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HomeMy WebLinkAbout2010-3248 - Ordinance - 06/10/2010~o~ ~ ORDINANCE N0, 3248 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 TERRITORY ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station 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 City of College Station by the City Charter of the City of College Station, Texas, Article II, Section 7; and WHEREAS, on April 8, 2010, the City Council of the City of College Station directed staff to prepare a service plan for approximately 59.74 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, public hearings before the City Council were held in the Council Chambers on May 17, 2010 and May 18, 2010, both 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 areas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1; The tracts of land described in Exhibit "A-1 "A-2", and "A-3" attached hereto and made a part of this ordinance for all purposes, is hereby added to and annexed to the City of College Station, Texas. PART 2: The Service Plan, Exhibit "B", attached hereto and made a part of this ordinance for all purposes, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explained at the public hearings held on May 17, 2010 and May 18, 2010. PART 3: Should any part of this ordinance be held illegal or invalid for any reason, the holding shall not affect the remaining sections or portion of sections or provisions of this or finance, PART 4: That upon final approval and after the effective date of this ordinance, all property annexed shall be zoned A-0 Agricultural Open, PART 5: 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 property 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. X10- ~RDINANCE N~. 3248 Page 2 PART b: That this ordinance shall become effective immediately upon approval by the City Council. PASSED, ADAPTED and APPRQVED this l 0th day of June, 2010. APPRQVED: Nancy Berry, ayor EST: ity Secretary APPRaV D: City Attorney t 7.~~0, ORDINANCE N~. 3248 Page 3 E~-IIBIT A-1 a Proposed Annexation Area 1- 3.58 Acres Remainder of Edna Goodman Tract Peter Norton Survey A-186 Brazos County, Texas February 22, 2010 All of that certain tract of land lying and being situated in the Peter Norton Survey, Abstract no. 186, in Brazos County, Texas, being a part of that 8.000 acre tract conveyed to Edna Faye Goodman by deed recorded in Volume 6525, Page 148 of the official Public Records of Brazos County, Texas, and being more particularly described as follows: Commencing at the intersection of the northeast line of the said Goodman tract and the southeast right-of way line of Rock Prairie Road West, at a corner of the existing City Limits as described in City of College Station Grdinance no, 3049, from where the City of College Station 1994 GPS monument no. 117 bears N 58° 25' S9" E 214$.9 feet. Thence S 41° 46' 38" W 206.83 feet, along said southeast right-of way line, also being along a line of the said City Limits, to the west corner of that 3,43 acre tract conveyed by deed from Edna Goodman to Chad Jackson and recorded in Volume 9506, Page 99 of the Gfficial Public Records of Brazos County, Texas, and being the Point of Beginning of this tract; Thence S 48° 13' 22" E - 723.95 feet, through the said Goodman tract, along the southwest line of the said Jackson tract, to another line of the said City Limits; Thence S 43° 09' 06" W - 278.17 feet, along said City Limits line, to the south corner of the said 8.000 acre Goodman tract; Thence N 47° 49' 4$" W - 290,00 feet, along an existing City Limits line and southwest line of the said 8,000 acre tract, to the south corner of that 1,000 acre tract conveyed by deed from Edna Goodman to Monique Goodman and recorded in Volume 7678, Page 264 of the