HomeMy WebLinkAboutAgenda CC 01.09.2007EST. 1848
GEORGETOWN
TEXAS
MEMORANDUM
DATE: January 9, 2007
TO: Advisory Boards and Commissions
FROM: Paul E. Brandenburg, City Manager
SUBJECT: Budget 2007/2008 Input
The City's annual budget process has begun for the 2007/2008 year, with capital projects planning, strategic
planning and staff review of the process. The input that you provided last year to the Council was very important
to the budget process. We are requesting your input again this year, with Finance scheduling meetings at each
advisory board meeting in the January/February/March time frame to gather information.
The attached form is what will be used to gather feedback to make certain that consistent information is provided
to Council from each board. Please use this letter and the form as preliminary information in your agenda
packets. Thank you for your continued support.
MA07_oMdvisory Board Meetings\jnenno.doc
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CITY OF GEORGETOWN — 2007/2008 BUDGET PROCESS
Boards & Commission Feedback
Board: Date:
During the annual budget process, feedback on various issues is requested from
the City's board and commission members. Please take a few moments to
complete this short survey and provide the Council with much needed input for
the upcoming budget process.
1. What do you like MOST about living in Georgetown? Choose the one main reason.
Beauty, natural environment
Good, caring, nice people
Public safety
Parks, recreation opportunities
Community spirit, involvement in local activities
Cultural, entertainment opportunities
Cost of living
Location
2. What change would make Georgetown a better place to live? Please choose one from this list.
Managed growth, development
More employment opportunities
Greater retail selection
Improve traffic situation
More affordable housing
More parks and green space
More entertainment opportunities
Public transportation
3. Where do you believe the worst traffic congestion occurs in Georgetown?
Intersection of Williams Drive at IH35
Intersection of Hwy 29 at IH35
Williams Drive
University Avenue
Leander Road and IH 35 intersection
North Austin Ave at intersection of Williams Dr and IH35
Downtown
4. What traffic improvements made in the last year have had the most impact to improve traffic
congestion?
Completion of the NE Inner Loop
HW29 at IH 35
Wolf Ranch Parkway
New light on Leander Road and Rockcrest
5. Please rank the appearance of the following commercial areas: Strongly like (1) to Strongly
dislike (5).
Williams Drive between 1-35 and Lakeway (The Pit Bar B Que, Race Track)
Williams Drive @ Shell Road (HEB shopping center)
The Rivery (Wal Mart and Home Depot)
The Downtown Square
Wolf Ranch (Target, Kohl's, Best Buy)
San Gabriel Village (Chili's and Applebee's)
6. What type of Economic Development incentives would you support for the City to use in
recruiting new or expanded businesses to Georgetown?
Property Tax abatements
Sales Tax sharing agreements
Fee Waivers
Discounted utility services
7. How often do you access the City's website?
Daily
Weekly
Monthly
Never
8. Overall, how would you rate the City in terms of providing quality customer service?
Excellent
Good
Only Fair
Poor
Don't know
9. How do you think the city of Georgetown's tax rate compares to others in the 1-35 corridor:
higher, lower, or about the same?
HIGHER
LOWER
ABOUT THE SAME
DON'T KNOW
10. How would you rate the value you get for your utility rate dollars?
Excellent
Good
Only Fair
Poor
Don't know/No opinion
11. And how would you rate the value you get for your city tax dollars?
Excellent
Good
Only Fair
Poor
Don't know/No opinion
12. What ONE thing could the City do to improve the quality of life in Georgetown?
What 3 issues do you feel directly impact your board that you feel the City Council
needs to be aware of?
PRI
Other comments:
Thank you for your participation.
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, January 9, 2007
The Georgetown City Council will meet on Tuesday, January 9, 2007 at 05:00:00 PM at City Council
Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
-Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
- Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS:
United States District Court, Western District of Texas
- Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas
- Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C)
(SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
- Proposed Sanitary Sewer Overflow Agreement with the TCEQ.
- Discussion regarding the application of municipal zoning and development regulations to facilities owned by school districts
and other political subdivisions.
B Sec 551.072: Deliberations about Real Property
- Consideration and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on
property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the proposed Texas
Department of Transportation/Austin Avenue Maintenance Project
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
C Call to Order
D Pledge of Allegiance
E Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
F Announcements and Comments from City Manager
City Council Agenda/January 9, 2007
Page 1 of 4 Pages
G Public Wishing to Address Council
- Sandra Taylor of Pedernales Electric regarding update of PEC activities in Georgetown area
Keith Peshak regarding police matters.
H Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, December 11,
and the Council Meeting on Tuesday, December 12, 2006 -- Sandra D. Lee, City Secretary
J Consideration and possible action to approve a lease agreement with the Red Poppy Coffee Company for
lease of space in the new Georgetown Public Library -- Eric Lashley, Library Director and Randy Morrow,
Director of Community Services
K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $1,933.00 in Hotel Occupancy Tax (HOT) funds to the Williamson County
Historical Museum for help in the production and distribution of a new rack card — Shelly Hargrove, Tourism
Director and Main Street Manager and Randy Morrow, Director of Community Services
L Consideration and possible action for approval of the purchase of a prefabricated concrete restroom for
Rivery Park from CXT Incorporated in Hillsboro, Texas, through the State of Texas Purchasing Contract in the
amount of $43,594.53 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of
Community Services
M Consideration and possible action for approval of an agreement for Investment advisory services with Valley
View Consulting, L.L.C. — Micki Rundell, Director of Finance and Administration
N Consideration and possible action on a Resolution of Public Convenience and Necessity authorizing eminent
domain, if necessary, for an easement acquisition for public safety regarding improvgements to Austin Avenue —
Threadgill Oil Co., Inc., property located at 705 N. Austin Avenue -- Jim Briggs, Assistant City Manager for Utility
Operations
O Consideration and possible action concerning the assignment of an existing contract dated July 26, 2005, by
and between Contract Land Staff, Inc., and the City of Georgetown, to Contract Land Staff, LP (formerly Land
Management Solutions, LP) -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carts, City
Attorney
P Consideration and possible action on a Vacation of a Final Plat of Church of the Fisherman Subdivision, a
7.01 acres tract in the William Roberts Survey, Abstract No. 524, located on F.M. 972 (Walburg Road) — Carla
J. Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development Services
Q Consideration and possible action on a Public Review Final Plat for 29.13 acres in the William Roberts Survey
(A-524) to be known as Berry Creek, Section 5, Phase 2, located at the ends of Tiger Wood Drive and Kingsway
Drive — Jennifer Bills, Planner I and Bobby Ray, AICP, Director of Planning and Development Services
R Consideration and possible action regarding a resolution granting a petition and setting public hearing dates
for the voluntary annexation into the City of 590.40 acres, more or less, in the L.S Walters Survey and Burrell.
Eaves Survey, for Madison Georgetown, located South of Ronald Reagan Boulevard and west of SH 195 --
Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
S Consideration and possible action regarding a resolution granting a petition and setting public hearing dates
for the voluntary annexation into the City of 17.232 acres, more or less, in the Burrell Eaves Survey, for Sun
City Neighborhood 61, located west of SH 195 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray,
AICP, Director Planning and Development
Legislative Regular Agenda
City Council Agenda/January 9, 2007
Page 2 of 4 Pages
Council will individually consider and possibly take action on any or all of the following items:
T Consideration and possible action to direct staff to commence the process for updating and revising the
"Principles for Economic Development Incentives," and to develop procedures for working with business
enterprises and the County and other governmental entities on economic development agreements — Farley
Snell, Councilmember District 6
U Consideration and possible action to approve a contract for Professional Consulting Services between K.
Peterman Consulting Services and the City of Georgetown in an amount not to exceed $21,000 — Mark Thomas,
Economic Development Director and Paul E. Brandenburg, City Manager
V Discussion and possible action to approve standarized Bylaws for Boards, Commissions, and Committees,
including but not limited to term limits, appointment of alternates, training requirements, and subcommittee
provisions -- Paul E. Brandenburg, City Manager
W Items forwarded from the Georgetown Utility System (GUS) Board
1. Consideration and possible action to approve a Professional Services Agreement between the City of
Georgetown and ElectSolve to provide operations services for the City's Automatic Meter Reading
System in the amount of $61,200.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
2. Consideration and possible action for the award of bid for concrete, steel, two-piece steel, or laminated
wood distribution poles to various bidders -- Michael W. Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
3. Consideration and possible action to award a contract for the construction of the Rabbit Hill Pump Station
and to establish a project budget of $1,033,694.00 — Glenn Dishong, Water Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
4. Consideration and possible action for the award of the annual bid for water meters and accessories to
various bidders in the amount of $303,272.90 — Glenn Dishong, Water Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
X Second Reading Of an Ordinance amending Section 10.12.090 of the Code Of Ordinances establishing
speed limits on D.B. Wood Road from FM 2338 (Williams Drive) to SH 29 West, Georgetown Innerloop
Southeast from SH 29 East to Business 35 South (Austin Avenue) and Wolf Ranch Parkway from Rivery Blvd.
to SH 29 West. -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility
Operations
Y Public Hearings/First Readings
1. First Reading of an ordinance amending the 2006/07 Annual Operating Plan Element (Budget) for
various adjustments relating to staffing, municipal court revenues, and reallocation of capital improvements
-- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration
2. First Reading of an ordinance amending the previous year 2005/06 Annual Operating Plan Element
(Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service
requests, donations, project timing, grants, and payments to bond escrow agent for refunding bonds --
Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration
3. Public Hearing and First Reading of an ordinance Rezoning from AG, Agriculture district to PUD,
Planned Unit Development district for 73.727 acres in the Fredrick Foy Survey (A-229) to be known as the
Planned Unit Development of Sun City Georgetown, Neighborhood Fifty -Seven — Jordan Maddox,
Planner I and Bobby Ray, AICP, Director of Planning and Development Services.
4. Public Hearing and First Reading of an ordinance Rezoning from AG, Agriculture district to PUD,
Planned Unit Development district for 101.196 acres in the Fredrick Foy Survey (A-229) to be known as the
Planned Unit Development of Sun City Georgetown, Neighborhood Fifty -Nine — Jordan Maddox,
Planner I and Bobby Ray, AICP, Director of Planning and Development Services.
5. Public Hearing and First Reading of an ordinance Rezoning from AG, Agriculture district to PUD,
Planned Unit Development district for 25.976 acres in the W.G. Wilkinson Survey, Geo. Thompson Survey,
and Amber Short Survey, to be known as the Planned Unit Development of Sun City Georgetown,
City Council Agenda/January 9, 2007
Page 3 of 4 Pages
Neighborhood Sixty — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and
Development Services.
6. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single -Family district
to PUD, Planned Unit Development District 9.10 acres in the Crestview Addition, Unit II Block 1 and Unit III,
Block 1 to be known as Crestview Baptist Church Subdivision, located on Williams Drive northwest of
Ranch Road - Bobby Ray, AICP, Director of Planning and Development Services.
7. Public Hearing and First Reading of an ordinance Rezoning from RS, Residential Single -Family district
with a PUD, Planned Unit Development overlay to OF, Office district for a portion of Block O in J. C. S.
Morrow Addition located at 1205 Austin Avenue — Rebecca Rowe, Historic District Planner; Bobby Ray,
AICP, Director of Planning and Development
8, Public Hearing on the voluntary annexation into the City for 590.40 acres, more or less, in the L.S
Walters Survey and Burrell. Eaves Survey, for Madison Georgetown, located South of Ronald Reagan
Boulevard and west of SH 195 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP,
Director Planning and Development
9. Public Hearing on the voluntary annexation into the City for 17.232 acres, more or less, in the Burrell
Eaves Survey, for Sun City Neighborhood 61, located west of SH 195 — Edward G. Polasek, AICP,
Principal Planner and Bobby Ray, AICP, Director Planning and Development
Z Appointments
1. Consideration and possible action to approve the appointment of Rosemary Rodriguez to the
Comprehensive Plan Steering Committee — Mayor Gary Nelon
2. Consideration and possible action to approve a resolution to reappoint Patty Eason to the Austin -San
Antonio Intermunicipal Commuter Rail District Board -- Mayor Gary Nelon
3. Consideration and possible action to approve a resolution to appoint David Goodrum to the Georgetown
Village Public Improvement District #1 (GVPID #1) to replace Mark Pustka — Mayor Gary Nelon
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2007, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/January 9, 2007
Page 4 of 4 Pages
r
Council Meeting Date: Tanuary 9, 2007 Item No. �I
AGENDA ITEM COVER SHEET
SUBJECT:
Resolution of the City Council of the City of Georgetown finding public convenience and
necessity and authorizing eminent domain, if necessary, for an easement acquisition for
public safety regarding improvements to Austin Avenue - Threadgill Oil, Inc. Property.
ITEM SUMMARY:
In June 2005, Council resolved to accept the transfer of jurisdiction and maintenance of a
portion of Business 35 ("Austin Avenue") from the Texas Department of Transportation
(TxDOT) to the City, in exchange for TxDOT's agreement to make certain improvements
thereto, subject to the City's acquisition of the property located at 705 N. Austin Ave.
owned by Threadgill Oil Co., Inc. Accordingly, Staff entered into negotiations with the
landowner of the property shortly thereafter; however, no agreement was reached for
acquisition of the whole property. On August 8, 2006, Council directed Staff to proceed
with the acquisition of an easement interest and denial of access only, as subsequently
authorized by TxDOT, and as recommended by the City's legal council, Kent A. Sick, in his
memo to Council dated August 1, 2006. Accordingly, an updated appraisal was obtained
as to the value of a "clear zone" easement and denial of access and an offer based thereon
was tendered to the landowner, Threadgill Oil Co., Inc., on December 22, 2006, subject to
Council approval. The attached proposed Resolution indicates Council's direction
concerning the acquisition of the subject clear zone easement and denial of access, by
eminent domain, if necessary.
ATTACHMENTS:
Proposed Resolution
Submitted By:
Jim Briggs, Assistant City
Manager for Utility Op gyrations
Patricia E. Carls, Brown & Carls, LLP
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN FINDING PUBLIC CONVENIENCE AND
NECESSITY AND AUTHORIZING EMINENT DOMAIN, IF
NECESSARY, FOR AN EASEMENT ACQUISITION FOR PUBLIC
SAFETY REGARDING IMPROVEMENTS TO AUSTIN AVENUE --
THREADGILL OIL, INC. PROPERTY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires
acquisition of a roadway clearance easement and denial of access as described
graphically in the attached Exhibit "A" and by metes and bounds in the attached
Exhibit "B," both incorporated herein by reference as if fully set out and subsequently
referred to as the "Property," said roadway clearance easement and denial of access
being acquired for public safety purposes in conjunction with improvements to Austin
Avenue (the "Project"); and,
WHEREAS, in order to effectuate the Project, it will be necessary and convenient
that agents, representatives, or employees of the City, lay out the roadway and access
and to acquire an easement across the Property for the purposes of public safety,
construction, reconstruction, operation, and maintenance of the roadway, utility lines,
and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers,
attorneys, title companies, architects, or other persons or companies to effect the laying
out, establishment, and acquisition of said easement and access; and,
WHEREAS, in order to acquire the Property, it will be or has been necessary for
the City's agents, representatives, or employees to enter upon the Property for the
purpose of surveying and establishing said land titles and to determine adequate
compensation for said land, to conduct tests, and to negotiate with the owners thereof
for the purchase of the land titles; and,
WHEREAS, it was necessary to set out procedures for the establishment and
approval of just compensation for each of the parcels to be acquired for the roadway.
