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HomeMy WebLinkAbout2018-4007 - Ordinance - 04/26/2018 ORDINANCE NO. 2018-4007 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION, ANNEXING CERTAIN TERRITORIES ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station as a home-rule city has the power by ordinance to fix the boundary limits of the City of College Station and to provide for the extension of such boundary limits and the annexation of additional territory lying adjacent to the City of College Station by the City Charter of the City of College Station, Texas, Article II, Section 7 and other legal authority; and WHEREAS, on January 25, 2018, the City Council of the City of College Station directed staff to prepare a service plan for approximately 65 acres of land identified for annexation; and WHEREAS, the City Council finds that all the required notices were given in the time and manner required by law; and WHEREAS, two public hearings before the City Council were held on March 19, 2018 and on March 22, 2018 in the City Hall Council Chambers. Both public hearing dates being on or after the 20th day but before the 40th day before the date of the institution of the annexation proceedings to allow all interested persons to state their views regarding the annexation; and WHEREAS, the City Council finds that the annexation will ensure consistent and orderly development of the annexed area; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The facts and recitations set forth in the preamble of this Ordinance are declared true and correct. PART 2: The tracts of land described in Exhibit “1”, attached hereto and made a part of this Ordinance for all purposes, is hereby added to and annexed by the City of College Station, Texas. PART 3: The Service Plan, Exhibit “2”, attached hereto and made a part of this Ordinance for all purposes, which provides for the extension of municipal services to the annexed properties, is approved as part of this Ordinance. The Service Plan was made available for public inspection and explained at the public hearings held on March 19, 2018 and March 22, 2018. PART 4: Should any part of this Ordinance be held illegal or invalid for any reason, or the application of same to one or more properties or portions of property described in this Ordinance, the holding shall not affect the remaining sections or portion of sections or provisions nor the remaining properties or portion of affected property thereof of this Ordinance. PART 5: That upon final approval and after the effective date of this ordinance, all property annexed shall be zoned R (Rural). ORDINANCE NO. 2018-4007 2 PART 6: That, upon final passage hereof and after the effective date of this Ordinance, the annexed territory shall be a part of the City of College Station, Texas, and the properties situated shall bear its pro rata portion of the taxes levied by the City of College Station and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of College Station. PART 7: That this Ordinance shall become effective on the 1st day of June, 2018. PASSED, ADOPTED and APPROVED this 26th day of April, 2018. APPROVED: ______________________________ Mayor ATTEST: ____________________________ City Secretary APPROVED: ____________________________ City Attorney ORDINANCE NO. 2018-4007 3 EXHIBIT 1 Description of Annexation Areas Brazos County, Texas Proposed Annexation Area 1 ~16.3 Acres – White Tract Peter Norton Survey Brazos County, Texas February 2018 All that certain tract or parcel of land lying and being situated in the Peter Norton Survey, Abstract No. 186, in Brazos County, Texas, being the remainder of that 18.5 acre tract conveyed to Abner Lee White by deed recorded in Volume 128, Page 378 of the Deed Records of Brazos County, Texas, a part of that 89.5 acre tract conveyed to Abner White by deed recorded in Volume 984, Page 567 of the Official Records of Brazos County, Texas, a part of that 5.00 acre tract conveyed to Lover White Goodman - Woods by deed recorded in Volume 9338, Page 243 of the Official Public Records of Brazos County, Texas, and all of that 1.50 acre tract conveyed to Wilbert Earl Bledsoe by deed recorded in Volume 10063, Page 94 of the Official Public Records of Brazos County, Texas, being the same tract excepted from annexation into the City of College Station by ordinance no. 3049 (exhibit “A4”, “WHITE TRACT”), and being more particularly described as follows: Beginning in the center of a tributary of Hope’s Creek at the south corner of the said 18.5 acre tract, at a point located N 42° 28’ 16” E – 214 feet from the east corner of Sherwood Heights Section 3 as described by plat recorded in Volume 385, Page 665 of the Deed Records of Brazos County, Texas. Thence N 42° 28’ 16” E – 2134 feet generally along a fence line on the southeast line of the said Abner White tract to the east corner of this tract in the southwest line of that 1.000 acre tract conveyed to Monique Goodman and Alfredo Lopez, Jr. by deeds recorded in Volume 7678, Page 264 and Volume 13597, Page 147 of the Official Public Records of Brazos County, Texas; Thence N 47° 49’ 48” W – 313.55 feet along said Goodman line to the southeast right-of-way line of Rock Prairie