HomeMy WebLinkAboutORD 2025-51 - 2025-5-ANX-208 White Eagle PassORDINANCENO.
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ANNEXATION r INITIAL ZONINGDESIGNATION i'+ OF
AGRICULTURE (AG) OF TERRITORY
CONSISTINGOF 0.47 i' OR i
AS LOT 4, BLOCK OF 1
SUBDIVISION,DESCRIBED REPEALING
CONFLICTINGORDINANCES ANDRESOLUTIONS;
INCLUDING' F
ESTABLISHING
DATE.
WHEREAS, the owners of the area proposed for annexation requested annexation of the
area by the City of Georgetown ("City") pursuant to Local Government Code Section 43.0671;
•
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction
of the City and is contiguous to the City; and
WHEREAS, the City Council approved a Municipal Services Agreement with Elizabeth
A. Knight for 1+ on August 12, 2025and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF i' i
Section 1. The meeting at which this ordinance approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 5 5 1.
Section 2. - facts and recitations contained in the preamble of 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.'
i • • • • • r •
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shall be amended accordi
Ordinance Number: Pagel of 3
Description: 208 White Eagle Pass
Date Approved: August 26, 2025
Section 4. In accordance with the procedures for initial zoning of newly annexed territory
described 4.03.010 of the UDC,reasons
Counciliy finds that a zoning classification of a • a appropriate fi
Property and consistent with the City's Comprehensive Plan, and upon annexation, the Property
shall have a zoning of Agriculture (AG). The City's Official Zoning Map shall be amended
accordingly.
Section 5. Upon annexation of the Property, the City shall provide to the Property the
municipal services set forth in the Municipal Services Agreement attached to this ordinance as
Exhibit B and by this reference incorporated within it (the "Agreement"), pursuant to the schedule
set forth therein. The City shall have no obligation to provide services to the Property not listed in
the Agreement.
Section 6. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 7. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
ajVlication thereof of this ordinance which can be given effect withtut the
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section i. The Mayor is hereby• • sign this ordinance and the City Secretaryto
accordance with the provisions of the City Charter of the City of Georgetown.
attest. This Ordinance shall become effective and be in full force and effect immediately in
PASSED AND APPROVED on First Reading on thej4t�pf _, 2025.
F-IASSED AND APPROVED on Second Reading on the At of**4� 2025.
�34
Robyn e more, City�Secretary�
0rdinance Number: W Page 2 of 3
Description: 208 White Eagle Pass
Date Approved: August 26, 2025
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BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND ELIZABETH KNIGHT
111is unicipal Services Agreement ("Agreement) is entered into on the day of
2025 by and between the City of Georgetown, Texas, a home -rule
RESUI&L-S
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered into this Agreement
WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex
area if each owner of land in an area requests the annexation; I
WHEREAS, where the City elects to annex such an area, the City is required to enter into
,6igi 1,A, 3k ri,vided fd?
WHEREAS, Owner owns certain parcels of land located at 208 White Eagle Pass Tex
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Georgetown, Texas 78626, which consists of approximately 0.47 acres of land in the City
waywigg M"i tkNIF I$ Lea I I Law I giair-, 4V,-06 104073 14 EWA Vdtoltig VL%mAUWt6 I 01."VFM
WHEREAS, Owner has filed a written request with the City for annexation of the
Property, identified as Annexation Case No.2025-5-ANX ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Georgetown City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the
subject of the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery
of Ul, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
208 White Eagle Pass (2025-5-ANX) Municipal Service Agreement
1
a_ Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used- in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
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ii. Police — The City's Police Department will provide protection and
rcernent services.
i HL Pgani g elqgMM Buildin Permits. and In
rjang,Mg� �and Q�ev X_� Lh000ft
Upon annexation, the City will pro ide sit plan review;
zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and
permits; and Stormi Permit services in the annexed.
iv. ko*"And Recreational Facilities. Residents of the Property will I
pen-nitted to utilize all existing publicly -owned parks ar
recreational facilities and all such facilities acquired or constri•
after the Effective Date (including community serivice facilitie
libraries, swimming pools, etc.), throughout the City, Any priva
parks, facilities, and buildings will be unaffected by the annexatio
provided, however, that the City will provide for maintenance ar
operation of the same upon acceptance of legal title thereto by tl
City and appropriations therefor. In the event the City acquires ar
other parks, facties, or buildings necessary If' services with
the Property, the appropriate City department will provi(
maintenance and operations of the same.
VResidents of the Property will I
permitted to use all other publicly owned buildings and faciliti'
where the public is granted access.
vi. Liboa — Upon annexation, library privileges will be available
anyone residing in the annexed area
vil. Stormwater Utility Services — The Property will be included
rvice area and will be assessed
monthly fee based on the amount of impervious surface, The few
208 White Eagle Pass (2025-5-AiNX) Municipal Service Agreement
2
will cover the direct and indirect costs of stormwater management
services.
viii. The City will pI
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preventative maintenance of the existing public streets and roads
the annexed area over which it has jurisdiction through mainte a
and preventative maintenance services such as emergency paverne
repair; ice and.snow monitoring; crack seal, sealcoat, slurry seal, an
PM overlay; and other routine repair. The City shall not main
e
an
private roads in the annexed area. Preventative maintenanc
projects are prioritized on a City-wide basis and scheduled based o
a variety of factors, including surface condition, rideability, ag
traffic volume, functional classification., and available funding.
new streets are dedicated and accepted for maintenance they will b
included in the City's preventative maintenance program.
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will be maintained in accordance With City ordinances, standards,
policies and procedures.
X. The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
Xi. gqq�L��� The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Anim,al Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
Upon annexation the City
shall provide business licensing services (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or
Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other
Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized
Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic
Beverages) in the amexed area
b. The City will provide water service and wastewater treatment service to
developments established after the Effective Date in accordance with, and
on the schedule determined by, the City's extension policies, capital
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
208 White Eagle Pass (2025-5-ANX) Municipal Service Agreement
3
the same type of fee is imposed within the corporate boundaries of the City,
d. It is understood and agreed that the City is not required to provide a service
that is not included in this `'•
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
fl. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such -•r invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, term, or provision was
never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
S. GOVERNING LAW AND VENUE. Venue shall • in the state courts located in
Williamson County, :rexas or the United States District Court for the Western
District ♦ Texas, Austin Division and construed in conformity with the provisions
of Texas Local Government Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any
term or provision of thi s Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that party's right to insist upon appropriate performance
or to assert any such right on any future occasion,
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
208 White Eagle Pass (2025-5-ANX) Nfunicipal. Service Agreement
4
a to to I a -
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or fixture owner of any portion of the
Property,
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Skye Masson
City Attorney
1.T
State of Texas
Countyof Williamson
This instrument was acknowledged before me on the 1 day of „, 20„ ,
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal crrloi
tNton, on behalf of
said corporation.
y=i
State of Texas
County of
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