Resolution No.
Austin Avenue Maintenance Projcot — Threadgill Oil Co., Inc.
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct, and are incorporated
by reference herein and expressly made a part hereof, as if copied verbatim. The City
Council hereby finds that this resolution implements the Transportation Policy End
10.00 of the Century Plan - Policy Plan Element, which states: "Citizens and commercial
goods move safely and efficiently throughout all parts of the City," and further finds that the
adoption of this resolution is not inconsistent or in conflict with any other Century Plan
Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. In order to promote the public health, safety, and welfare, public
convenience and necessity require the acquisition of a roadway clearance easement and
denial of access across the Property as described in the attached Exhibits "A" and "B,"
with such easement being of the terms generally described in Exhibit "C," attached and
incorporated herein by reference is if fully set out.
SECTION 3. The City's agents, representatives, or employees are hereby
authorized to:
a. Lay out the exact location of the land needed from the Property or
other properties;
b. Hire such engineers, surveyors, appraisers, title companies,
architects, and other persons or companies needed to effect the
laying out of the facilities, the establishment and acquisition of and
easement to the required property, and the construction of the
roadway facility, utility lines, and appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying
and establishing the title, to determine adequate compensation for
the easement, and to conduct tests;
d. Negotiate with the owner of the Property for the purchase of a
roadway clearance easement and denial of access as herein
described;
Resolution No.
Austin Avenue Maintenance Project — Threadgill Oil Co., Inc.
Page 2 of 3
e. To purchase an easement across the Property, and execute all
documents necessary to acquire such easement, all subject to
express approval of the specific, negotiated terms by the City
Council;
f. Initiate eminent domain proceedings against the owner(s) of the
Property for said roadway clearance easement and denial of access
in the event the owner(s) fail to accept a bona fide offer to purchase
the roadway clearance easement and denial of access; and
g. Take whatever further actions deemed appropriate to economically
effect the establishment of the roadway facility, utility lines, and
appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the roadway, including
the negotiation for and/or acquisition of any necessary property rights in the
Property are hereby authorized, ratified, approved, confirmed, and validated.
This resolution shall take effect immediately from and after its passage.
RESOLVED this _ day of 2007.
ATTEST:
THE CITY OF GEORGETOWN:
Sandra D. Lee, City Secretary Gary Nelon, Mayor
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Resolution No.
Austin Avenue Maintena ace Project — Threadgill Oil Co., Inc.
Page 3 of 3
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FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR THREADGILL OIL CO. INC. — CITY OF GEORGETOWN
PROPOSED CLEAR ZONE AND ACCESS LIMITATION
BEING 0.04 acres, including part of Lots 3, 4, & 5 in Block 18 of the North Georgetown Addition,
a subdivision addition to the City of Georgetown, of record in Cabinet A, Slide 249, Plat Records of
Williamson County, Texas. This property is part of the same 0.27 acre parcel which was conveyed to
Threadgill Oil Co. Inc. as described in a deed of record in Vol. 2518, Pg. 47, Official Records of Williamson
County, Texas. This area has been described based on calculations and date collected in a survey made on the
ground in June of 2005, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at a steel cotton spindle set in,2005 for the Northwest comer of the said 0.27 acre
parcel which was conveyed to Threadgill Oil Co. Inc, as referenced above and as surveyed in 2005. This
comer exists at the intersection of the South line of Spring Street with the East line of Old U.S. Highway 81
(commonly known as North Austin Ave,), in the North line of said Lot 3.
THENCE with the South line of Spring Street and the North line of said Block 18, following the
North boundary of the 0.27 acre tract surveyed in June of 2005, N 89 deg. 08 min. E (Ll) 11.32 feet to a an
unmarked point.
THENCE remaining parallel to and 10 feet Easterly from the East line of North Austin Avenue, with
the arc of a curve (CI) to the left having a radius of 914.43 feet, 152.88 feet with the are of the curve, the
chord bears S 22 deg. 26 min. 52 sec. W 152.70 feet to the South boundary of the said 0.27 acre parcel, an
unmarked point.
THENCE with the South line of the said 0.27 acre Threadgill tract, S 88 deg. 47 min. 40 sec. W (L2)
10.56 feet to an iron pin found in an asphalt driveway as existing in 2005.
THENCE with the caned East R. O. W. line of Old U.S. Highway 81 (aka North Austin Avenue),
(0) at N 18 deg. 19 min. 55 sec. E 30.00 feet along the arc of the curve, pass the beginning of a proposed
denial of access area, continuing with a Denial of Access Zone, {sub -chord (C2) 122.63 feet with the arc of
the curve, the chord bears N 23 deg. 06 min. 49 sec. E 122.54 feet), combining the two sub -chords and
continuing in all 152.63 feet with the arc of the curve to the right having a radius of914.43 feet, the long
chord bears N 22 deg. 10 min. 25 sec. E 152.45 feet to the POINT OF BEGINNING..
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON
I, WM. F. FOREST, JR., do hereby certify that this description was prepared based on calculations made
this date and data collected in a survey was made on the ground of the 0.27 acre Threadgill Oil Co. property
in Judy of 2005. Ownership and easement information for this tract has not been researched or updated except
as shown on the attached plat.
TO CER7VFY WHICH my hand and seal at Georgetown, Texas, this the 4i' day of October
of 2006=REGISTERED
d38: eadgill earzone.doc w a
.F. FORESTJR. r •.fir' is S1k4',6
PROFESSION AND SURVEYOR NO. 1847 �G
$
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EXHIBIT
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ROADWAY CLEARANCE EASEMENT
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THAT Threadgill Oil Company, Inc., a Texas corporation, hereinafter referred to as
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, to Grantor in hand paid by the City of Georgetown, Texas, a Texas
municipal corporation situated in the county of Williamson, Texas, hereinafter called
GRANTEE, the receipt and sufficiency of which hereby acknowledged and confessed, and
for which no lien, or encumbrance, expressed or implied, is retained, have this day
GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and
CONVEY unto Grantee, a permanent roadway clearance easement for public safety and
the operation and maintenance of a public roadway upon and across all or any portion of
the following described property, to -wit:
That certain tract of land described by metes and bounds on the attached
Exhibit "B,"and graphically on the attached Exhibit "A," both exhibits being
incorporated herein by reference for all purposes.
GRANTOR shall have no right of ingress and egress over, upon and across said
permanent roadway clearance easement in the area denoted "Denial of Access Zone" on
the attached Exhibit "A." GRANTOR shall retain the right of access to North Austin Avenue
only within that portion of the permanent roadway clearance easement not denoted "Denial
of Access Zone;" however, GRANTOR may not use any portion of the permanent roadway
clearance easement for parking, fueling, storage, or any other purpose not consistent with
keeping the roadway clearance zone easement free of vehicles and obstructions.
GRANTOR shall retain the right to enter onto the permanent roadway clearance easement
area and remove any existing improvements in the event of a redevelopment of
GRANTOR's property or reconfiguration thereof; GRANTOR shall not, however, have any
right to erect any new improvements within any of the permanent roadway clearance
easement area other than landscaping throughout the easement area and drives within the
easement area where access is permitted. GRANTEE shall have the right at its discretion
but not the duty to remove any and all existing improvements within the roadway clearance
easement area, to construct landscaping, and to erect berms, curbs, or other structures
within the roadway clearance easement area, and to enter onto the roadway clearance
easement area as GRANTEE sees fit for purposes of constructing, operating, maintaining,
replacing, upgrading, removing, and/or repairing such landscaping, berms, curbs, or other
structures.
TO HAVE AND TO HOLD the above-described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto Grantee, and
Grantee's heirs, executors, administrators, successors and assigns forever; and Grantor
EXHIBIT
does hereby bind Grantor, its heirs, executors, administrators, successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the easement unto Grantee and
Grantee's heirs, executors, administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same, or any part thereof, together with the
privilege at any and all times to enter said premises, or any part thereof, for the purposes of
public safety and operation and maintenance of a public roadway.
GRANTOR does hereby bind itself, its successors, assigns and legal representatives
to warrant and forever defend all and singular the above described easement and rights
unto the said Grantee, its successors and assigns, against every persons whomsoever
lawfully claiming or to claim the same or any part thereafter.
IN WITNESS THEREOF, Grantors have caused this instrument to be executed on this
day of 2006.
GRANTOR:_
By:
Signature
Print Name
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned, a Notary Public in and for the County and State, on
this day personally appeared , known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
.2006.
EXHIHIIBIT
1 y�F s
Notary Public Signature
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FOREST SURVEYING AND MAPPING CO.
1002 Ash St. .
Georgetown, Tx. 78626
DESCRIPTION FOR THREADGILL OIL CO. INC. — CITY OF G13ORCYETOWN
PROPOSED CLEAR ZONE AND ACCESS LMTATION
BEING 0.04 acres, including part of Lots 3, 4, & 5 in Block 18 of the North Georgetown Addition,
a subdivision addition to the City of Georgetown, of record in Cabinet A, Slide 249, Plat Records of
Williamson County, Texas. This property is part of the same 027 acre parcel which was conveyed to
Thraadgill Oil Co. Inc, as described in a deed of record in Vol. 2518, Pg. 47, Official Records of Williamson
County, Texas. This area has been described based on calculations and data collected in a survey made on the
ground in June o£2005, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at a steel cotton spindle set in.2005 for the Northwest corner of the said 0.27 acre
parcel which was conveyed to Threadgill Oil Co, Inc. as referenced above and as surveyed in 2005. This
comer exists at the intersection of the South line of Spring Street with the East line of Old U.S. Highway 81
(commonly known as North Austin Ave.), in the North line of said Lot 3.
THENCE with the South line of Spring Street and the North line of said Block 18, following the
North boundary of the 0.27 acre tract surveyed in June of 2005, N 89 deg. 08 min. E (Ll) 11.32 feet to a an
unmarked point.
THENCE remaining parallel to and 10 feet Easterly from the East line of North Austin Avenue, with
the are of a curve (Cl) to the left having a radius of 914.43 feet, 152.88 feet with the are of the curve, the
chord bears S 22 deg. 26 min. 52 sec. W 152.70 feet to the South boundary of the said 0.27 acre parcel, an
unmarked point.
THENCE with the South line of the said 0.27 acre Tbreadgill tract, S 88 deg. 47 min. 40 sec. W (1-2)
10-56 feet to an iron pin found in an asphalt driveway as existing in 2005.
THENCE with the curved East R O. W. line of Old U.S. Highway 81 (a k.a. North Austin Avenue),
(0) at N 18 deg. 19 min. 55 sec. E 30.00 feet along the arc of the curve, pass the beginning of a proposed
denial of access area, continuing with a Denial of Access Zone, {sub -chord (C2) 122.63 feet with the arc of
the curve, the chord bears N 23 deg. 06 min. 49 sec. E 122.54 feet), combining the two sub -chords and
continuing in all 152.63 feet with the are of the Curve to the right having a radius of{J 14.43 feet, the long
chord bears -N 22 deg. 10 min. 25 sec. E 152.45 feet to the POINT OF BEGINNING..
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON
1, WM. F. FOREST, JR., do hereby certify that this description was prepared based on calculations made
this date and data collected iu a survey was made on the ground of the 0.27 acre Threadgill Oil Co. property
in July of 2005. Ownership and easement information for this traet•has not been researched or updated except
as shown on the attached plat.
TO CER Y WHICH y hand and seal at Georgetown, Texas, this the 4h day of October
of 2006, A, . F' : rd38: t eadgill earzone.doc
F. FOREST JR Frye .r
REGISTERED PROFESSION AND SURVEYOR NO. 1847:G'
y.JR
1847
EXHIBIT EXHIEIT1`,,`;.:NO
5 5
Council Meeting Date: Ianuary 9, 2007 Item No. b
AGENDA ITEM COVER SHEET
SUBTECT:
Consideration and possible action concerning the assignment of e)dsting contract dated July
26, 2005, by and between Contract Land Staff, Inc., and City of Georgetown, to Contract
Land Staff, LP (formerly Land Management Solutions, LP).
ITEM SUMMARY:
The City received the attached letter dated December 26, 2006 from Contract Land Staff,
Inc. requesting the City's consent to the assignment of its 2005 contract for professional
right-of-way acquisition services (copy attached) to its successor in interest, Contract Land
Staff, LP. A copy of the request and proposed consent form letter is attached. Staff
recommends approval.
ATTACHMENTS:
July 26, 2006 contract
December 26, 2006 letter requesting consent
November 1, 2006 proposed consent form letter
Submitted By:
Stant City Patricia E. Carls, Brown & Carls, LLP
for Utility Operations City Attorney
C,c PV
RIGHT OF WAY SERVICES AGREEMENT
This Right of ay Services Agreement (this "Agreement") is entered into effective as of
the�/�day of 2005, by and between the City of Georgetown, a Texas
home -rule municioKl corp ration ("City"), having its principal place of business in Georgetown,
Williamson County, Texas and Contract Land Staff, hie. ("Consultant"), a Texas corporation
having its principal place of business at 10701 Corporate Drive, Suite 215, Stafford, Texas
77477. The City and Consultant are hereinafter sometimes referred to individually as a "Party"
and collectively as the "Parties".
WITNESSETH:
In consideration of their mutual covenants hereunder, the Parties agree as follows:
1. Scone of Services. The City may from time to time request that Consultant
perform certain professional and consulting services pertaining to right of way and other land
acquisition services (the "Services") in accordance with Chapter 2254 of the Texas Government
Code. Each request shall be made in the form of a written "authorization letter", "job order", or
"verbal request followed up via email" that describes with particularity the Services being
requested and the time for performance. The Services to be provided may include those set forth
in "Services to be Provided" attached hereto as Exhibit A.
2. Performance of Services. After accepting a request for Services, Consultant will
perform the Services as specified and in the timeframe established by the City, subject to
Paragraph 9 of this Agreement relating to Force Majeure.
3. Charges for Services. Charges for Services will be made in accordance with the
Schedule of Rates attached hereto as Exhibit B and the Expense Reimbursement Procedures
attached hereto as Exhibit C. Consultant shall invoice City monthly for Services performed and
payment shall be due within forty-five (45) days of City's receipt of invoice. A discount for
prompt payment shall be allowed to City on invoices matching the criteria set forth in Exhibit B.
Consultant shall maintain such books and records as may be reasonably required to substantiate
charges invoiced under this Agreement. The total amount of compensation, including
reimbursements, by the City to Consultant for all services to be performed under this Agreement
shall not, under any circumstances, exceed $100,000.00, during any one City fiscal year (October
1 through September 30), without prior written approval of the City Council.
4. Term. This Agreement shall remain in effect until terminated by either party
pursuant to Paragraph 12 hereof.
5. Confidential Information. All confidential data and information acquired by
Consultant from the City during the performance of Services shall be kept confidential and shall
not be disclosed by Consultant to third parties without the written consent of City, unless
Consultant is required by law or court order to make disclosure. Data and information obtained
by Consultant in the ordinary course of its business, or which is in the public domain through no
wrongful act of Consultant shall not be considered confidential.
Contract Land Staff, Inc.