Road West, at a point from where City of College Station GPS control monument no. 117 bears N 55° 33’ 59” E – 2614.7 feet; Thence S 41° 46’ 38” W – 103.24 feet along the southeast right-of-way line of Rock Prairie Road West to the beginning of a tangent curve to the right with a radius of 600.00 feet; Thence along the arc of said curve in the southeast right-of-way line of Rock Prairie Road West through a central angle of 25° 36’ 34”, the chord of which bears S 54° 34’ 55” W – 265.95 feet, to its intersection with the northwest line of the said 18.5 acre tract; ORDINANCE NO. 2018-4007 4 Thence generally along the northwest fence line of the said 18.5 acre tract as follows: S 41° 51’ 33” W – 942 feet; S 40° 47’ 06” W – 785 feet to the center of said tributary of Hope’s Creek; Thence down the center of said creek with its meanders, for reference a straight line bears S 40° 18’ 04” E – 337.62 feet, to the Point of Beginning and containing 16.3 acres of land more or less, based on current creek meanders. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station GPS control monuments and GPS observations. This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration the boundary of the political subdivision for which it was prepared. See survey plat dated February 2018. ORDINANCE NO. 2018-4007 5 Proposed Annexation Area 2 1.97 Acres – Williams Tract P. Norton and T. Henry Surveys Brazos County, Texas February 2018 All that certain tract or parcel of land lying and being situated in the Peter Norton Survey, Abstract No. 186, and Thomas Henry Survey, Abstract No. 132 in Brazos County, Texas, being all of that 2.00 acre tract conveyed to Ervin M. Williams, Sr. and wife, Mildred Williams by deed recorded in Volume 976, Page 782 of the Official Records of Brazos County, Texas, and partially conveyed to Deborah Lynn Williams by deed recorded in Volume 12187, Page 91 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the common corner of the said Williams tract and that 1.286 acre tract conveyed to Casey Scott and Lydia Scott by deed recorded in Volume 12069, Page 165 of the Official Public Records of Brazos County, Texas, in the northwest line of North Graham Road, from where City of College Station GPS control monument no. 117 bears N 23° 15’ 13” E – 2472.5 feet; Thence along the present city limits of College Station as defined by ordinance no. 3049 (exhibit “A4”) and around the boundary of the said Williams tract as follows: N 47° 29’ 14” W – 521.41 feet; S 41° 19’ 00” W – 164.31 feet; S 47° 22’ 19” E – 517.98 feet to the south common corner of the Williams tract and that 11.26 acre tract conveyed to Ovais, Incorporated by deed recorded in Volume 6863, Page 86 of the Official Public Records of Brazos County, Texas; Thence N 42° 30’ 46” E – 165.32 feet, along the northwest line of North Graham Road and southeast boundary of the said Williams tract, to the Point of Beginning and containing 1.97 acres of land more or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station GPS control monuments and GPS observations. This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration the boundary of the political subdivision for which it was prepared. See survey plat dated February 2018. ORDINANCE NO. 2018-4007 6 Proposed Annexation Area 3 26.37 Acres – Mikeska Tract C. Burnett and R. Stevenson Leagues Brazos County, Texas February 2018 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League, Abstract No. 7, and Robert Stevenson League, Abstract No. 54, in Brazos County, Texas, being all of Lots 2R, 3R, 4R, 5R, and part of Lot 7R, Block Two of Rock Prairie West Business Park as described by plat recorded in Volume 6121, Page 222 of the Official Public Records of Brazos County, Texas, also the remainder of that 32.81 acre tract conveyed to Joseph A. Mikeska, Jr. and Dorothy T. Mikeska by deed recorded in Volume 414, Page 203 of the Deed Records of Brazos County, Texas, along with the adjacent right-of-way of North Graham Road, and being more particularly described as follows: Beginning at the south corner of Lot 1R, Block Two of said Rock Prairie West Business Park, also being a common corner with said Lot 2R and a south corner of the existing city limits of College Station as defined by ordinance no. 3049 (exhibit “A3”), from where City of College Station GPS control monument no. 117 bears N 76° 41’ 29” W – 623.7 feet. Thence S 47° 42’ 52” E – 633.62 feet, along the southwest boundary of said Lot 2R and said 32.81 acre tract, and continuing across North Graham Road to a northwest boundary line of that 99.474 acre tract conveyed to Sunset Ridge, L.L.P. by deed recorded in Volume 7201, Page 267 of the Official Public Records of Brazos County, Texas; Thence N 42° 53’ 38” E – 858.73 feet along the said northwest line of said 99.474 acre tract to its north corner; Thence S 47° 53’ 50” E – 12.45 feet, along a northeast line of said 99.474 acre tract, to a tree and common fence corner of the 99.474 acre tract and that 166.09 acre (net) tract conveyed to Thomas Craig Hill, et al by deed recorded in Volume 12476, Page 66 of the Official Public Records of Brazos County, Texas, and also being a west corner of the existing city limits of College Station as