HomeMy WebLinkAboutORD 2026-21 - 2026-2-ANX; Cedar Breaks Road; 2.098 acresORDINANCE NO. 41" 02 t
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF GEORGETOWN,
TEXAS, AND THE ANNEXATION OF APPROXIMATELY 2.098
ACRES OF LAND IN THE JOSEPH FISH SURVEY, ABSTRACT NO.232
AND KNOWNS AS CEDAR BREAKS ROAD AS DESCRIBED HEREIN;
FINDING THAT SURROUNDING THE AREA BETWEEN THE CEDAR
BREAKS ROAD AND THE CURRENT CITY LIMITS IS IN THE
PUBLIC INTEREST; PROVIDING FOR SERVICE PLANS;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown ("City"), as the owner of the hereinafter described
right-of-way, desires for the City, pursuant to Section 43.061 of the Local Government Code, to
annex said area of land into the City of Georgetown, to -wit:
2.098 acres of land in the Joseph Fish Survey, Abstract No. 232, more particularly
shown on the map in Exhibit "A " and described by metes and bounds in Exhibit
"B, " which are attached hereto and incorporated herein by reference as if set forth
in full (the "Cedar Breaks Road Right -of -Way");
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
February 24, 2026; 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, the area to be annexed is not required to be 1,000 feet in width at its narrowest
point because the annexation was initiated upon the written petition of the owner(s) of the area to
be annexed; and
WHEREAS, the City of Georgetown wishes to undertake full jurisdiction, control, and
maintenance of the property, for public road purposes, which property is situated within the City
of Georgetown and more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the City of Georgetown will work to maintain and improve the
aforementioned property in perpetuity; 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:
Ordinance No. A62J4 Page 1 of 2
Cedar Breaks Road 2026-2-ANX
Date Approved: April 28, 2026 Exhibit A, B, and C attached
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. 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 3. The City Council of the City of Georgetown hereby annexes into the city limits
2.098 acres of land in the Joseph Fish Survey, Abstract No. 232, as shown in Exhibit A, and
described in Exhibit B of this Ordinance. The City Council of the City of Georgetown hereby
approves the Service Plan for the area to be annexed, attached as Exhibit C to this Ordinance.
Section 4. The 2.098 acres, as described in Exhibit A and depicted in Exhibit B of this
Ordinance is hereby included in City Council District 2, as it is adjacent to Council District 2.
Section 5. In accordance with Section 12.46.160 of the City's Code of Ordinances, the
City's Official Transportation Service Area Map shall be updated to reflect that the Property is
hereby included in the transportation service area known as "B".
Section 6. 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 7. 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 1411 of April, 2026.
PASSED AND APPROVED on Second Readingon the 281h of April, 2026.
CIT)f OF f EORGETOWN, TEXAS
ATTEST:
Ordinance No. 2,02G - Z i
Cedar Breaks Road
Date Approved: April 28, 2026
Page 2 of 2
2026-2-ANX
Exhibit A, B, and C attached
�.t
Robyn D ismore, City Secretary
APPROVED AS TO FORM:
Skye asson, ity Attorney
Ordinance No. 2,02—rn — 21
Cedar Breaks Road
Date Approved: April 28, 2026
Page 3 of 2
2026-2-ANX
Exhibit A, B, and C attached
EXHIBIT A
GENERAL NOTES:
LEGEND
THIS PROJECT IS REFERENCED FOR
ALL BEARING
CONCRETE MONUMENT WITH U.S. ARMY
AND COORDINATE BASIS TO
THE TEXAS
®
CORPS OF ENGINEERS DISK FOUND
COORDINATE SYSTEM, NORTH AMERICAN
DATUM
1/2—INCH REBAR WITH ALUMINUM DISK
OF 1983 (NAD83 — 2011
ADJUSTMENT),
STAMPED "CITY OF GEORGETOWN" FOUND
CENTRAL ZONE (4203).
