HomeMy WebLinkAbout2011-3331 - Ordinance - 04/14/2011 • •
ORDINANCE NO. 2011-3331
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 the City of College Station by the City Charter
of the City of College Station, Texas, Article II, Section 7; and
WHEREAS, on January 27, 2011, the City Council of the City of College Station directed staff to prepare
a service plan for approximately 648 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 - one in the Wellborn Community
Center on March 22, 2011, and one in the City Hall Council Chambers on March 24, 2011. Both public
hearing dates being on or after the 20 day but before the 40` 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 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 2: 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 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 March 22, 2011 and March 24,
2011.
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
ordinance.
PART 4: That upon final approval and after the effective date of this ordinance, all property
annexed shall be zoned A -O (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.
1
Noe
ORDINANCE NO. 2011 - 3331 Page 2
PART 6: That this ordinance shall become effective immediately upon approval and adoption by
the City Council.
PASSED, ADOPTED and APPROVED this 14th day of April, 2011.
APPROVED:
Nancy Berry, ayor
ATTEST:
City Secret.'
APPROVED:
City Attorney
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ORDINANCE NO. 2011 - 3331 Page 3
EXHIBIT 1
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas 77845
(979) 693-2777
Proposed Annexation Area - 647.63 acres
Wellborn area
Brazos County, Texas
April 2011
All that certain tract or parcel of land lying and being situated in the Andrew McMahon survey
(abstract no. 167), Robert Stevenson league (abstract no. 54), John Childress survey (abstract no.
92), Samuel Davidson survey (abstract no. 13) and Jesse Bledsoe survey (abstract no. 71), in Brazos
County, Texas, adjoining the present City of College Station city limits as described in Ordinance
no. 2132, no. 3049, no. 3056 and no. 3248, and also generally bounded by Capstone Road, I & GN
Road, Koppe Bridge Road, Royder Road and Greens Prairie Road, save and except that tract of land
(Tract One) conveyed to David L. Whitt in Volume 6686, Page 263 of the Official Public Records
of Brazos County, Texas, and being more particularly described as follows:
Beginning at a comer of the present city limits as described in Ordinance no. 2132, in the southeast
line of Barron Cut-off at or near the north corner of that 1.053 acre tract conveyed to Anne Carnes
and Connie Neugent (vol. 5790, pg. 215), from where the City of College Station 1994 GPS control
monument no. 134 bears S 8° 59' 57" W — 3574.2 feet.
Thence along the present city limits boundary lines, as described in Ordinance no. 2132 and no.
3049, as follows:
S 41° 11' 19" W — 855.75 feet, to an acute angle point,
N 0° 37' 47" W — 1630.96 feet, to a point for corner in the east line of F.M. 2154 as shown
on the plat of Westminster Subdivision Phase One (vol. 2016, pg. 61),
S 89° 22' 13" W — 200.00 feet, across F.M. 2154 and the Union Pacific railroad, to a point
for comer,
S 0° 37' 47" E — 896.80 feet, to a point for corner,
S 89° 22' 13" W — 831.55 feet, along the south line of that 20.0 acre tract conveyed to
Penelope Sue Thomas (vol. 634, pg. 658 and vol. 637, pg. 346), also being a north line of
Shiloh Subdivision (vol. 289, pg. 219), to the southwest comer of said 20.0 acre tract,
S 0° 38' 55" E — 35.15 feet, to the northeast corner of that 7.496 acre tract conveyed to Larry
Maxwell McGee, Sr. (vol. 450, pg. 549),
S 89° 21' 19" W — 934.23 feet, along the north line of said McGee tract and that 7.50 acre
tract conveyed to Daniel and Patricia Buck (vol. 365, pg. 782), also being a south line of
Kyle View Estates (vol. 8815, pg. 238), to an angle point at the northwest corner of the said
Buck tract,
S 89° 46' 16" W — 34.61 feet, to a southwest corner of said Kyle View Estates,
N 0° 38' 27" W — 685.58 feet, along a common line of said Kyle View Estates and that
18.7118 acre tract conveyed to Scientific Inquiry, Inc.(vol. 1201, pg. 405), to a point for
corner,
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ORDINANCE NO. 2011 -3331 Page 4
S 89° 32' 27" W - 82.66 feet, to a point for comer,
N 0° 31' 33" W - 320.65 feet, to a northwest comer of said Kyle View Estates,
N 55° 01' 25" E - 819.42 feet, along the common line of said Kyle View Estates and that
40.00 acre tract conveyed to Don and Cynthia Ivey (vol. 1065, pg. 418), to a point for
corner in the southeast line of Capstone Road;
Thence S 72° 41' 12" W - 3338.35 feet, along said line of Capstone Road, also being the northwest
line of said Ivey tract and that 7.79 acre tract conveyed to Scientific Inquiry, Inc. (vol. 1065, pg.