defined by ordinance no. 2219 (Wellborn Road Area); Thence N 41° 08’ 39” E – 384.96 feet, along a northwest line of said existing city limits defined by ordinance no. 2219, to a south corner of the existing city limits of College Station as defined by ordinance no. 2590 (exhibit “A-1”); Thence N 47° 42’ 52” W – 862.59 feet, across North Graham Road and along a southwest line of the existing city limits defined by said ordinance no. 2590 and the northeast lines of said Mikeska 32.81 acre tract and Lot 7R, Block Two of said Rock Prairie West Business Park, to the east corner of the existing city limits of College Station as defined by ordinance no. 3118; Thence S 42° 17’ 08” W – 267.59 feet, through said Lot 7R and continuing along the common line of Lots 6R and 2R of said Rock Prairie West Business Park, also being along the southeast lines of the ORDINANCE NO. 2018-4007 7 said existing city limits defined by ordinance no. 3118 and ordinance no. 3049 (exhibit “A3”), to the south common corner of Lots 5R and 6R; Thence N 47° 42’ 54” W – 330.63 feet, along a southwest line of the existing city limits defined by said ordinance no. 3049, and along the common line of said Lots 5R and 6R to their north common corner in the southeast right-of-way line of Rock Prairie Road West (formerly named “Gandy Road”); Thence S 42° 17’ 08” W – 534.80 feet, along the said southwest line of Rock Prairie Road West and a southeast line of the existing city limits as defined by said ordinance no. 3049, to the north common corner of said Lots 1R and 2R; Thence S 47° 42’ 54” E – 543.85 feet, along a common line of said Lots 1R and 2R and a northeast line of the existing city limits as defined by said ordinance no. 3049, to the east corner of Lot 1R; Thence S 42° 02’ 45” W – 441.22 feet, along another common line of said Lots 1R and 2R and a southeast line of the existing city limits as defined by said ordinance no. 3049, to the Point of Beginning and containing 26.37 acres of land more or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station GPS control monuments and GPS observations. This document was prepared under 22 TAC §663.21 does not reflect the result s of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration the boundary of the political subdivision for which it was prepared. See survey plat dated February 2018. ORDINANCE NO. 2018-4007 8 Proposed Annexation Area 4 23.00 Acres – Mayo Tract Crawford Burnett League Brazos County, Texas February 2018 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League, Abstract No. 7, in Brazos County, Texas, being all of that 2.00 acre Tract One and 20.00 acres out of that 23.00 acre Tract Two conveyed to Henry P. Mayo and wife, Sandra K. Mayo by deed recorded in Volume 1253, Page 878 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the common corner of the said 2.00 acre Tract One and 23.00 acre Tract Two in the northwest right-of-way line of Rock Prairie Road West (formerly named “Gandy Road”), from where City of College Station GPS control monument no. 117 bears S 32° 42’ 46” W – 602.0 feet. Thence N 42° 17’ 08” E – 208.71 feet along the said northwest right-of-way line and also a northwest line of the existing city limits of College Station as defined by ordinance no. 3049 (exhibit “A3”) to the east corner of Tract One; Thence N 47° 42’ 52” W – 1593.40 feet, along the northeast lines of said Tract One and Tract Two, also being a southwest line of the existing city limits as defined by said ordinance no. 3049, and the southwest boundary lines of 12 at Rock Prairie Phases 1, 2 and 3, as described by plats recorded in Volume 12464, Page 180, Volume 13156, Page 277 and Volume 13176, Page 209 of the Official Public Records of Brazos County, Texas, to the north corner of Tract Two in a southeast line of the existing city limits of College Station as defined by ordinance no. 2590 (exhibit “A-1”); Thence S 41° 23’ 08” W – 685.98 feet, along the northwest line of said Tract Two and along the said city limits defined by ordinance no. 2590 and southwest boundary of that 23.707 acre tract conveyed to DWS Development, Inc. by deed recorded in Volume 13509, Page 164 of the Official Public Records of Brazos County, Texas, to the west corner of Tract Two, also being the north corner of that tract of land conveyed to Oak Creek, L.L.P. by deed recorded in Volume 4030, Page 98 of the Official Public Records of Brazos County, Texas; Thence S 47° 42’ 52” E – 1363.62 feet, along the common boundary of said Mayo Tract Two and said Oak Creek, L.L.P. tract, to a corner of the existing city limits as defined by said ordinance no. 3049 located approximately 217 feet northwest of the northwest line of Rock Prairie Road West; Thence through the said Mayo Tract Two, along existing city limits lines defined by said ordinance no. 3049 as follows: N 42° 17’ 08” E – 200.00 feet; N 47° 42’ 52” W – 94.57 feet; N 42° 17’ 08” E – 277.19 feet to a point in the southwest line of said Tract One; ORDINANCE NO. 2018-4007 9 and S 47° 42’ 52” E – 313.58 feet along a common line of the said Mayo tracts to the Point of Beginning and containing 22.00 acres of land more or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station GPS control monuments