(OR AS NOTED)
DISTANCES AND AREAS SHOWN
HEREON ARE
CALCULATED POINT (NOT SET)
SURFACE VALUES REPRESENTED IN
U.S. SURVEY
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS OF
FEET BASED ON A GRID —TO —SURFACE COMBINED
WILLIAMSON COUNTY, TEXAS
ADJUSTMENT FACTOR OF 1.00012.
DEED RECORDS OF WILLIAMSON
D.R.W.C.T.
COUNTY, TEXAS
0' e ' s ' ' 2 ' s ' 1 0'
DOC. NO.
DOCUMENT NUMBER
VOL., PG.
VOLUME, PAGE
R.O.W.
RIGHT—OF—WAY
GRAPHIC SCALE
LINE TABLE
LINE #
BEARING
DISTANCE
L1
N09'52'10"E
120.13'
L2
N10'05'32"E
14.95'
L3
S46'26'21 "W
42.79'
JIM FORREST AVANT,
JEFF WOOD AVANT,
AND JAMIE AVANT DYHLE
TRACT II
(33.68 ACRES)
VOL, 2334, PG. 548
D.R.W.C.T.
S80°07'Sp.,E 361.59
L2
D. B. WOOD ROAD
�� ��j`�' (120' WIDE R.O.W.)
�A O DOC. NO, 2005080399
O.P.R.W.C.T.
THE UNITED
STATES OF AMERICA
(333.00 ACRES)
c� VOL. 516, PG. 349
1?*v O.P,R.W.C.T.
CED(AR BREAKS RAD O ILLEGIBLE
( 20' WIDER. 0. W.) WILLIAMSON COUNTY
STEGER (CALLED 10.21 ACRES)
BIZZELL VOL, 901, PG. 551
NBp�� p'S2„w 340.1 pD.R.w.c.T.
-POINT OF
BEGINNING e
GEORGETOWN INDEPENDENT SCHOOL DISTRICT
(15.00 ACRES) DOC. NO. 2019122376 POLITICAL SUBDIVISION
O.P.R.W.C.T. RIGHT-OF-WAY
LOT 1
BLOCK A
GISD HIGH SCHOOL N0. 3
DOC. NO. 2025009472
O.P.R.W.C,T.
p mi-I
ANNEXATION
e 2.098 ACRES
ETHAN SCOTT HOPK...
aF o
SURN��,
-�59 56
�f
WILLIAMSON COUNTY
(REMAINDER 1.82 ACRES)
DOC. NO, 2001052829 '
O.P.R.W.C.T,
/L CITY OF GEORGETOWN
(1.314 ACRES)
DOC, NO. 2016073417
-� O.P.R.W.C.T.
GEORGETOWN INDEPENDENT SCHOOL DISTRICT
(90.00 ACRES)
DOC. NO. 2019122375
O.P.R.W.C.T.
CURVE TABLE
CURVE #
RADIUS
LENGTH
DELTA
CHORD BEARING
CHORD
Cl
1492.84'
123,72'
4'44'54"
S43'45'29"E
123.68'
C2
393.66'
369.95'
1 53'50'43"
1 S73'09'51 "W
356.49'
6 . 7 rC�
JB NUMBER: JOB #25-038 DATE: 02/09/2026
ROJECT NAME: CoGT ROW ANNEXATION
RAWING NAME: CoGT ROW ANNEXATION CEDAR BREAKS EXHIBIT.DWG
RAWING FILE PATH:
:/12025/25038/25038 — CoGT ROW ANNEXATION/DWGs
ETES AND BOUNDS FILE PATH:
:/12025/25038/25038 — CoGT ROW ANNEXATION/DESCRIPTIONS
PLS: ESH TECH: DNP IPARTY CHIEF: CD ICHK BY: ESH
HEET 03 of 03 IFIELDBOOKS 17/498 SCALE:1 "=100'
IS I LANDESIGN
*
SERVICES, INC.-
10090 W HIGHWAY 29, LIBERTY HILL, TEXAS 78642
TBPELS FIRM NO. 10001800
512-238-7901
EXHIBIT B
SILANDESIGN
SERVICES, INC.
