HomeMy WebLinkAboutORD 2025-51 - 2025-5-ANX-208 White Eagle PassORDINANCE NO. 2bZ5-51
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS AND THE
ANNEXATION AND INITIAL ZONING DESIGNATION OF
AGRICULTURE (AG) OF CERTAIN TERRITORY
CONSISTING OF 0.47 ACRES, MORE OR LESS, KNOWN
AS LOT 4, BLOCK B OF THE INDIAN CREEK
SUBDIVISION, AS DESCRIBED HEREIN; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE 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;
and
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 0.47 acres on August 12, 2025 and
WHEREAS, Section 4.03.010 of the City's Unified Development Code ("UDC") creates
procedures for initial zoning of newly annexed territory; and
WHEREAS, all prerequisites of state law and the City Charter have been complied with.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. 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.
Section 3. The City Council of the City of Georgetown hereby annexes into the City limits
Lot 4, Block B of the Indian Creek Subdivision, as shown in Exhibit A (the "Property"). The
Property is hereby included in City Council District 6, as it is adjacent to Council District 6 and
no other City Council Districts. The City's official boundary map and City Council Districts map
shall be amended accordingly.
Ordinance Number: ZS—s) 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 in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Council hereby finds that a zoning classification of Agriculture (AG) is appropriate for the
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
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 8. 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 immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the D�of 2025.
PASSED AND APPROVED on Second Reading on the —Im— of2025.
Robyn De more, City Secretary
Ordinance Number: WZ, S-51 Page 2 of 3
Description: 208 White Eagle Pass
Date Approved: August 26, 2025
APPROVED AS TO FORM:
-Iax_�
kye assoi ity Attorney
Ordinance Number: ZOZS-61 Page 3 of 3
Description: 208 White Eagle Pass
Date Approved: August 26, 2025
Exhibit A
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of a survtr on the ground under "fly supenlston and is true orld corlecl and
fhal there are no discrepancies, �vn118C1s, shorlal}es in area, boundary line
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Exhibit B
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND ELIZABETH KNIGHT
phis 4unicipal Services Agreement ("Agreement") is entered into on the % day of
_�,=Vo_, 2025 by and between the City of Crcorgetokmi, Texas, a home -rule
municipality of the State of Texas ("City") and Elizabeth Knight ("Owner").
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 an
area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land located at 208 White Eagle Pass Texas;
Georgetown, Texas 78626, which consists of approximately 0.47 acres of land in the City's
extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit
"A" attached and incorporated herein by reference ("Property");
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, Cite 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 full, 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
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3. MUNICIPAL SERVICES.
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.
Dire Protection acid Emeraency )Medical Services - The City of
Georgetown Fire Department will provide response services in the
annexed area consisting of: fire suppression and rescue; emergency
response to 9-1-1 calls; fire prevention education efforts, and other
duties and services provided by the Georgetown Fire Department.
ii. Polio - The City's Police Department will provide protection and
law enforcement services.
iii. Plaiuiin2 and Development. Building Permits. and Inspections
Services - Upon annexation, the City will provide site plan review;
zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and
permits; and Stormwater Permit services in the annexed.
iv. Parks and Recreational Facilities. Residents of the Property will be
permitted to utilize all existing publicly -owned parks and
recreational facilities and all such facilities acquired or constructed
after the Effective Date (including community service facilities,
libraries, swimming pools, etc.), throughout the City. Any private
parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and
operation of the same upon acceptance of legal title thereto by the
City and appropriations therefor. In the event the City acquires any
other parks, facilities, or buildungs necessary for City services within
the Property, the appropriate City department will provide
maintenance and operations of the same.
V. Other Publicly Owned Buildings. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Library - Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utilitv Services - The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
208 White Eagle Pass (2025-5-AiNX) Municipal Service Agreement
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will cover the direct and indirect costs of stormwater management
services.
viii. 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, sealeoat, 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.
ix. Water and Wastewater Facilities in the Annexed Area that Are Not
Within the Area of Another Water or Wastewater Utility —City-
owned water and wastewater facilities that exist in the annexed area
will be maintained in accordance with City ordinances, standards,
policies and procedures.
X. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. Code Compliance — The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Aninnal Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Regulations — Upon annexation, the City
shall provide business licensing services (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or
Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other
Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized
Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic
Beverages) in the annexed area
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.
C. The City may impose a fee for any municipal service in the area annexed if
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.
All City fees are subject to revision from time to time by the City in its sole
discretion.
d. It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
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.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, 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.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in
Williamson County, Texas or the united States District Court for the Western
District of 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 this 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) municipal Service Agreement
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or immunities.
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 future 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.
CITY i
208 White Eagle Pass (2025-5-ANX) Municipal Service Agreement
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Approved as to Form:
tikye Masson
City Attorney
Attest:
Robyn r nsntore, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the
17-- day of 20 Z�
by Josh Schroeder, Mayor of the City of Georgetown,
a Texas municipal carp ration, on behalf of
said corporation.
BY
KAREN FROST
B=c; %M Notary Public, State of Texas
`:
Notary Public, State of Texas
-. Comm. Expires 05.24-2028
,�•••;,��
Notary ID 10636084
(OWNER 1)
A
By:
be night T
State of Texas r §
County of §
This instrument was acknowledged before me on the 19 day of Jl tAL y
b
of Elizabeth A Knight.
By:
Notary PV i Sta e of Texas
1,
ESH JO)TWANI
My Notary 10 # 133MS3
EOM February 16, 2026
208 White Eagle Pass (2025-5-ANX) Municipal Service Agreement
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