and GPS observations. This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfi guration the boundary of the political subdivision for which it was prepared. See survey plat dated February 2018. ORDINANCE NO. 2018-4007 10 Survey Plat EXHIBIT 2 CITY OF COLLEGE STATION SERVICE PLAN FOR THE AREAS TO BE ANNEXED EFFECTIVE JUNE 1, 2018 ORDINANCE NO. 2018-4007 11 EXHIBIT 2 CITY OF COLLEGE STATION SERVICE PLAN FOR AREAS TO BE ANNEXED EFFECTIVE 1 JUNE 2018 I. ANNEXATION AREAS The annexation areas are located on the west side of the City, in College Station's Extraterritorial Jurisdiction. These properties are illustrated in Figure 1 and further described below. Area 1 - Approximately 16 acres located on the south side of Rock Prairie Road West near the intersection of Holleman Drive South Area 2 - Approximately two acres located on the north side of North Graham Road near the intersection of Holleman Drive South Area 3 - Approximately 26 acres located between Rock Prairie Road West and North Graham Road Area 4 - Approximately 22 acres located at the intersection of Rock Prairie Road West and Towers Parkway II. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.003, 43.065, and 43.056(b)-(o) (Vernon 1999, AND VERNON SUPP. 2007, as amended from time to time). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City in accordance with the following plan. This plan provides a program under which the City of College Station will provide full municipal services to the annexed areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE, Section 43.056(B). This Service Plan does not:  require the creation of another political subdivision;  require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395, Texas Local Government Code; or  provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. The level of services, infrastructure, and infrastructure maintenance provided to the annexed areas 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 contempla ted or projected in the annexed area. 12 FIGURE 1 13 III. SERVICE COMPONENTS This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3) Capital Improvement Program. Immediate Services As required by TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), Certain municipal services will be provided by the City of College Station immediately upon the effective date of annexation. These services include:  police protection;  fire protection;  emergency medical services;  solid waste collection, except as provided by Subsection 43.056(o);  operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility;  operation and maintenance of roads, and streets, including road and street lighting;*  operation and maintenance of public parks, playgrounds, and swimming pools; and  operation and maintenance of any other publicly owned facility, building, or service. *Note: Street lighting will be maintained for fixtures located within the service territory of College Station Utilities. A. Police Protection The College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non -emergency service calls. B. Fire Protection The College Station Fire Department will provide fire protection, including response to emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard inspections. In general, the Fire Department’s goal is to provide a fire response time of five minutes or less. Construction and development activities undertaken after the effective date of annexation shall comply with all building, life safety and fire safety codes of the City of College Station. All structures shall comply with the address standards of the College Station Code of Ordinances within ninety (90) days of the effective annexation date. C. Emergency Medical Services The College Station Fire Department will provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder truck is capable of providing EMS, including defibrillation, medical administration, IV therapy, advanced airway management, and initial treatment of injuries. In general, the Fire Department’s goal is to provide an EMS response time of five minutes or less. D. Solid Waste Collection The College Station Public Works Department will provide fee-based solid waste collection service for residential and commercial customers. Customers in the annexed area may elect to continue using a private solid waste management service provider for a period of two years after the effective date of annexation in accordance with provisions of the TEXAS LOCAL GOVERNMENT CODE. The City will not charge a fee to a person who continues to use the services of a privately-owned solid waste management service provider during the two year period referenced above. Residential Service – Residential solid waste collection (including brush and bulk items) is provided once per week. All residential service will be provided at a point of collection adjacent to, and accessible 14 from, a public right-of-way or an improved surface acceptable to the City. Residential solid waste collection vehicles will not conduct operations on private property. However, residential service may be provided on private streets that comply with the Sanitation Division’s requirements for surface material, vehicle clearance and turning radii. In