Page 1 of 10
6. Ownership of Work Product. All reports, records, and other electronic files,
sketches, working drawings and other tangible evidence of Consultant's work product prepared
hereunder for City by Consultant and Consultant's independent professional associates and
subcontractors, if applicable shall be the property of City. The City shall retain ownership and
property interest therein, whether or not the Service(s) are completed, upon payment by the City
to the Consultant for the actual costs, if any, of reproduction (i.e., copying and printing) and other
similar direct expenses. Consultant may retain a record copy of its work product. Any use of
Consultant's work product by the City for any purpose other than their intended purpose under
this Agreement shall be at the City's sole risk.
7. Cross Indemnification. Consultant shall indemnify and hold harmless City and
its affiliates, and the directors, officers, shareholders, employees and agents thereof, from any
damages, injuries (including death), claims, property damages (including loss of use), losses,
demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which
arise out of the Consultant's breach of any of the terms or provisions of this Agreement, or by
any other negligent act, error or omission of the Consultant, its agents, servants, employees,
subcontractors, or any other persons or entities for whose acts the Consultant is legally liable. To
the extent allowed by law, City shall indemnify and hold harmless Consultant and its affiliates,
subconsultants and suppliers, and the directors, officers, shareholders, employees and agents
thereof, from any damages, injuries (including death), claims, property damages (including loss
of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and
expenses, which arise out of the City's breach of any of the terms or provisions of this
Agreement, or by any other negligent act, error or omission of the City, its agents, servants,
employees, subcontractors, or any other persons or entities for whose acts the City is legally
liable. . Either Party shall promptly advise the other in writing of any claim which could give
rise to a right of indemnification under this Paragraph 6. The indemnified Party shall have the
right, at its expense, to participate in the defense of such claim.
8 Scope of Liability. The City shall extend to Consultant the benefit of any
indemnification or hold harmless agreement given by its other consultants and subconsultants in
favor of the City for activities related to the Services. Notwithstanding any other provision of
this Agreement, in no event shall Consultant or any affiliate be responsible for any indirect,
special, incidental or consequential damage suffered by the City arising out of the Services or this
Agreement including, without limitation, any increased operating expense, loss of anticipated
revenue or profit, loss of goodwill, loss of use of any facility, loss of product, and damages
resulting from environmental pollution, containment and cleanup.
9. Excluded Services Relating to City's Other Contractors. The Parties
acknowledge and agree that Consultant shall not supervise, direct or control City's other
contractors or subcontractors at any tier ("City's Other Contractors"), nor shall Consultant have
authority over or responsibility for City's Other Contractors with regard to: (a) the means,
methods, techniques or sequences of work process or other work performed by City's Other
Contractors; (b) jobsite safety or enforcement of federal, state, local or other safety requirements
in connection with the work performed by City's Other Contractors; (c) any failure to comply
with applicable laws, rules, regulations, ordinances, codes, permits or orders by City's Other
Contractors; or (d) any actions or omissions, including their failure to perform in accordance with
their contractual responsibilities by the City's Contractors. Notwithstanding anything to the
Page 2 of 10
contrary herein, Contractor acknowledges and agrees that Contractor shall have authority over
and be responsible for the activities described in items (a) — (d), above, as it pertains to the
Services by Contractor that are the subject of this Agreement.
10. Force Majeure. Except for the payment of money when due, should either Party
be unable, in whole or in part, to perform its obligations under this Agreement by reason of force
majeure, such Party shall be excused from performance to the extent it is affected by such force
majeure. The Party affected by force majeure shall endeavor to remedy the impediment to its
performance with all reasonable dispatch. The term "force majeure" shall mean any cause
beyond the control of the Party claiming force majeure and which, despite the exercise of due
diligence, such Party is unable to prevent or overcome.
11. Insurance. Consultant shall carry, at its expense; the insurance coverages set
forth in "Insurance Coverage" attached hereto as Exhibit D.
12. Termination and Suspension. (a) Either Party shall have the right to terminate
this Agreement if the other Party materially defaults in the performance of its obligations
hereunder and fails to commence steps to remedy such default within fifteen (15) days after
written notice thereof. City shall also have the right to terminate this Agreement for its own
convenience upon thirty (30) days written notice to Consultant. In the event of termination,
Consultant shall be paid for all (i) Services satisfactorily rendered up to the termination date and
(ii) in cases where the termination is not attributable to the default of Consultant, costs incurred
by Consultant for an orderly discontinuance of Services. All partially completed work product
shall be delivered to City after termination and payment therefor.
(b) City may suspend performance of the Services provided that it issues to Consultant a
written suspension notice which includes an undertaking by the City to adjust the price and/or the
performance schedule for the impact of the suspension.
13. Adiustments. In the event of. (a) changes or additions to the scope of Services
requested; or (b) delays in the performance of Services by reason of a force majeure, charges
and/or performance schedules shall, if appropriate, be adjusted. Upon the occurrence of any
change, addition or delay, Consultant shall, as soon as practicable, propose to the City for
consideration and mutual agreement, an adjustment to charges and/or performance schedules.
14. Warranty. Consultant warrants that the Services shall be performed with that
degree of skill and judgment normally exercised by professional right of way firms performing
services of a similar nature. The Consultant will exercise due diligence and care and perform and
complete work related to the Services in a good and workmanlike manner. Approval of the City
should not constitute or be deemed a release of the responsibility and liability of Consultant, its
employees, agents, or associates, for the exercise of skill and diligence to promote the accuracy
and competency of their designs, information, plans specifications or any other document, nor
shall approval be deemed to be the assumption of such responsibility by the City with respect to
any defect or error in the documents prepared or work done by Consultant, its employees, agents,
or associates. Without limitation to the foregoing, Consultant shall correct, at its own expense,
Services which are (i) deficient because of Consultant's failure to perform said Services in
accordance with the above standard of skill and judgment, and (ii) reported in writing to
Consultant within a reasonable time, not to exceed thirty (30) days, from discovery thereof, but in
no event later than one (1) year from completion of the relevant Services. With respect to
Page 3 of 10
material and equipment purchases requested by City, the Parties agree that Consultant, in issuing
such orders, is acting solely as an authorized agent of the City and, beyond placement and
administration of the purchase order, Consultant's liability shall be limited to making available to
the City the benefit of any warranties given by the vendor.
15. Coordination with City. The City has designated Tem Calhoun as the Project
Coordinator for the City and Consultant shall coordinate all work efforts and meetings pertaining
to the Services with Project Manager, or her designee. The Consultant shall attend meetings at
the City of Georgetown as determined by the Project Coordinator. The Project Coordinator shall
at all times have access to the work for the purpose of inspecting the work and determining that
the work is being performed in accordance with the terms of this Agreement. The City shall
make available to the Consultant for use in performing the Services such information,
documents, and other data in the City's possession pertaining to the Services which the City
believes could be necessary for the performance of the Services. The Consultant may rely upon
the accuracy and completeness of information provided to it by the City, unless otherwise noted
by the City.
16. Independent Contractor Relationship. hi performance of the Services
hereunder, the Consultant shall be an independent contractor with the sole authority to control
and direct the performance of the details of the work required to perform the Services. The
Consultant shall not purport to be an employee or agent of the City, and shall not have any right
or power to bind the City to any obligation not otherwise specifically authorized in writing by the
City. The Consultant shall provide its own premises for performance of its duties hereunder, but
shall have resonable access to the premises of the City during reasonable working hours and to
any information, records and other material relevant to the Services to be provided hereunder.
17. Notices. Any notices or communications required or permitted to be given
hereunder shall be given in writing by delivery in person or by first class mail addressed to the
party, postage prepaid, or by facsimile at the following addresses or such other address(es) as a
Party may from time to time designate in writing:
If to City:
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Telephone: (512) 930-3652
Facsimile: (512) 930-3659
Attention: Jim Briggs, Asst. City
Manager for Utility Operations
If to Consultant:
Contract Land Staff, Inc.
10701 Corporate Drive, Suite 215
Stafford, Texas 77477
Telephone: (281) 240-3370
Facsimile: (281) 240-5009
Attention: Laurie F. Markoe
Notices delivered in person shall be effective upon delivery. Notices sent by mail shall be
effective on the third day after being so mailed. Notices sent by facsimile shall be effective on
the day following transmission.
18. Assignments and Subcontracts; No Waiver. Consultant shall not assign or
transfer any rights or interests in this Agreement without the written consent of the City. Unless
specifically stated to the contrary in any written consent to an assignment, no agreement will
release or discharge the assignor from any duty or responsibility under this Agreement.
Page 4 of 10
Consultant shall obtain the consent of City before subcontracting any material component of the
Services, such consent not to be unreasonably withheld by City. No waiver by either party
hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of
any other term or condition or subsequent waiver of the same term or condition.
19. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Texas, excluding any conflict of law or other provision referencing
the laws of another jurisdiction. The City and Consultant each hereby submit to the exclusive
jurisdiction of the federal and state courts located in Williamson County, Texas and agree that
service of process may be effected upon them by delivery in accordance with Paragraph 14.
20. Severability. In the event any portion of this Agreement is held to be
unenforceable or invalid, the validity and enforceability of the remainder of this Agreement shall
be unaffected.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter hereof, and supersedes all previous bids, proposals,
contracts, understandings and other agreements between the Parties. This Agreement may not be
amended, except in writing signed by both Parties. In the event of a conflict between this
Agreement and any "job order" or "authorization letter" issued in connection herewith, the
provisions of this Agreement shall prevail.
In Witness Whereof, the Parties hereto have executed this Agreement effective as of the
day and year first above written.
"CITY"
By 0�
MAYOR FkO TEM
APpRw1:1� Pfs TO Fo�M
�a-rR1CtA" G• C A �.tS
"CONSUkIfANr
Laurie F. Markoe
Title: Senior Vice President & General Manager
Page 5 of 10
EXIT `°A"
Services to be Provided
The Services to be provided under this Agreement shall be those requested by the
City and accepted by Consultant in accordance with Paragraphs I and 2 of this
Agreement. These Services may include, among others, project management,
feasibility studies; project staffing; facility/route selection; title abstracting; survey
permission & notification; land surveys and mapping; appraisal and appraisal
review services; relocation assistance in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970; noise mitigation;
option acquisition, right-of-way acquisition; permitting; curative work; due
diligence; land damage settlement; administrative support; expert witness
testimony; bid package preparation; the preparation and input of computerized
right of way land records; computer programming; and consulting services.
Page 6 of 10
Contract Land Staff, Inc.
EXHIBIT "B"
Schedule of Labor Rates
Consulting Services
Land Consultant / Manager V
$95.00/hr.
Land Consultant / Manager IV
$85.00/hr.
Land Consultant / Manager III
$75.00/hr.
Land Consultant / Manager II
$55.00/hr.
Land Consultant / Manager I
$40.00/hr.
Clerical Services
Clerk lII $30.00/hr.
Clerk II $25.00/hr.
Clerk I $20.00/hr.
Overtime rates for clerical services in excess of forty (40) hours per week shall be
billable at 150% of clerical rates stated above.
These rates include Consultant's salary, payroll burdens, other overhead, and profit. These rates
do not include state or local gross receipt, sales, use or other forms of special business or
occupation taxes not generally levied by most states. Costs associated with such taxes will be
charged at actual costs without mark-up.
Consultant shall invoice monthly for Services performed and payment shall be due within forty-
five (45) days of receipt of invoice. In the event Consultant's invoices are not paid within forty-
five (45) days of receipt of invoice by City, a 1% finance charge shall be added monthly until the
invoice is paid in full as provided by state law.
CONSULTANT SHALL DISCOUNT LABOR RATES BY 1% ON INVOICES PAID BY
WIRE TRANSFER WITHIN TEN (10) DAYS OF RECEIPT OF INVOICE BY CITY.
Page 7 of 10
Contract Land Staff, Inc.
EXHIBIT "C"
Expense Reimbursement Procedures
REIMBURSABLE EXPENSES
All invoices for reimbursable expenses shall include an itemized listing supported by copies of
the original bills, invoices, expense accounts and other miscellaneous supporting data.
AUTOMOBILE
Automobile expenses for miles driven on the Project in conjunction with services billed hourly
shall be reimbursed to CONSULTANT at the rate of $.405 or applicable IRS allowable rate per
mile.
TRAVEL EXPENSES
If CITY requires CONSULTANT'S personnel to be away from the project area, CITY will
reimburse CONSULTANT for lodging, meals and incidental expenses (Per Diem Expenses)
when CONSULTANT'S personnel are required by CITY to be away from their primary
residence and overnight stay is required. Per Diem Expenses shall be billable as follows, at the
CONSULTANT'S option:
a) Actual cost of lodging (not to exceed $75.00 per night excluding tax) plus $25.00
per day for meals and incidental expenses, not to exceed $100.00 per day for
lodging, meals and incidental expenses. Lodging that exceeds $75.00 per night
shall require approval in advance by CITY.
b) Expenses for out of town or out of state travel to be approved by CITY prior to
expenses being incurred.
MISCELLANEOUS PROJECT RELATED EXPENSES
a) Notary fees;
b) Title Client fees;
C) Appraisal and appraisal review fees;
d) Long distance telephone charges;
e) Miscellaneous office supplies;
f) Postage and courier;
g) Copies, reproduction, duplicating and blueprinting service;
h) Recording fees;
i) Auto parking, bridge, tunnel and road tolls;
j) Aerial photography;
k) Equipment rental;
Page 8 of 10
1) Other expenses authorized by CITY in the performance of the Services to be
Provided.
MARK UP ON EXPENSES
All of the reimbursable expense items set forth in this Exhibit "C", including those set
forth in any other exhibit attached hereto shall be marked up ten percent (10%) to cover the
cost of money and handling. Labor Rates are not subject to this markup.
Page 9 of 10
EXHIBIT "D"
Insurance Coverage
Consultant shall carry the following minimum insurance coverages:
(a) Workers' Compensation and Employers' Liability Insurance in accordance
with statutory requirements; provided that the minimum limits of employer's liability insurance
shall be not less than $1,000,000 for injuries to or death of one or more persons resulting from
any one accident.
(b) Commercial General Liability Insurance with limits not less than
$1,000,000 per occurrence for bodily injury and property damage combined.
(c) Comprehensive Automobile Liability Insurance, with limits of not less
than $1,000,000 per occurrence for bodily injury and property damage combined and covering
scheduled owned, hired and non -owned vehicles utilized in connection with Services performed.
(d) Excess Liability or Umbrella Insurance, with limits of not less than
$5,000,000 per each occurrence for bodily injury and property damage combined.
(e) Professional Liability Insurance, with limits of not less than $1,000,000
per each claim for bodily injury and property damage combined.
Consultant shall submit to City upon request certificates evidencing coverages of the types and
limits set forth above and provide that no cancellation or material changes in the policies become
effective except on thirty (30) days' written notice to City.
Page 10 of 10
CONTRACT LAND STAFF, LP
10701 Corporate Dr. • Suite 215 • Stafford, TX 77477
December 26, 2006
Mr. Jim Briggs
Assistant City Manager for Utility Operations
City of Georgetown
PO Box 409
Georgetown, TX 78627
Dear Mr. Briggs:
As of November 1, 2006, certain assets of Contract Land Staff, Inc., a Texas
Corporation, were purchased by Contract Land Staff, LP, (formerly Land Management
Solutions, LP). The controlling interest in the acquiring entities is owned by Brent
Leftwich, the owner of the controlling interest in Contract Land Staff, Inc.
This transaction took place in order to consolidate the ownership of our software
development company with our right of way service business.
