HomeMy WebLinkAboutAgenda CC 07.11.1995NOTICE OF MEETING OF THE GOVERNING BODY
OF THE CITY OF GEORGETOWN, TEXAS
TUESDAY, July 11, 1995
The City Council of the City of Georgetown, Texas, will meet on Tuesday, July 11, 1995, at 5:30 p.m. in
the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown,
Texas. If you need accommodations for any type of disability, please advise in advance.
Detailed explanatory information on the items listed below is compiled in an agenda packet which is
distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public
Library, for the use of interested citizens.
Workshop --Call to order 5:30 p.m. at the Council Chambers
A Review recommendations from the Parks and Recreation Board concerning Blue Hole Park and
Phase II of the Hike/Bike Trail/Randy Morrow
Regular Session - (To convene Executive Session) Will begin no earrier than 6:30 p.m.
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.
B Sec. 551.071 consultation with attorney
C Sec. 551.072 deliberation on real property
D Sec.551.075 conference with employee
Regular Session - Will begin no earlier than 7:00 p.m.
E Appointment of Assistant Municipal Judge/Leo Wood
F Other action on Executive Session items
Public Hearing
G Discussion of the 1995 Community Development Grant Program
Consent Agenda
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.
H Consider approval of meeting minutes --Regular Meeting of June 27, 1995/Sandra Lee
City Council Agenda/July 11, 1995
Page 1 of 3 Pages
Consider approval of Americans With Disabilities Activities Report: Self Evaluation and Transition
Plan/Elizabeth Gray
J Consider approval of transfer of pledge of lease of Aircraft Systems & Manufacturing, Inc. to Bank
One Texas, N.A./Marianne Banks
K Consider approval of payment of an amount not to exceed $7050 from Council Contingency for
Habitat for Humanity home/Elizabeth Gray
L Consider approval of an amendment to the contract between the City of Georgetown and Roming-
Parker Associates, related to the review of construction plans for Sun City - Georgetown/Jim Briggs
M Consider approval of a correction to Agenda Item "J" from the June 27, 1995 Agenda, approving
an additional $3000 to the contract amount for professional services from Camp, Dresser & McKee,
concerning site selection and permitting for the proposed wastewater treatment plant/Jim Briggs
N Consider an award of bid for office supplies to Corporate Express in the estimated amount of
$24,241.00/Susan Morgan and Terry Jones
O Consider authorization for Mayor to execute a contract with The Institute for Finance and Economic
Development for grant administration in connection with Reedholm InstrumentsBob Hart
P Consider approval of a Revised Escrow Agreement to change escrow agent for 1995 Series Revenue
Bonds issued in May, 1995/Susan Morgan
Regular Agenda
Council will individually consider and possibly take action on any or all of the following items: (Council
may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a
councilmember, or the City Manager.)
Q Citizens wishing to address the Council
R Mayor, Council, City Manager, and staff comments and reports
S Second reading of an ordinance to rezone 1.279 acres in the Clement Stubblefield Survey from RS,
Residential Single Family to C-1, LocalCommercial/Ed Barry and Hildy Kingma
T First reading of an ordinance providing for the annexation into the City of: approximately 354 acres
located south of Westinghouse Road (CR111) and east of the existing City limit boundary and the
Pottery and More property/Ed Barry and Clyde von Rosenberg
q'5-�D U Emergency reading of an ordinance to adopt traffic control regulations and designate one-way traffic
in and around Blue Hole Park/Marianne Landers Banks
City Council Agenda/July 11, 1995
Page 2 of 3 Pages
V Emergency reading of an ordinance to establish "no parking" areas in and around Blue Hold
Park/Marianne Landers Banks
W Review attendance of board and commission members and take appropriate action, including
removal of members not meeting minimum attendance requirement and/or appointment of a
committee to meet with the board and commission members not meeting minimum attendance
requirements/Bob Hart
X Review of projects and timetables as a result of the Development Agreement providing for Sun
City-Georgetown/Bob Hart
Y Final comments and evaluation of meeting process
Adjournment
CERTIFICATE OF POSTING
I, , City Secretary of the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted on the day of , 1995, at a.m./p.m.
Council meeting date: July 11. 1995
Item no.
AGENDA ITEM COVER SHEET
SUBJECT
Workshop related to recommendations from the Parks and Recreation Board concerning Blue
Hole Park and Phase II of the Hike/Bike Trail.
ITEM SUMMARY
The Parks and Recreation Board met on June 15, 1995, for the monthly Parks and Recreation
Board meeting. One of the issues discussed was recommendations concerning parking at Blue
Hole Park. After lengthy discussion the board came up with six recommendations to present to
Mayor and City Council.
Recommendations:
(1) To expand the narrow area at the east end of the park to allow both a one way
road and the 10 foot bike/pedestrian path to be built side -by -side.
(2) To allow one way east to west traffic through the park This requires traffic to
enter from Rock Street and exit via the existing road through the cemetery.
(3) To create a drop off area and a few handicapped parking places near the main
swimming area.
(4) To create the proposed parking lot on Rock Street. This would provide the major
parking for the park, eliminating any need for parking on Scenic Drive.
(5) To enforce a 10 mph speed limit and to construct speed bumps.
(6) To design the Rock Street parking lot and the road entrance to the park so that
police or park staff will be able to close the road at any time for special events or
for safety reasons.
SPECIAL CONSIDERATIONS
None
FINANCIAL IMPACT
$500,000.00 grant from Texas Parks and Wildlife and $300,00.00 from city budget. Additional
land for parking was not included in this budget which cost $90,000.00.
COMMENTS
Staff is very grateful for all the time and energy spent on this issue by the Parks and Recreation
Board and neighborhood committees
ATTACHMENTS
-Letter and recommendations from Parks and Recreation Board (June 15, 1995)
-Century Plan - Parks and Recreation Function Plan Policy 5 - River Corridors Park
- Letter and recommendations from Parks and Recreation Board ( August 24, 1993)
Submitted By:
ZJ'4 ZOU471-d-_ Randy Morrow, Director of Parks and Recreation
30 June 1995
Mayor Leo Wood and the Georgetown City Council
City Council Chambers
Georgetown, TX 78626
Dear Mayor Wood and Members of City Council:
At the June 15, 1995, meeting the Georgetown Parks and Recreation Board made the
following motion that was unanimously passed:
The board recommends:
To expand the narrow area at the east end of the park to allow both a one way
road and the 10 foot bike/pedestrian path to be built side -by -side.
To allow one way east to west traffic through the park. This requires tragic to
enter from Rock Street and exit via the existing road through the cemetery.
To create a drop off area and a few handicapped parking places near the main
swimming area.
To create the proposed parking lot on Rock Street. This would provide the major
parking for the park, eliminating any need for parking on Scenic Drive.
To enforce a 10 mph speed limit and to construct speed bumps.
To design the Rock Street parking lot and the road entrance to the park so that
police or parkstaff will be able to close the road at any time for special events -or--- --
for safety reasons.
It was the opinion of staff and the board that this recommendation is an effective and
workable compromise to the many proposals that have been made concerning Blue Hole
Park. It addresses the desire of the community for through vehicular traffic while still
allowing safe pedestrian and bike traffic. While parking near the river is limited to a few
handicapped spaces, 77 parking spaces are provided only 200 yards away at Rock and
2nd streets. This parking area has multiple advantages: it can be drained into an existing
water retention pond, it is near an area that is appropriate for rest rooms, it is out of the
flood plain, it keeps traffic out of the local neighborhood, and it is sensitive to the
environment. This proposal, which the architect thinks is workable, will add some
expense to the project, but it comes very close to meeting all of the suggestions proposed
in the majority report that was made by the Blue Hole Subcommittee last year.
Parks and Recreation staff and the Board look forward to discussing this proposal with
you. If you have any questions, please do not hesitate to contact me or Randy Morrow.
Sincerely,
ze � 17�— &
Kathryn Stallard
Chair, Georgetown Parks and Recreation Board
t
GEORGETOA'N CENTURY PLAN
PARKS AND RECREATION PLAN
WORDING GROUP
Jon Hittman, Chair
Robin Hallett, Vice Chair
CITY COUNCIL
W.H. Connor, Mayor
Mike McMaster, Mayor Pro Tem.
Winfred Bonner
CITIZENS -AT -LARGE
1 Michael Barnes Harold McDonald Nelson Shipman
Ron Gahagan Johnie McQueen Kathryn Stailard
Herbert Ingarfield Gwen Morrison L. A. Youngman
Johnny Lacy
PARKS AND RECREATION BOARD
Linda Davis Roger Pena Ed Sabella
PLANNING AND ZONING COMMISSION
Steve Bamsch Robert Hoppe Susie Ramos
CONVENTION AND VISITOR'S BUREAU BOARD
Eugenia Harrell
CITY STAFF
Development Services Division
Edward J. Barry, AICP - Director
Hildy L. Kingma, AICP - Chief Planner
Joe Silva, Assistant Planner
Parks and Recreation Division
Randy L. Morrow, Director
Derek Timourian, Recreation Superintendent
Special Thanks to Ed Sabella for the contribution of the art work
contained within this document
I GEORGETOWN CENTURY PLAN I
POLICY 5: THE CITY WILL DEVELOP, IMPLEMENT, AND
MAINTAIN A PLANNED APPROACH TO THE SAN
GABRIEL RIVERS' CORRIDORS BY ESTABLISHING A
RIVER CORRIDORS PARK THAT WILL PROVIDE
BOTH LOCAL RESIDENTS AND VISITORS THE
OPPORTUNITY TO EXPERIENCE THE '
NATURAL AND HISTORICAL ASSETS WHILE
PROTECTING THE RIVERS' ECOLOGY AND
CONSIDERING THE PRIVACY OF ADJACENT
PROPERTIES.
HIGH
END Ae The City will establish a substantial public walkway/bikeway
first and more immediately between San Gabriel Park and the
Blue Hole/Imhoff dams area along at least one bank of the
South San Gabriel River, and secondly between San Gabriel
Park and the western limit of the Rivery along at least one bank
of the North San Gabriel River.
MEANS ONGOING 1
The City will maintain a natural atmosphere by utilizing the
natural landscape and foliage augmented with native and
xeriscape plantings if at all.
ONGOING 2
The City will permit only City -sanctioned businesses within the
walkway/bikeway corridor.
SHORT RANGE 1
The City will acquire the use of land sufficient to support
wheelchair -accessible walkway/bikeway (at least 10 feet wide
at its narrowest point), restrooms, quiet areas, picnic areas and
a natural buffer separating these facilities from adjacent
properties starting immediately on the segment between San
Gabriel Park and the Imhoff dams.
SHORT RANGE 2
The City will construct a flood -resistant walkway utilizing
materials that will blend with the natural landscape and foliage,
and lighted during reasonable hours to provide both safety and
security.
A-1U
�s :- =
t �-
4?
GEORGETOWN CENTURY PLAN
SHORT RANGE 3
The City will arrange for adequate parking within a reasonable
distance of the walkway taking into account the privacy of
nearby properties, and will allow only handicapped, police, and
emergency motorized vehicles within the corridor.
SHORT RANGE 4
The City will provide 'a scenic pedestrian walkway between the
walkway/bikeway and the downtown area.
SHORT RANGE 5
The City will provide lighting from Blue Hole Park to San
Gabriel Park to match the lighting on the downtown square.
END B: The City will prepare and implement a development plan for
the Blue Hole/Imhoff dams area that will maintain its natural
state while stressing the history of the area and fully utilizing
the park's natural scenic and recreational assets.
MEANS ONGOING 1
The City will ensure that. facilities at the park are accessible to
the handicapped.