432), to the beginning of a tangent curve to the left (radius= 25.00 feet);
Thence along said curve, through a central angle of 94° 53' 02 ", to its point of tangency in the
northeast line I & GN Road;
Thence along the northeast line of I & GN Road (100 ft. approximate width) as follows:
S 22° 11' 50" E - 932.01 feet, to the common corner of the said 7.79 acre tract and that
26.19 acre tract conveyed to Don R. Cain (vol. 259, pg. 476 and vol. 375, pg. 72)
S 22° 05' 13" E - 1286.62 feet, to the common comer of the said Cain tract and that 3.00
acre tract conveyed to David and Teresa Gold (vol. 649, pgs. 206 and 215),
S 22° 04' 00" E - 296.72 feet, to the common corner of the said 3.00 acre tract and that
10.0543 acre tract conveyed to David and Teresa Gold (vol. 3253, pg. 54),
S 22° 05' 34" E - 400.56 feet, to the common corner of the said 10.0543 acre tract and that
53.308 acre tract conveyed to Geo 3, Inc. (vol. 8903, pg. 58),
S 22° 04' 16" E - 332.90 feet, to the beginning of a tangent curve to the left
(radius= 2814.67 feet),
Along said curve, through a central angle of 4° 31' 22 ", to a point in the north line of South
Dowling Road (as fenced);
Thence S 6° 41' 55" E - 85.86 feet, across South Dowling Road to the west corner (as fenced) of
that 59.52 acre tract conveyed to David Alexander, et al (vol. 265, pg. 479);
Thence along the northeast line of I & GN Road (generally as fenced) as follows:
S 36° 55' 11" E - 636.57 feet, to an angle point,
S 42° 21' 34" E - 400.31 feet, to an angle point,
S 45° 00' 20" E - 1100.96 feet, to a common corner of the said Alexander tract and that 18.0
acre tract conveyed to Nova and Valeen Silvy (vol. 815, pg. 412);
Thence around the perimeter of the said acre Silvy tract as follows:
S 89° 25' 16" E - 563.81 feet, to a point for comer,
N 11° 19' 01" E - 239.86 feet, to a point for corner,
S 48° 39' 21" E - 1091.77 feet, to a point for corner,
S 41° 17' 11" W - 832.94 feet, to a common corner of the said Silvy tract and that 8.23 acre
tract conveyed to CS Texas Industries, LLC (vol. 3700, pg. 240);
Thence along the southwest line of the said 8.23 acre tract, generally being along the northeast fence
line of I & GN Road, as follows:
S 26° 30' 22" E - 93.74 feet, to an angle point,
647.63 are annexation area Page 2 of 5
ORDINANCE NO. 2011 - 3331 Page 5
S 23° 50' 09" E — 145.99 feet, to an angle point,
S 20° 33' 57" E — 141.52 feet, to an angle point,
S 18° 16' 45" E — 213.96 feet, to the south corner of the said 8.23 acre tract;
Thence N 41° 56' 36" E — 684.06 feet along a southeast line of the said 8.23 acre tract, generally
being along the northwest fence line of Koppe Bridge Road, to a point for comer,
Thence N 47° 38' 27" W — 10.14 feet, to the south corner of Lot 1 A of the replat of Lot One,
Benjamin Graham Subdivision (vol. 5453, pg. 10);
Thence N 41° 27' 46" E — 407.33 feet, along the north line of Koppe Bridge Road, as shown on said
replat of Lot One, to an angle point;
Thence N 69° 59' 28" E — 313.12 feet, across Koppe Bridge Road, Union Pacific railroad and F.M.