Gfficial Public Records of Brazos County, Texas; Thence N 42° 10' 12" E -100.00 feet, along an existing City Limits line, to the east corner of the said Monique Goodman tract; Thence N 47° 49 48" W - 427.98 feet, along an existing City Limits line and northeast line of the said 1,000 acre tract, to the southeast right-of way line of Rock Prairie Road VL~est; Thence N 41 ° 46' 3 8" E -173.17 feet, along the southeast right-of way line of Rock Prairie Road West, also being a line of the existing City Limits, to the Point of Beginning and containing 3.58 acres of land more or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station 1994 GPS control points and GPS observations. ~~Yw ORDINANCE N~. 3248 Page 4 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 2010. 1 ,1 h 'I •t Y th i1 ~ 1 1 rL ti ti • b " i ti: .ti t r ~ f7 ~ i~ j ~ .Y tt i ~ ? • 'f y~~,/~'n7 ' I~~ J 1 ~ `c 4 ~ tj ~ ~ ~ ~ 1? r„1 f ~M41 r+4 { y~f ~ {;1+'`{r 4i 1 to ~ ~ ~ a ~ '~~t ~ r~~.' 1 ' •xl d ~ ~ •y 't ~ ~,L w `'1 1.r 'rk ~'~+a'1 rte ~ I ' J + t " ;11"1 i1 '",.,,4•• 1 . tr C t, t ~ ~ 17. wt k ~ ~ ~ ~ ~ ~ ~ I+J tom? e+ W" ~ ~ a f~ "1151 LL +li ~ Y +6' t'1 man 1. . 1 5 - ir: ~ ~ ~ 1? ' ! rl~: ~ ~ r I •4 Ir t1 e r 1 '1~' v~~ 1?. ~ ~11~3 ;1~ .1 1) ~ 1 ~ . is ~ ~ `~In~ ~ I ,U~'`~ ,4 x ~ ~ . ti , " rel. ::I ~!.tI1Xi :n.'r ~ ,C 11 1 ~ t.~ '0 , i~ ~ .111 5i1y,~1 " ~ ~ I ' 1 1 + h ti I rl ~ ~ " 1 ~ 4 1 ~ ► , f+IJ i~1 ~ i ti' iii ` tf• ~ ' . . ` 1~ t~ 1 • ~ yy : 1 ~ , I ~ tf` 4d ~ n + 1 , 5A ; Is: ~ 1 ~ ~ti 4~ i ~ ~ ' fl "r ~ ~ ~ I . ~ 1 ti 1 ti 1 •r ~ . y ♦ 1 v lli 1~ L~ rt 11? • ~ U 7i ~ !t 4 ~r1L1 r~ +r► i 1 +..r ~ ' t+ YI r'► it ~ ~ ~ { !y ~ ~ r ri~~~~ ~ I A .i 4 ~ " ~ ~ C' I J : + 4 ~ 't". 'y ~ ! ~~+'~1 ~ I ~+...,.,4•F 7i ~ ~ i ~ ` 1 f ~ j~ fy r' '4 I ~ ~ J ~ ~ ¢ ~ till ~ .,tip'! + y' 4 ~ r1 t, t r ~ f tl ~ ? 1♦.'•~q r ~•y ' ~ '`'wy"*~,r,1~+7'y1 • f~'*j., ~ ' I -1" ~ ~ ~ rl f; "t J ~ 1 fi, ~ .1 `'1.,+~ 1f. ~J}+ ~i~E~ ~''vr,, 1 ,~y y x,41 ~ 11 ~ ~ ~1 i.Y•,.,a4 r'~"' ~.ti 4 1 1 r t1J ' ~ h/,w ~ ~~~r V. ~ ~ r~ '~1+t.~. ~ •I l,~w~' ~j_~ 1 ~ ~ t , * .r++r ~1DIp- ORI~INANCE N0. 3248 Page b EKHIBIT A-2 Proposed Annexation Area 2 - 3 ,43 Acres Chad Jackson Tract Peter Norton Survey A-1 Sb Brazos County, Texas February 22, 2010 All of that certain tract of land lying and being situated in the Peter Norton Survey, Abstract no. 1 Sb, in Brazos County, Texas, being a 3.43 acre tract conveyed to Chad Jackson by deed recorded in volume 950b, Page 99 of the Official Public Records of Brazos County, Texas, which is a part of that 5.000 acre tract conveyed to Edna Faye Goodman by deed recorded in 'Volume 6525, Page 145 of the Off cial Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection of the northeast line of the said Goodman tract and the southeast right-of- way line of Rock Prairie Road West, at a corner of the existing City Limits as described in City of College Station Ordinance no. 3049, from where the City of College Station 1994 GPS monument no. 117 bears N 55° 25' S9" E 2145.9 feet. Thence S 45° 40' 02" E - 725.85 feet, along a line of the said City Limits, to the east corner of the said Goodman 5.000 acre tract; Thence S 43° 09' Ob" W - 204.Ob feet, along another line of the said City Limits, being the southeast Tine of the said Goodman tract, to the most southerly corner of this tract; Thence N 45° l3' 22" W 723.95 feet, along the southwest line of the said Jackson 3,43 acre tract, to the southeast right-of way line of Rock Prairie Road West; Thence N 41 ° 4b' 3 S" E - 20b.S3 feet, along the southeast line of Rock Prairie Road West, being a line of the said existing City Limits, to the Point of Beginning and containing 3.43 acres of land more or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Station 1994 GPS control points and GPS observations. This document was prepared under 22 TAC §bb3.21 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 reconf guration the boundary of the political subdivision for which it was prepared. See survey plat dated February 2010. i ~'rti ~R ~ . w,, , 1r I ~ r,-~ I 1 I r1~ ~i I r., ~ _ r(yQ~ I r'~• w~~'~ ~ry~l'h. ~ titiJ ~~'k 1 \ ~ la ~ ~ v ~ f x ~ r 1 f5 ~5 1 • 11.x. r.. I . ~'~'iFC{' ~ ~ ~'y ~ I :~'I it a ~ ~ ~ ~ ~ ~ f ' ~ ~ C~ ~ ~ try ~ I'.