ONGOING 2
The City will permit only City -sanctioned businesses within the
walkway/bikeway corridor.
SHORT RANGE 1
The City will eliminate through traffic in the Blue Hole/Imhoff
dams park by removing the road which crosses Georgetown= �1- ,,_
Cemetery, and will allow only handicapped, police, and
emergency motorized vehicles within the park.
SHORT RANGE 2
The City will re-establish the unity and integrity of Georgetown
Cemetery, emphasizing the cultural and racial diversity of
Georgetown's history.
SHORT RANGE 3
The City will develop a historical display and/or signs detailing
the area's past including that of Georgetown Cemetery.
ti-11
GEORGETO -.
LAN
ONGOING 3
The Pickett Trail. will be maintained. as a rustic element of the
River Corridors .Park.
SHORTRANGE 1
The. City will acquire the -use of land sufficient to support the
trail, a natural buffer between it and adjacent properties,
access to and from the trail.
SHORT RANGE 2
The City will construct a flood -resistant trail along with
crossover bridges and restrooms as needed, and utilize native
and drought -resistant flowers, shrubs and trees.
SHORT RANGE 3
The City will provide access paths to and from the river
corridor at intervals along its length to connect nearby parks,
neighborhoods, schools and commercial areas.
41
A-12
Council Meeting Date: August 24, 1993 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Recommendations to council regarding Blue Hole Park.
ITEM SUMMARY
The Parks and Recreation Board met on August 12, 1993 for the monthly Parks and Recreation
Board. meeting. One of the issues discussed was recommendations concerning Blue Hole Park.
-After-lengthy discussion the board came up with twelve recommendations to present to Mayor
and Council.
SPECIAL CONSIDERATIONS
None.
FINANCIAL IMPACT
Dependent upon recommendation chosen by council.
COMMENTS
Staff is very grateful for all the time and energy spent on this issue by the Parks and Recreation
Board.
ATTACHMENTS
- Letter and recommendations from Parks and Recreation Board.
Submit by:
Randy Morrow, Director of Parks and Recreation
Robin Hallett, Parks and Recreation Board Chair
August 20, 1993
bluehole.cov
CrrY OF GEORGETOWN
Founded in 1848
August 19, 1993
Mayor and City Council
City of Georgetown
P:O:--Bax 409
Georgetown, Texas 78627
RE: Blue Hole Park Issues
The Honorable Mayor and Council Members:
As you requested in your July 13th Council meeting, the Parks and Recreation Board reviewed the
following issues regarding Blue Hole Park at our regularly scheduled meeting on August 12, 1993:
1) Trash and littering.
2) Warning and safety signs in the park.
3) The question of restrooms.
4) The swimming and diving situation.
5) The general safety of those who utilize the park.
During our meeting, we heard from three citizens who addressed the Board, and read from two letters
which were sent to the Board. Director Randy Morrow also presented a staff report on Blue Hole and
the issues which have been raised. After considerable deliberation, the Board approved 10
recommendations for Blue Hole; each by unanimous vote. I am forwarding those recommendations, along
with their associated comments, for your review. -
1) Existing trash and litter procedures are adequate.
The parks staff was already doing a very good job in regard to trash and litter pickup;
however, they have taken additional steps to improve their efforts by adding a Saturday
pickup and installing hangers for the litter. barrels to reduce the chance of rusting.
2) Signs stating the City Ordinance on "Glass containers in the Parks" should be replaced.
Warning signs should also be replaced with verbiage to include DANGER SWIFT
CURRENT; DIVING PROHIBITED; and SWIM AT YOUR OWN RISK. Signs should
be welded to the existing poles.
:...............
Page - 1
2423-D Williams Drive
Georgetown, TX 78628 Parks & Recreation Division
512/869-3595
........... ....................
P. O. Box 409
Georgetown, TX 78627-0409
Fa...... .
Additional signage would improve safety in the park by noting users of potential dangers.
Utilizing the existing poles is the most economical way of addressing the problem at the
present time. Hopefully, welding the signs to the poles will reduce the persistent vandalism
being done to the signs.
3) Recommendations regarding restrooms at Blue Hole should be tabled until the Parks and
Recreation Division is notified of the outcome of the $500,000 Parks and Wildlife Grant.
It was felt that the cost of restrooms were cost prohibitive considering how near we are to
the end of the summer season and how close we are to knowing the outcome of the grant.
A short term solution recommended now could prove to be inappropriate depending on the
outcome of the grant. Once the status of the grant is known, discussions to find a good,
long term solution should take place.
4) The City should determine the ownership of the two dams and City staff should determine
• ° - if modifications can be made to close the holes in the lower dam.
If City ownership is determined, modifying the lower dam could reduce the dangers of the
swift current in this area. Care must be taken, however, to insure that the lower dam is
structurally capable of withstanding the modifications and the increased water pressure.
5) The City should contact the owners of the property across from Blue Hole and request that
they restrict diving from the cliffs.
The City is faced with serious safety questions stemming from property over which we have
no control. We would encourage the owners to try to resolve the safety issues without
destroying the natural beauty of the cliffs.
6) No lifeguards should be posted at Blue Hole at this time.
At this time, there is no precedent that we know of for having lifeguards available on a
flowing river. Questions have been raised about Barton Springs in Austin. However,
Barton Springs does not sit on a flowing river and the surrounding area can be completely
sealed off and closed when not in use. Also, the financial requirements for providing
lifeguards at Blue Hole are beyond the Parks Division budgetary resources.
7) Increased police presence should be requested for the Blue Hole area. City staff and the
Parks Board should work with the Police Department to determine the feasibility of
developing a "Park Watch" Program.
While the police have recently increased their patrols, until recommendations are
implemented which offer long-term solutions for the current problems in the parr a greater
police presence will improve safety in the area. Increased citizen involvement in all of the
parks can help by providing a constant deterrent to problems such as vandalism when the
police are unable to be in the area.
8) The City Attorney should determine the feasibility and implications of an ordinance
imposing a curfew in the parks. No curfew time is specified.
Page - 2
Closing the parks at a specified time could help reduce vandalism and other crime. The
use of a curfew could make it easier for the police to patrol the parks at night. There are
still questions however. Does a curfew infringe upon the rights of the citizens to use their
parks? Should such a curfew be implemented on a park by park basis, or system wide?
What is a reasonable time for a curfew to take effect? What are the costs associated with
instituting such a ban?
9) The Parks Board should seek public input regarding a possible ordinance banning alcohol
in the parks.
10) The City Attorney should determine the feasibility and implications of an ordinance banning
alcohol in the parks.
A ban on alcohol could make the parks more 'family oriented" and could reduce and/or
eliminate some of the safety, vandalism and crime problems which currently exist in the
parks-- particularly at Blue Hole. There are still questions however. Can laws that are
currently on the books be better enforced and resolve these problems? What are the costs
associated with instituting such a ban? Should such a ban be implemented on a park by
park basis, or system wide?
As you can see, several of the issues will require further investigation and study; however, where we have
control over the situation, we feel most of the critical questions involving the public safety have been
addressed with recommendations which offer immediate solutions.
Thank you for allowing the Board to offer our input on this complex situation. We look to working with
you as you move through the process of addressing the citizen's concerns. Please feel free to contact me
if you have any questions regarding the Board's recommendations.
Sincerely,
Robin Hallett, Chair
Parks and Recreation Board
Page - 3
Council meeting date: 7-11-95 Item No.
AGENDA ITEM COVER SHEET
SUBJECT Meeting Minutes of Regular City Council Meeting on Tuesday, June 27, 1995.
ATTACHMENTS
1. Minutes of Regular City Council Meeting of Tuesday, June 27, 1995
Sub ed By:
Sandra D. Lee, City Secretary
MINUTES OF THE MEETING OF THE GOVERNING BODY
OF THE CITY OF GEORGETOWN, TEXAS
TUESDAY, June 27, 1995
The City Council of the City of Georgetown, Texas, met in regular session on the above date with Mayor
Leo Wood presiding.
Councilmembers
Present:
Winfred Bonner
Dick Vincent
Susan Hoyt
Ferd Tonn
George Arroyos
Lee Bain
Doris Curl
Councilmembers
Absent:
None
Staff Present:
Elizabeth Gray, Acting City Manager
Marianne Banks, City Attorney
Sandra Lee, City Secretary
Jim Briggs, Director of Community Owned Utilities
Randy Morrow, Director of Parks and Recreation
Ed Barry, Director of Development Services
Susan Morgan, Director of Finance and Administration
Bill Shanklin, Fire Chief
Larry Hesser, Police Chief
Clyde von Rosenberg, Chief Planner
Hildy Kingma, Chief Planner
Kevin Stofle, Patrol Lieutenant
David Morgan, Patrol Sergeant
Fred Pitcher, Patrol Officer
Jay Carlson, City Manager Intern
Workshop
A HOME Housing Program Tour: 1303 Hart Street and 2108/2204 San Jose Street
Mayor and Council boarded a bus borrowed from Williamson Burnet Counties Opportunities
to tour some of the houses that were rehabilitated with funds from the HOME Program
grant.
Regular Session - Called to order at 7:05 p.m.
Public Hearing
B Annexation of: approximately 1,241 acres generally bordering the Stonehedge (also known as
Churchill Farms) Subdivision to the west, south and east/Ed Barry and Clyde von Rosenberg
City Council Minutes/June 27, 1995
Page 1 of 11 Pages
von Rosenberg noted that this was the second public hearing for this annexation and read the
list of services that would be provided by the City upon annexation. Wood acknowledged
that there were people with concerns regarding the annexation. He asked Gray to respond
regarding setting a meeting with property owners. Gray suggested that Hart would be
calling a meeting the following week. Wood felt a plan could be devised that would satisfy
all concerned parties.
Bain asked the status of the tract on the north side of Highway 29. Wood agreed that would
be a good discussion item for the proposed meeting. Bain said he had visited with County
Judge Doerfloer who said that the County has no plans to put a detention center on the
county -owned property near the vehicle facility on Highway 29, saying he thought there
were deed restrictions preventing the construction of a detention center. Bain suggested
obtaining a copy of the deed in order to ensure that the restrictions are there. Bain
recognized a Mr. Brady in the audience who owns a tract of land in the annexation area.
Brady questioned the procedure to follow if no agreement were reached at the meeting with
the property owners.
Wood asked Barry to respond with an example of how the issue could be resolved. Barry
explained that there are still two other meetings for the readings of the ordinances where the
public will be allowed to express their opinions.
Brady asked Barry about the annexation of the 200 foot strip several years ago, recalling that
he and several others had objected to that annexation. He asked why the hearing for the
annexation included both north and south sides of Highway 29, but when the ordinance was
passed, the property belonging to the Catholic Church was not included. Wood said he
hoped the issue would be resolved before the first ordinance reading of this proposed
annexation.
A man in the audience asked if the public would be able to speak at the future meetings
where the ordinance would be brought before the Council and if the public would be notified
as with the public hearings. Barry responded that. the Council Meeting for the first reading
will take place on July 25, 1995.
A woman in the audience asked that a map be provided at the July meeting to show the areas
to be affected by the annexation.
A man in the audience asked if the lines were changed, if the whole procedure would have
to be repeated. Barry replied that it would be necessary only if the area were expanded or
enlarged.
A man asked to have Bob Wunch, one of the developers, speak first before the property
owners outside of Churchill Farms/Stonehedge. Mr. Wunch explained that he had planned
to speak at a different time. Gerry Anderson offered to speak representing the Schneider
Farm and spoke of an incorrect statement about the size of the buffer that was requested by
City Council Minutes/June 27, 1995
Page 2 of 11 Pages
the Churchill Farms homeowners in their petition. The Churchill Farms homeowners said
they had requested a mile or two and weren't specific.