10090 W Highway 29 I Liberty Hill, Texas 78642
TBPELS Firm No. 10001800 1 512-238-7901 office
POLITICAL SUBDIVISION DESCRIPTION
FOR THE ANEXATION OF THE EXISTING RIGHT-OF-WAY OF CEDAR BREAKS
ROAD TO THE CITY OF GEORGETOWN
BEING 2.098 ACRES WITHIN THE CITY OF GEORGETOWN EXTRA
TERRITORIAL JURISDICTION, SURVEYED BY LANDESIGN SERVICES,
INC., SITUATED IN THE JOSEPH FISH SURVEY, ABSTRACT NO. 232 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF CEDAR BREAKS
ROAD (120' WIDE RIGHT-OF-WAY) RECORDED IN VOLUME 901, PAGE
551, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS
(D.R.W.C.T.) AND IN DOCUMENT NO. 2001052829, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.);
SAID 2.098 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch rebar found with plastic cap stamped "STEGER BIZZELL" in the existing
South Right -of -Way line of Cedar Breaks Road for the Northeast corner of a called 15,00 acre tract of
land described in a Special Warranty Donation Deed with Use Restriction to Georgetown Independent
School District, recorded in Document No. 2019122376, of said O.P.R.W.C.T. and the common
Northwest corner of Lot 1, Block A, GISD HIGH SCHOOL NO. 3, a subdivision of record in
Document No. 2025009472, of said O.P.R.W.C.T. for the most Westerly corner hereof,
THENCE North 09052' 10" East, over and across the existing Right -of -Way of said Cedar Breaks Road,
a distance of 120.13 feet to a Calculated Point in the existing North Right -of -Way line of said Cedar
Breaks Road, and the common South line of a called 33.68 acre tract of land, described by deed as Tract
II, described in a Warranty Deed to Jim Forrest Avant, Jeff Wood Avant and Jamie Avant Dyhle,
recorded in Volume 2334, Page 548, of said D.R.W.C.T.;
THENCE with the existing North right-of-way line of said Cedar Breaks Road and the common South
line of said 33.68 acre tract, the following two (2) courses and distances:
1) South 80107150" East, a distance of 361.59 feet to a 1/2-inch rebar found with illegible
plastic cap at the Southeast corner of said 33.68 acre tract;
2) North 10105132" East, a distance of 14.95 feet to a concrete monument with U.S. Army
Corps of Engineers disk found for the Easterly Northeast corner of said 33.68 acre tract, for
the South coiner of a called 333.00 acre tract of land conveyed in a General Warranty Deed
to The United States of America, recorded in Volume 516, Page 349, of said D.R.W.C.T
M KA!2025\25038 - CoGT RONV Annexation\Dcscripliuns\25038 CoGT ROW Annexation Cedar Page I of
13reaks.docx
THENCE, North 69100'44" East, with the existing North Right -of -Way line of said Cedar Breaks
Road and the common South line of said 333.00 acre tract, a distance of 259.58 feet to a Calculated
Point on the South line of said 333.00 acre tract, in the existing Southwest Right -of -Way line of D.B.
Wood Road (120' Wide Right -of -Way, Document No. 2005080399, O.P.R.W.C.T.), for the Northerly
comer hereof;
THENCE with the existing Southwest Right -of -Way line of said D.B. Wood Road, along a curve to
the Left, having a radius of 1,492.84 feet, an arc length of 123.72 feet, a delta angle of 04°44'54", and
a chord wlnich bears South 43145129" East, a distance of 123.67 feet to a 1/2-inch rebar found with
aluminum cap stamped "CITY OF GEORGETOWN" for the Northwest corner of a called 1.314
acre tract of land described in a Deed Without Warranty to The City of Georgetown, recorded in
Document No. 2016073417, of said O.P.R.W.C.T.;
THENCE with the existing Southeast Right -of -Way line of said Cedar Breaks Road, and the
common Northwest line of said 1.314 acre tract, the following two (2) courses and distances:
1) South 46126121" West, a distance of 42.79 feet to a 1/2-inch rebar found with aluminum
cap stamped "CITY OF GEORGETOWN"; and
2) Along a curve to the Right, having a radius of 393.66 feet, an are length of 369.95 feet, a
delta angle of 53150'43", and a chord which bears South 73109151" West, a distance of
356.49 feet to a 1/2-inch rebar found with aluminum cap stamped "CITY OF
GEORGETOWN" for the West corner of said 1.314 acre tract, and the common North
line of said Lot 1;
THENCE North 80010'52" West, with the existing South Right -of -Way line of said Cedar Breaks
Road, and the common North line of said Lot 1, a distance of 340.10 feet to the POINT OF
BEGINNING and containing 2.098 acres of land, more or less.