~ J,~ " ~ ; 7 " ~ , 15 ~L7 ~ r 11,1, 1 a ~ ~ ~ ~ ~ I I ~~n• ~ JS _ ~ ~ ~ u CIS . Y ~ 5 ~ - 1E ~ Jr ~ Ily U ' h y, ~ 1 I~ ' I I - ---..,.,.q ,••~+~rWa+~t ....y ,.ti.y i. "'I 1ry:`• !Q ` ~ ~ * ti•ti 1.7V•~rL ~,,.fi41~IlJOC4! ~ ~ ~ S ~ ~ A LLI ,a , ~.i ti S.1 I a ti ' •Or b ~t'S fig xl.¢, y ` ,•~~J ~~~y~, Grl•`"' `f~7 ti . rr.~ qq. '.d . • I.~L ~ ~ ''ItiJ~~,144:.r .1~~1,LI,1T~ 1>XSY i •r ---w . ~-.w ' - • r. 1 , ' S / 1 ~ ' ~ rr ,L~ r~l k1 ' i c 'InA I; n rs ~ i i .V x uLF ~fiid' ~n~ r,5 u~r ' Irlwr--r-,+-~..c k w. , . .~+-,~rtr~,~ 4 E rl fi~p. t'~~' I~~~J's3 P I l u 111 ~ 'u.;,,'I ~ I a ~ ~-,ti-~ ~ I' ~ U~'J41a;14;; auLl~'jr n ~ ~I15R4 i ~ 6• 1¢ p s 5 r c.~~~~ .5 t ~i .I~u ~ = L5 ~ . y >rl I ~ ~ 'r U ~ i1 ti ~ j ~ ~ _ ~ 1Q 'Ed '4~~ • our , ~ ~ : ~ ~ ~ ~ G'a M'nl~; irlT•I~ ~ ~ t - ~ ~Y ~ ~ R1 I~7lI T.rYr>tw ~-r ~....w...~ r ~ 7Y9ti~[IL.Ir J~ilsi~~ ~ a~~a s~z~ ~o~ ~~~~~a~o ~~1~~ Zn~o- ORDINANCE N0. 3248 Page 8 EXHIBIT A-3 Proposed Annexation Area 3 - 52.73 Acres ~C SISD Tract Samuel Davidson Survey, Abstract No, 13, Brazos County, Texas 16 February 2010 All that certain tract or parcel of land lying and being situated in the Samuel Davidson Survey, Abstract No, 13, in Brazos County, Texas, being bounded on the northeast by Creek Meadows Section 5, Phase 1, described by plat recorded in Volume 8989, Page 39 of the Off cial Public Records of Brazos County, Texas, on the northwest by the northwest right-of way line of Greens Prairie Trail as described in Volume 1243, Page 274 of the Official Public Records of Brazos County, Texas, on the southwest by Crossroad Woods as described by plat recorded in Volume 1697, Page 219 of the Official Public Records of Brazos County, Texas, and that 42.214 acre tract conveyed to John M. Duncum and wife, Diane Duncum by deed recorded in Volume 2724, Page 215 of the Official Public Records of Brazos County, Texas, on the southeast by that 0.515 acre tract conveyed to Sohn M. Duncum and wife, Diane Duncum by deed recorded in Volume 5819, Page 227 of the Official Public Records of Brazos County, Texas, and that 35,39 acre tract conveyed to Travis E. Nelson by deed recorded in Volume 7178, Page 80 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the common corner of the said Creek Meadows Section 5, Phase 1 and the Southside Ranch, LLC 50 acre tract described in Volume 8993, Page 20 of the Official Public Records of Brazos County, Texas, being a south corner of the current City Limits of College Station as defined by Ordinance no. 3056, from where the City of College Station 1994 GPS monument no. 134 bears N 42° 43' 12" W - 6504,1feet. Thence along the southwest boundary line of the said Creek Meadows Section 5, Phase 1, also being the current City~Limits boundary, as follows: N 49° 54' 34" W -162.76 feet; N 53 ° 20' O l " W - 231.81 feet; N 54° 27' 23" W ~-149.54 feet; N 51 ° 59' 25" W - 261.98 feet; N 38° 39' S3' W - 139.16 feet, across Greens Prairie Trail, to the south corner of that 171.043 acre Tract One conveyed to Creek Meadows Partners, L.P. and described in Volume 7068, Page 220 of the Official Public Records of Brazos County, Texas; Thence S 42° 17' 28" W -125.79 feet, crossing Royder Road and departing from the current City Limits boundary, to a radius point in the northwest right-of way line of Greens Prairie Trail, and the southeast line of Estates of Royder Ridge Phase One as described by plat recorded in Volume 4119, Page 120 of the Official Public Records of Brazos County, Texas; ~~o- ~RDINANCE N0. 