2154, to the southwest corner of that 0.88 acre tract conveyed to Eugene Savage (vol. 5185, pg. 77);
Thence N 45° 09' 51" E — 412.49 feet, along the southeast line of said Savage tract, to the southwest
line of Royder Road;
Thence along the said southwest line of Royder Road (vol. 7088, pg. 290) as follows:
S 47° 21' 31" E — 860.95 feet, to an angle point,
S 47° 48' 25" E — 1815.14 feet, to an angle point, also in the northeast line of that 53.51 acre
tract conveyed to College Station I.S.D. (vol. 9577, pg. 268),
S 47° 34' 56" E — 396.84 feet, to an angle point,
S 48° 30' 03" E — 273.93 feet, to an angle point,
S 48° 59' 26" E — 91.82 feet, to the east corner of the said I.S.D. tract in the northwest line
of the Estates of Royder Ridge Phase Two (vol. 4377, pg. 205);
Thence N 42° 25' 46" E — 4.08 feet, along the northwest line of said Royder Ridge, to a corner in
the southwest line of Royder Road as described by said plat of Phase Two;
Thence along the said southwest line of Royder Road, as described by plats of said Phase Two and
Estates of Royder Ridge Phase One (vol. 4119, pg. 120), as follows:
S 44° 52' 49" E — 79.19 feet, to the beginning of a tangent curve to the right
(radius= 770.00 feet),
Along said curve, through a central angle of 6° 00' 26 ", to its point of tangency,
S 38° 52' 23" E — 433.04 feet, to the beginning of a tangent curve to the left
(radius= 830.00 feet),
Along said curve, through a central angle of 12° 44' 30 ", to its point of tangency,
S 51° 36' 53" E — 16.09 feet, to the beginning of a tangent curve to the right
(radius= 35.00 feet),
Along said curve, through a central angle of 93° 58' 27 ", to its end in the northwest line of
Greens Prairie Trail and the present city limits boundary line, as described in Ordinance
no. 3248;
647.63 acre annexation area Page 3 of 5
ORDINANCE NO. 2011 -3331 Page 6
Thence N 42° 17' 28" E — 128.79 feet, across Royder Road and along said city limits boundary line,
to the south comer of that 171.043 acre Tract One conveyed to Creek Meadows Partners, L.P. (vol.
7068, pg. 220);
Thence along the southwest line of said 171.043 acre tract, also being the northeast line of Royder
Road, and present city limits boundary lines as described in Ordinance no. 3056, as follows:
N 67° 00' 43" W — 118.80 feet, to an angle point,
N 46° 38' 16" W — 49.99 feet, to an angle point,
N 38° 44' 04" W — 374.45 feet, to an angle point,
N 39° 10' 07" W — 66.70 feet, to an angle point,
N 41° 19' 48" W — 167.26 feet, to a point for corner in the southeast line of Creek Meadow
Section 1B (vol. 8028, pg. 248);
Thence N 42° 30' 08" E — 13.79 feet, along said Section 1B boundary line, to a point for corner;
Thence along the said northeast line of Royder Road as described by plat of said Section 1B,
as follows:
N 47° 33' 40" W — 62.50 feet, to an angle point,
N 48° 46' 45" W — 91.55 feet, to an angle point,
N 48° 25' 23" W — 273.44 feet, to an angle point,
N 47° 34' 49" W — 396.27 feet, to an angle point,
N 47° 45' 18" W — 1012.02 feet, to a northwest line of the said Section 1 B,
Thence continuing along the present city limits boundary lines but departing from Royder Road, and
along the boundary of the said 171.043 acre tract and that 6.074 acre Creek Meadows Partners, L.P.