This project is referenced for all bearing and coordinate basis to the Texas State Plane Coordinate
System, North American Datum of 1983 (NAD83 — 2011 Adjustment), Central Zone (4203). All
distances shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -
surface combined adjustment factor of 1.00012.
This property description was prepared from an on -the -ground survey performed under my
supervision and is accompanied by a separate plat of even date. The field work was completed on
September 29, 2025. _
EOF TF
�RO�Ir
..........................
ETHAN SCOTT HOPKIN
...............................
'•A 7048
Registered Professional Land Surveyor
State of Texas No. 7048
Job Number: 25-038
Attachments; K:\!2025\25038 - CoGr ROW Aiuwexation\CAD\DWGs\25038._CoGT ROW Annexation —Cedar Hreaks_Exhibit.dwg
bi K.0025\25038 - CoGT RO ;lnnexation\Descriptions\25038 CoG f ROW Annexulion Cedar Page 2 of 3
flreaks.docx
EXHIBIT C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: CEDAR BREAKS DRIVE
COUNCIL DISTRICT: No. 2
DATE: APRIL 14, 2026
I. INTRODUCTION
This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") pursuant to
Sections 43.056(b)-(o) and 43.065 of the Texas Local Government Code ("LGC"). This Plan
relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan,
which is referred to as "the Cedar Breaks Right of Way". 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 10, 2026 and March 24, 2026 in accordance with Section 43.063 of the LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III. INTENT
It is the intent of the City to provide municipal services in accordance with the timetables
required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this
Plan if the City Council determines that changed conditions, subsequent occurrences, or any
other legally sufficient circumstances exist under the LGC or other Texas laws that make this
Plan unworkable, obsolete, or unlawful.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1) available
to the annexed area immediately upon annexation; (2) those services which will be available to
the annexed area within 2'/2 years from the effective date of the annexation; and (3) those
services for which capital improvements are needed and which will be available within 4'/z years
from the effective date of the annexation based upon a schedule for construction of such
improvements as set forth herein.
For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and may include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part, and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
Annexation Service Plan Page 1 of 5
Cedar Breaks Drive 2.908 acres
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
V. SERVICES TO BE PROVIDED UPON ANNEXATION
1. Fire Protection and Emergency Medical Services= The City of Georgetown Fire
Department will provide response services in the annexed area consisting of. fire
suppression and rescue; emergency response to 9-1-1 calls; fire prevention education
efforts, and other duties and services provided by the Georgetown Fire Department.
2. Police — The City's Police Department will provide protection and law enforcement
services.
3. Planning and Development, Building Permits, and Inspections Services - The City will
provide site plan review; zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and permits; and Stormwater
Permit services in the annexed.
4. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all
existing publicly -owned parks and recreational facilities and all such facilities acquired or
constructed after the Effective Date (including community service facilities, libraries,
swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will
be unaffected by the annexation; provided, however, that the City will provide for
maintenance and operation of the same upon acceptance of legal title thereto by the City
and appropriations therefor. In the event the City acquires any other parks, facilities, or
buildings necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
5. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all
other publicly owned buildings and facilities where the public is granted access.
6. Library — Upon annexation, library privileges will be available to anyone residing in the
annexed area.
7. Stormwater Utility Services — The Property will be included in the City's Stormwater
Utility service area and will be assessed a monthly fee based on the amount of impervious
surface. The fees will cover the direct and indirect costs of stormwater management
services.