Bain asked if there had been discussions between the Churchill Farms homeowners and the
other property owners. Anderson replied that no formal meetings had occurred. Anderson
asked if Wood had directed Hart to meet with the homeowners before the annexation process
took place. Wood concurred saying the meeting has yet occurred and it might be better to
schedule it for the middle of next week in order to be able to notify all the property owners.
A woman in the audience asked how they would be notified. Barry said he would pass
around a pad of paper asking people in the audience to sign their names and addresses if they
wished to be notified.
The Public Hearing was closed at 7:34 p.m.
C ADA Self -Evaluation Transition Plan/Elizabeth Gray
The Public Hearing was begun at 7:34 p.m. Gray explained that the City had provided a
report, including a self -evaluation form which met the compliance requirements of the ADbA.
Gray recognized Christine Kettle and Jay Carlson, City Manager Interns who helped to
compile the report and plan. The plan will be presented for acceptance by the Council at the
first meeting in July.
The Public Hearing was closed at 7:37 p.m.
Consent Agenda
D Approval of meeting minutes --Regular Meeting of June 13, 1995/Sandra Lee
E Approval of a short form final plat of Pepper Subdivision, a Resubdivision of Logan Ranch, Section
11, Lot 29, located at Logan Ranch and Shell Spur Road/Ed Barry and Hildy Kingma
F Pulled. See Regular Agenda.
Bain asked why the staff was requesting that Council limit the extension to three months.
Kingma replied that it should be able to be accomplished in three months.
Bain and Hoyt asked that the item be pulled so that they could vote separately to request an
extension of three months instead of one year.
G Approval of a short form final plat of Good Luck Subdivision, a 2.0 acre tract in the Clement
Stubblefield Survey/Ed Barry and Hildy Kingma
Bain asked if the proposed intensity level for the subdivision would comply with the Century
Plan. Kingma replied that the detailed development plan had not been submitted yet.
Vincent ,asked if the installation of the waterline would disturb the cemetery behind the
City Council Minutes/June 27, 1995
Page 3 of 11 Pages
property. Kingma replied that the waterline would definitely not be installed in the
cemetery. Curl asked about the required buffering between a cemetery and commercial
zoning. Kingma said because the cemetery is outside of the City Limits, the buffering
required would probably be the most restrictive such as RS. When the site plan is submitted,
it will come under the purview of the subdivision regulations. Curl suggested that
cemeteries be listed specifically when the subdivision regulations are reviewed/revised in
two years.
H Approval of a contract for 1994-1995 Sun City Underground Electric Materials Bid/Jim Briggs
Bain asked about the timing. Briggs explained that the deadlines for power inside the
subdivision required that the bids be let at a scheduled time frame because delivery times on
some of the equipment is projected to be lengthy. Guidelines under state bidding laws have
been followed. Copies of the bid tabulations were provided on the dias for the
councilmembers, and Briggs explained the conclusions that were drawn by the engineering
consultant.
Approval of a contract for the 1994-95 labor, materials, tools, and equipment for the force main
sewer and irrigation transmission line to the Sun City -Georgetown Project%Jim Briggs
Wood pointed out that the bid had come in approximately $600,000 lower than expected.
J Pulled. See Regular Agenda.
Motion by Tonn, second by Vincent to approve the Consent Agenda with the exception of Items F and J.
Approved 7 to 0.
Regular Agenda
F Approval of a request for a one (1) year extension of final plat approval for the Final Plat of
Georgetown Church of Christ Subdivision/Ed Barry and Hildy Kingma (pulled by Tonn)
Don Bizzell explained that they were waiting on the City to connect the waterlines so they
can test the lines. Bain would like to shorten the length of time to three months since it is
expected that everything should be completed in time for a final plat in three months.
Motion by Bain, second by Hoyt for a three-month extension instead of one year. Approved
7-0.
J Approval of Amendment 919 of the contract with Camp, Dresser, McKee related to professional
services associated with permitting and site selection for the proposed wastewater treatment plant
in the amount of $42,250.00/Jim Briggs (pulled by Tonn)
Tonn thought the Council had been told there would be no expansion of wastewater
treatment for eight years. Briggs explained that this plant is a part of the Del Webb
Development of Sun City -Georgetown and was planned when the City was notified by Del
Webb of the increased build -out schedule of 9400 homes, which increased the number of
City Council Minutes/June 27, 1995
Page 4 of 11 Pages
units per year that would be needing the wastewater services. The option to build a new
plant was determined to be cost-effective when compared to expanding the current facilities.
Morgan and Briggs agreed that it is scheduled to be constructed in 1996, and would be a part
of the 1995-96 Capital Improvement Program. Briggs offered to share with the council the
breakdown of the different options in order to show that this plan is less costly.
Bain questioned whether there was a current contract with Camp, Dresser, McKee (CDM).
Briggs acknowledged that this would be an amendment to the current contract. Briggs
explained that Requests For Proposal are not common on every need for professional
services. Bain asked how it was determined which firm to use. Briggs explained that CDM
has a lot of wastewater experience with the City, and that they were capable for this project.
Briggs explained that the information provided by CDM is information required by Texas
Natural Resources Conservation Commission in order to obtain a permit. Bain stated that
he would like to see the City award this type of work to local firms if possible.
Tonn pointed out that the agenda subject of Item J asked for approval of an amount of
$42,250.00, and CDM's letter to Briggs requested $45,250.00. Briggs said there must have
been a typographical error made in typing the subject of the agenda item cover sheet.
Vincent asked how far into the future this plant would be adequate. Briggs said he thinks
the time frame is seven years, and that the plant would be constructed to be expanded when
necessary. Tonn asked about the effluent return from this plant affecting the effluent return
of the existing plant. Briggs said not adding to the existing plant's capacity would allow
more than adequate capacity in the receiving basin. Banks pointed out that because the
amount posted was $42,250, the contract can only be approved for that amount. The extra
will need to be requested at a future council meeting.
Tonn stated that he has a problem with not having been informed previously about this need
for an additional wastewater treatment plant. Briggs apologized, saying he thought the
Council would have been informed. Banks noted that it was included in the Del Webb
Development Agreement and the revenue from the wastewater charges of the units at the
development would eventually repay the expense. Motion by Tonn, second by Arroyos.
Approved 7-0.
K Citizens wishing to address the Council
There were no citizens who wished to address Council at this time.
L Mayor, Council, City Manager, and staff comments and reports
Arroyos commended Gray and everyone who worked on the HOME Program housing
rehabilitation project.
Curl reported that she had attended a Convention and Visitors' Bureau workshop on Bed and
Breakfasts. Doug Hutchinson was one of the presenters who Curl said gave an excellent
City Council Minutes/June 27, 1995
Page 5 of 11 Pages
seminar on marketing, guest amenities, and ADA configuration for bed and breakfast establishments.
Bain said he appreciated the input and correspondence he has been receiving from several
people recently and wanted to encourage them to continue to respond, especially in writing.
Wood noted that the MOKAN Expressway had passed the U.S. Senate and is expected to
pass the House of Representatives.
A man in the audience asked the route of MOKAN, Wood replied that it would be east of
town (should be east of Churchill Farms), but the permanent site had not been selected yet.
• Bond Rating Presentation Material/Susan Morgan
Morgan noted that she had provided on the dias the information that would be used in rating
presentations in the form of a slide show when she, Hart, Briggs, and Wood visit with the
bond companies in New York. The City currently holds an "A" rating from Moody's;
Standard and Poors gives the City an "A-;" and they will ask for an upgrade from both firms.
Arroyos asked what was the highest rating. The highest rating given is "AAA," The State
of Texas has a "AA" rating. LCRA is "A" rated. Bain asked for a dollar comparison of the
potential upgrade in the ratings. Morgan explained that when they come back to the Council
for an issue of $7 million, the difference could amount to $20-$30,000 per year for an
upgraded rate. The rating will not be issued until August when the bonds are issued. Bain
asked how long the new rating would be effective. Morgan explained that the rating would
stay the same until the next time we apply for a new rate.
M Second reading of an ordinance amending "Section 10.16.070" of the Code of Ordinances of the
City relating to fire zones/Bill Shanklin
Shanklin read the caption. Motion by Bain, second by Curl to approve Ordinance 95-25 on
second reading. Approved 7-0.
N Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) by
$1,734,200 for the purchase and operating cost of the Berry Creek Water and Wastewater
System/Susan Morgan
Morgan read the caption. Motion by Hoyt, second by Tonn to approve Ordinance 95-26 on
second reading. Approved 7 to 0.
O Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget)
for various mid year adjustments as outlined at the May 23, 1995 Mid Year Review Report to
Council/Susan Morgan
Morgan read the caption. Motion by Tonn, second by Bain to approve Ordinance 95-27 on
second reading. Approved 7 to 0.
City Council Minutes/June 27, 1995
Page 6 of 11 Pages
P Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) by
$80,799 for the addition of building inspection staff as outlined at the May 23, 1995 Mid Year
Review Report to Council/Susan Morgan
Morgan read the caption. Motion by Hoyt, second by Vincent to approve Ordinance 95-28
on second reading. Approved 7 to 0.
Recessed at 8:27 p.m.- reconvened at 8:3 8 p.m.
Wood explained that the next four items all concerned the Stonehedge Subdivision. He asked Bob Wunch,
developer, to speak.
Wunch requested a 30 day extension of all four items. Wood asked the President of the
Homeowners Association to take the podium, and also asked Dr. Starr to join him. Mr. Morrow
agreed with the extension. Morrow felt there may be a settlement soon. Starr agreed that with more
time there might be a resolution to the issue. Wood asked if any of the people who had signed up
would still like to speak. No one cared to address Council.
Approved 7-0. When asked to clarify, it was determined that those items would be placed on the Council
Agenda for Tuesday, July 25.
Q Second reading of an ordinance providing for the annexation into the City of. (1) the Stonehedge
subdivision, Sections One, Two and Three (also known as Churchill Farms); (2) a 48.51 acre tract
in the William Addison Survey owned by Stonehedge Partners; and (3) a 2.735 acre tract in the
William Addison Survey described as "Tract Five" in a Declaration of Restriction in Volume 2332,
Page 132 of the Williamson County land records/Ed Barry and Clyde von Rosenberg
This item was tabled and will be rescheduled for the Council Agenda on July 25, 1995.
R First reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A,
Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma
This item was tabled and will be rescheduled for the Council Agenda on July 25, 1995.
S First reading of an ordinance to rezone 48.511 acres and 2.735 acres in the William Addison Survey,
and Stonehedge Subdivision, Section Three, Block N. from A, Agricultural to RS, Single Family
Residential and C-1, Local Commercial or any more restrictive classification; and a request to waive
rezoning fees/Ed Barry and Hildy Kingma
This item was tabled and will be rescheduled for the Council Agenda on July 25, 1995.
T First reading of an ordinance to rezone Stonehedge Subdivision, Section Three, Block J, Lot 31
from A, Agricultural to RM-2, Dense Multifamily or any more restrictive classification; and a
request to waive rezoning fees/Ed Barry and Hildy Kingma
City Council Minutes/June 27, 1995
Page 7 of 11 Pages
This item was tabled and will be rescheduled for the Council Agenda on July 25, 1995.
U Detailed development plan of 1.279 acres in the Clement Stubblefield Survey, currently known as
Murray's Texaco., and variances to the Subdivision Regulations/Ed Barry and Hildy Kingma
Kingma explained that the existing building would be razed and replaced by a new facility.