tract (vol. 7135, pg. 265), as follows:
N 42° 25' 52" E — 396.29 feet, to a point for corner,
N 47° 34' 08" W — 555.00 feet, to a point for corner,
N 42° 25' 52" E — 210.00 feet, to a point for corner,
N 47° 34' 08" W — 630.00 feet, to a point for corner,
N 42° 25' 52" E — 302.67 feet, to a point for comer,
N 47° 34' 08" W — 209.00 feet, to a point for corner,
N 42° 25' 52" E — 22.17 feet, to a point for corner,
S 49° 11' 16" E — 51.62 feet, to a point for corner,
N 40° 58' 34" E — 262.73 feet, to a point for corner,
N 41° 42' 45" W — 100.00 feet, to an angle point,
N 37° 25' 40" W — 97.02 feet, to an angle point,
N 44° 11' 18" W — 201.28 feet, to a point for corner in the proposed southeast line of Greens
Prairie Road,
Thence continuing along the present city limits boundary lines, also being along the southeast lines
of Greens Prairie Road, as follows:
N 43° 08' 07" E — 1234.10 feet, to a point for corner in the southwest line of Wellborn Oaks
(vol. 345, pg. 635),
N 47° 37' 33" W — 11.91 feet, to the west corner of said Wellborn Oaks,
N 42° 39' 09" E — 614.10 feet, to an angle,
647.63 acre annexation area Page 4 of 5
ORDINANCE NO. 2011 -3331 Page 7
N 44° 29' 09" E — 445.87 feet, continuing along the northwest line of Wellborn Oaks and
across Greens Prairie Road, to a comer of the present city limits boundary in the northeast
line of Greens Prairie Road;
Thence N 48° 33' 43" W — 102.17 feet, along the present city limits boundary line as described in
Ordinance no. 2132, to an angle point;
Thence N 47° 32' 16" W — 3084.16 feet, continuing along said present city limits boundary, to the
Point of Beginning and containing 651.65 acres of land more or less.
SAVE and EXCEPT the following tract:
Beginning at a point in the east right -of -way line (as monumented) of F.M. 2154, at a point from
where the City of College Station 1994 GPS control monument no. 134 bears S 0° 35' 24" E —
2122.5 feet.
Thence N 0° 35' 20" W — 200.32 feet, along said east line of F.M. 2154 to the beginning of a
tangent curve to the right (radius= 5619.62);
Thence along said curve, through a center angle of 0° 30' 04 ", to a point for corner;
Thence N 87° 28' 52" E — 708.86 feet, along the north line of that 4.00 acre Tract One conveyed to
David L. Whitt (vol. 6686, pg. 263), to the northeast corner of same;
Thence S 2° 38' 11" W — 250.53 feet, along the east line of the said Whitt tract, to the southeast
corner of same;
Thence S 87° 29' 51" W — 694.96 feet, along the south line of the said Whitt tract, to the Point of
Beginning and containing 4.02 acres of land more or less.
Leaving a net acreage for this described tract of 647.63 acres more or less.
Bearings are Texas State Plane, NAD -83 datum, based on City of College
g tY g
Station 1994 GPS control points and GPS observations. . •• ''�
•
Volume and page numbers cited refer to the Brazos County public records. 41 4 .` 4 , 0 I'� 9 \
No monuments were set for this survey and found monuments are not cited. h ... ,.,.
. HENRY P MAYO •
This document was prepared under 22 TAC §663.21 does not reflect the ' Q 5045
< 10 QE
results of an on the ground survey and is not to be used to convey or `9 e s s O f ,
establish interests in real property except those rights and interests implied ► 1'O ..... Rv�
or established by the creation or reconfiguration of the boundary of the •
political subdivision for which it was prepared.
See survey plat prepared with this description, dated March 2011.
647.63 acre annexation area Page 5 of 5
ORDINANCE NO. 2011 - 3331 Page 8
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ORDINANCE NO. 2011 -3331 Page 9
EXHIBIT 2
CITY OF COLLEGE STATION SERVICE PLAN
FOR THE AREA TO BE ANNEXED
EFFECTIVE 14 APRIL 2011
ANNEXATION AREA
The annexation area is located on the southwest side of the City of College Station, in the City's
Extraterritorial Jurisdiction. The area is illustrated in Figure 1 and generally described below.