the case of multiple residences located on a privately owned road or drive, the City may require the establishment o f a mass collection point at an area adjacent to the nearest public right-of-way. The City will provide residential solid waste containers. Commercial Service - Containers and collection points may be located on private property, provided that it can be easily accessed from a public right-of-way, and both the route of access and the collection point meet the Sanitation Division’s requirements for approved surfaces, vehicle clearance and turning radii. The City will provide standard commercial containers. In order to secure solid waste collection services in the annexed areas, each property owner must establish a utility account with the City of College Station. The City will not be responsible for damage to private drives, streets, or parking areas by sanitation trucks servicing containers. E. Water and Wastewater Facilities The City of College Station will provide water and wastewater service to areas that are not located within the certificated service territory of another utility through existing facilities located within or adjacent to the area. The level of water and wastewater service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be provided by any of the methods in which the City provides services to other comparable areas. F. Roads and Streets The Public Works Department will maintain public roads and streets at a level comparable to the maintenance prior to annexation. These services include emergency pavement repair and preventative street maintenance. Right-of-way mowing activities along State highways are addressed in the City's maintenance agreement with Texas Department of Transportation and will be added to the City's maintenance activities immediately following annexation. Maintenance priorities are determined on a City-wide basis taking into consideration factors such as age, traffic volume, surface conditions, nature of the maintenance, public safety hazards, and available funding. Existing street and traffic control signs shall conform to the City of College Station’s standards within ninety (90) days of the annexation. The City will install public street signs in accordance with College Station’s standards for same within ninety (90) days of the effective date of annexation. G. Parks and Recreation Facilities The City of College Station is not aware of the existence of any public parks, playgrounds or swimming pools in the areas proposed for annexation. In the event any such public facilities exist, they will be maintained to the same degree and extent that the City maintains public parks, pl aygrounds and swimming pools within the current City limits. H. Other Publicly Owned Buildings and Facilities The City of College Station is not aware of the existence of any publicly owned buildings in the areas proposed for annexation. In the event any such public facilities exist, they will be maintained to the same degree and extent that the City maintains such facilities within the current City limits. 15 Additional Services A. Building Permitting and Inspections Upon the effective date of annexation, the City will provide building permits and inspection services. This service will be made available to the annexed areas on the same basis and at the same level of service as similar facilities throughout the City. Service is provided on a “cost recovery” basis, and permit fees partially offset the costs of services delivered. Construction activities underway prior to annexation may continue provided that all construction after annexation complies with City codes and ordinances. All permits required by City codes and ordinances must be obtained for construction underway at the time of annexation. Permit fees will be waived for building construction underway prior to the effective date of annexation. B. Planning and Development Services Planning and development services will be made available on the effective date of annexation. Planning & Development Services currently services this property by way of administration of the Subdivision Regulations contained in the Unified Development Ordinance. Upon annexation, planning and development services will be provided by way of the Unified Development Ordinance and other applicable codes and standards. The College Station City Council adopted the current Comprehensive Plan in 2009. The Comprehensive Plan contains a Land Use Plan that designates future land uses to manage the quality and quantity of growth by matching land use intensity with planned infrastructure. Upon annexation, all properties will be zoned R (Rural). The City's Comprehensive Plan will be used as the basis for evaluating rezoning requests after properties are annexed. C. Animal Control The Police Department will provide animal control service upon the effective date of annexation. Animal control services include response and investigation of reported animal bites, response to reports of stray or “at large” animals, and response and investigation of animal cruelty and neglect reports. D. Community Services Community services will be provided upon the effective date of annexation. Community services include response and investigation of code enforcement issues such as trash, illegal signs, abandoned or inoperable motor vehicles, and zoning violations. Community Services also administers the federal funds received from the Department of Housing and Urban Development through the Community Development Block Grant and the HOME Investme nt Partnership grant. E. Recycling Collection For residential customers electing solid waste collection from the City of College Station, curbside recycling collection is also provided once per week. Items accepted in the curbside recycling program include:  Newspapers and magazines  Aluminum and steel food cans  Clear and brown glass  Plastic bottles  Lead acid car batteries . 