3248 Page 9 Thence S 42° 2I' 34" W 220b.47 feet, along the northwest line of Greens Prairie Trail to the beginning of a tangent curve to the right ~R =904.93' also being in the southeast line of Estates of Rayder Ridge Phase Twa as described by plat retarded in and Volume 4377, Page 205 of the official Public Records of Brazos County, Texas; Thence slang the arc of said curve through a central angle of 7° 4b' S3" to the east corner of Lat 1 in Block Gne of the said Crossroad Woods addition; Thence S 47° 5b' 03" E - 101.12 feet across Greens Prairie Trail, to west corner of that 4b.027 tract conveyed to College Statian Independent School District by deed recorded in Volume 825b, Page 42 of the Gfficial Public Records of Brazos County, Texas Thence S 48° 02' 08" E 504.17 feet along the line between the said C.S.I.S.D. tract and Lat 1 in Block 2 of the said Crossroad Woods addition; Thence S 41 ° 41' 43" W - 41.3 5 feet slang the southeast line of the said Crossroad Woods addition, to a common corner of the said 42.214 acre Duncum tract and the said C.S.I.S.D. 4b.027 acre tract; Thence S 47° 25' 2b" E - 314.44 feet along the cammon line between the said Duncum 42,214 acre, tract and the C.S.I.S.D, tract, to the common corner of the said Duncum 0.515 acre tract and the said C.S.I.S.D. tract; . Thence N 43° 00' 17" E - 2483.05 feet along the line between the said C.S.I.S.D. tract and the said Duncum 0.515 acre and Nelson 35.39 acre tract, to the cammon corner of the said Nelson and C.S.I.S.D. tracts in the southwest line of Rayder Road; Thence N 42° 49' 25" E - 55.78 feet across Rayder Road, to the Paint of Beginning and containing 52.73 acres of land mare or less. Bearings are Texas State Plane, NAD-83 datum, based on City of College Statian 1994 GPS control paints and GPS observations. This document was prepared under 22 TAC §bb3.21 does oat 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 ar established by the creation ar reconfiguration of the boundary of the political subdivision for which it was prepared. See survey plat dated February 2010. Loy n.. ~RU~IANCE NQ. 3248 Page 1 Q ~ i+~(1 ~J•:~s i.~:J 'la.~~.r I '~!=~1+_• I.I:~i~:'~r~.` ` ~ f~~ J',1r flr~ I ',i' , cJ_LI:.L`~ '•J~2~~ I ~ ~ G1~~,'i~::,i~~'•ti Y=~~" i '1_., •Sr~r.l'!~ ~~'I:;:+~~I'r~'~ _ r ,r ' I i ~s'• ' I ' rc.4 I ~'"•w~ =1 :Curt."• 5e~ ~r,.;a•: ..4 1 - ' ~ Y 133 +'F r' l~~y ~ 1, ~ i +}+`E x*1.y2' + n Jt~.+ _1_.~- - i ~ - - _ r h~Q` ~ - ~ ~ rCC i I J t' ~ j iA 7~ P• • ~ q 7 _ I -tii' S' ~ ,_yy~~~~ 1~• rf I i 2 r T '.v b ti` r~C: _~''~l3 I pl d~ Ca~y1 = ~fi 1Y r ~I ~ M{; nC N~~U 4y ra L r~ ~ r, ~ Z , u ~ I • - I .r n ~ ~ I_ J I ""'1 ~ 1 ~ L ~ ! (RJ ~ C ~ G C1 ~~i ~ i ~ ~ i`~ ~ S> ii ~ ~ l i 1 ~ ~ s~ ri ~ J ti CV W S. ~ ` ~ 47 ~ y ~ i.: w. I ~ 11 ~ ' ~ `•I fry r 7 ~ i!I r+ W L ~ ~ ~ ~ 1 •5 1. ±r L - ~ S'I n 1L 44 ~l ~ . 1 ~ 7 to f' ~11 • ~ I ~ ' ~ ~ J,~i ' ~ o ~ • ' j S ~~,~41 11 '~~'.C ' ~ w i r'1 w ~ L7 ~ ~ ' y ~ ✓ Ic ~t d • L, ? ~ y Y ?Q .ti T J t ~ ~~~~n i I fr 4` ~ ~wtti`~5 r r l}~ + ~ J •4. i~~11 Ir...•• •I ; [JJn;.1J"(' :JI:'1.~ ''•r:.ti+ ~ :1~ -:i1:1 ~ fur, .A1~7.,ri;~ I,:{o!' c r r: r 7l'71~0; ~i0?~CTr~ `~]Zl['Ic r~~i~.'1JI~~ •d~ ~.>IJwti]ii.1:~~1taQ~ ~11r~W1~'~s°i~ :I.B~EQ;d'~,~ loio- ORDINANCE N0. 3248 Page 11 EXHIBIT B CITY ~F COLLEGE STATION SERVICE PLAN FGR AREAS TQ BE ANNEXED EFFECTIVE 10 J[JNE 2410 I, ANNEXATION AREAS The annexation areas are located on the southwest side of the City of College Station, in the City's Extraterritorial Jurisdiction. These properties are illustrated in Figure 1 and described below. Area 1- located generally at the intersection of Rock Prairie Road West and I&GN Road and containing approximately 3.57 acres Area 2 - located generally at the intersection of Rock Prairie Road West and I&GN Road and containing approximately 3.43 acres. Area 3 - located generally at the intersection of Greens Prairie Trail and Royder Road and containing approximately 52.73 acres. II. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.021, 43.Ob5, and 43,05b{b}-{o} {Vernon 2005, AND VERNQN SUPP. 2009, 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 contemplated or projected in the annexed area. ~~o- ~RI)~NANCE NQ. 3245 Page 12 F~GU~E 1 c, ~ ~~\\~A~ AREAS IDENTIFIED FC~R Y=~~ ~ ~ ~ ~ ~ EXEMPTANNEXAT~aN • ..,..1 / \\~f~ +~/P f~~'f ~ .r T4M Fi~,,~: r- ~ ~ '~~1TG W l J , , ~ k; nn / 4 ! / r ~ \ / I'~06y 1" fi"~-•}' r" 4 .'i ' kf s i,~•- G1 • v ~0~(, ~ yy~~~ h r y~~ r _ ~,``~..•kr~ ~ J ~ r 1 I C",• ~r i ~ ~ ~r, ~t ~tiY ' ~ •~Qy ~ t ' ~ji ~ l~-. ~ f.- ,f `mot ~ , ~ o yy ~ ~ 1, \ V ~ a I ` 1~ r'~ r f r , ~ r ~ ~ ~ t ~ ~b ` + / ~ ~ ~ ~ ~p r J f f~ ~ P ~ ~ • „ ~uw Eaw~►~eurr~n~esn~rcavop.;vueucm~rMi~slvurr~oAt~acelroiu~sP~~ 4 ; 0 , ~ ~ , I ~I cl c ti ci ~,~36~' G' ,I ~I al a e.a~l c~ uT~l!•~1 ~rl ~ y =~50 4.560 g.aFaa~ 1su~ I d a as~l al ss.r~l Zv~~- 3248 ORDINANCE Na. Page 13 III. SERVICE CDMPaNENTS This plan contains three service components: ~1) Immediate Services, ~2) Additional Services, and (3) Capital Improvement Progam. 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.D56(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. rn 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 ~9D) 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, rV 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 V~orks 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 far 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. ORDINANCE N~. 3248 Page 14 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 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 of 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 they can be easily accessed from a public right-of way and 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 paxking areas by service trucks servicing solid waste 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 VL~orks 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, the 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 X90} days of the effective date of annexation. The City will install traffic control signs in accordance with College Station's standards for same within ninety X90} 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, playgrounds and swimming pools within the current City limits, ~Q~ ORDINANCE N0. 3248 Page 15 H. Uther Publicly Uwned 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. z~~o- ~RD~NANCE N~. 3248 Page 1 ~ 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 similax 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 far building construction underway prior to annexation. B. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. 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 May of 2009, The Comprehensive Plan contains a Land Use Plan that designates future land uses and a growth management and capacity section designed to manage the quality and quantity of growth by matching land use intensity with planned infrastructure. Upon annexation, all properties will be zoned A-D (Agricultural Open}. 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. Code Enforcement Code enforcement services will be made available on the effective date of annexation. Code enforcement services include response and investigation of sanitation issues, illegal signs, abandoned or inoperable motor vehicles, and zoning violations. 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 Zo~o- ORDINANCE N4. 