Area Description - approximately 649 acres generally bordered by Capstone Drive, I &GN Road,
Koppe Bridge Road, and the existing City limits and bisected by FM 2154 (AKA Wellborn Road).
II. INTRODUCTION
This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE,
Sections 43.021, 43.065, and 43.056(b) -(o) (Vernon 2008, AND VERNON SUPP. 2009, as amended from
time to time). Municipal facilities and services to the annexed area described above and illustrated in
Figure 1 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 the 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 area is
comparable to the level of services, infrastructure, and infrastructure maintenance available in other
parts of the City with topography, land use, and population density similar to those reasonably
contemplated or projected in the annexed area.
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ORDINANCE NO. 2011 - 3331 Page 10
FIGURE 1
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ORDINANCE NO. 2011 -3331 Page 11
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 the 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 publicly -owned parks, playgrounds, and swimming pools;
and,
• operation and maintenance of any other publicly -owned facility, building, or service.
*Note: Street lighting will only 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.
Construction and development activities undertaken after the effective date of annexation shall
comply with all fire and life -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.
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
•
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ORDINANCE NO. 2011 -3331 Page 12
services of a privately -owned solid waste management service provider during the
aforementioned two -year period.
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 one solid waste container per residential account. Additional containers
are available for an additional fee.
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 meets the Sanitation Division's surface requirements, 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 caused by 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. 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 the 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 (90) 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 (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 publicly -owned parks, public
playgrounds, or public swimming pools in the proposed annexation area. In the event any such
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ORDINANCE NO. 2011 -3331 Page 13
facilities exist, they will be maintained to the same degree and extent that the City maintains
such parks, playgrounds 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
proposed annexation area. In the event any such facilities exist, they will be maintained to the
same degree and extent that the City maintains such facilities within the current City limits.
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 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 -O (Agricultural Open). The City's Comprehensive Plan will be used as the basis for
evaluating rezoning requests after annexation.
C. Animal Control
The Police Department will provide animal control service upon the effective date of
annexation. Animal control services include response to and investigation of reported animal
bites, response to reports of stray or "at large" animals, and response to 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 to and investigation of nuisance issues, sanitation issues,
illegal signs, abandoned or inoperable motor vehicles, property maintenance issues, and zoning
violations.
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ORDINANCE NO. 2011 - 3331 Page 14
E. Economic and Community Development
Economic and community development services will be made available on the effective date of
annexation. Economic and Community Development services include the City's HOME
Investment Partnership Grant programs (rehabilitation assistance and minor repair programs as
well as the down payment assistance program) and Community Development Block Grant
(CDBG) Funds. CDBG Funds can be used for economic development and the construction and
rehabilitation of various parks, public facilities, and infrastructure in income eligible areas.
These funds may also be used for disaster relief and recovery efforts.
F. 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, magazines, and phone books
• Aluminum and steel food cans
• Clear and brown glass
• Plastic bottles
• Lead acid car batteries
IV. 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. The City
will not provide water or wastewater service in areas where another entity holds the CCN 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 the TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(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 V, 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 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.
•
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ORDINANCE NO. 2011 - 3331 Page 15
Generally, 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.
Water
The proposed annexation area is in the water CCN service territory of Wellborn Special Utility District
(SUD). The City of College Station does not have the right to provide water service in the annexation
area, therefore, no water infrastructure will be provided by the City after annexation.
Wastewater
The City of College Station currently provides wastewater service to several properties within the
proposed annexation area. The remaining properties within the annexation area are currently served by
private on -site sewer facilities (OSSF). As discussed in Section V, Capital Improvements, owing to the
type and amount of development fronting the east side of FM 2154, the City of College Station plans
to provide wastewater service in that area. Properties within the annexation area that are not currently
served by the City or unable to access the proposed wastewater facilities will remain on private
systems until such time as significant development occurs to warrant the extension of an organized
sanitary sewer collection system.