The transaction will have no negative impact on our provision of services to you and
your organization and should be totally "transparent'. The main difference that you will
see is that the invoices for all services will come from Contract Land Staff, LP rather than
from Contract Land Staff, Inc. or Land Management Solutions, LP.
We hereby respectfully request that you or your representative execute the enclosed
"Consent to Assignment" and return it to us in the enclosed, self-addressed and stamped
envelope.
Our management personnel as well as our professional services personnel remain the
same, as does our commitment to quality land services to our clients.
If there are any questions, please feel free to give me a call at 281-240-3370.
Sine y,
rent Le is
President, CLS Land, Inc.
General Partner of Contract Land Staff, LP
(281) 240-3370 Corporate Office (800) 874-4519
(281) 240-5009 fax
November 1, 2006
Mr. Brent Leftwich
Contract Land Staff, LP.
10701 Corporate Drive, Suite 215
Stafford, TX 77477
Re: Assignment of Contract dated July 26. 2005, by and between Contract Land Staff, Inc.
("Old CLS") and City of Georgetown as amended (the "Contract")
Dear Mr. Leftwich:
We have been requested to consent to an assignment of the Contract described above from Old
CLS to Contract Land Staff, LP ("New CLS"), which assignment is being made in connection
with Old CLS's sale of certain assets to New CLS. It is understood that the sale of certain assets
of Old CLS to New CLS was consummated and became effective on October 31, 2006.
Pursuant to your request, we hereby consent to the assignment by Old CLS of its rights, title and
interest in and delegation of responsibilities under the Contract to New CLS. When such
assignment is made effective, by the signature below, this consent to assignment shall serve to
release Old CLS from any and all future obligations and liabilities under the Contract and to
substitute New CLS as the party having all rights, title and interest in such Contract from the date
of such assignment forward. All unpaid fees for work done under the Contract for services
through October 31, 2006 shall be paid to Old CLS. To our knowledge, without having
undertaken any current verification thereof, all conditions under the Contract to be performed by
Old CLS as of the date hereof have been fully satisfied and performed; no default exists in the
performance or observance by Old CLS of any covenant, obligation, representation or warranty
of Old CLS in the Contract; we have no claim against Old CLS as a result of the performance by
Old CLS of its services to date under the Contract; and we have no defenses or offsets to our
obligation to pay the fees under the Contract for the performance by Old CLS of its services
through the date hereof. We understand that New CLS will be relying upon the statements
contained in this letter in consummating the sale of assets described above.
Consent to Assignment Approved:
Un
On Behalf of: City of Georeetown
Council Meeting Date: January 9, 2007 Item No. W 1
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a Professional Services
Agreement between the City of Georgetown and ElectSolve to provide
operations services for the City's Automatic Meter Reading System in the
amount of $61,200.00.
ITEM SUMMARY:
On November 30, 2006, Request for Proposal were opened and read for Annual
AMR Data Systems Support proposal #27008. City staff has evaluated the
proposal and determined that the RFP should be awarded to ElectSolve as
they conformed to all the specifications contained in the AMR Data Systems
RFP. This contract is for a term of one year from the effective date and
shall be renewable for up to four terms, upon the mutual written consent of
the parties. ElectSolve has been satisfactorily performing these services
for the City since 2002.
SPECIAL CONSIDERATI
NONE
?INANCIAL IMPACT:
Funds in the amount of $61,200.00 will be taken from the AMR operations
account number 610 -115 -5303 -AM.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the
December 19, 2006 GUS Board meeting.
STAFF RECOMMENDATION:
COMMENTS:
ATTACHMENTS:
Contract agreement between the City of Georgetown and Electsolve.
>ubmitted .
Energy Services Manager
J ma
A ista ty Manager
for Utility Operations
THE STATE OF TEXAS } PROFESSIONAL SERVICES AGREEMENT
COUNTY OF WILLIAMSON } WITH ELECTSOLVE TECHNOLOGY
CITY OF GEORGETOWN } SOLUTIONS AND SERVICES, INC.
AUTOMATIC METER READING SYSTEM
This professional services agreement, including all exhibits attached hereto and
incorporated herein by reference (the "Agreement"), is entered into as of this 9th day of
January, 2007 (the "Effective Date"), by and between ElectSolve Technology Solutions and
Services, Inc., a Louisiana corporation ('ElectSolve"), and the City of Georgetown, a Texas
home -rule municipal corporation ("City") (each a "Party" and, collectively, the "Parties").
WHEREAS, the City desires to employ ElectSolve to provide operations services for the
City's Automatic Meter Reading System ("AMR Operation Services"); and
WHEREAS, ElectSolve desires to provide AMR Operation Services to the City; and
WHEREAS, the Parties hereby agree as follows:
TERM, SERVICES AND PAYMENT
1.1 TERM. This Agreement shall be in effect for a term of one (1) year from the Effective
Date (the "Term") and shall be renewable for up to four (4) terms, upon the mutual written
consent of the parties.
1.2 AMR OPERATION SERVICES. ElectSolve shall provide AMR Operation Services as
requested by City pursuant to this Agreement and in accordance with the requirements, if any, of
the applicable state regulatory authority. The specific AMR Operation Services to be provided by
ElectSolve are set forth in Exhibit A, attached hereto. No work shall commence under this
Agreement unless and until the City delivers a written purchase order to ElectSolve.
1.3 CITY RESPONSIBILITIES. City agrees to obtain and maintain the necessary AMR
System Vendor license and technical support agreements required to operate the system at the
sole cost to the City. City agrees to provide working space for ElectSolve personnel. City agrees
to make personnel available for training such that all system training can be accomplished within
ninety (90) days of the Effective Date.
1.4 AMR OPERATION SERVICE INFORMATION. City agrees to provide ElectSolve,
via facsimile, electronic mail, Internet, or other means as the Parties may approve, the following
information:
Post weekly USC3DNF file;
Post weekly IMP file,
Provide up-to-date Meter Reading and Billing Schedule weekly for the City's Utility
Billing Department;
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 1 of 11
• Provide documentation of meter change-outs or new installations for inclusion int
AMR system as required by the City's Utility Billing Department;
• Provide notification of new routes or route changes to the City's Utility Billing
Department; and
• Provide notification to the City's Utility Billing Department of distribution system
changes that could affect AMR system performance.
1.5 DATA OWNERSHIP. City will retain an ownership interest, and any such other
interest as is permitted or specified by federal or state law, of all data collected from the AMR
system, as well as any other information about City or its customers' business or operations
generated by the manipulation or processing of such data. Notwithstanding City's ownership of
such data, ElectSolve may provide such data to third parties only to the extent such disclosure is
necessary to perform its obligations hereunder, and with the prior written consent of City or if
City requests in writing that ElectSolve provide such data to such third party.
1.6 ADDITIONAL SERVICES. In the event City requests ElectSolve in writing to perform
services which are not provided for in this Agreement, such services shall be referred to as
"Additional Services" and shall be paid for by City in addition to the compensation for services
contemplated in this Agreement. Additional Services shall only be provided if authorized in
writing by City and ElectSolve.
1.7 TIME IS OF THE ESSENCE. The Parties agree that time is of the essence for this
Agreement. All work and services shall be completed within the time period(s) specified.
ElectSolve agrees to comply with schedules and completion dates as agreed herein or as may be
changed by amendment. In the event of a change in the Deliverables specified on Exhibit A, and
upon mutual agreement of the parties, a) ElectSolve may be entitled to delay performance of its
obligations or to additional compensation or both, where applicable, or b) City may be entitled to
escalate performance of ElectSolve's obligations or to a reduction in payment or both, where
applicable.
1.8 FEES, BILLING AND PAYMENT. City shall be billed for the services provided on a
monthly basis on one consolidated billing statement under the terms and conditions of Exhibit B
to this Agreement, which is attached hereto and incorporated herein by reference as if set forth in
full. Invoicing shall include a clear description of all services provided and related supporting
documentation, including work orders or service requests. Payment is due within thirty (30) days
of City's receipt of the invoice.
1_ftM0496F-7:110IZK11W)IIl[1 &I
2.1 COOPERATION. It is the express intention of the Parties hereto that the Agreement
shall comply in all material respects with the rules of the applicable state regulatory authority, as
those rules may be amended from time to time after the Effective Date of this Agreement. The
Parties recognize that various terms of this Agreement may be rendered invalid or unworkable
based upon changes in the rules of the applicable state regulatory authority. If this occurs, the
Parties will use their reasonable best efforts to amend and reform this Agreement as necessary to
comply with the rules of the applicable state regulatory authority.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 2 of 11
2.2 COUNTERPARTS. This Agreement may be executed in counterparts, each of which
shall be an original and all of which shall constitute one and the same agreement.
2.3 NOTICES. Notice as required by this contract shall be delivered in writing to the
parties at the following locations:
City:
Mike Mayben, Energy Services Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
ElectSolve:
Mark Ponder, President
ElectSolve Technology Solutions and Services, Inc.
P.O. Box 661
Shreveport, La. 71162
Phone: 318-221-2055 or 318-347-4305
E-mail: mponder(a)electsolve.com
2.4 TERMINATION. This Agreement may be terminated by either party for any reason
upon sixty (60) days written notice, delivered to the addresses identified in this Agreement. If
the City should terminate the Agreement, all work in connection with the performance of this
contract and all orders chargeable to this contract shall be discontinued immediately. ElectSolve
shall submit an invoice and the City shall pay the fees for all work actually performed under this
Agreement, less all payments that have been previously made. If ElectSolve should terminate
the Agreement within sixty (60) days of the effective date of the Agreement, ElectSolve shall
remain responsible for performing the services requested by the City until the completion of the
training period for the City's trainee.
2.5. INDEPENDENT CONTRACTOR. The Parties agree that ElectSolve shall be deemed
to be an independent contractor and not an agent or employee of the City with respect to its acts
or omissions hereunder. The Parties agree that the services and activities performed under this
Agreement are not and shall not be construed as a joint venture between the Parties.
2.6. SAFETY. The work to be performed under this contract shall be performed entirely at
ElectSolve's risk. ElectSolve shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work to be performed under this
contract. ElectSolve shall take all reasonable precautions for the safety of and shall provide all
reasonable protection to prevent damage, injury, or loss to employees, the work, or the property
affected by this contract. All damage or loss to any property caused in whole or in part by
ElectSolve, any subcontractor, or anyone directly or indirectly employed by any of them shall be
remedied by ElectSolve.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 3 of I 1
2.7. INDEMNITY. ElectSolve agrees to and shall indemnify and hold harmless City, its
officers, agents and employees, from and against any and all claims, losses, damages, causes
of action, suits and liability of every kind, including all expenses of litigation, court costs,
and attorney's fees, for injury to or death of any person or for damage to any property,
arising out of or in connection with the work done by ElectSolve under this contract.
2.8 PERFORMANCE OF AGREEMENT. This Agreement has been made under and
shall be governed by the laws of the State of Texas. The parties agree that performance and all
matters related thereto shall be in Williamson County, Texas.
2.9 ASSIGNMENT. ElectSolve shall not assign, sublet or transfer any rights or interests in
this Agreement without the written consent of the City, which consent shall not be unreasonably
withheld. Notwithstanding anything to the contrary in this paragraph, any affiliated company,
defined as a company owned by, under ownership of, or under common ownership with
ElectSolve.
2.10 WAIVER. No waiver by either party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition. The waiver, amendment or modification of any provision of this
agreement or any right, power or remedy hereunder shall not be effective unless made in writing
and signed by the Party against whom enforcement is sought.
2.11 BINDS, HEIRS, SUCCESSORS AND ASSIGNS. The City and ElectSolve, their
partners, successors, executors, administrators, are hereby bound to the terms and conditions of
this Agreement.
2.12 RIGHTS OF REVIEW AND AUDIT. The City may review any and all of the services
performed by ElectSolve under this Agreement. The City reserves the right to audit all of
ElectSolve's billings related to the performance of this Agreement. ElectSolve agrees to retain
such records for a minimum of one (1) year following completion of this Agreement.
2.13 SEVERABILITY. In case any one or more of the provisions contained in this
Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or inability to enforce shall not affect any provision thereof, and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement.
2.14 FORCE MAJEURE. Neither the City nor ElectSolve shall be required to perform any
term, condition or covenant in this Agreement so long as such performance is delayed or
prevented by force majeure, which shall mean acts of God, civil riots, floods and any other cause
not reasonably within the control of the City or ElectSolve.
2.15 TAXES. ElectSolve shall not include Federal taxes or State of Texas limited sales excise
and use taxes in its invoices or vouchers and statement of costs. The City is exempt from
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 4 of I I
payment of such taxes and an exemption certification evidencing same will be furnished to
ElectSolve.
2.16 ENTIRE AGREEMENT. The Parties agree that this Agreement, including any exhibits
hereto and thereto, constitute the entire agreement between the Parties in connection with the
system and supersedes all prior agreements, understandings, negotiations and discussions,
whether oral or written, of the Parties.
2.17 WARRANTY. ElectSolve warrants to the City that goods and services provided will be
free from defects in material, workmanship and title. ElectSolve further warrants that the
personnel provided to train City staff and operate the AMR system will be competent to perform
all tasks required in the Scope of Services attached hereto as Exhibit A. If any failure to meet
this warranty occurs within one (1) year from the Effective Date, ElectSolve shall, upon
receiving written notice of the problem from the City, correct any such failure by re -performing
any defective service and either repairing or replacing any defective goods furnished and any
damaged equipment which damage resulted from defective service. If re -performance is not
practicable, ElectSolve shall, at its option, either furnish, without charge, services in an amount
essentially equal to those which would have been required for re -performance, or refund the
amount of the charges.
2.18 INSURANCE. ElectSolve agrees to obtain and maintain insurance with the following
minimum coverages:
General Liability: $1,000,000
Automobile Liability: $1,000,000
Workers Compensation: $500,000
A certificate of insurance shall be provided to the City upon request. ElectSolve shall provide
written notice to City of any cancellation, material change or lapse of such policies, at least thirty
(30) days prior to the effective date of said cancellation, material change or lapse.
SIGNED THIS day of January, 2007.
CITY OF GEORGETOWN, TEXAS ELECTSOLVE TECHNOLOGY
SOLUTIONS AND SERVICES, INC.
By: By: 24 f 2Z, = -
Gary Nelon, Mayor Name:
Title: rC�
ATTEST:
Sandra D. Lee, City Secretary
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 5 of 1 I
APPROVED AS TO FORM:
City Attorney
1,91 -roll tote] *Xt-"
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of
2007, by Gary Nelon, in his capacity as Mayor of the City of Georgetown, a Texas home -rule
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF LOUISIANA )
ACKNOWLEDGMENT
BOSSIER PARISH )
n Thisj'ns ent was acknowledged before ge rue on thi�day of��, 200/pby
in capacity as s ,/ck,04 for ElectSolve Technology Solutions
and Services, Inc., a Louisiana corporation, on beh f of said corporation.
N43W'LP ik,&a1gtQ-pana
Caddo; Bossier Parish, Louisi da
My Commission is For Life
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 6 of l 1
Exhibit A
Overview of Work to be Performed
ElectSolve Technology Solutions and Services, Inc.(ElectSolve) shall provide Professional Services to
support and maintain existing AMR systems and integration applications and procedures currently
implemented at the City of Georgetown. This service shall include the Base Fixed Support Agreement,
which will provide for minimum required support services to enable and assist City staff to manage and
operate the AMR data systems necessary to produce billing files to their existing CIS(Customer
Information System). Additionally, the service shall include hourly services for professional services
exceeding the coverage of the minimum Base Fixed Support Agreement to use at their convenience for
other related I/T projects and maintenance services, if approved prior to commencement of the hourly
work in writing by the City.