16 WATER AND WASTEWATER SERVICE PROVISION This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College Station will provide full municipal services to the annexed area. For the purpose of this plan, “full municipal services” includes water and sewer services provided by the City within its full -purpose boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be any of the methods by which the City provides services to other comparable areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve this area through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. Water and Wastewater facilities for future development that increases densities beyond the capital improvements specified in this plan will be extended in accordance with the City’s Water and Wastewater policy in existence at the time of development. The water and wastewater extension policy is discussed in Section IV, Water and Wastewater Capital Improvements. In general, the policy for extension of utility service is “development driven” in that utility line extensions are typically installed by developer s, in conjunction with major development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater package plants, as required by the particular development. The City may elect to pay for upgrades or oversize of infrastructure projects being installed by developers. As an area develops, developers or homeowners extend water distribution and wastewater collection lines to individual lots. Until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be constructed with on-site sewage facilities that are privately owned and operated. AREA 1 Water Water service in Annexation Area 1 is currently provided by and located within the water service territory of Wellborn Special Utility District. The City of College does not have the right to provide water service in Area 1, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Annexation Area 1 is currently vacant. As in other areas of College Station with similar topography, land use, and population density, this area will be served by a private sewer system until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 2 Water Water service in Annexation Area 2 is currently provided by and located within the water service territory of Wellborn Special Utility District. The City of College does not have the right to provide water service in Area 2, therefore, no water infrastruct ure will be provided by the City in the area after annexation. Wastewater Wastewater service in Annexation Area 2 is currently provided by a private on -site sewer treatment facility. As in other similarly developed areas of College Station, the property in Area 2 will remain on 17 a private system until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 3 Water Water service in Annexation Area 3 is currently provided by and located within the water service territory of Wellborn Special Utility District. The City of College does not have the right to provide water service in Area 3, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Wastewater service in Annexation Area 3 is currently provided by a private on -site sewer treatment facility. As in other areas of College Station with similar topography, land use, and population density, the area will remain on a private system until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 4 Water Water service in Annexation Area 4 is currently provided by and located within the water service territory of Wellborn Special Utility District. The City of College does not have the right to provide water service in Area 1, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Wastewater service in Area 4 is currently provided by a private on-site sewer treatment facility. However, it is located adjacent to a development served by the City of College Station. Pubic sewer is available via existing lines adjacent to Area 4 but the sewer capacity is limited to approximately 10 dwelling units per acre. As in other areas of College Station with similar topography, land use, and population density, the area will continue to be served by a private sewer system until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. 