V. 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)
No capital improvements are necessary at this time to provide Police Services to the proposed
annexation area. 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 or projected in the area.
B. Fire Protection (including EMS)
No capital improvements are necessary at this time to provide Fire Protection to the proposed
annexation area. 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 reasonable contemplated or projected in the area.
C. Solid Waste Collection
No capital improvements are necessary at this time to provide solid waste collection to the
proposed annexation area. 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 reasonable contemplated or
projected in the area.
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ORDINANCE NO. 2011 -3331 Page 16
D. Maintenance of Public Roads and Streets
While not required by the TEXAS LOCAL GOVERNMENT CODE, as part of the Capital
Improvement Plan for the proposed annexation area, the City of College Station will, within two
and one -half (2 -1/2) years of the effective date of annexation, provide a seal coat (two course)
for the following gravel roads and streets:
• McCullough Road
• Church Street
• Madison Street
• Live Oak Street
• Royder Road
Additionally, 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. Any improvement
and/or enlargement of roads within existing rights -of -way will be included in future capital
improvement programs in compliance with the City's thoroughfare plan and/or as needed to
facilitate the maneuvering of emergency and sanitation service vehicles.
E. Parks, Playgrounds and Swimming Pools
No capital improvements are necessary at this time to provide parks and recreation services to
the proposed annexation area. Parks and recreation services will be provided through 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 in lieu of land in
accordance with the City of College Station Unified Development Ordinance and an existing
interlocal agreement with the College Station ISD. The proposed annexation area is located in
neighborhood park zones 13 and 20 and in community park zones A and B.
F. Other Public Building and Facilities
No capital improvements are necessary at this time to provide other public buildings and
facilities to the proposed annexation area. 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.
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 tap fees or
other installation fees in effect on a citywide basis are in addition to impact fees levied.
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ORDINANCE NO. 2011 -3331 Page 17
Water
No water infrastructure will be provided to this area after annexation. The annexation area is
located within the water CCN service territory of Wellborn SUD. Therefore, the properties will
continue to be served by Wellborn SUD after annexation.
Wastewater
Due to the amount and nature of the development fronting the east side of FM 2154, capital
improvements are necessary to provide wastewater service to this area. As part of the Capital
Improvement Plan for the proposed annexation area, the City of College Station will acquire any
needed easements, provide the necessary design, and construct the following:
• A 12 -inch gravity main along the east side of FM 2154 with stub -outs at each parcel;
• A lift station at the intersection of FM 2154 and Greens Prairie Trail; and,
• A force main along Greens Prairie Trail
Exhibit A illustrates the proposed wastewater capital improvements. Properties within the
annexation area that are not currently served by the City or unable to access the proposed
wastewater facilities 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.
Capital Improvement Schedule
Owing to the time required to secure utility easements, design the wastewater infrastructure, and
perform the necessary construction, the wastewater facilities cannot be reasonably provided
within two and one -half (2 -1/2) years of the effective date of annexation. Therefore, the City of
College Station will have the proposed work substantially completed within four and one -half
(4 -1/2) years as proposed by the following schedule:
• Survey work will begin within six (6) months of the effective date of annexation
• Design work will begin within one (1) year of the effective date of annexation
• Construction will begin within four (4) years of the effective date of annexation
• Construction will be substantially complete within four and one half (4 -1/2) years of the
effective date of annexation
The construction of the wastewater facilities described above will be accomplished in a
continuous process and completed as soon as reasonably possible, consistent with generally
accepted local engineering practices. However, the City does not violate the terms of this
service plan if the easement acquisition, design, or construction process is interrupted for any
reason by circumstances beyond the direct control of the City of College Station.
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 of topography, land use, and
population density are considered a sufficient basis for providing different levels of service.
•
ORDINANCE NO. 2011 -3331 Page 18
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 may be 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 2008 and VERNON SUPP.
2009).
0
ORDINANCE NO. 2011-3331 Page 19
APPENDIX
Exhibit A
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