3248 Page 17 I~. WATER AND WASTEWATER SER~7CE PRDVISXDN This Water and Wastewater Service PXan ("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, The City will not provide water or wastewater service in areas where another entity holds the CCN to do so unless or until the City of College Station acquires the CCN. Municipal services may be provided by any of the methods by which the City provides services to other comparable areas within the City. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE SEC. 43.OSG~B). The City may extend facilities under this plan or otherwise serve these areas through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. 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 Water and Wastewater Capital Improvements. In general, the policy for extension of utility service is "development driven", meaning that utility line extensions are typically installed by developers, in conjunction with major development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations andlor 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 Annexation Area # 1 is in the water CCN service territory of Wellborn Special Utility District. This area is currently served by a water line that runs along the south side of Rock Prairie Road West see Exhibit A}. The City of College Station does not have the right to provide water service in annexation Area #1, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Properties within Annexation Area #1 are currently served by private on-site sewer facilities ~QSSF). As in other areas of College Station with similar topography, land use, and population density, this area will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 2 Water Annexation Area #2 is in the water CCN service territory of Wellborn Special Utility District, This area is currently served by a water line that runs along the south side of Rock Prairie Road West see ~~~w QRDINANCE N~. 324g Page ~ S Exhibit A}. The City of College Station does not have the right to provide water service in annexation Area #2, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Currently, no structures are located within Annexation Area #2. However, a new development is planned within Annexation Area #2. Given the nature and intensity of the proposed development in this area, it is anticipated that sewer service will be provided via a private 4SSF. As in other similarly developed areas of College Station, Area #2 will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 3 Water Annexation Area #3 is in the water CCN service territory of Wellborn Special Utility District. This area is currently served by a water line that runs along the south side of Greens Prairie Trail see Exhibit B}, The City of College Station does not have the right to provide water service in annexation Area #3, therefore, no water infrastructure will be provided in the area by the City after annexation. Wastewater Currently, there are no structures located within Annexation Area #3. However, this property is owned by College Station ISD and a new elementary school is proposed on the eastern portion of the property, Sewer service is available to Annexation Area #3 via a sewer lift station and sewer force main located on an adjacent tract. Exhibit "B"illustrates the location of this lift station and force main. As currently proposed, development in Area #3 may access the existing wastewater infrastructure through a combination of gravity lines andlor force mains. Should the future land use or density in Area #3 develop as something other than an educational facility, the wastewater infrastructure for this area may have to be expanded to accommodate additional flows or flow characteristics. ~pro- ORDINANCE N0. 