Several variances have been requested that would treat the property as if it were surrounded
by commercial development instead of vacant land. They have also requested a variance to
allow the existing driveways to remain as they are now. The Planning and Zoning
Commission approved all variances except the maneuvering lane behind the building. There
may be other variances forthcoming regarding the detention pond and a possible filtration
pond to comply with the Texas Natural Resource Conservation Commission. The property
does not plan to connect to City wastewater due to the expense. Curl asked how a possible
spillage of gasoline would be handled. Engineer Carroll would anticipate maintaining the
current drainage process. The existing tanks are fiberglass, fairly new, and will remain. All
equipment to be installed will be in compliance.
Curl asked if the adjoining property could share access to one of the driveways, and Carroll
suggested he would take it to the property owner for consideration, but questioned the
possible shared access liability to both parties.
Bain also questioned the entrance/exit problem and asked about designating ingress or egress
at the driveways.
Motion by Tonn, second by Bonner to adopt the detailed development plan according to the
recommendations from the Planning and Zoning Commission, however the Council asked
Kingma to explain the differences between the staff and P & Z recommendations. The staff
differs in the variances for the driveways. Barry explained that a median would mitigate the
situation. Bain requested that Carroll address that issue. Carroll said because there is not
a side street to the property and because of the speed of the traffic and the size of some of
the larger vehicles and the turning radius needed, they would prefer to maintain the
undivided areas. Bain asked Carroll if signage could be used. Barry said that signage alone
would not comply with the subdivision ordinance.
Tonn revised his motion to say that the detailed development plan should be approved with
the recommendations of the Planning and Zoning Commission along with the additions
requested by Bain for designated signage as to entrance and left or right turn exit. The
motion was seconded by Bonner. Approved 7-0.
V First reading of an ordinance to rezone 1.279 acres in the Clement Stubblefield Survey from RS,
Residential Single Family to C-2A, Commercial First Height or any more restrictive classification;
and a request to waive rezoning fees/Ed Barry and Hildy Kingma
Kingma explained that this is the same piece of property as the previous item. Because the
existing building is being torn down, the zoning must be redesignated. The Planning and
City Council Minutes/June 27, 1995
Page 8 of 11 Pages
Zoning Commission recommended approval of the requested rezoning from RS, to G 2A
C-1, and to approve the requested fee waiver. Kingma read the caption.
Tonn pointed out that the Agenda and the Agenda Item Cover Sheet stated "C-2A," but
Kingma had read "C-1" when reading the caption. Kingma agreed that the requested zoning
change is to "C-L" When the Agenda Item had first been submitted for inclusion on the
Agenda, the subject read "to C-2A." That was changed to "C-1 " on the final cover sheet,
but the Agenda typist did not notice the change.
Motion by Bain, second by Vincent to approve the rezoning to C-1. Approved 7-0
W Final plats of the planned unit development of Sun City Georgetown Subdivision, Phase 1,
Neighborhoods One, Two, and Three; and consider approval of a variance to the Subdivision
Regulations/Ed Barry and Hildy Kingma
Kingma explained that these were the first three final plats from Sun City -Georgetown. A
fire station is shown in Neighborhood 1 that will not adequately serve the needs of the fire
services division. Rather than revise this plat, because of the need for a quick response, Sun
City -Georgetown will plat another lot in Neighborhood 7, adjacent to this lot and suitable
for a fire station. Variances were requested for Neighborhoods 2 and 3 for access to the
lower classification street. P & Z recommended approval upon satisfaction of the fire
services division. Motion by Bain, second by Curl to approve the final plat with the P & Z
recommendations. Approved 7-0.
X First reading of an ordinance to Rezone a 983.539 acre tract in the W. Roberts, M. Lewis, L.
Russell, A. Short, G. Thompson, W. Wilkerson and D. Monroe Surveys to be known as Sun City
Georgetown, Phase I, from A, Agricultural to RP, Residential Planned, C-1, Local Commercial and
C-2B, Commercial First Height/Ed Barry and Hildy Kingma
P & Z recommended approval of this rezoning. Kingma read the caption. Motion by
Arroyos, second by Tonn to approve this ordinance on first reading. Approved 7 to 0.
Y First reading of an ordinance to rezone a 4.747 acre tract in the Nicholas Porter Survey, to be known
as Park Meadow West, a part of Lot 4, from A, Agricultural to C-2A, Commercial Height, or any
more restrictive district, located on Dawn Drive/Ed Barry and Hildy Kingma
This part of the tract was outside the City Limits when the rezoning first came before the
Council. The owner has since requested to be annexed. Therefore, the zoning will be done
to conform to the other section of the property. Kingma read the caption.
Motion by Tonn, second by Curl to approve this ordinance on first reading. Approved 7-0.
Z First reading of an ordinance to rezone a 2.0 acre tract in the Clement Stubblefield Survey, to be
known as Good Luck Subdivision from RS, Residential Single Family to C-1, Local Commercial
City Council Minutes/June 27, 1995
Page 9 of 11 Pages
or any more restrictive classification; and a request to waive rezoning fees/Ed Barry and Hildy
Kingma
This is the rezoning of the plat for the proposed convenience store approved earlier on the
Consent Agenda. P & Z recommended approval. The second reading will be brought to
Council after the plat is recorded. Kingma read the caption. Motion by Bain, second by
Vincent to approve this ordinance on first reading. Approved 7-0.
Recessed at 9:32 p.m. - Resumed at 9:38 p.m.
AA Governance discussion regarding the designation of no parking and one-way traffic at Blue Hole
Park/Randy Morrow, Larry Hesser and David Morgan
Chief Hesser explained the need to designate "no parking" and one-way traffic at Blue Hole
Park. He emphasized a current problem of mixing vehicle and pedestrian traffic, and
introduced Sgt. David Morgan, who explained the difficulty of emergency vehicles
accessing the area and told of the problems of vehicles driving over vegetation, explaining
that the Fire Department wants to install barriers (such as the large rocks in San Gabriel Park
or wooden posts) to prevent vehicle parking on the grass. Arroyos asked if parking would
be eliminated in the entire area or just in certain parts. Morgan explained that parking would
be allowed in designated areas. Hesser pointed out that the vehicles parking on the banks
of the river are eroding the banks and denying people access to the water's edge.
Morrow spoke of the support of the Parks Board for the Police Department's plans, and said
this issue would be brought back to the Council in July to show the plan for the development
of the park.
Sgt. Morgan showed Council a video taken at the Park showing the accumulations of broken
glass and garbage.
Bonner disagreed with the plan to exit the park on the west side into the neighborhood and
requested that traffic enter from the west and exit to the east. Morrow said that issue will
be addressed in the Master Plan to be presented in July.
In order to ensure pedestrian safety as early as the July 4th weekend, the Police Department
requested that large rocks be placed along the vegetation to prevent cars from entering that
area. There is no official way to enforce the "no parking" or the "one-way" designation until
the ordinances have been posted on an agenda and adopted by the Council.
Hesser suggested reversing the one-way designation at this time as an interim action to see
how it is accepted by the citizens basis before the ordinance is adopted. Hesser suggested
signage to inform the citizens could be installed to reverse the traffic flow. Morgan
reiterated that both the Citizen's Advisory Committee and the residents in the area were
adamant about not closing the park to vehicular traffic.
City Council Minutes/June 27, 1995
Page 10 of 11 Pages
Morrow stressed that this is a temporary solution and that in July the Parks Board will
address these issues in the Master Plan. Curl asked that more trash receptacles be made
available.
Arroyos asked how the calls for service at Blue Hole relate to other areas of the City.
Morgan explained that the dynamics of the calls were completely different in other City
parks..
A woman in the audience asked Bonner to "hold off' on the change in direction of the one-
way traffic until after the Parks Board makes their presentation in July. Bonner agreed to
"hold off' at the request of these constituents.
Recessed for Executive Session at 10:18 p.m.
Executive Session
BB Sec.551.071 consultation with attorney
CC Sec.551.072 deliberation on real property
DD Sec.551.075 conference with employee
Regular Session resumed at 11:14 p.m.
EE Action on Executive Session items
Motion by Hoyt, second by Bonner to authorize the purchase of property for an undisclosed
amount as discussed in Executive Session. Approved 7-0.
Motion by Hoyt, second by Vincent to authorize the City Attorney to settle with Mr. Billy
D. Williams for $867.03. Approved 6-0. (Bain abstained)
FF Final comments and evaluation of meeting process
There were no final comments.
The meeting was adjourned at 11:15 p.m.
City Council Minutes/June 27, 1995
Page 11 of 11 Pages
Council meeting date: 7/11 /95 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Approval of Americans With Disabilities Activities Report: Self Evaluation and Transition Plan
ITEM SUMMARY
As required by the Americans with Disabilites Act (ADA), staff have conducted a self -
evaluation examining access to City employment and services by people with disabilities, all
documented in the ADA Activities Report. In addition, staff have audited each City facility, and
have compiled a transition plan spelling out the times and costs for upgrading each building to
make it accessible to the public.
Notice of a public hearing was published in the Williamson County Sun, and copies of
the proposed Activites Report were mailed to all members of the ADA Advisory Task Force.
The Council held a public hearing at their meeting of June 27, 1995. There were no citizens
desiring to speak.
Two citizens requested copies of the plan, but we have not received any comments or
requests for changes in the plan. Unless we receive comments prior to official consideration
of this item on the July 11 agenda, the final plan will look exactly like the draft submitted for the
public hearing.
SPECIAL CONSIDERATIONS
None.
FINANCIAL IMPACT
Costs to revise employment policies and procedures and institute training for all
employees have already been incurred, and were mostly in -kind. Costs to make City facilities
accessible are estimated at $128,494 total over 5 years. $20,444.50 has already been
budgeted for FY'95.
COMMENTS
None.
ATTACHMENTS
Councilmembers received a copy of the draft plan at the last meeting. Additional copies
are available for review from the City Secretary.
Submitted By:
Elizabeth Gray, Director of Management Services
Council meeting date: July 11, 1995 Item No.
V
AGENDA ITEM COVER SHEET
SUBJECT Consideration of approval of transfer of pledge of lease of Aircraft Systems &
Manufacturing, Inc., to Bank One, Texas, N.A.
ITEM SUMMARY On June 21, 1979 the City Council approved a transfer of a lease held by Bobby
G. Stanton to Serenada Tennis, Inc. On February 13, 1990, the lease was next assigned to First Texas
Development Corporation. This lease was for approximately 5 acres of property at the Georgetown
Airport, and Aircraft Systems has continued the lease to present. In 1991, the City Council authorized
Aircraft Systems, in accordance with the terms of the lease, to pledge its interest in the lease to First
Texas Development Corporation to secure a loan from First Texas. At this time, Aircraft Systems
wishes to obtain other financing from Bank One, Texas, N.A. and in that process, the pledge of the lease
would be transferred to Bank One, Texas, N.A. Due to the terms of the lease, this item requires Council
approval.
SPECIAL CONSIDERATIONS At the time of agenda preparation, the May and June lease
payments had not been made. Aircraft Systems was advised that this item would be recommended to
be tabled if the delinquent payments were not made prior to the Council meeting.