Deliverables
• Perform updates to the system databases using information supplied by the City of Georgetown Utility
Billing and Meter Reading Departments. — Provide daily phone and remote dial-inNPN support for AMR
data systems database updates and management. Includes 24 X 7 phone support. Support service is focused on
providing City staff guidance to insure AMR systems database elements are properly managed and maintained
and to provide direct services to perform these updates for the City as needed.
• Troubleshoot Automated Meter Reading system hardware and software failures to identify needed
repairs and replacement requirements.- Provide 24X7 remote dial -in and phone support assistance to City
staff to troubleshoot and identify necessary repairs and replacement requirements for AMR system software
failures. Service contract does not include actual repairs or replacement of failed third party software(i.e.
Oracle, SQL Server, Itron, Canon, MS Office 97, Neiman Monitoring Software, etc.). These software flaws and
failures should be covered by standard extended software warranties. ElectSolve will provide the service to
identify any problems and report to the City staff and to the appropriate software system vendor. ElectSolve will
perform minimum corrective actions not to exceed two hours per day on any given day for these types of
support incidents. ElectSolve is then available by the hour to assist the AMR system vendor to repair or replace
the failed AMR system software component which should be covered by that vendor under an extended
software warranty. ElectSolve understands that AMR system software will unfortunately at times experience
performance or functionality defects. ElectSolve did not develop these systems (Oracle, MS Office97, Itron,
Neiman Monitoring, Canon, etc) and does not have sufficient source code or understanding of the internal
operating characteristics of these systems and therefore cannot adequately plan for corrections to unforeseen
failures or problems. ElectSolve will provide minimum support for these situations under this annual support
agreement and provide for hourly services thereafter. Support does not include failures caused by or resulting
from data format changes by the City.
• Perform database management and data backups as required on a daily and weekly basis: ElectSolve
will remotely monitor and manage the database backups, tablespaces, necessary disk space, identify problems
and suggest corrective actions for any identified conditions that place reliability at stake for day to day
operations.
• Notify the City of Georgetown when the system or components have failed.- ElectSolve will provide
notification to City staff when an AMR data integration and processing system or hardware component failure
has occurred. In order to provide this service it is required that "What's Up Gold" network monitoring software
be installed and properly configured to monitor and report failures properly. The City will provide authorized
City staff contacts to report failure conditions to. ElectSolve will receive these notifications via phone, pager,
email and cell phone and will respond by calling the appropriate City party to report the failure and will begin
the appropriate corrective actions. This problem reporting service is a 24 x 7 service to the City by ElectSolve.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 7 of 11
Training — ElectSolve will provide phone and email (preferred) question and answer continued training
services to existing "trained" staff as needed during the tern of this contract. New employee training will
require hourly services to be pre -arranged and approved by City management but on-going existing City staff
training is covered in this contract. New employee training services are readily available by the hour as well as
other user training such as PC/windows and windows related desktop applications training(Excel, Word,
PowerPoint, etc). Existing staff training will be an ongoing service covered by this contract.
Directing the replacement of failed Automated Meter Reading system hardware components: ElectSolve
will provide consulting services and replacement management services for failed AMR system hardware
components. These services will be provided as on-site(12 hour per month) when deemed necessary by mutual
agreement between ElectSolve and the City of Georgetown and otherwise will be remotely provided via phone
and remote dialup. ElectSolve understands that in times of crisis that it is critical for key support staff to be on-
site, assess the failure and take the appropriate recovery steps as fast as possible. In many cases this is best done
on-site and not by phone or remote dialup service. ElectSolve will provide 6 hour response time for on-site
response when conditions exist that warrant such a response limited to 12 hours per month.
Troubleshooting and repair Automated Meter Reading system software — ElectSolve will provide
diagnostic services and limited recovery services to failed AMR system software. These recovery and repair
services will be limited to failures caused by external causes such as loss of network connectivity, loss of
database connectivity, failure due to loss of external data feeds, loss of hardware service, loss of disk drives,
etc.. Troubleshooting and repair services will be limited to identification of problems, minor recovery efforts
and notification of the appropriate vendor whose system software has failed. It is worth noting that AMR
system software should be free of defects and are advertised and sold to the City of Georgetown as free of
defects. If these AMR(Canon, Itron, MVRS, etc) systems experience software failures, these failures are
expected to be covered by vendor warranties since they were advertised and sold as non -defective and
SHOULD NOT FALL UNDER THIS CONTRACT.
• Troubleshooting and repair of integration software and databases.-ElectSolve will provide full software
maintenance, monitoring, support and repair for any identified or known defects in the AMR integration
software; TUI, DNF Reporter, AMR Reporter, MVRS Translator and the integration SQL Server database and
schema. ElectSolve, under this contract, will continue to enhance, improve and incorporate City change
request(limited to 8 hours programming per month) into the existing AMR integration systems. These
enhancements and improvements will be COVERED UNDER THIS CONTRACT. ElectSolve will also
provide, free of charge, future releases of the TUI, DNF Reporter, AMR Reporter, MVRS-Translator and SQL
Server integration schemas to the City of Georgetown within this contract.
• Installing Automated Meter Reading software upgrades purchased by the City of Georgetown.-
ElectSolve
eorgetown:ElectSolve will provide software consulting and installation services for installation of software patches and
new releases of existing Automated Meter Reading software. These services will be limited to 12 hours per
month or 24 hours every two months combined. No more than 2 months on-site services can be combined
during each quarter. ElectSolve will also provide consulting services by the hour in 2 hour increments to advice
the City on new software purchases. The on-site 12 hours per month service can be used for pure consulting
services if the City request this prior to our site visit each month. It is noted though that it is CRITICAL that
ON-SITE maintenance and system management be incorporated into the contract. ElectSolve does not feel it is
possible to operate and manage a system as diverse as the City of Georgetown's without on-site services at least
once per month to maintain and continue to improve operational efficiencies, which is the very essence and
purpose of AMR. Any proposal that does not provide this aspect of service, we feel, will fall short of providing
adequate support coverage for the City of Georgetown.
• Provide Off -Site Server Hosting — ElectSolve will provide space in its' server racks to store off-line non-
production computer equipment for the City of Georgetown to support Disaster Recovery and Software
Development and Testing. Space will be limited to 1/3 of an 84" computer 4 -post cabinet.
• Response Time — ElectSolve will have a representative available 24 x 7 to respond to incidents covered within
this contract. ElectSolve will provide one on-site next day technical support visit per month within this contract.
Incidents requiring on-site visits beyond this will required pre -approval of hourly services with a 6 hour
minimum required. Note: Only one on-site next day incident is covered within this contract. ElectSolve will be
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 8 of I I
on-site a minimum of 12 hours per month to perform the services agreed to in this contract including this one
on-site incident. ElectSolve will schedule one full day on-site on or close to the last working day of the month
or a day mutually agreed to by City staff and ElectSolve. IF an incident has required on-site response prior to
this scheduled one day on-site visit then this second visit will be skipped until the following month. ElectSolve
makes available all its' staff for all necessary professional services activities as needed by City beyond the
scope of this contract. Service rates are identified within this contract along with hourly minimums to provide
City all the necessary resources it might need to properly conduct its' day to day operations. ElectSolve only
ask that City staff schedule the use of hourly resources as far in advance as possible so it can properly schedule
their time.
Deliverable Milestones
Component
Hrs/Month
Price
Total
ElectSolve 24 x 7 phone support
Unlimited
$125 / HR
Included
Included
ElectSolve Professional Support Services and Basic
Up to 20
$125 / HR
Systems Maintenance
TUI, DNF Reporter, AMR Reporter, MVRS-
Included
Translator, Integration database continuous
Up to 20
$125 / HR
enhancements, on site consulting and future releases
free of charge.
Included
ElectSolve on-site support services (min 1112day)
12
$125/HR
Work Plan Management
ElectSolve Technology Solutions and Services, Inc. and the City of Georgetown, Texas shall closely
monitor all support and maintenance services. Progress reviews each month by phone or email shall be
used to ensure that schedule risk is minimized and altemate paths and/or solutions are available if needed.
ElectSolve is responsible for developing and maintaining, with input from City of Georgetown, Texas, all
related scheduling detail. Maintenance and support status shall be presented periodically by ElectSolve at
the pre -determined progress review meetings. Review meetings will be facilitated via electronic means:
Internet review, email, conference calls and visits to the City of Georgetown, Texas as deemed necessary.
Completion and Acceptance Criteria
The City shall periodically review and approve the Services and Support Plan provided by the ElectSolve project
lead. City comments shall be provided no later than five (5) business days after the Services and Support Plan is
submitted for review.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 9 of I I
Miscellaneous Terms & Conditions
Assumptions. City shall be responsible for establishing the physical and network security requirements and
approving the overall configuration associated with all solution(s) and services that ElectSolve will provide.
Location of Work. ElectSolve shall perform the work at City facilities or from ElectSolve's facilities by remote
network access. ElectSolve will perform any design, system development and testing at ElectSolve facilities. Where
possible, ElectSolve will utilize the existing development tools and resources; primarily work stations and network
infrastructure to reduce overall cost of on-site support and services.
Code and Documentation. ElectSolve shall assist the City with all documents, test applications, configuration
information and custom source code management required to operate and modify the production system.
Collaborative Materials. ElectSolve shall provide the City with all collaborative materials, which are accumulated
or developed during the course of providing services and support.
Cooperation. ElectSolve shall provide 24 x 7 phone support for the duration of the support and services contract.
ElectSolve shall make every effort to provide the City with prompt responses to all inquiries and support calls. The
City shall make every effort to answer questions with internal personnel properly trained on the AMR systems prior
to utilizing telephone support.
Knowledge Transfer Sessions. When necessary or requested, ElectSolve will work collaboratively with the City
personnel to maintain an effective knowledge transfer effort. Furthermore, in order to ensure an efficient and
effective hand off, ElectSolve shall make itself available for knowledge transfer sessions with the City personnel at
the conclusion of the services contract. A total of two (2) sessions of four (4) hours in length, on the same day if
possible, shall be conducted while ElectSolve is on your facilities during the last month of the support and service
contract. Additional training and support is contractually available upon request after the conclusion of the support
and services contract.
Deployment Plans. At the City's request, ElectSolve shall support the development and or modification of the
support plan for the City as long as the overall hours do not exceed those identified in this proposal.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 10 of 11
Exhibit B
Total Cost of This Professional Services Agreement
2.1a Solution
Price/Month
Price/Year
ElectSolve annual AMR data integration systems software and
hardware support and maintenance service agreement. January
1, 2007 through December 31, 2011.
Includes: AMR network support, AMR hardware support, Oracle
database maintenance and support, SQL Server database
maintenance and support, support and continuous enhancements
to: TUI, DNF Reporter, AMR Reporter, MVRS-Translator and
Integration and data repository SQL database. Maintenance and
$61,200.00
backups for databases, 24 x 7phone support, 12 hours min on-
site per month, 6 hours response on-site for critical failures as
re fired Please see details within this proposal.
$5100
Additional Services
For Services rendered exceeding the "included' hours as stated above, and that have been pre -approved by
authorized City staff in writing, the following rates shall apply:
4 hours or less $125.00 per hour.
4-8 hours $95.00 per hour (average)`
840 hours $85.00 per hour (average)*
'Rates will vary according to the level of skills necessary to do the work (e.g., application developer, network
engineer, database administrator, hardware technician, etc), but all of the hourly rates shall the rates shall not exceed
the quoted averages.
AMR Operations Services Agreement
ElectSolve Technology Solutions and Services, Inc.
Page 11 of 1 I
Council Meeting Date: January 9, 2007 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action for the award of the bid for concrete, steel,
two piece steel, or laminated wood distribution poles to various bidder.
ITEM SUMMARY:
Bids were received for the purchase concrete, steel, two piece steel, or laminated
wood distribution poles of for a one-year period beginning January 10, 2007. The staff
recommendation is to award this bid to the low bidder responding for each group, as
designated on the attached bid tabulation.
These poles are stocked in the City warehouse and are used primarily for new
projects and for replacement of existing poles. Material will be ordered on an as needed
basis.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in Electric Capital Improvement and
Maintenance accounts.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the
December 19, 2006 GUS Board meeting.
COMMENTS:
NONE
ATTACHMENTS:
1. Bid Tabulation
Submitted Bv: Mike N
Energy Services Manager Assistant City Manag
for Utility Operations
CITY OF GEORGETOWN
BID TAB SHEET
BID NO. 27011 - ELECTRIC DISTRIBUTION POLES
PRICE PER POLE.
Item
lEst.Qty.1
Description
Description
NEWMARK `
LAMINATED
WOOD
NUNNIBSE
KBS
TECHLINE
GROUP "A"
MATERIALS - CONCRETE POLES
B 1
Al 1
2
lConcrete Poles, 35'
$
2,094.00
NB
$
2,243.55
NB
NB
A2
2
lConcrete Poles, 40'
$
2,348.00
NB
$
2,518.01
NB
NB
A3
2
Concrete Poles, 45'
$
2,592.00
NB
$
2,799.92
NB
NB
A4
2
Concrete Poles, 50'
$
2,781.00
NB
$
3,020.13
NB
NB
A5
2
Concrete Poles, 55'
$
2,928.00
NB
$
3,453.09
NB
NB
k-67-
2
Concrete Poles, 60'
$
3,178.00
NB
$
3,704.15
NB
NB
A7
2
Concrete Poles, 60' to hold 6,000#
$
3,978.00
NS
$
4,279.67
NB
NB
A8
2
Concrete Poles, 60' to hold 8,000#
$
4,159.00
NB
$
4,771.14
NB
NB
A 9
2
Concrete Poles, 60' to hold $10,000#
$
4,500.00
NB
$
5,823.24
NB
NB
EST. SUBTOTAL
NB
$
57,116.00
NB
$
65,225.83
NB
NB
Item
Est. Qty.1
Description
NEWMARK
LAMINATED
WOOD
NUNNIBSE
KBS `
TECHLINE
GROUP "B" MATERIALS -STEEL POLES
B 1
2
Steel Poles, 35'
NB
NB
NB
$
790.00
$
1,845.00
B 2
2
Steel Poles, 40'
NB
NB
NB
$
1,052.00
$
2,650.00
B 3
2
Steel Poles, 45'
NB
NB
NB
$
1,357.00
$
2,800.00
B 4
2
Steel Poles, 50'
NB
NB
NB
$
1,516.00
$
2,925.00
B 5
2
Steel Poles, 55'
NB
NB
NB
$
1,662.00
$
3,530.00
B 6
2
Steel Poles, 60'
NB
NB
NB
$
1,858.00
$
3,666.00
B 7
2
Steel Poles, 60' to hold 6,000#
NB
NB
NB
$
3,932.00
$
7,735.00
B 8
2
Steel Poles, 60' to hold 8,000#
NB
NB
NB
$
4,047.00
$
8,750.00
B 9
2
ISteel Poles, 60' to hold 10,000#
NB
NB
NB
$
4,472.00
$
11,981.00
EST. SUBTOTALI
NB
NB
NB
$
41,372.00
$
91,764.00
Item
lEst.aty.1
Description
NEWMARK
LAMINATED
WOOD
NUNN/BSE
KBS
KBS *
TECHLINE
GROUP "C" MATERIALS -TWO-PIECE STEEL POLES
D11
C11
Laminated Wood Poles, 35'
1 2
ITwo Piece Steel Poles, 50'
NB
NB
NB
$
1,645.00
$
3,550.00
C12
NB
1 2
ITwo Piece Steel Poles, 55'
NB
NB
NB
$
1,836.00
$
3,750.00
C3
$
1 2
jTwo Piece Steel Poles, 60'
NB
NB
NB
$
2,020.00
$
4,125.00
C
4
2
Two Piece Steel Poles, 60'to hold 6,000#
NB
NB
NB
$
3,812.00
$
6,600.00
C
5
2
Two Piece Steel Poles, 60'to hold 8,000#
NB
NB
NB
$
4,582.00
$
7,410.00
C
6
2
Two Piece Steel Poles, 60' to hold 10,000#
NB
NB
NB
$
5,0 5 0
$
,00
ES"+.