3248 Page 19 CAPITAL IMPR4~E11~iENTS 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 Cade and the City's Cade of Ordinances. The City may, from time to time, include construction of new, expanded ar 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 reasonable contemplated ar projected in the area. B. Fire Protection including EMS} 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 papulatian density similar to those reasonable contemplated or praj ected in the area. The City will evaluate and update, as needed, its Strategic Plan to address the response time, personnel, facility and equipment needs far 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 papulatian density similar to those reasonable contemplated or projected in the area. D, Maintenance of Public Roads and Streets Right-af 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 andlar money in lieu of land in accordance with the City of College Station Subdivision Regulations and an existing interlocal agreement with the College Station ISD. F, Uther Public Building and Facilities Other public facilities, buildings ar services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. ~a1o ORDINANCE N~. 3248 ~ Page 20 WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows; The cost ofoff--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 tap fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. AREA 1 Water No water infrastructure will be provided to this area after annexation, Area # 1 is located within the water CCN service territory of WSUD. Therefore, these properties will continue to be served by WSUD after annexation. Wastewater Area # 1 will continue to 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 No water infrastructure will be provided to this area after annexation. Area #2 is located within the water CCN service territory of WSUD. Therefore, future development will be served by WSUD after annexation. Wastewater Area #2 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 3 Water No water infrastructure will be provided to this area after annexation. Area #3 is located within the water CCN service territory of WSUD, Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation, 2oia• nRDINANCE Nn. 3248 Page 2 ~ Wastewater As currently proposed, future development within Area #3 will be served by the City of College Station via existing sewer infrastructure located to the east (across Royder Road}. VI. 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 this 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 oftopography, land use, and population density are considered a sufficient basis for providing different levels of service, VII. 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 the City Council. VIII. AMENDMENTS The service plan maybe amended if the City Council determines 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 2005 and VERNON SUPP. 2009}. 2~~~~ ~RDrNANCE N0. 3248 Page 22 APPENDIX Exhibit A ~ , f ~ , , . . . ANNEXATi~NAR~,4S 1 ~ ~ ~ , a`.s. Water Ltr~es ~ - ; ; : ~ ,:Y ~ r ..~~A " f, if ~ ~ 4 _ w~ . ''S ~ ~ Annexation Area 1 ~ ' ~ LNG ~1~ ~ ' a Annexation Area 2 a: ' , ~ ~~bf ~.AG!ACr S: _ . f t~ ~ ~z ~ q~~ ~ ~ ~ ~ ~ ~ ~ ~ , . , N ~ ~ ;Legend ~ ~ _ - ~ ~ ~ ' ' . Weilbam SUp - . ~ ~ ~ _ ~ ~ 0 150 1,500 3.E}00 ` Annexation Area 1 & 2 ~ , ~ i s=eer ~oid- ORDINANCE N0. 3248 Page 23 Exhibit B . _ - ANN~ltATION ARE/ 3 ~ ~ ;,,;-'ii: ~ - . WaterlWaste Water Ines ~ ':"''r~~':=R ~ ~ . ~ ,SIG~SANDY;"D . ~ ~ .r...r. 1 . . ~~Q „ _ _.or ~ . ~ ,gyp ~ ;~acisting~~Naste Water Lilt Station i~. ~ ~ . ~ . . ~ . ~ ~I1nBXStiOn Ar98 ~ ~ . . ~ y , ~ Legend ~ ~ ~ . CS Waste Water . ~,1~. , ' . ~q Wellborn SUD .a~~ 1, q ,1`' . , ' ~~y~ , ~ ~ :~~`~~=a~ City Limits ~ ~ ~4 0: ~ ~ 0 754 1,504 3,444 Annexation Area 3 , ~y ~ ~ ~ ~ ~ ~ . Q~ i ~ ~ i Feet