8. Streets, Roads, and Street Lighting — The City will provide preventative maintenance of
the existing public streets and roads in the annexed area over which it has jurisdiction
through maintenance and preventative maintenance services such as emergency pavement
repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other
routine repair. The City shall not maintain private roads in the annexed area. Preventative
maintenance projects are prioritized on a City-wide basis and scheduled based on a variety
of factors, including surface 'condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
Annexation Service Plan Page 2 of 5
Cedar Breaks Drive 2.908 acres
maintenance they will be included in the City's preventative maintenance program.
9. Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of
Another Water or Wastewater Utility —City-owned water and wastewater facilities that
exist in the annexed area will be maintained in accordance with City ordinances, standards,
policies and procedures.
10. Solid Waste Services= The City will provide solid waste collection services in accordance
with existing City ordinances and policies, except where prohibited by law.
11. Code Compliance — The City's Code Department will provide education, enforcement, and
abatement relating to code violations within the Property.
12. Animal Control Services — Upon annexation, the City shall provide animal control
services in the annexed area.
13. Business Licenses and Regulations — Upon annexation, the City shall provide business
licensing services (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross
Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other
Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire;
Sexually Oriented Businesses; and Alcoholic Beverages) in the annexed area.
14. Health and Safety Regulations — The provisions of the City Code of Ordinances relating
to health and safety regulations (including but not limited to Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
15. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of the City Code
of Ordinances relating to peace, morals and welfare (including but not limited to Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply
in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that are
provided directly by the City.
2. Water and Wastewater Services— Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas. Further,
existing residences in the annexed area that were served by a functioning onsite sewer
system (septic system) shall continue to use such private system for wastewater services
in conformance with the City Code of Ordinances. Existing non-residential
establishments in the annexed area may continue to use an onsite sewer system (septic
system) for sewage disposal in conformance with the City Code of Ordinances. Upon the
Development of any property in the annexed area, the provisions of the UDC shall apply.
Annexation Service Plan Page 3 of 5
Cedar Breaks Drive 2.908 acres
The City shall have no obligation to extend water or wastewater service to any part of the
annexed area that is within the service area of another water or wastewater utility. For
annexed areas located within the City's authorized service areas, the City shall, subject to
the terms and conditions of this Plan, extend water and wastewater service in accordance
with the service extension ordinances, policies, and standards that are summarized in
Section X of this Plan, which may require that the property owner or developer of a
newly developed tract install water and wastewater lines. The extension of water and
wastewater services will be provided in accordance with the policies summarized in
Section X of this Plan and with any applicable construction and design standards manuals
adopted by the City.
3. Water and Wastewater Capital Improvements Schedule — Because of the time
required to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 21/2 years of the
effective date of annexation. Therefore, the City shall implement a program, which will
be initiated after the effective date of the annexation and include the acquisition or
construction of capital improvements necessary for providing water and wastewater
services to the area. The following schedule for improvements is proposed: construction
will commence within 2 1/2 years from the effective date of annexation and will be
substantially complete within 4 1/2 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.
Annexation Service Plan Page 4 of 5
Cedar Breaks Drive 2.908 acres
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City, whether similar to those enumerated or
otherwise, which are not within the control of the City. Any deadlines or other
provisions of this Plan that are affected by a Force Majeure Event shall be automatically
extended to account for delays caused by such Force Majeure Event.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is
proceeding with all deliberate speed. The construction of the improvements shall be
accomplished in a continuous process and shall be completed as soon as reasonably
possible, consistent with generally accepted local engineering and architectural standards
and practices. However, the City does not violate this Plan if the construction process is
interrupted for any reason by circumstances beyond the direct control of the City.
VIII. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after
public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the manner provided by Section 43.063 of the LGC.
IX. FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision from
time to time by the City in its sole discretion.
X. WATER AND WASTEWATER SERVICE EXTENSION POLICIES
The policies and regulations related to water and wastewater utility extensions that are included
in the City Code of Ordinances, the Unified Development Code, the City's Construction and
Specifications Manual, Drainage Manual, and other published policies and technical manuals, as
the same may be amended from time to time, shall control the extension of water and wastewater
services to the annexed area.
Annexation Service Plan Page 5 of 5
Cedar Breaks Drive 2.908 acres