8UBTO1AL
5,294.00
NB
NB
Laminated Wood Poles, 60'to hold 8,000#
NB
$
4,367.00
70019000
Item
lEst.Qty.1
Description
NEWMARK
LAMINATED
WOOD *
NUNNIBSE
KBS
TECHLINE
GROUP "D" MATERIALS -LAMINATED WOOD POLES
D11
1 2
Laminated Wood Poles, 35'
NB
$
621.00
NB
NB
$
887.00
D12
1 2
Laminated Wood Poles, 40'
NB
$
781.00
NB
NB
$
1,115.00
D13
1 2
Laminated Wood Poles, 45'
NB
$
1,127.00
NB
NB
$
1,610.00
D14
1 2
Laminated Wood Poles, 50'
NB
$
1,312.00
NB
NB
$
1,874.00
D 5
2
Laminated Wood Poles, 55'
NB
$
1,430.00
NB
NB
$
2,043.00
D 6
2
Laminated Wood Poles, 60'
NB
$
1,625.00
NB
NB
$
2,321.00
D 7
2
Laminated Wood Poles, 60'to hold 6,000#
NB
$
3,706.00
NB
NB
$
5,294.00
D 8
2
Laminated Wood Poles, 60'to hold 8,000#
NB
$
4,367.00
NB
NB
$
5,460.00
D 9
2
Laminated Wood Poles, 60'to hold 10,000#
NB
$
4,822.00
NB
NB
$
6,030.00
EST. SUBTOTAL
NB
$
39,582.00
NB
NB
$
53,268.00
ESTIMATED TOTAL BID: $175,970.00
* Low Bid
No Bid: Priester, Mell & Nicholson
No Response:
Council Meeting Date: January 9, 2007 Item No
AGENDA ITEM COVER SHEET
B E T:
Consideration and possible action to award a contract for the construction of the Rabbit Hill
Pump Station and to establish a project budget of $1,033,694.00.
ITEM SUMMARY:
Project will replace the existing low capacity pump station with a station with capacity to serve
the southern portion of the service area with domestic service including fire flows. Bids were received
and opened on December 13, 2006 at 2:00 p.m. from 4 firms. The bids were received in the form of a
base bid with 2 alternate bid items.
The engineering firm responsible to review the bids, Camp, Dresser, and McKee (CDM), has
recommended the award of the bid to the second lowest bidder, Excel Construction Services, LLC for
$984,470.00. Staff recommends a project budget of $1,033,694.00.
SPECIAL CONSIDERATIONS:
The low bidder, Texas Corrider Construction, LLC, has been notified of the Staff and GUS
Board recommendation to award the bid to Excel Construction Services, LLC.
FINANCIAL IMPACT:
This project will be funded from the Water Capital Improvements Fund 661-101-6364-00.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the December 19,
2006 GUS Board meeting.
STAFF RECOMMENDATION:
The Staff recommends the award of the bid to Excel Construction Services, LLC for $984,470.00
with a project budget of $1,033,694.00.
NONE
ATTACHMENTS:
Letter of recommendation for Camp, Dresser, and McKee.
Bid Tabulation
Submitted by: Glenn Dishong
Water Services
Assistant City M'thag
for Utility Operations
12357-A Riata Trace Parkway, Suite 210
Austin,Texas 78727
tel: 512346-1100
fax: 512 345-1483
December 18, 2006
Mr. Tom Benz, P.E.
System Engineering Manager
Georgetown Utility System
City of Georgetown
300 Industrial Ave.
Georgetown, TX 78626
Subject: Rabbit Hill Pump Station
Recommendation of Award
Dear Mr. Benz:
On December 13, 2006, bids were received for the Rabbit Hill Pump Station (RHPS) project.
Four bids were received. Note there were two Alternate Bid Items 1 and 2 for either asphalt
or concrete pavement, respectively, along with the Total Base Bid to be considered as part of
the total contract amount to be awarded. City of Georgetown (COG) staff decided to proceed
with concrete pavement option, Alternate Bid Item 2. Considering the materials and the lack
of traffic on the pavement at the pump station, the decision was made that concrete would
provide a much longer lasting pavement. Therefore, the award of the contract would be
based on total of the Total Base Bid amount plus Alternate Bid Item No. 2 amount. See
Attachment 1 for the complete Bid Tabulation.
The four bids received with their respective Contract Award amounts, Total Base Bid plus
Alternate Bid Item No. 2, are listed below:
Texas Corridor Construction, LLC $946500.00
Excel Construction Services, LLC $984,470.00
Keystone Construction, Inc. $985,993.00
Austin Engineering Company, Inc. $1,404,423.00
The apparent low bidder for the project is Texas Corridor Construction, LLC. (TCC)
We have investigated previous work by TCC to determine if they are qualified as a
responsive bidder for the work. Michael Hallmark with COG and I met with Mickey
Goolsby, representing TCC on December 15, 2006, to receive the required information as
specified in the Instructions to Bidders, Specification Section 00100 Paragraph 3.
W:\City cr GsarpNt —Vk&bW HA Pump Stali0nW"raW0nd0 reWaEgt Hill PS Rec of Awatd-Final. oac
consulting -engineering -construction • operations
�i
Mr. Tom Benz, P.E.
December 18, 2006
Page 2
We have reviewed the information provided by TCC and have discussed this information
with COG staff. This project is a critical project to the City of Georgetown with a fairly tight
schedule that must be substantially complete by Summer 2007.
CDM has the following concerns about TCC:
■ TCC does not show adequate experience for this project. TCC is a new company started
in April 2006 with little experience. TCC's only listed experience is for Temple College,
as Brick and Plaster Construction and ADA Sidewalk and Ramps for $125,500 and
$20,000, respectively. While TCC did receive a good reference for this work, they are still
unable to show adequate experience for the RHPS project. As per Specification Section
00100, Paragraph 3, Sub -paragraph (1); the bidder must be able to demonstrate
experience of similar type, size, and complexity successfully completed in the past five
years.
TCC does not have current personnel competent to perform this work. Specification
section 00100 Paragraph 3. (k) states that the bidder must be able to demonstrate
competent personnel that are current employees that can perform this work. TCC haE
provided resumes for superintendents that they are considering hiring if they get this
project. TCC is unable to specifically indicate who will be the superintendent for this
project.
TCC's bid appears to be somewhat unbalanced. When comparing the value of the work
for Base Bid Item No. 3, Site Clearing, etc. from all bidders; TCC is much higher than the
other three bidders for this bid item. See Attachment 2 for a comparison of the bids. The
TCC amount is high for the work associated with this bid item. Per Specification Section
00100 Paragraph 16.1; the Owner may consider unbalanced bids in the Award of a
Contract.
Based on these concerns and considering that this project is time sensitive and critical to COG,
CDM is recommending not awarding to TCC.
CDM is recommending awarding this contract to the second low bidder, Excel Construction
Services, LLC (Excel). Excel has successfully completed CDM designed projects for the Cities
of Cedar Park and Georgetown. Excel can demonstrate successful project experience of
similar size, complexity, and scope to the RHPS project. Excel can provide employees
competent to perform this work. We believe that Excel has the experience and the capacity to
complete the RHPS project within the time frame described in the contract. We therefore
WACIly 0 Georgelo %Rebbil Hill P.o Statbn\CorreaporWen Riibbil Hill PS Ran of Awar6Fnal.Eoo
Mr. Tom Benz, P.E.
December 18, 2006
Page 3
recommend that the Rabbit Hill Pump Station contract be awarded to Excel in the amount of
$984,470.
If you have any questions regarding this recommendation of award or the project in general,
please contact me.
Sincerely,
DAVID C. BRIGGS
1%.—*
eR 86205
David C. Briggs, P.E.
Project Manager
Camp Dresser & McKee Inc.
xc: Michael Hallmark, City of Georgetown
Glenn Dishong, City of Georgetown
Ken Taylor, City of Georgetown
Allen Woelke, CDM
Dierdre O'Shea, CDM
W %City of Gaorgeto Rabbit Hill Pump Station%Correepanrlen Rabbit Hill PS Ren of AwardFinal.A
ATTACHMENT 1
City of Georgetown
Rabbit Hill Pump Station
BID TABULATION
13 -Dec -O6
2:00 PM
Bidder's Name
Texas Corridor
Excel Construction
Keystone Construction,
Austin Engineering Co.,
Construction, LLC
Services, LLC
Inc.
Inc.
Bid Security
Yes
Yes
Yes
Yes
All Addenda Acknowledged
Yes
Yes
Yes
Yes
Total Base Bid
$928,000
$949,000
$960,793
$1,264,423
Alternate Bid Item No. 1
$10,000
$29,290
$11,300
$81,850
Alternate Bid item No. 2
$18,500
$35,470
$25,200
$140,000
Total Base Bid + Alternate
Bid Item No. 1
$938,000
$978,290
$972,093
$1,346,273
Total Base Bid + Alternate
Bid Item No. 2
$946,500
$984,470
$985,993
$1,404,423
Delta ($) for Total Base Bid +
Alternate Bid Item No. 2
$0
$37,970
$39,493
$457,923
ATTACHMENT 2
City of Georgetown
Rabbit Hill Pump Station
Bid Comparison
14 -Dec -O6
Bid Item
No.
Item Description
Texas Corridor
Construction, LLC
Excel Construction
Services, LLC
Keystone
Construction, Inc.
Austin Engineering
Co., Inc.
1
Base Bid
$321,267
$348,047
$117,300
$420,000
2
Trench Safety
$3,360
$1,610
$1,120
$2,800
3
Site clearing, etc.
$40,000
$4,200
$8,400
$17,000
4
Building
$30,000
$40,250
$57,600
$75,000
5
Concrete
foundations
$60,000
$59,800
$317,000
$120,000
6
Pumps
$200,000
$212,345
$185,000
$325,000
7
Electrical
$185,000
$199,200
$192,000
$208,250
8
Topsoil,
h droseeding
$10,000
$5,175
$4,000
$18,000
9
Prime Controls
allowance
$67,200
$67,200
$67,200
$67,200
10
Cla-Val allowance
$11,173
$11,173
$11,173
$11,173
Total
Total Base Bid
$928,000
$949,000
$960,793
$1,264,423
Alt. 1
Asphalt pavement
$10,000
$29,290
$11,300
$81,850
Alt.2
Concrete
pavement
$18,500
$35,470
$25,200
$140,000
Total
Award
Total Base + Alt 2
$946,500
$984,470
$985,993
$1,404,423
Council Meeting Date: January 9, 2007 Item No. Wg
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action for the award of the annual bid for water meters and
accessories to various bidders in the amount of $303,272.90.
ITEM SUMMARY:
Bids were received for the purchase of water meters and accessories for a one-year period
beginning January 1, 2007. The staff recommendation is to award this bid to the low bidder for each
lot, as designated on the attached bid tabulation.
This equipment is stocked in the City warehouse and is used primarily for the new
installation and for replacement of existing meters and metering equipment. Material will be
ordered by the warehouse to maintain appropriate stock levels and will be charged to the using
department when used.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in Water Operations Capital and Maintenance
accounts.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the
December 19, 2006 GUS Board meeting.
COMMENTS:
NONE
ATTACHMENTS:
1. Bid Tabulation
(j
Submitted By: Glenn Dishong Jirr�gs
Water Services Manager Assistant City Manag
for Utility Operations
CITY OF GEORGETOWN
Bid 27010
Water Meters and Accessories
January 1 2007 - December 31, 2007
DESCRIPTION
ITFY STOCK Y EST OTY Precision/Sensus brand or an eauivalent eaual which is Itron comoatlble with multi -let design"
'Aouametrics 'Aauametrics
UNIT TOTAL
PRICE PRICE
1
345509
20
Precision Meters, 5/8" with AMR register for Reed switches & Itron ERTs
$43.75
$875.00
2
1
Precision Meters, 518" with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$106.50
$106.50
3
345494
12
Register for 5/8" Precision Meter - Register must be Remote Capable for Reed switches & Itron ERTs
$29.90
$358.80
4
1
ICE Register for 518" Precision Meter - Remote Capable Encoder for Itron ERTs with Itron in-line connector
$102.50
$102.50
5
345503
900
Precision Meters 314" with AMR register for Reed switches & Itron ERTs
$43.75
$39,375.00
6
200
Precision Meters 314' with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$106.50
$21,300.00
7
345502
100
Register for 3/4" Precision Meter - Register must be Remote Capable for Reed switches & Itron ERTs
$29.90
$2,990.00
8
100
ICE Register for 3/4" Precision Meter - Remote Capable Encoder for Itron ERTs with Itron in-line connector
$102.50
$10,250.00
9
345504
30
Precision Meters, 1" with AMR register for Reed switches & Itron ERTs
$101.25
$3,037.50
10
1
Precision Meters, 1' with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$178.50
$178.50
11
345501
5
Register for 1" Precision Meter - Register must be Remote Capable for Reed switches & Itron ERTs
$42.90
$214.50
12
1
ICE Register for 1" Precision Meter - Remote Capable Encoder for Itron ERTs with Itron in-line connector
$108.50
$108.50
13
345490
10
Precision Meters1 1/2" with AMR register for Reed switches & Itron ERTs
$197.70
$1,977.00
14
1
Precision Meters 1 1/2" with AMR Encoder ICE register for Itron ERTs with in-line connector
$269.20
$269.20
15
345495
30
Register for 1 1/2" Precision Meter - Register must be Remote Capable for Reed switches & Itron ERTs
$55.60
$1,668.00
16
1
ICE Register for 1 1/2" Precision Meter - Remote Capable Encoder for Itron ERTs with Itron in-line connector
$108.50
$108.50
17
345491
10
Precision 1 1/2' Meter Accessory Kit
$30.00
$300.00
18
345492
15
Precision Meters, 2" with AMR register for Reed switches & Itron ERTs
$415.80
$6,237.00
19
1
Precision Meters, 2' with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$521.80
$521.80
20
1
Register for 2" Precision Meter - Register must be Remote Capable for Reed switches & Itron ERTs
$55.60
$55.60
21
1
ICE Register for 2" Precision Meter - Remote Capable Encoder for Itron ERTs with Itron in-line connector
$108.50
$108.50
22
345493
25
Precision 2" Meter Accessory Kit
$31.20
$780.00
23
1
Sensus Com nd Meter, 3" with Encoder ICE register for Itron ERTs with Itron in-line connector
$1,648.10
$1,648.10
24
345497
2
ICE Register for Sensus 3' Cornpound Meter -Remote Capable Encoder for Itron ERTs w/Itron in-line connector
$149.50
$299.00
27
1
Sensus Compound 3" Meter Accessory Kit
$32.20
$32.20
29
345498
2
ICE Register for Sensus 4" Compound Meter -Remote Capable Encoder for Itron ERTs w/Itron in-line connector
$149.50
$299.00
32
1
Sensus Compound 4" Meter Access ICd
1$47.20
$47.20
33
345499 1
2500
Invens s Reed Switch Pan 776053050001 including installation of Reed Switch on ttron in-line connector
$48.90
$122,250.00
Itron end caps to be furnished by the bidder
34
345510
50
Water meter register ring for 3/4" register
IS5.50
$275.00
Total Estimated Annual Amount
1
$215,772.90
" Recommended Vendor
NO BID
Badger Meter, Inc.