FINANCIAL IMPACT
CITY ATTORNEY
ATTACHMENTS Consent Agreement
'1'jr fitted By:
,�- Marianne Landers Banks, City Attorney
CONSENT AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS, the City of Georgetown ("City"), the owner of
Georgetown Municipal Airport, as Lessor entered into a certain
Lease Agreement (the "Lease Agreement") dated January 16, 1979"
with Bobby G. Stanton, as Lessee, the Lease Agreement being
recorded in Volume 744, pages 704-720 of the Official Records of
Williamson County, Texas; and
WHEREAS, Aircraft Systems & Manufacturing, Inc. ("Aircraft
Systems") is now the Lessee under the Lease Agreement; and
WHEREAS, in order to facilitate a loan from Bank One, Texas,
N.A. ("Bank One"), Aircraft Systems now wishes to pledge to Bank
One, a security interest in the Lease Agreement; and
WHEREAS, Aircraft Systems has requested and the City has
agreed to execute this Consent evidencing the fact that the City
has no objection to Aircraft Systems' granting a security interest
in the Lease Agreement to Bank One;
NOW, THEREFORE, the City hereby consents to Aircraft Systems'
granting a security interest in the Lease Agreement to Bank One,
Texas N.A. , as more fully set out in the Deed of Trust attached
hereto as Exhibit "A". The City furthermore agrees that in the
event that Bank One should foreclose its security interest in the
said lease, the City will recognize Bank One as the lessee under
the Lease Agreement, contingent on Bank One agreeing to assume all
of the obligations and responsibilities of the lessee, including
but not limited to the obligation to pay rent. Thereafter, if Bank
One sells its interest in the Lease Agreement to a third party, the
City agrees to release Bank One from any further obligations under
the Lease Agreement.
The City does not consent to any other assignment of the Lease
Agreement, and the City does not waive any of its rights
thereunder, including paragraph 15 thereof, except as specifically
provided herein.
This Consent Agreement does not in any way alter Aircraft
Systems' continuing obligations to the City under the Lease
Agreement.
Executed this the day of July, 1995.
City of Georgetown, Texas
By.
Leo Wood, Mayor
Attest:
City Secretary
Approved as to Form:
Marianne Landers Banks,
City Attorney
Aircraft Systems and Manufacturing, Inc.
By.
Dan McKenzie, President
Bank One, Texas, N.A.
By:
Name:
Title:
DEED OF TRUST, SECURITY AGREEMENT AND FINANCING STATEMENT
Date: July , 1995
Grantor: Aircraft Systems & Manufacturing, Inc.
Grantor's Mailing Address: 302 Toledo Trail
Georgetown, Texas 78628
Trustee: Kara Fielder
Trustee's Mailing Address: P.O. Box 368
Round Rock, Texas 78680
Beneficiary: Bank One, Texas, N.A.
Beneficiary's Mailing Address: P.O. Box 368
Round Rock, Texas 78680
Note (and any and all renewals and extensions thereof)
Date: Of even date herewith •
Amount: U.S. $428,000.00
Maker: Grantor herein
Payee: Bank One, Texas N.A.
Final Maturity Date: November 1, 2000
Property (including any improvements):
TRACT ONE:
Being all of A.S.M. SUBDIVISION, a subdivision in
Williamson County, Texas, according to the map or plat
thereof recorded in Cabinet K. Slides 1-2, Plat Records
of Williamson County, Texas and being a .050 of an acre
of land, more or less, situated in the David Wright
Survey, Abstract No. 13, in Williamson County, Texas, and
being more fully described by metes and bounds in Exhibit
"A" attached hereto.
Fi
EXHIBIT "A"
TRACT TWO: NONEXCLUSIVE ACCESS EASEMENT
Nonexclusive Access Easement in and to 0.24 of an acre of
land, more or less, situated in the David Wright Survey,
Abstract No. 13, in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "A"
attached hereto.
TRACT THREE: NONEXCLUSIVE ACCESS EASEMENT
Nonexclusive Access Easement in and to 1.11 acres of
land, more or less, situated in the David Wright Survey,
Abstract No. 13, in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "B"
attached hereof.
TRACT FOUR: SEPTIC DRAINFIELD EASEMENT
Septic Drainfield Easement in and to 0.02 of an acre of
land, more or less, situated at the David Wright Survey,
Abstract No. 13, Williamson County, Texas, and being more
fully described by metes and bounds in Exhibit "C"
attached hereto.
TRACT FIVE: LEASEHOLD ESTATE
That Leasehold Estate evidenced by that Lease Agreement
(hereinafter the "Lease Agreement") dated January 16,
1979 by and between the City of Georgetown and Bobby G.
Stanton, recorded in Volume 744, page 704 of the Deed
Records of Williamson County, Texas, and transferred to
Aircraft Systems and Manufacturing by instrument dated
April 9, 1991, recorded in Volume 2035, Page 637 of the
Official Records of Williamson County, Texas, covering
the following described properties:
Being 5.00 acres of the David Wright Survey, Abstract No.
13, in Williamson County, Texas, part of 598.69 acre
tract described in a deed to the City of Georgetown of
record in Vol. 312, Page 121, Deed Records of Williamson
County, Texas. Surveyed on the ground under the
direction of W.F. Forest, Registered Public Surveyor No.
101.
BEGINNING at an iron pin set at the Southeast corner of
a 30 foot wide utilities and access easement, .the
Southeast corner of Serenada East, Unit Two, and an ell
corner in the Northwest line of the 598.69 acre tract
stands N 29 deg. 54' 30" W 30.0 feet, N 60 deg. 09' 30"
2
E 321.52 feet, N 60 deg. 07' E 899.96 feet, and N 60 deg.
06' 30" E 444.71 feet.
THENCE S 29 deg. 54' 30" E 250.0 feet to set an iron pin
at the Northeast corner of a 30 foot wide taxi strip.
THENCE S 60 deg. 06' 45" W 802.09 feet to set an iron pin
at a bend in the North line of the taxi strip.
THENCE N 58 deg. 53' W 285.82 feet to set an iron pin in
the South line of a 30 foot wide access and utilities
easement.
THENCE N 60 deg. 06' 45" E 940.55 feet with the South
line of the easement to the POINT OF BEGINNING.
LEASEHOLD EASEMENT:
BEING the perimeter description of a 30 foot wide
utilities and access easement crossing a portion of a
598.69 acre tract in the David Wright Survey, Abstract
No. 13, in Williamson County, Texas, said 598.69 acres
being conveyed to the City•of Georgetown in Vol. 312,
Page 121, Deed of Records in Williamson County, Texas.
Surveyed on the ground in December of 1978, under the
direction of W.F. Forest, Registered Public Surveyor No.
101.
BEGINNING at an iron pin set in the South line of a 150.0
acre tract described in a deed to Bobby G. Stanton of
record in Vol. 583, Page 803, D/R, and in a Northwest
line of the said 598.69 acre tract, the Southeast corner
of Serenada East, Unit Two, and an ell corner in the
Northwest line of the 598.69 acre tract stands N 60 deg.
09' 30" E 321.52 feet, N 60 deg. 07' E 899.96 feet and N
60 deg. 06' 30" E 444.71 feet.
THENCE S 29 deg. 54' 30" E 30.0 feet to an iron pin set
at the Northeast corner on a 5.00 acre tract.
THENCE S 60 deg. 06' 45" W 940.55 feet with the North
line of the 5.00 acre tract to an iron pin set.
THENCE N 58 deg. 5 3 ' W 34.3 feet to an iron pin found at
the Southwest corner of a 7.762 acre tract surveyed -for
Bob Stanton and Serenada Tennis Inc.
3
THENCE N 60 deg. 05' 30" E 650.25 feet to an iron pin
found at the Southeast corner of the 7.762 acre tract,
and N 60 deg. 09' 30" E 306.92 feet to the POINT OF
BEGINNING.
LEASEHOLD EASEMENT:
BEING the perimeter description of a 30 foot wide taxi
strip crossing a portion of a 598.69 acre tract on the
David Wright Survey, Abstract No. 13, in Williamson
County, Texas, said 598.69 acres being conveyed to the
City of Georgetown in Vol. 312, Page 121, Deed Records of
Williamson County, Texas.
BEGINNING at an iron pin set at the Southeast corner of
5.00 acre tract surveyed this date, the Southeast corner
of Serenada East, Unit Two and an ell corner in the
Northwest line of the 598.69 acre tract stands N 29 deg.
54' 30" W 280.0 feet, N 60 deg. 09' 30" E 321.52 feet, N
60 deg. 07' E 899.96 feet, and N 60 deg. 06' 30" E 444.71
feet.
THENCE S 29 deg. 54' 30" E 30.0 feet to an iron pin.
4
THENCE S 60 deg. 06' 45" W 794.35 feet to an iron pin.
THENCE S 31 deg. 07' W 239.16 feet to a point of the East
side of the paved taxiway.
THENCE N 58 deg. 53' W 30.0 feet to an point on the East
side of the paved taxiway.
THENCE N 31 deg. 07' E 246.92 feet to an iron pin set at
the Southwest corner of a 5.00 acre tract.
THENCE N 60 deg. 06' 45" E 802.09 feet with the South
line of the 5.00 acre tract the POINT OF BEGINNING,
and any and all fixtures, of whatsoever kind and
character now or hereafter possessed, held, acquired or
owned by Grantor and used in or on Grantor's property as
described herein, together with all replacements,
accessories, additions, substitutions and accessions to
all of the foregoing.
4
Prior Lien(s) (including recording information):
(1) That vendor's lien retained in Deed dated July 9,
1991, executed by First Texas Development Corporation, Trustee to
Aircraft Systems & Manufacturing, Inc., recorded in Volume 2035,
Page 609 of the Official Records of Williamson County, Texas.
(2) That deed of trust lien dated July 9, 1991, executed
by Aircraft Systems & Manuf actur ing , Inc. , recorded in Volume 2 03 51
Page 614 of the Official Records of Williamson County, Texas, and
amended by instrument dated December 19, 1991, and recorded in
Volume 2189, Page 238 of the Official Records of Williamson County,
Texas.
(3) That deed of trust lien dated July 9, 1991, executed
by Aircraft Systems & Manuf acturing, Inc. , recorded in Volume 2 03 5,
Page 650 of the Official Records of Williamson County, Texas.
All of the above described liens have been assigned and
transferred to the Beneficiary by Transfer of even date herewith.
For value received and to secure payment of the Note, Grantor
conveys the Property to Trustee in trust. Grantor warrants and
agrees to defend the title to the Property. If Grantor performs
all the covenants and pays the Note according to its terms and the
"Other Indebtedness" (as hereinafter defined), this deed of trust
shall have no further effect, and Beneficiary shall release it at
Grantor's expense.
Grantor's Obligations
Grantor agrees to:
1. keep the property in good repair and condition;
2. pay all taxes and assessments on the property when due;
3. preserve the lien' s priority as it is established in this
deed
of trust;
4. maintain an insurance
policy that:
a.
covers all improvements for
their full
insurable
value as
determined when the
policy is
issued and
renewed,
unless Beneficiary
approves
a smaller
amount in
writing;
b.
contains
an 80% coinsurance clause;
C.
provides
fire and extended
coverage,
including
windstorm
coverage;
d.
protects
Beneficiary with
a standard
mortgage
clause;
5
e. provides flood insurance at any time the property
is in a flood hazard area; and
f. contains such other coverage as Beneficiary may
reasonably require;
5. comply at all times with the requirements of the 800
coinsurance clause;
6. deliver the insurance policy to Beneficiary and deliver
renewals to Beneficiary at least ten days before
expiration;
7. keep any buildings occupied as required by the insurance
policy; and
8. if this is not a first lien, pay all prior lien notes
that Grantor is personally liable to pay and abide by all
prior lien instruments.
