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HomeMy WebLinkAboutAgenda CC 07.30.2012 SpecialNotice of Meeting of the Governing Body of the City of Georgetown, Texas JULY 30, 2012 The Georgetown City Council will meet on JULY 30, 2012 at 4:00 P.M. at City Council Chambers - 101 East 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order - A SPECIAL MEETING OF THE CITY COUNCIL B First Reading of an Ordinance for the disannexation from the city limits of approximately 267.3 acres located along Leander Road, also known as M.U.D. #25 and Water Oak -- Jordan J. Maddox, AICP, Principal Planner (action required) Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas July 30, 2012 SUBJECT: Call to Order - A SPECIAL MEETING OF THE CITY COUNCIL ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # A City of Georgetown, Texas July 30, 2012 SUBJECT: First Reading of an Ordinance for the disannexation from the city limits of approximately 267.3 acres located along Leander Road, also known as M.U.D. #25 and Water Oak -- Jordan J. Maddox, AICP, Principal Planner (action required) ITEM SUMMARY: In December, City Council approved the Amended and Restated Development Agreement and Consent Agreement for the Water Oak development. With the approval, the City Council agreed to cooperate with the developer in their request to disannex property that was previously annexed into the city limits in 2007. The new agreement removed the requirement that the municipal utility district(s), being necessary to fund improvements for the project, be annexed into the city limits. Staff negotiated a provision that an approximately 1-acre strip of land along RM 2243 (Leander Road) remain in the city limits so that the City has the ability to annex westward if desired in the future. Additionally, the new agreements make provisions for the future City annexation of approximately 70 acres of public parkland along the river within the proposed project. This disannexation is being processed by two willing parties and is not a disputed or challenged disannexation. Therefore, the City is not responsible to refund the property owner(s) with previous taxes paid while the land was in the city limits. The majority Water Oak lands will remain outside of the city limits while the development agreement is in effect or until 90% of the construction of public infrastructure is complete. In order to complete the disannexation the following process will be followed: May – August 2012 Calendar · May 22, 2012: Resolution accepting petition. · June 26, 2012: 1st Public Hearing held at City Council Meeting. · July 10, 2012: 2nd Public Hearing at City Council Meeting. · July 30, 2012: 1st Reading of Ordinance at City Council Meeting (Special Meeting).* · September 11, 2012 (tentative): 2nd Reading of Ordinance at City Council Meeting (or at any meeting prior to and including October 23, 2012). MOTION: Approve first reading of the ordinance disannexing from the city limits 267.3 acres in the Water Oak development. FINANCIAL IMPACT: $206.74 annual advalorem taxes SUBMITTED BY: Jordan J. Maddox, AICP, Principal Planner ATTACHMENTS: Cover Memo Item # B Exhibit A - Location Ordinance Exhibit B-1: Survey (part 1) Exhibit B-1: Survey (part 2) Exhibit B-2: Save and Except Land Survey Cover Memo Item # B Ordinance No. __________ Page 1 of 2 Water Oak original Phases 1-3 disannexation Date Approved: 9.11.2012 Ordinance No. ___________ An Ordinance of the City Council of the City of Georgetown, Texas, providing for the disannexation of territory from the city limits consisting of approximately 267.3 acres for the Water Oak development; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for disannexation submitted a petition in writing requesting disannexation of the area; and Whereas, an Amended and Restated Development Agreement for the Water Oak development project was approved by City Council on December 13, 2011, which made provisions for the disannexation of the approximately 267 acres; and Whereas, City Council accepted a petition and approved a voluntary annexation for 268.30 acres of land on August 28, 2007, for the original phases 1, 2, and 3 for the Water Oak development, memorialized in Ordinance #2007-50; and Whereas, this petition for disannexation will remove nearly all of the land from those original phases, save and except a strip of land parallel to FM 2243 (Leander Road), as described in this ordinance; and Whereas, the property owners and the City of Georgetown agree that the petition for disannexation is voluntarily pursued by both parties and is not the result of a disputed service plan or any other obligation on the part of the City; and Whereas, the City of Georgetown is not responsible for additional services nor reimbursement of property taxes paid during the time the 267 acres was in the city limits; and Whereas, the Georgetown City Council approved a resolution accepting the petition by the terms of said agreement on May 22, 2012; and Whereas, the City Council conducted public hearings on the proposed annexation on June 26, 2012 and July 10, 2012; and Whereas, all of the herein-described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein-described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; Attachment number 1 \nPage 1 of 2 Item # B Ordinance No. __________ Page 2 of 2 Water Oak original Phases 1-3 disannexation Date Approved: 9.11.2012 Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby disannexes from the city limits 267.3 acres out of the J. Thompson, I.&G.N.R.R., D. Medlock, J.T. Church, Isaac Donagan, Key West Irrigation, J.D. Johns, and W.E. Pate Surveys, as shown in “Exhibit A” of this ordinance and described in “Exhibits B-1 and B-2” of this ordinance. Section 3. The 267.3 acres, as described in “Exhibits B-1 and B-2” of this ordinance, is hereby removed from City Council District 2. Section 4. The Service Plan adopted with Ordinance #2007-50, the original annexation, is hereby repealed and is no longer of any force and effect. By this ordinance, the City of Georgetown completes all service obligation described in said Plan. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect ten days after its adoption, in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 30th day of July, 2012. Passed and Approved on Second Reading on the 11th day of September, 2012. Attest: The City of Georgetown: _______________________________ _________________________________ Jessica Brettle George Garver City Secretary Mayor Approved as to form: _________________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # B 15-foot strip to remain in the city limits Tract to be disannexed W SH 29 CR 176 RM 2243 CR 1 7 5 D R V W LEANDER RD P A T R I C I A R D CR 177 BUCK BND DOE RUN VP R A N C H D R W H I T E T A I L D R FAUBION D R DEER DRA W WHISPER L N PAR K S I D E P K W Y FAWNRID G E CHADW I C K D R F O L S O M C T MONAH A N S D R MONTEL L D R B U C K L N B A R T L E Y D R CREEK ME A D O W C V M U L E D E E R C V A X I S D E E R C V ±0 0.3 0.60.15 Miles Exhibit N:Exclusion Tract Legend Streets Parcels City Limits Exclusion Tract Streams 15-foot strip Attachment number 2 \nPage 1 of 1 Item # B Exhibit B-1 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 8 It e m # B Exhibit B-1 Attachment number 3 \nPage 2 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 3 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 4 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 5 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 6 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 7 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 8 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 9 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 10 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 11 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 12 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 13 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 14 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 15 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 16 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 17 of 18 Item # B Exhibit B-1 Attachment number 3 \nPage 18 of 18 Item # B Exhibit B-1 Attachment number 4 \nPage 1 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 2 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 3 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 4 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 5 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 6 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 7 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 8 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 9 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 10 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 11 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 12 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 13 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 14 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 15 of 16 Item # B Exhibit B-1 Attachment number 4 \nPage 16 of 16 Item # B At t a c h m e n t n u m b e r 5 \ n P a g e 1 o f 4 It e m # B At t a c h m e n t n u m b e r 5 \ n P a g e 2 o f 4 It e m # B At t a c h m e n t n u m b e r 5 \ n P a g e 3 o f 4 It e m # B At t a c h m e n t n u m b e r 5 \ n P a g e 4 o f 4 It e m # B