HD Supply
NO RESPONSE
Actars, Actaris Metering System, Amco Water Meters, B20, Innovative Control Solutions
Master Meter, Metron, Mid South Supply, Municipal Waterworks Supply, Sensus,
US Metering -.'ichnology, USi Energy, Utility Plus, Water Works Sales
12/15/200627010watenneterbid
1
0
I
No Bid
Badger Meter, Inc.
No response
620, Hughes Supply, Innovative Controls, National Waterworks, Water Works Sales,
Mid South Supply, MS Techline, Municipal Waterworks Supply, US Metering and Technology,
USI Energy, Utility Plus
Bid 27004
Water Meters and Acgessories
January 1, 2007 - December 31, 2007
Actaris
Metron-Farnier
DESCRIPTION
UNIT
Unit Price
ITEM
STOCK #
EST OTY
I Lot 2 - Metron brand or an approved equivalent as determined by Water Services Mana
PRICE
PRICE
1
345515
50
2" Metron Meter or approved
equivalent, single jet with Itron compatible encoder
$835.00
$995.00
2
345516
20
3" Metron Meter ora
roved equivalent, single et with Itron compatible encoder
$1,350.00
$1,295.00
3 j
345517 1.
10
4" Metron Meter or approved
equivalent, single let with Itron compatible encoder
$1,875.00
1$2,095,00
Estimated Total Lot 2
$87,500.00
$96,600.00
No Bid
Badger Meter, Inc.
No response
620, Hughes Supply, Innovative Controls, National Waterworks, Water Works Sales,
Mid South Supply, MS Techline, Municipal Waterworks Supply, US Metering and Technology,
USI Energy, Utility Plus
.e
Council Meeting Date: January 9, 2007 Item No. X
AGENDA ITEM COVER SHEET
SUBJECT:
Second Reading Of an Ordinance amending Section 10.12.090 of the Code Of
Ordinances establishing speed limits on D.B. Wood Road from FM 2338 (Williams Drive) to
SH 29 West, Georgetown Innerloop Southeast from SH 29 East to Business 35 South
(Austin Avenue) and Wolf Ranch Parkway from Rivery Blvd. to SH 29 West.
ITEM SUMMARY:
Speeds on roadways within the City of Georgetown greater than 30 miles per
hour are adopted by Council through ordinances.
The City has recently accepted responsibility for maintenance and jurisdiction of
D.B. Wood Road and the Southeast segment of the Inner Loop. These two roadways, along
with the newly constructed Wolf Ranch Parkway, have been evaluated to determine the
appropriate speeds for purposes of enforcement and signage. The recommended speeds for
these roadways are set out in the attached proposed ordinance.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Approximately $500.00
STAFF RECOMMENDATION:
Approval of recommended speeds
COMMENTS:
None
ATTACHMENTS:
Ordinance
Submitted By: -Mark Miller, (Jim_ti%ga'
Transportation Services Xssistant Ci ange
Manager for Utility Operations
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10.12.090 OF THE
CODE OF ORDINANCES ESTABLISHING SPEED LIMITS
ON D.B. WOOD ROAD FROM FM 2338 (WILLIAMS
DRIVE) TO SH 29 WEST, GEORGETOWN INNERLOOP
SOUTHEAST FROM SH 29 EAST TO BUSINESS 35
SOUTH (AUSTIN AVENUE) AND WOLF RANCH
PARKWAY FROM RIVERY BLVD. TO SH 29 WEST;
PROVIDING A CONFLICT CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City accepted responsibility for jurisdiction and maintenance of
D. B. Wood and portions of the Georgetown Inner Loop Road System pursuant to an
August 2001 Interlocal Agreement (the "Agreement') with Williamson County (the
"County'); and
WHEREAS, construction of Wolf Ranch Parkway is complete and was opened to
the public on November 20, 2006; and
WHEREAS, the City Transportation Services Department and Police Services
Division have conducted an investigation of the existing traffic conditions on D.B. Wood
Road, Georgetown Inner Loop Southeast and Wolf Ranch Parkway using engineering
principles to determine the prima facie maximum speed limit and recommend the speed
limits be established as described herein; and
WHEREAS, the City Council deems it necessary and proper to amend Section
10.12.090 of the Code of Ordinances, to establish said speed limits as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, that:
SECTION 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and are incorporated
by reference herein and expressly made a part hereof, as if copied verbatim. The City
Council hereby finds that this ordinance implements Transportation Policy 10.00 of the
Century Plan — Policy Plan Element, which states: "Citizens and commercial goods
move safely and efficiently throughout all parts of the City"; and further finds that the
enactment of this ordinance is not inconsistent or in conflict with any other Century Plan
Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
Ordinance No.
D.B. Wood Road, Georgetown Inner Loop Southeast
Wolf Ranch Parkway Speed Zone Ordinance
Page 1 of 3
I
SECTION 2. Section 10.12.090 of the Code of Ordinances of the City of
Georgetown, Texas is hereby amended to add the following:
to Section 10.12.090(C.) 35 Mile Per Hour Zones:
Wolf Ranch Parkway (northbound and southbound). From SH 29 West to
Rivery Blvd.
to Section 10.12.090(E.) 45 Mile Per Hour Zones:
D.B. Wood Road (northbound and southbound). From FM 2338/Williams
Drive to a point 0.5 miles south of FM 2338/Williams Drive and from SH 29
West to a point 0.75 mile north of SH 29 West.
a new section entitled "55 Mile Per Hour Zones" and the following speed limit
established therein:
D.B. Wood Road (northbound and southbound). From a point 0.5 miles
south of FM 2338/Williams Drive to a point 0.75 miles north of SH 29
West.
Georgetown Inner Loop Southeast (eastbound and westbound). From a
point 0.6 miles south of SH 29 East to Business 35/Austin Avenue.
SECTION 3. This ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Georgetown, and this ordinance shall not operate to
repeal or affect any of such other ordinances, except insofar as the provisions thereof
might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any in such other ordinance or ordinances are hereby
superseded.
SECTION 4. If any provision of this ordinance or application thereof to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other
provisions, or application thereof, of this ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and
effect ten (10) days on and after publication in accordance with the provisions of the
Charter of the City of Georgetown.
Ordinance No.
D.B. Wood Road, Georgetown Inner Loop Southeast
Wolf Ranch Parkway Speed Zone Ordinance
Page 2 of 3
PASSED AND APPROVED on First Reading on the 12th day of December, 2006.
PASSED AND APPROVED on Second Reading on the 9`h day of January, 2007.
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No.
D.B. Wood Road, Georgetown Inner Loop Southeast
Wolf Ranch Parkway Speed Zone Ordinance
Page 3 of 3
CITY OF GEORGETOWN
M
Gary Nelon, Mayor
P
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Monday, January 8, 2007
The Georgetown City Council will meet on Monday, January 8, 2007 at 04:00:00 PM at
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop - Call to order at 4:00 PM
A Presentation and possible discussion regarding park projects and funding -- Kimberly Garrett, Parks &
Recreation Director and Randy Morrow, Director of Community Services
B Presentation by staff and REDFLEX representatives to provide their plan and program for the implementation of
a red light camera program -- David Morgan, Police Chief
C Discussion and possible direction to staff regarding the results of the Solid Waste Focus Group Meetings and
the potential renegotiation of the Sanitation Services Contract related to solid waste services -- Jim Briggs,
Assistant City Manager for Utilities
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
D Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
-Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
- Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS;
United States District Court, Western District of Texas
- Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas
- Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C)
(SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006. 1810 - UCR)
- Proposed Sanitary Sewer Overflow Agreement with the TCEQ.
- Discussion regarding the application of municipal zoning and development regulations to facilities owned by school districts
and other political subdivisions.
E Sec 551.072: Deliberations about Real Property
- Consideration and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on
property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the proposed Texas
Department of Transportation/Austin Avenue Maintenance Project
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2007, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/January 8, 2007
Page 1 of 1 Page
i
Council Meeting Date: Tanuary 8, 2007 Item No. E
EXECUTIVE SESSION
AGENDA ITEM COVER SHEET
Ste:
Consideration and possible action concerning the acquisition of a 0.04 acre Clear Zone
Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705
N. Austin Avenue, in connection with the proposed Texas Department of
Transportation/Austin Avenue Maintenance Project.
ITEM SUMMARY:
In June 2005, Council resolved to accept the transfer of jurisdiction and maintenance of a
portion of Business 35 ("Austin Avenue") from the Texas Department of Transportation
(TxDOT) to the City, in exchange for TxDOT's agreement to make certain improvements
thereto, subject to the City's acquisition of the property located at 705 N. Austin Ave.
owned by Threadgill Oil Co., Inc. Accordingly, Staff entered into negotiations with the
landowner of the property shortly thereafter; however, no agreement was reached for
acquisition of the whole property. On August 8, 2006, Council directed Staff to proceed
with the acquisition of an easement interest and denial of access only, as subsequently
authorized by TxDOT, and as recommended by the City's legal council, Kent A. Sick, in his
memo to Council dated August 1, 2006. Accordingly, an updated appraisal was obtained
as to the value of a "clear zone" easement and denial of access and an offer based thereon
was tendered to the landowner, Threadgill Oil Co., Inc., on December 22, 2006, subject to
Council approval. Attached is a copy of the offer letter and an excerpt from the appraisal
report. A resolution finding public convenience and necessity and authorizing acquisition
acquisition by eminent domain, if necessary, is proposed for the January 9thRegular Session
agenda, subject to Council's direction out of tonight's Executive Session.
ATTACHMENTS:
December 22, 2006 offer letter to Threadgill Oil Co., Inc.
Excerpt from December 1, 2006 Lone Star Appraisals & Realty, Inc. appraisal report
January 4, 2007 memo from Kent. A. Sick
Submitted By:
Jim Briggs, Assistant City Patricia E. Carls, Brown & Carls, LLP
Manager for Utility Operations City Attorney
Q
LAw OFFICES OF
KENT ALAN SICK
2705 BEE CAVES ROAD • SUITE 240 • AUSTIN, TEXAS 78746 • PHONE (512) 472-8022 • FAX (512) 478-1906
Mike Threadgill, President
Threadgill Oil Company, Inc.
3000 County Road 110
Burnet, Texas 78611
December 22, 2006
By regular mail w/encl. and
facsimile (511)715-8611 w/o encl.
Re: City of Georgetown's proposed acquisition of a 10' clearance easement and denial of
access from Threadgill Oil's tract located at 705 N. Austin Ave. in Georgetown
Dear Mr. Threadgill:
As you know, the City of Georgetown ("City") needs to acquire the above -referenced
easement rights from Threadgill Oil's property for purposes of public safety. To facilitate the
acquisition process, the City has commissioned and received an appraisal report from Chris
Griesbach concerning the property. I have enclosed a copy of that report for your review, along
with a plat of the proposed acquisition. The City's proposed easement is contained as an exhibit
at the end of Mr. Griesbach's report.
While Threadgill Oil will retain fee simple title to the property, after the City's proposed
acquisition access will be restricted all along the area marked "Denial of Access Zone" on the
enclosed plat. No uses will be permitted within the clear zone itself other than landscaping. As
a result, the property will no longer have the ability to have vehicles parked for fueling or any
other purpose within the clear zone area.
Mr. Griesbach has estimated compensation for this acquisition and damages to your
property of $301,000. Based on Mr. Griesbach's report, the City hereby offers to purchase from
Tbreadgill Oil the above-described easement rights for $301,000, the full compensation
recommended by the report. This offer, while contingent upon approval from the Georgetown
City Council. represents just compensation as has been determined through Mr. Griesbach's
appraisal. It is based upon the difference between the fair market value of the whole property
before the taking and the fair market value of the remainder after the taking, considering any
diminution in value of the tract.
The City is looking forward to working with you to finalize this transaction quickly on
terms that are fair to all involved, which goal the City believes Mr. Griesbach's appraisal serves
Mr. Mike Threadgill
December 22, 2006
Page 2
well. Solely for purposes of compliance with a recent change to the Texas Property Code, the
City provides the following notice:
Pursuant to Tex. Prop. Code Sec. 21.023, the City hereby advises you that should the City
acquire your property through eminent domain, (I) you or your heirs, successors, or assigns are
entitled to repurchase the propem, if the public use for which the property was acquired through
eminent domain is canceled before the 10' anniversary of the date of acquisition; and (1) the
repurchase price shall be the fair market value of the propert), at the time the public use was
canceled.
Please review the City's offer and supporting appraisal. Due to the pressing construction
schedule for revisions to Austin Avenue, the City would appreciate your response before January
15, 2006. If you are unwilling to accept this offer and you and the City cannot otherwise agree
on the compensation due, it will be necessary for the City to initiate condemnation proceedings.
In this event, the Court would appoint three disinterested landowners from Williamson County
as Special Commissioners. A hearing would be convened with not less than ten days notice to
each interested party. The Special Commissioners would hear evidence from both you and the
City and determine the compensation due you. Either you or the City, if not content with the
Commissioners' decision, would be free to object thereto and have the matter re -heard in a
judicial proceeding. Pending the final outcome of the case, the City may obtain possession of
the property to be purchased by depositing the amount of the Commissioners' Award into the
registry of the Court payable to the order of all interest holders in the tract.
It is of course the City's desire to acquire this parcel without litigation, and I look
forward to working with you. Please feel free to call me if you have any questions or desire any
follow-up information at 512-472-8022.
Sincerely yours,
A / . (Vie -
Kent A. Sick
C: Trish Carls Via facsimile (512) 472-8403 and regular mail
City Attorney w/out enclosures
City of Georgetown
106 E. 61h Street
Austin, Texas 78701
w/out enclosures
Mr. Mike Threadgill
December 22, 2006
Page 3
Terri Calhoun
City of Georgetown
300 Industrial
Georgetown, Texas 78626
w/out enclosures
Via facsimile (512) 930-3559 and regular mail
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REAL ESTATE SUMMARY APPRAISAL REPORT
PROJECT: AUSTIN AVENUE - GEORGETOWN
PROPERTY ADDRESS - 705 N Austin Avenue Georgetown Williamson County, TX
PROPERTY NAME - "Threadgill Oil Company Inc."
WCAD PARCEL # R043559
OWNER - Threadoill Oil Company Inc.
TYPE ACQUISITION - Denial of Access and Clear Zone Easement
OWNER'S ADDRESS: P. O. Box 1159 Burnet Texas 78611
TXDOT AUSTIN AVENUE
RM 2243 TO FM 2338
THREADGILL OIL COMPANY, INC.