9. Grantor will create a reserve, at the request of
Beneficiary, for the payment of all insurance premiums,
taxes, and assessments against or affecting the property
by paying to Beneficiary, on the first day of each
calendar month prior to the maturity of the note, a sum
equal to the premiums that will next become due and
payable on the hazard insurance policies covering the
property, or any part thereof, plus taxes and assessments
next due on the property, or any part thereof, as
estimated by Beneficiary, less all sums paid previously
to Beneficiary therefor, divided by the number of months
to elapse before one month prior to the date when such
premiums, taxes and assessments will become delinquent.
Beneficiary shall hold such sums without interest, unless
interest is required by applicable law, for the purposes
of paying such premiums, taxes and assessments. Any
excess reserve shall, at the discretion of Beneficiary,
be credited by Beneficiary on subsequent reserve payments
or subsequent payments to be made on the note or any
def iciency shall be paid by Grantor to Beneficiary on or
before the date when such premiums, taxes, and
assessments shall become delinquent. Transfer of legal
title to the property shall automatically transfer the
interest of Grantor in all sums deposited with
Beneficiary under the provisions hereof or otherwise.
Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute or
successor trustee, succeeding to all rights and responsibilities of
Trustee.
2
2. If proceeds of the note are used to pay any debt secured
by prior liens, Beneficiary is subrogated to all of the rights and
liens of the holders of any debt so paid.
3. Beneficiary may apply any proceeds received under the
insurance policy either to reduce the note or to repair or replace
damaged or destroyed improvements covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations,
Beneficiary may perform those obligations and be reimbursed by
Grantor on demand at the place where the note is payable for any
sums so paid, including attorney's fees, plus interest on those
sums from the dates of payment at the rate stated in the note for
matured, unpaid amounts. The sum to be reimbursed shall be secured
by this deed of trust.
5. If Grantor defaults on the Note, or defaults on the Lease
Agreement, or fails to perform any of Grantor's obligations in any
of the Loan Documents including the Loan Agreement, or if default
occurs on a prior lien note or other instrument, Beneficiary may:
a. declare the unpaid principal balance and earned
interest on the note immediately due;
b. request Trustee to foreclose this lien, in which
case Beneficiary or Beneficiary's agent shall give
notice of the foreclosure sale as provided by the
Texas Property Code as then amended; and
C. purchase the property at any foreclosure sale by
offering the highest bid and then having the bid
credited on the note.
Trustee's Duties
If requested by Beneficiary to foreclose this lien, Trustee
shall:
1. either personally or by agent give notice of the
foreclosure sale as required by the Texas Property Code as then
amended;
2. sell or convey all or part of the property to the highest
bidder for cash with a general warranty binding Grantor, subject to
prior liens and to other exceptions to conveyance and warranty; and
3. f rom
a.
PM
the proceeds of the sale,
expense of foreclosure,
commission to Trustee;
pay, in this order:
including a reasonable
to Beneficiary, the full amount of principal,
interest, attorney's fees, and other charges due
and unpaid;
7
C. any amounts required by law to be paid before
payment to Grantor; and
d. to Grantor, any balance.
General Provisions
1. If any of the property is sold under this deed of trust,
Grantor shall immediately surrender possession to the purchaser.
If Grantor fails to do so, Grantor shall become a tenant at
sufferance of the purchaser, subject to an action for forcible
detainer.
2. Recitals in any Trustee's deed conveying the property
will be presumed to be true.
3. Proceeding under this deed of trust, filing suit for
foreclosure, or pursuing any other remedy will not constitute an
election of remedies.
4. It is agreed that an extension, or extensions, may be
made of the time or manner of payment of all, or any part of the
indebtedness secured hereby, and that any part of the property may
be released from this lien without altering or affecting the
priority of the lien created by this deed of trust in favor of any
junior encumbrancer, mortgagee or •purchaser, or any person
acquiring an interest in the property hereby conveyed, or any part
thereof; it being the intention of the parties hereto to preserve
this lien on the property herein described and all improvements
thereon, and that may be hereafter constructed thereon, first and
superior to any liens that may be placed thereon, or that may be
fixed, given or imposed by law thereon after the execution for this
instrument notwithstanding any such extension of the time or manner
of payment, or the release of a portion of said property from this
lien.
5. If any portion of the note cannot be lawfully secured by
this deed of trust, payments shall be applied first to discharge
that portion.
6. Grantor assigns to Beneficiary all sums payable to or
received by Grantor from condemnation of all or part of the
property, from private sale in lieu of condemnation, and from
damages caused by public works or construction on or near the
property. After deducting any expense incurred, including
attorney's fees, Beneficiary may release any remaining sums to
Grantor or apply such sums to reduce the note. Beneficiary shall
not be liable for failure to collect or to exercise diligence in
collecting any such sums.
8
7. Grantor assigns to Beneficiary absolutely, not only as
collateral, all present and future rent and other income and
receipts from the property. Leases are not assigned. Grantor
warrants the validity and enforceability of the assignment.
Grantor may as Beneficiary's licensee collect rent and other income
and receipts as long as Grantor is not in default under the note or
this deed of trust. Grantor will apply all rent and other income
and receipts to payment of the note and performance of this deed of
trust, but if the rent and other income and receipts exceed the
amount due under the note and deed of trust, Grantor may retain the
excess. If Grantor defaults in payment of the note or performance
of this deed of trust, Beneficiary may terminate Grantor's license
to collect and then as Grantor's agent may rent the property if it
is vacant and collect all rent and other income and receipt.
Beneficiary neither has nor assumes any obligations as lessor or
landlord with respect to any occupant of the property. Beneficiary
may exercise Beneficiary's rights and remedies under this paragraph
without taking possession of the property. Beneficiary shall apply
all rent and other income and receipts collected under this
paragraph first to expense incurred in exercising Beneficiary's
rights and remedies and then to Grantor's obligations under the
note and this deed of trust in the order determined by Beneficiary.
Beneficiary is not required to act under this paragraph, and acting
under this paragraph does not waive any of Beneficiary's other
rights or remedies. If Grantor becomes a voluntary or involuntary
bankruptcy, Beneficiary's filing a proof of claim in bankruptcy
will be tantamount to the appointment of a receiver under Texas
law.
8. Interest on the debt secured by this deed of trust shall
not exceed the maximum amount of nonusurious interest that may be
'contracted for, taken, reserved, charged, or received under law;
any interest in excess of that maximum amount shall be credited on
the principal of the debt or, if that has been paid, refunded. On
any acceleration or required or permitted payment, any such excess
shall be canceled automatically as of the acceleration or
prepayment or, if already paid, credited on the principal of the
debt or, if the principal of the debt has been paid, refunded.
This provision overrides other provisions in this and all other
instruments concerning the debt.
9. The Note hereby secured represents funds advanced or to be
advanced to Grantor at its special instance and request, the
receipt of which is hereby acknowledged. This Deed of Trust
secures the Note and is also given in renewal, extension and
rearrangement of the following described liens:
(1) That vendor's lien retained in Deed dated July 9,
1991, executed by First Texas Development Corporation, Trustee to
Aircraft Systems & Manufacturing, Inc., recorded in Volume 2035,
Page 609,of the Official Records of Williamson County, Texas.
01
(2) That deed of trust lien dated July 9, 1991, executed
by Aircraft Systems & Manufacturing, Inc. , recorded in Volume 2035,
Page 614 of the Official Records of Williamson County, Texas.
( 3 ) That deed of trust lien dated July 9. 1991, executed
by Aircraft Systems & Manufacturing, Inc. , recorded in Volume 2035,
Page 650 of the Official Records of Williamson County, Texas.
10. With respect to any portion of the Mortgaged Property
described in the Deed of Trust which constitutes personal property
or fixtures governed by the Uniform Commercial Code of the State of
Texas (hereinafter called the "Code"), this deed of trust shall
constitute a security agreement between Grantor as the Debtor and
Beneficiary as the Secured Party, and Grantor hereby grants to
Beneficiary a security interest in such portion of the Mortgaged
Property. Cumulative of all other rights of Beneficiary hereunder,
Beneficiary shall have all of the rights conferred upon secured
parties of the Code. Grantor will execute and deliver to
Beneficiary all financing statements that may from time to time be
required by Beneficiary to establish and maintain the validity and
priority of the security interest of Beneficiary, or any
modification thereof, and all costs and expenses of any searches
required by Beneficiary. Beneficiary may exercise any or all of
the remedies of a Secured Party available to it under the Code with
respect of such property, and it is expressly agreed that, if upon
default Beneficiary should proceed to4dispose of such property in
accordance with the provision of the Code, then ten (10) days'
notice by Beneficiary to Grantor shall be deemed to be reasonable
notice under any provisions of the Code requiring such notice;
provided, however, the Beneficiary may at its option dispose of
such property in accordance with rights and remedies with respect
-to the real property pursuant to the provisions of this Deed of
Trust, in lieu of proceeding under the Code.
11. Grantor shall give advance notice in writing to
Beneficiary of any proposed change in Grantor's name, address,
identity, partnership or corporate structure and will execute and
deliver to Beneficiary, prior to or concurrently with the
occurrence of any such change, all additional financing statements
that Beneficiary may require to establish and maintain the validity
and priority of Beneficiary's security interest with respect to any
Mortgaged Property described or referred to herein.
12. Some of the items of the Mortgaged Property described
herein are goods that are to become fixtures related to the real
estate described herein, it is intended that, as to those goods,
this deed of trust shall be effective as a financing statement
f i led as o f ixture f i l ing f rom the date of its f i l ing f or record in
the real estate records of the county in which the Mortgaged
Property is situated.
10
13. Information concerning the security interest created by
this instrument may be obtained from Beneficiary, as secured party,
at the address of Beneficiary stated above. The mailing address of
the Grantor, as Debtor, is as stated above.
14. This conveyance is made in trust to secure and enforce
the performance of all of the terms and conditions of that Loan
Agreement executed by the Borrower of even date herewith.
15. This conveyance is also made in trust to secure and
enforce the payment of all other indebtedness and obligations of
Grantor, or of any Guarantor of the indebtedness secured hereby to
Beneficiary, whether presently existing, or in any manner or means
hereafter incurred by Grantor, or any one or more of them, and
evidenced in any manner whatsoever, either by notes, advances,
overdrafts, bookkeeping entries, guaranty agreements, liens or
security interest instruments, or any other method or means,
including any renewal and extension of the note hereby secured, or
of any part of any present or future indebtedness, or other
obligations of Grantor, or any one or more of them, and including
any further loans and advancements made by Beneficiary to Grantor,
or any one or more of them ("Other Indebtedness"). In the event of
default in the payment of any Other Indebtedness or in the event of
default under any security agreements securing such Other
Indebtedness, Beneficiary may, at its option, accelerate the note
and Other Indebtedness hereby secured. The fact of repayment of
all indebtedness, and performance of all other obligations of
,Grantor, and each of them, to Beneficiary, shall not terminate the
lien arising hereunder unless the same be released by Beneficiary
at the request of Grantor; but, otherwise, it shall remain in full
force and effect to secure all future advances, indebtedness and
other obligations, regardless of any additional security that may
be taken as to any past or future indebtedness of Other
Obligations. The aforesaid notwithstanding, in no event shall this
conveyance secure payment of any installment loan or any open-end
line of credit established under Chapter 3, Chapter 4 or Chapter 15
of the Texas Credit Code (Vernon's Texas Civil Statutes Art. 5069-
3.01, et seq.).
16. Grantor expressly represents and guarantees that the
property herein described and conveyed to Trustee is not part of
any property owned, used or claimed by Grantor as a homestead, and
the same is not, and forms no part of the business or residence
homestead of Grantor, exempt from forced sale under the laws of the
State of Texas, and Grantor hereby renounces all claims to such
property as such homestead.
