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (5 12) 238-1200, FAX (5 12) 238-125 1
FIRM REG I STRATION NO. l 00591-00
):\ CITY OF GTOWN\RM 2243 ANNEXATION DESC\PARCEL\COG-RM2243-ANNEX-SHT 3.d wo
LAREDO 1'10, L TO.
EXHIBIT A
330.24 AC.
DOC. NO. 2007014285
O.P.R.W.C.T.
\
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676,1 57 SQ. FT.
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DIRECTION
S20'42'59"E
DELTA RADIUS LENGTH
0'37'34" 5689.58' 62.16'
0'45'44" 5769.58' 76.75'
CI TY OF GEORGETO WN, TEXAS
20 18 ANN EXATION
15 .522 ACRE
676 ,157 SQUARE FEET
CHORD
62.16'
76.74'
GORDON 1'1. FAUBION
TRACT A
76.00 AC.
DOC. NO. 20051015 11
O.P .R. I'I.C. T.
r
CITY OF GEORGETOWN
ANNEXATION TRACT
CITY ORDINANCE No. 2005-101
CHORD BEARING
N79'19' 15 "E
S79'1 5 '1 o''W
100 0 100 200
B;oy I I
SCALE 1" = 200 '
07/06/18
PAGE 3 OF 3
Resolution
Exhibit "B"
Page 55 of 68
Annexation Service Plan Page 1 of 13
Area: Garey Park
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: GAREY PARK
COUNCIL DISTRICT NO.: 2
DATE: SEPTEMBER 25, 2018
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 “Garey Park”. 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
March 8, 2018 3pm and March 8, 2018 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.
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,
Page 56 of 68
Annexation Service Plan Page 2 of 13
Area: Garey Park
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 57 of 68
Annexation Service Plan Page 3 of 13
Area: Garey Park
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 58 of 68
Annexation Service Plan Page 4 of 13
Area: Garey Park
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 59 of 68
Annexation Service Plan Page 5 of 13
Area: Garey Park
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 60 of 68
Annexation Service Plan Page 6 of 13
Area: Garey Park
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
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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
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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
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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.
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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:
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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)
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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
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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.
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