DENIAL OF ACCESS EASEMENT & CLEAR ZONE EASEMENT
FOR ROADWAY IMPROVEMENTS
Appraisal Prepared For:
City of Georgetown
c/o Ms. Terri Glasby Calhoun
300 Industrial Avenue
Georgetown, Texas 78626
As Of:
December 1, 2006
Prepared By:
Lone Star Appraisals & Realty, Inc.
Chris P. Griesbach, MAI
State Certified General Real Estate Appraiser
LONE STAR APPRAISALS & REALTY, INC.
December 11, 2006
City of Georgetown
c/o Ms. Terri Glasby Calhoun
300 Industrial Avenue
Georgetown, Texas 78626
U.S. Highway 81 - TXDOT Improvement Project; Denial of Access Easement
and Clear Zone Easement out of the 0.27 acres and part of Lots 2, 3, 4, 5, and 6,
Block 18, North Georgetown Addition. Client: City of Georgetown, Texas; LSAR
File No. 2473c.cpg.
M
Dear Ms. Calhoun;
This appraisal has been prepared for the City of Georgetown, who est mate is the lienthe propeor the
use of the City of Georgetown and the property owner
ust
compensation for the above described easements.This report it nrua self , we have
appraisal
prepared
an appraisal of the above referenced property.
and will not rely on any findings, conclusions, data, or any material outside of this report.
The appraisal has been din
regard to the ssuest at uassoc ated wr request. t h the
have
inspected the property described above
partial taking of property for the improvements to U. S. Highway 81, also known as North
Austin Avenue. We have estimated the appropriate just compensation for the denial of
access easement and the clear zone easement.
The subject property is improved with a small gas station/convenience store. The taking
is a +/- 123 foot long Denial of Access Easement and a 1,527 square foot Clear Zone
Easement. Both easements have been drawn by an engineer on a survey of the property
dated September 29, 2006. The field notes have been included in this report. The
appraiser will be using the drawing to define the exactllo cation of the
63 feeaset long. The
Clear Zone Easement is basically ten feet wide by approximately
The purpose of the acquisition is to provide a clear zone from the roadway right of way for
safety purposes. At present the subject's gas pumps are located only four feet from the
existing right of way which is a safety hazard for motorists. iThe The
feet oncrete p ump the right of
island
actually touches the right of way and the building canopy
way. The property presently does not have any curb and thus the whole property is open
to the right of way for ingress and egress. This is also a safety hazard as cars presently
can fill up with gas while being parked on the existing right of way and they may enter onto
and off of the site at any point. The Denial of Access Easement will limit the ingress and
egress along the highway frontage to only the southwestern end of the property. The
property will still have its access to and from Spring Street at the north end of the property.
9100 MARYBANK DRIVE • AUSTIN, TEXAS 78750-3651 • (512) 331-7757 • FAX (512) 331-5454
After the taking the property will still have good access; however, the Clear Zone Easement
will prohibit the use of the two gas pumps on the west side of the pump island. The
appraiser is of the opinion that the two easements will alter the highest and best use of the
property from being a gas station and convenience store to just a convenience store. The
appraiser is of the opinion that it will no longer be feasible to sell gas on the property as the
access to the island will be limited to just the east side which will need to be left open for
traffic to flow from one side of the property to the other.
The subject fronts on North Austin Avenue which is also known as U. S. Highway 81. The
traffic counts on this roadway are very high with intense traffic congestion at peak traffic
hours. The roadway in front of the subject is currently a four lane highway with a center
turn lane. The plan is to acquire the Denial of Access Easement and the Clear Zone
Easement to improve the safety of the motorist on the highway and the customers visiting
the subject property.
The project will also include installing concrete curbs along the roadway and a raised
center median. The curbing will require the subject property to be limited to one curb cut
or driveway on Austin Avenue. The raised median will no longer allow south bound traffic
to access the subject property and traffic leaving the property onto Austin Avenue will only
be allowed to make a right hand turn to go north bound. The access to and from Spring
Street will not be modified and thus the property will have the same access it has today
onto that street. The clear zone easement will be enclosed with concrete curbing to
prevent cars from driving into the clear zone.
Based on the long term nature of the existing lease on the subject property, the appraiser
has appraised the leased fee estate of the subject property based on the existing lease in
place at the time the appraisal was prepared. However, the valuation herein is also the fee
simple estate as the appraiser is of the opinion that the contract rental rates is equal to
market rates. Thus, the fee simple estate is equal to the leased fee estate. An estimation
of the market value of the both the leased fee estate and the fee simple estate have been
employed herein as the appraiser is of the opinion that the value of the property is directly
tied to the terms of the existing long term lease in place at this time which are at or near
market.
Based upon an investigation and analysis of the data and the existing lease, the following
represents our estimate of the just compensation for the Denial of Access Easement, the
Clear Zones Easement, and any damages to the remainder as of December 1, 2006.
THREE HUNDRED ONE THOUSAND DOLLARS
($301,000)
Your attention is directed to the following pages, which contains an analysis of the subject
property in addition to information regarding the data utilized and the analysis of the
appraisers in formulating the conclusions reported herein.
If you should have any questions or need additional information, please inform us of such.
We appreciate the opportunity to be of service to you.
Respectfully submitted,
LONE STAR APPRAISALS & REALTY, INC.
Valuation Consultants
Chris P. Griesbach, MAI
Principal
State Certified (Texas)
TX -1321135-G
TABLE OF CONTENTS
itle Page
:r of Transmittal
ofContents ................................................ ......i
summary of Salient Facts and Conclusions ................................. ii
)hotographs of the Subject Property........................................iv
area Map, Neighborhood Map, Subject Plat Map, Flood Plain Map,
survey with easements, Zoning Map ....................................... viii
)ESCRIPTIONS AND ANALYSES
10
Purpose and Function of the Appraisal .................................
0
Property Rights Appraised ............................................
1
1
Definition of Leased Fee Interest ...... :...............................
1
Definition of Market Value ...........................................
2
Definition of Highest and Best Use ....................................
"Just
2
Methodology and Discussion of Compensation" ......................
Discussion of Economic Entity (Part Taken) ......... .....................
2
History of Ownership .................................................
3
3
Ad Valorem Taxes .................................................
3
Assumptions of the Appraisal .........................................
4
Area/Neighborhood Analysis .........................................
5
Whole Property Analysis ............................................
7
Improvement Analysis ..............................................
9
Highest and Best Use ..............................................
UATION METHODS
Analysis and Valuation of the Whole Property "as vacant. . .................
10
Analysis and Valuation of the Clear Zone Easement ......................
10
Analysis and Valuation of the Whole Property "as improved" ...............
10
Analysis and Valuation of the Remainder Before the Taking ...............
10
Analysis and Valuation of the Remainder After the Taking .................
10
Analysis and Valuation of the Damages ...............................
10
36
Summary of Conclusions ..............................................
CERTIFICATE AND FINAL VALUE ESTIMATES ...........................
37
Limiting Conditions and Assumptions .................................
39
47
Qualifications of the Appraiser .......................................
ADDENDA
Comparable Land Sales
Rental Comparables
Subject Lease to Tenant
Williamson County Tax Information
Landplanners Report (Carson Planners)
Easement Document
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Parcel Number: WCAD #R043559
City of Georgetown Reference:
TXDOT - RM2243 to FM 2338
Subject Property: The subject lot is a irregular shaped
commercial lot improved with a 975 square
foot gas station and convenience store.
Property Owner: Threadgill Oil Company, Inc.
Land Area Size: 0.27 acres/ 11,761 SF
Denial of Access Easement: 122.63 feet
Clear Zone Easement: 0.0351 acres / 1,527 SF
Remainder: 0.27 acres / 11,761 SF
Location/Address: East side of Austin Avenue, also known as U.
S. Highway 81, just south of Williams
Avenue, in Georgetown, Williamson County,
Texas. The physical address of the property
is 705 North Austin Avenue, Georgetown,
Texas 78626.
Effective Date of Appraisal: December 1, 2006
Property Rights Appraised Leased Fee Estate
Whole Property
Current Zoning: C-3 - Commercial District
Improvements: 975 Square Feet of Net Rentable Area
Highest and Best Use:
Small Retail Development
As Vacant:
As Improved: Gas Station/Convenience Store - Existing use
SUMMARY OF TOTAL COMPENSATION
Market Value of the Leased Fee Estate of the Whole Property ....................$ 451,440
Remainder Before the Acquisition............................................................... $ 418,270
Remainder After the Acquisition.................................................................$ 150.480
Damages to the Remainder..............................................................................$ 267,790
Plus: Just Compensation for Permanent Clear Zone Easement ..................$ 13,170
Plus: Special Compensation for Tank Removal ...........................................$ 20,000
Plus: Indicated Compensation for Denial of Access
Easement and Damages to the Remainder ................................................. $ 267.790
Total Compensation for Easements and Damages .....................................$ 300,960
RoundedTo; ..................................................................................................$ 301,000
* * * * * PRIVILEGED ATTORNEY-CLIENT MEMORANDUM
TO: City of Georgetown
Trish Carls, City Attorney
FROM: Kent A. Sick
DATE: January 4, 2007
RE: Threadgill Oil Property, clear -zone acquisition update
Last August, in executive session the Council considered and approved a course of action
for the above -referenced acquisition that involved the City's purchasing a clear -zone easement and
denial of access only from Threadgill Oil, Inc. The purpose of this memorandum is to provide you
with an update as to acquisition costs and timing, and to request formal Council approval for moving
ahead with condemnation in the event the City and Threadgill Oil cannot come to a negotiated
settlement.
Compensation offer. In my August 1, 2006 memorandum to you explaining the City's
acquisition options, based on then -available information I estimated that gross compensation to the
landowner would be between $294,300 and $478,212, based upon a number of variables. The City
has now received Chris Greisbach's appraisal, and he recommends $301,000 in compensation.
Timing issues. The staff has advised me that this parcel needs to be acquired prior to March
1, 2007, to meet TxDOT's construction preferences for Austin Avenue. To meet that deadline, an
offer in the amount of Greisbach's appraisal (along with the appraisal itself) was extended to
Threadgill Oil on December 22, subject to Council approval. The offer gave Mr. Threadgill until
January 15 to respond. As a practical matter, in order to ensure that the City has possession of the
easement by March 1 we will need to initiate suit soon after the January 15 deadline in the absence
of agreement.
4-
It is therefore my recommendation that the Council approve the proposed resolution finding
public convenience and necessity which is on tonight's agenda to enable timely filing of suit. I will
attempt to speak with Mr. Threadgill in advance of the meeting and update you if possible on his
thoughts concerning the City's offer.
I look forward to addressing this matter with you Monday evening. Please let me know if
you desire any additional information before that time.
-2-
•
1
Council Meeting Date: January 8, 2007
WORKSHOP ITEM COVER SHEET
Item No. L'.
SUBJECT:
Workshop Item for discussion and possible direction to Staff
regarding the results of the Solid Waste Focus Groups meetings and
the potential re -negotiation of the Sanitation Services Contract
related to Solid Waste Services.
ITEM SUMMARY:
Staff has concluded the series of meetings related to the Focus
Groups on Solid Waste Services. A PowerPoint Presentation will be
presented providing the highlights and recommendations from these
meetings to the City Council. As a result of these meetings, Staff
will be presenting the group results recommending changes to the
current contract for services, changes in total cost/rates,
broadening services provided, increased communications to customers
and requesting authorization to proceed with negotiations with TDS
and returning on a specified date with a new contract agreement.
City Council may expect several citizen participants involved in
the group meetings to be in attendance available for questions, if
desired. Staff supports the renegotiation of the current TDS
contract.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None. This will be as a part of the Contract.
GUS BOARD RECOMMENDATION:
GUS Advisory reviewed the same report in December and was
unanimous in support of moving forward with
renegotiations of the current contract.
tted By:
stajtiC�`�y Manager
Uti tie
City of Georgetown
Sanitation Services Plan Update
Council Workshop
January 8, 2007
,n uu
G EORG ETOW
Sanitation Services Plan Update
■ Follow up from September 25, 2006 Council
workshop
■ ASK THE CUSTOMERS WHAT THEY WANT
❑ Focus group meetings held
❑ Document Information
❑ Results
■ Conclusions
■ Next steps
FOCUS GROUPS
Staff held 7 Focus Group meetings:
❑ Neighborhood groups including:
■ Sun City, River Ridge, Churchill Farms, Heart of
Georgetown, River Hills and others.
❑ Small Commercial
■ Special meeting with businesses on the Square
• Businesses such as R/O zoned business
CI Builders
■ Primarily residential contractors/service providers
0. Large -Commercial
I
FOCUS GROUPS to determine:
❑ Quality/Competency of existing service
■ Knowledge of existing services
■ New services desired by customers
❑ Cost benefit
■ Are we paying to much?
■ How much is "too" much?
■ Costs of new services
❑ Attitudes toward conservation & recyding
Questions asked:
❑ How did they feel about their existing
solid waste services?
■ What about the volume of waste created?
❑ Cost issues.... How much is "too much" to
pay?
■ Cost verses services
❑ How important is bulky waste pickup?
• Did they know about all the services
currently offered?
Recycling
❑ How important is conservation?
■ Develop ideas to promote conservation?
❑ Who utilizes recycling?
■ Do you want more types of products to by
recycled?
❑ Do you use the collection station?
2
FOCUS GROUPS - Residential Results:
❑ High level of satisfaction
■ NO REDUCTION IN QUALITY OF SERVICES
O Didn't need "19 bags" trash
■ Cart + 5-6 bags reasonable
❑ Customers unaware of available services
■ Example: availability of Gardenville products
❑ Need additional services
■ Increased options for cart sizes
■ Easier to -move r c, Iipg bin
FOCUS GROUPS - Residential Results:
❑ Manage yard waste more efficiently
■ City offer biodegradable lawn bags
❑ Provide bulky waste program
■ "Special service rate"
■ Don't roll into existing rate
❑ Willing to pay added fee for storm
cleanup when needed
❑ Provide information about services on
FOCUS GROUPS —Small/Large
Commercial:
❑ Satisfied with overall service
❑ Rates comparable to other locations
■ With area and out of state
❑ Commercial recycling is needed
■ Willing to pay cost of service
■ Cardboard most mentioned
■ Styrofoam and pallets also discussed
FOCUS GROUPS -Small/Large
Commercial:
❑ Roll off containers for builders no longer
an issue
❑ Utilize common dumpsters on the Square
■ Develop options for sidewalk containers on
Square
O Enforce illegal dumping
■ Seems to be a general concern
■ Increase communication for drop off
locations
CONCLUSIONS:
❑ Community supports City contracted
service provider
❑ Increase educational opportunities
■ Educate about services offered
■ Notification of changes in routes
■ Develop Solid Waste website/utility
❑ Offer expanded cart options
❑ Expand recycling opportunities
■ Develop commercial recycling plan
CONCLUSIONS:
❑ Added charges for additional services
should be separated on the bill
❑ Include a "fuel surcharge" when
appropriate rather than general rate
change
❑ Take a PROACTIVE approach to
managing service
4
Next Steps:
❑ Council provide direction in
negotiating new TDS contract
■ Service level changes
❑ Based on Focus Group recommendations
■ Include bulky waste program
■ Ensure rates cover cost of service
provided
■ Clarify contractor/City relationship
■ Continue Collection Station Operations
Questions?
Thank you!