18 IV. CAPITAL IMPROVEMENTS Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to Chapter 395 of the Texas Local Government Code and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, projected growth trends, and the City Council through its development plans and policies. A. Police Protection (including animal control) Police protection will be provided to the annexed areas through existing City facilities at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. B. Fire Protection (including EMS and Community Enhancement) Fire protection will be provided to the annexed areas through existing City facilities and mutual aid agreements at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will evaluate and update, as needed, its Strategic Plan to address the response time, personnel, facility and equipment needs for these areas of the City as the annexed areas develop. C. Solid Waste Collection Solid waste collection services will be provided to the annexed areas through the City's existing facilities or through franchise agreements with private services at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Maintenance of Public Roads and Streets Right-of-way maintenance will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. The improvement and enlargement of roads within existing rights-of-way will be included in future capital improvements programs as practical and where needed to facilitate the maneuvering of emergency and sanitation service vehicles. E. Parks, Playgrounds and Swimming Pools Parks and recreation services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Additional park development in the annexed areas will be addressed through the development standards and procedures of the City as residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money i n lieu of land in accordance with the City of College Station Subdivision Regulations. F. Other Public Building and Facilities Other public facilities, buildings or services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. 19 WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows: The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation or through the use of Impact Fees. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by direct installation or through the use of Impact Fees. Standard connection fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. AREA 1 Water Area 1 is located within the water CCN service territory of Wellborn Special Utility District. No water infrastructure will be provided by the City to this area after annexation. Properties located within the water CCN service territory of Wellborn Special Utility District will continue to be served by Wellborn Special Utility District after annexation. Wastewater Area 1 will be served by private on-site sewer treatment systems until such time as development warrants the extension of an organized sanitary collection system. AREA 2 Water Area 2 is located within the water CCN service territory of Wellborn Special Utility District. No water infrastructure will be provided by the City to this area after annexation. Properties located within the water CCN service territory of Wellborn Special Utility District will continue to be served by Wellborn Special Utility District after annexation. Wastewater Area 2 will continue to be served by a private on-site sewer treatment system until such time as development warrants the extension of an organized sanitary collection system. AREA 3 Water Area 3 is located within the water CCN service territory of Wellborn Special Utility District. No water infrastructure will be provided by the City to this area after annexation. Properties located within the water CCN service territory of Wellborn Special Utility District will continue to be served by Wellborn Special Utility District after annexation. Wastewater Area 3 will continue to be served by a private on-site sewer treatment system until such time as development warrants the extension of an organized sanitary collection system. AREA 4 Water Area 4 is located with the water CCN service territory of Wellborn Special Utility District. Therefore, no water infrastructure will be provided by the City to this area after annexation. Properties located 20 within the water CCN service territory of Wellborn Special Utility District will continue to be served by Wellborn Special Utility District after annexation Wastewater Area 4 will continue to be served by a private on-site sewer treatment system until such time as development and/or redevelopment warrants the extension of an organized sanitary sewer collection system. Sewer capacity is currently available via public lines in the adjacent development and may be extended per the City’s wastewater utility extension policy. V. LEVEL OF SERVICES TO BE PROVIDED It is the intent of the City of College Station to provide the level of services required by State law. The City Council finds and determines that the services, infrastructure and infrastructure maintenance proposed by thi s plan are comparable to that provided to other parts of the City with topography, land use, and population density reasonably similar to the annexed area and will not reduce the level of services available to the territory prior to annexation. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VI. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. VII. AMENDMENTS The service plan may be amended if the City Council d etermines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (Vernon 1999 and Vernon Supp. 2007).