17. Grantor covenants and agrees to deliver to Beneficiary
signed financial statements (business and personal) and cash flow
statements (business and personal), in form and substance approved
11
by Beneficiary, on the dates set out in that Loan Agreement of even
date. Failure to comply with this covenant shall be a default
hereunder.
18. Upon request by Beneficiary, Grantor covenants and agrees
to deposit monthly with Beneficiary, on the payment dates specified
in the Note, a sum equivalent to one -twelfth (1/12th) of the
estimated annual taxes and insurance premiums on said Property,
such estimates to be made by Beneficiary; said monthly deposits to
be in addition to the payment called for in the Note and the
Beneficiary shall hold said deposits in trust, without bond and
without the accrual of interest thereon, to pay such taxes and
premiums as they become due. Should such deposits at any time be
insufficient to pay the taxes and insurance premiums when due,
Grantor agrees to deposit the deficiency with Beneficiary
immediately upon demand and if an excess should accumulate in such
fund, such excess shall be credited to the next maturing monthly
deposits to such fund, or, at Beneficiary's option, be refunded to
Grantor, Grantor's heirs or assigns. If Grantor shall make full
payment of the indebtedness hereby secured, Beneficiary will,
before accepting such full payment, apply to the reduction of
principal any and all amounts then accumulated in such fund.
Grantor covenants and agrees that any default in the making of said
deposits as herein provided shall, at the option of Beneficiary,
mature at once the entire amount remaining unpaid on the Note. Any
balance on hand in such fund at the time of any sale, whether
voluntary, judicial or made under the terms of this Deed of Trust,
of the Property, shall, without assignment thereof, inure to the
benefit of the purchaser at such sale and shall be applied.under
and subject to the provisions hereof.
19. Grantor covenants and agrees to furnish to Beneficiary
paid tax receipts on or before January 31, of each calendar year
beginning January 31, 1996 issued by the Williamson County Tax
Assessor Collector, and any and all other governmental tax units,
showing that all property taxes and assessments against the
property herein described have been paid in full. Failure to
timely comply with this provision shall constitute a default
hereunder which shall entitle Beneficiary to accelerate the note
hereby secured.
20. Beneficiary may remedy any default hereunder, without
waiving same, or may waive any default without waiving any prior or
subsequent default (but no wavier by Beneficiary shall be effective
unless made in a signed written document). Beneficiary may remedy
any default hereunder without creating any obligation or liability
on the part of Beneficiary either to remedy any other default, or
take any other action whatsoever.
0Wa
21. Grantor covenants that the property is not located in an
area identified by the Secretary of Housing and Urban Development
as an area having special flood hazard; but, if Grantor is
incorrect in so covenanting, Grantor shall purchase any flood
insurance requested by Beneficiary and shall provide Beneficiary
with evidence of such purchase, and Grantor covenants and agrees to
keep same in full force and effect until the note and Other
Indebtedness hereby secured is paid in full.
22. Upon any foreclosure sale of any of the property, the
purchaser at the sale shall acquire title to all insurance policies
on the property, whether held by Beneficiary or not, including all
interest in paid, but unearned, premiums for such policies.
23. Grantor, and each person who guarantees, or otherwise
agrees to be obligated for, payment of the indebtedness with
knowledge of this deed of trust ("Guarantors"), agrees that each
request made for an advance under the note and each renewal and/or
extension of the indebtedness, or any part thereof, whether such
request, renewal, and/or extension is made orally or in writing,
shall constitute, unless specifically denied by Grantor and each
Guarantor in writing, a representation and warranty by them that
(i) no default exists, and no event has occurred which solely with'
the passage of time or the giving -of notice, or both, would
constitute a default, under, this Deed of Trust; and (ii) all
written representations and warranties previously made by any of
them in connection with the loan transaction continue to be true
and correct. As a material inducement to any such renewal and/or
extension, Grantor agrees that any renewal and/or extension shall
release and discharge Beneficiary , its directors, officers,
employees and agents from any and all claims, damages, and actions
and cause of action, whether known or unknown, including any and
all claims by Grantor against Beneficiary arising out of or
resulting from this loan transaction. Grantor further agrees that
neither they, nor any of them, shall assert against Beneficiary any
claim or cause of action arising out of or connected with the loan
transaction unless Grantor gives Beneficiary written notice of the
existence and nature of such claim or cause of action within two
years after it arises.
24. Grantor represents that Grantor knows of no fact or
circumstances that Grantor has not disclosed to Beneficiary in
writing that could materially adversely affect the properties,
business, or financial condition of Grantor (including, without
limitation, the ability of Grantor to pay the indebtedness) or. the
value of the property as security for the payment of the
indebtedness.
13
25. Grantor further expressly agrees to permit no mechanic's
lien, mechanic's lien affidavits or other junior encumbrances to be
recorded or otherwise become an encumbrance against the property
without the prior written consent of Beneficiary. Failure to
comply with this covenant shall constitute an event of default
hereunder which will entitle Beneficiary to accelerate maturity of
the Note secured hereby.
26. Should the property or an interest in the real property
herein described be sold, transferred or conveyed, without the
prior written consent of Beneficiary, then the Beneficiary shall
have the option to accelerate the payment of the Note secured
hereby and declare the unpaid balance of principal and accrued
interest on said Note due and payable, without notice or demand,
and to foreclose all liens securing payment of the same.
27. Grantor agrees that the stipulated Trustee's commission
is reasonable.
28. Beneficiary shall have no obligation to make advances
under the note or otherwise in connection with the loan transaction
at any time Grantor is in default under this deed of trust or at
any time after Benef iciary has properly made demand for payment of
any of the indebtedness. No provision of this deed of trust shall
eliminate or impair the right of Beneficiary to require payment of
the indebtedness at any time, on demand by Beneficiary.
29. Grantor represents that the address given above is its
respective current mailing address and agrees to notify the holder
of the indebtedness secured hereby in writing within ten (10) days
of any change in such address. Grantor further agrees that, unless
notified in writing otherwise, the holder of the indebtedness
secured hereby may presume that the address hereunder is the most
recent address on the records of the holder of the indebtedness
secured hereby.
30. a. For purposes of this section:
i) the term "Applicable Regulations" shall mean
and refer to any and all applicable local,
state or federal laws, rules, regulations,
orders or other requirements;
the term "Hazardous Materials" shall mean and
refer to industrial solid wastes, hazardous
wastes, hazardous substances, toxic
substances, asbestos, polychlorinated
biphenyls, underground storage tanks or any
14
wastes, materials, or other substances of any
kind or character that are or become regulated
as hazardous or toxic wastes or substances or
which are prohibited or require special
handling or treatment under any Applicable
Regulations;
iii) the term "Existence or Discharge" shall mean
and refer to the presence, use, generation,
release, discharge, storage, disposal,
placement, handling or transportation of any
Hazardous Materials on, under, in, above, to,
or from the Property; and
iv) the term "Remedial Work" shall mean and refer
to any investigation, monitoring, clean up,
containment, removal, storage, or restoration
work which may be required under any
Applicable Regulations due to the Existence or
Discharge of Hazardous Materials.
b. If any Remedial Work is required due to the
Existence or Discharge of any Hazardous Materials, Grantor shall
promptly cause such Remedial Work to be performed and shall be
responsible for the payment for same.• In addition, Grantor shall
indemnify, defend and hold the Trustee and the Beneficiary harmless
from and against any loss, cost, expense, claim or liability
arising out of or in connection with any Remedial Work which is
required due to the Existence or Discharge of Hazardous Materials
on the Property.
C. Grantor shall indemnify, defend and hold the Trustee
and the Beneficiary harmless from and against any loss, cost,
expense, claim or liability arising out of or in connection with
any claims of third parties for loss, injury, expense or damage
arising out of or in connection with the Existence or Discharge of
any Hazardous Materials.
d. Throughout the Term of this Deed of Trust, Grantor
shall prevent the Existence or Discharge of Hazardous Materials.
e. The indemnities and obligations under this Section
30 shall survive the release of this Deed of Trust and/or any
foreclosure hereunder.
31. When the context requires, singular nouns and pronouns
include the plural.
32. The term "note" includes all sums secured by this deed of
trust.
15
33. This deed of trust shall bind, inure to the benefit of,
and be exercised by successors in interest of all parties.
34. If Grantor and Maker are not the same person, the term
"Grantor" shall include Maker.
35. Grantor is conveying the Leasehold Estate to the Trustee
in part pursuant to the provisions of Paragraph 14 of the Lease
Agreement specifically confirming to the Beneficiary the rights
accorded lenders in the event of default and foreclosure as set out
therein.
EXECUTED as of the date first above written.
GRANTOR:
Aircraft Systems & Manufacturing, Inc.
By.
• Dan McKenzie, President
14
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
July, 1995, by Dan McKenzie, President of Aircraft Systems &
Manufacturing, Inc., for and on behalf of said Company.
AFTER RECORDING RETURN TO:
Bank One, Texas, N.A.
P.O. Box 368
Round Rock, Texas 78680
Notary Public, State of Texas
0V
Council meeting date: /95
'by
AGENDA ITEM COVER SHEET
C e On-
n
Item No.
SUBJECT
Approve payment of an amount not to exceed $7050 from Council Contingency for Habitat for
Humanity home.
ITEM SUMMARY
Habitat for Humanity is building a home at 715 9th St., on a lot donated to them by the City.
They have asked the City to pay for the following items:
$2050 waiver of electric, water, and wastewater tap fees
500 removal of refuse and garbage from the site
4500 drilling and pouring of concrete piers for the foundation (final cost not to
exceed this amount)
$7050 TOTAL
SPECIAL CONSIDERATIONS
The City has already paid for a $500 site survey. In -kind support for this project includes the
$7220 appraised value of the donated lot, and many hours of staff time from various City
departments, including Building Inspection, C.O.U. Adminsitration, Streets, Electric, Legal, and
Management Services Administration.
FINANCIAL IMPACT
The total amount requested could be as high as $7050, depending on the final cost of
drilling and pouring the piers, and will come from Council Contingency.
COMMENTS
None.
ATTACHMENTS
None.
Elizabeth Gray, Director of Management Services
Submitted By:
Council meeting date: 7/11/95 Item No. K
REVISED
AGENDA ITEM COVER SHEET
SUBJECT
Approve payment of an amount not to exceed $7060 $2350 from Council Contingency for
Habitat for Humanity home.
ITEM SUMMARY
Habitat for Humanity is building a home at 715 9th St., on a lot donated to them by the City.
They have asked the City to pay for the following items:
$2050 waiver of electric, water, and wastewater tap fees
tovtr�g.per rr� ulu
exeeed this amount)
$70 TOTAL
SPECIAL CONSIDERATIONS
The City has already paid for a $500 site survey. In -kind support for this project includes the
$7220 appraised value of the donated lot,ar
eae
and many hours of staff time from various City departments, including Building
Inspection, C.O. U. Administration, Legal, and Management Services Administration.
FINANCIAL IMPACT
The total amount requested 1s� ,
and will come from Council Contingency.
ATTACHMENTS
(dome-
. eaxivvv cxx*.a.:,_ ": ....,,vv �;:xz.__ .v+.v. 4..,z+. xx•._vv S ziv++xtz-i,<,a .z-x_.xxxs _ _ _ z _ _ _ _ _
zt+ivza v
' : i'}:r._v:tci'.�:"s-`i`iitzS'.-`.e?*[x=.v+.xzir.ifi"`x"'iii'�ai is,;tta'.•'i'a+`.ii"�;_ii4r`.e`'a'iii°<_ �iv,t.:axt_..,zzxx�izi g;`.,y az-'ai: jitt':tit rnza ie tj.�__a_ztixtitt:
Submitted By:
Elizabeth Gray, Director of Management Services
Council Meeting Date: July 11, 1995
AGENDA ITEM COVER SHEET
Item No.
LA
SUBJECT •
Council approval of an amendment to the contract between the
City of Georgetown and Roming-Parker Associates, related to the
review of construction plans for the Sun City - Georgetown
Development.
ITEM SUMMARY:
The City of Georgetown has requested the services of Roming-
Parker Associates in reviewing construction plans for the Sun City
- Georgetown Development. Roming-Parker would be responsible to
review each set of construction plans for compliance with the
development agreement between the City of Georgetown and Del E.
Webb Development Co., L.P., conformance with City construction
standards, review of: construction notes, geotechnical data,
drainage data. Roming-Parker would provide recital of regulatory
agencies to be contacted for review and approval of construction
plans and a letter documenting the review, to the Manager of
Systems Engineering, for each set of plans submitted.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT•
Payments to be made per each set of construction plans as
follows: A ten (10) calendar day review at $25.00/sheet, a seven
(7) calendar day review at $30.00/sheet, a two (2) calendar day
review at $50.00/sheet, plus a one day service mailing allowance of
$50.00/review set - minimum $750.00 per set of plans submitted.
COMMENTS•
NONE
ATTACHMENTS
1. Proposal letter from Roming-Parker Associates
•
Submitt
Jim Briggs, Director
Community Owned Utilities
JUL- 5-95 WED 15:11 ROMING-PARKER ASSOCIATES FAX NO. 18177736667 P.05
RPROMING - PARKER ASSOCIATES, L.L.P.
CONS ULTING ENGINEERS
3513 Southwest H.K. Dudgen Loop, Suite 103
Temple, Taxis 76502 (817) 773-3731 Fax (817) 773-6667
W. CLAY ROMING, P.E.
WM, MACK PARKEER, P.E.
RICK N- KASBERG, P.E.
June 30, 1995
Mr. Jim Briggs, Director
Community Owned Utilities
City of Georgetown
1101 N. College
F.G. Boar 409
Georgetown, TX 78627-0409
Re: City of Georgetown
Construction plan Reviews
Georgetown, Texas
Dear Mr. Briggs;
This letter proposal is in response to your request for engineering services required to review
construction plans submitted to your office by the Sun City - Georgetown Development. The
following is a scope of services and a fee schedule that we have developed for the anticipated
work.
Our review of the construction plans would include;
A. Compliance with the Development Agreement between the City of Georgetown
and Del E. Webb Development Co,, L.P.
B. Conformance with the City of Georgetown standard details for construction of
water, sewer, street and drainage improvements.
C. Review of construction notes applicable to each proposed project.
D. Recital of regulatory agencies that may need to be contacted for review and
approval of the construction drawings.
E, Review of geotechnical data presented on the drawings with respect to street
construction.
F. Review drainage data presented with respect to pipe and culvert sizes.
JUL- 5-95 WED 15,10 ROM ING-PARKER ASSOCIATES FAX NO. 18177736667
?, 03
Mr. Jim Briggs
June 30, 1995
Page Two
G. Provide letter documentation of review addressed to Mr. Don M. Rundell, E.E,;
Manager, Systems Engineering; Community Owned Utilities; City of Georgetown,
Texas,
Our review of construction plans would not include:
A. Review of structural design for lift stations, bridges, utility poles, buildings,
foundations or ether concrete, steel or wooden structural improvements.
B. Review of lift station details regarding electrical installations, pump sizes and
types, shop drawing submittals, preliminary engineering reports, etc,
C. Review of wastewater treatment facilities.
D, Review of landscaping details.
. Adequacy of the capacity of sanitary sewer and water line improvements.
F, Detailed review of drainage calculations, detention ponds, pump system curves or
other engineering calculations.
G. Review of Contract Documents,
The fee schedule is proposed as follows;
I. Construction plan Review
A. 10 calendar day review $25/sheet
7 calendar day review $30/sheet
2 calendar day review $50/sheet
B. One day service nailing allowance $50/review set
* These rates and tinge tables apply to each set of construction drawings
submitted for review.
These rates are based can review of the construction drawings at the
offices of RPA. Meetings with City of Georgetown officials and/or
representatives of the developer will be charged at the approved tijile
and materials rates established by the original Contract between the City
of Georgetown and Ronling-Parker Associates, L.L.P. dated March 14,
1995.
* The review times above are from the time the. plans are received until
the plans are really for return mail to the. Ci tv of Gec�rge.rnwn
JUL- 5-95 WED 15,11 ROMING-PARKER ASSOCIATES FAX No. 18177736667 P,04
4
• y
Mr. Jim Briggs
June 30, 1995
Page Three
• The minimum charge for each initial review will be $750-00. In the
evert there are plan sheets that require revisions, the charge for review
of each revised sheet will be as stated above with no minimum charge
being applicable.
II. Rates and charges required for review of items of proposed improvements excluded
froin normal plan review will be those outlined in the original contract between the
City of Georgetown, Texas and Roming-Parker Associates, L.L.P, dated March
14, 1995.
If you have any questions or comments about this proposal, please call.
Sincerely,
'�'g-ma- .. /C- -
Wm. Mack Parker, P.E.
Signed this day of , 1995
CITY OF GEORGETOWN
I:
Leo Wood, Mayor
Attest:
Sandra D. Lee, City Secretary
Approved as to form:
Marianne Landers Banks, City Attorney
STATE OF TExAs
COUNTY" OF BELL �
ROMING-PARKER ASSOCIATES, L.L.P.
4WIj
P.E.
. 4�
Wm. Mack Parker, P.E.
Attest:
r _
Rick N. Kasberg, P.E.
ACKNOWLEDC&M ENT
This instrument was acknowledged before rite on this day of 1995, by W.
CLAY ROMING, in his capacity as Managing Partner of Rowing -Parker Asse*Zs L.L.P., ,Texas
Limited Liability Partnership, on behalf of said Partnership,
TOt M. Ekib"-x Notary�Pubt�nc and for tl�e
fw
TIF
JUL- 5-95 WED 15:10 ROMING-PARKER ASSOCIATES ` PAX N0, 18177736667 P,02
Exhibit A
(Updated June 30, 1995)
This updated Exhibit A. provides for the scope of services required for the review of construction plans
subiAtted to the City of Georgetown - Community Owned Utilities by Del E, Webb Development Co,,
L.P. The attached letter details the services and associated fees for the anticipated work.
Council Meeting Date: July 11, 1995 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Council approval of correction to Agenda Item "J", from the
June 27, 1995 Agenda, approving an additional $3,000.00 to the
contract amount for professional services from Camp, Dresser &
McKee, concerning site selection and permitting for the proposed
wastewater treatment plant.
ITEM SUMMARY:
On June 27, 1995, Council approved Amendment No. 19, of the
contract between the City of Georgetown and Camp, Dresser & McKee,
related to the professional services for site selection and
permitting for the proposed wastewater treatment plant near the
confluence of Pecan Branch and the San Gabriel River.
The total amount for this amendment was $45,250.00, however, the
agenda item cover sheet read $42,250.00, a difference of $3,000.00.
Therefore, staff requests Council approval of the remaining
$3,000.00 to cover all costs associated with Amendment No. 19 of
the contract with Camp, Dresser & McKee.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Additional funds in the amount of $3,000.00 to be paid from
Account Number 651-101-6365-00 for a total amount of $45,250.00.
COMMENTS:
NONE
ATTACHMENTS •
1. Copy of Agenda Item Cover Sheet, dated June 27,1995 - Item "J"
ed By:
Jim Briggs, Director
Community Owned Utilities
Council Meeting Date: June 27, 1995 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Council approval of Amendment No. 19, of the contract between
the City of Georgetown and Camp, Dresser & McKee, related to the
professional services associated with permitting and site selection
for the proposed wastewater treatment plant near the confluence of
Pecan Branch and the San Gabriel River, in the amount of
$42,250.00.
ITEM SUMMARY:
Because of the Sun City development, it has been determined
that a new wastewater treatment plant will be necessary to
effectively maintain our current level of service and remain in
line with our long-term expansion plan for wastewater services
related to this development.
Camp, Dresser & McKee has been asked to provide preliminary
services such as, preparation of the permit forms to be provided to
the TNRCC and EPA NPDES, site selection, obtaining stream cross
sections, etc.
Staff requests approval of Amendment No. 19 to the contract between
the City of Georgetown and Camp, Dresser & McKee, in the amount of
$42,250.00, to begin the process for completing this project.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds in the amount of $42,250.00 to be paid from Account
Number 651-101-6365-00.
COMMENTS:
NONE
ATTACHMENTS:
1. Proposal letter from Camp, Dresser & McKee
2. Amendment No. 19 from Camp, Dresser & McKee
Submitted B
riggs, Director
Vity Owned Utilities
Council Meeting Date: July 11, 1995 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Award of annual bid for office supplies to Corporate Express in the estimated amount of
$24, 241.00.
ITEM SUMMARY
Bids were received for the purchase of office supplies for a one year period beginning August
1, 1995. The staff recommendation is to award this bid to the overall low bidder, Corporate
Express Office Products of Austin.
Normally bids for multiple items are evaluated on a line item basis. However due to the low
profit margin on individual items, the bidders that consistently bid low on our office supply
contract feel that they will not be able to provide us the quick turnaround time of orders and
daily delivery service if the bid is awarded by line item. In addition competition will decrease
as some bidders will likely choose not to bid. As a result of these factors, this bid is
evaluated on an estimated overall total amount.
Corporate Express has had the office supply contract for the past two years and has
provided us with excellent service.
SPECIAL CONSIDERATIONS
none
FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.)
The estimated total amount of this bid is $24,241.00. Funds are budgeted in the individual
department office supply accounts.
COMMENTS (from City Attorney, staff, boards and commissions)
none
ATTACHMENTS (list individually)
1. bid tabulation
Submitted By:
Terry Jones, Support Services Director
Susan Morgan, Director of Finance & Administration
OFFICE SUPPLY BID
BID # 95025
EST.
Office Fumilure
ITEM
STOCK NO.
UNIT
QNTY
DESCRIPTION
Boise Cascade
Corporate Express
B T Miller
Distributor
1
200028
BX
17
DATA PROCESSING LABELS #AVE-4013 (5M/BOX)
11.23
190.91
9.69
164.73
10.66
181.22
13.45
- -
228.65
BRAND NAME
-------- ----------
-- ----
-
2
200031
EA
300
2-1/4 ADDING MACHINE PAPER
041
12300
031
93.00
0.37
11100
0.49
147.00
BRAND ►DAME
--- .._...- --- -
-
- - - -----
3
200029
BX
5
FAX PAPER, LABELON FR5-133 (4 ROLL/BOX)
19.87_-
99.35
84.45
46.18
230.90
44.94
224 70
BRAND NAME
------
_
_
- -16.89
_
-
4
200062
BX
9
OVERHEAD TRANSPARENCY FILM, 8 112" X 11"
31.34
282.06
1145
103.05
28.96
260.64
45.61
41049
3A1 #PP2310
------
-
----- --
-----
BRAND
5
200043
EA
96
POCKET MEMO BOOK 3 X 5 DENNISON 3112
056
53.76
029
27.84
0,35
33.60
0.49
--------
47.04
BRAND NAME
------- -
-------
-------
6
200035
BX
105
1/3 CUT MANILA FILE FOLDERS, LTR (1001BOX)
5.32
558,60
3.19
334.95
364.35
- 3.49 - _
366.45
BRAND NAME
- - - -
--
__3.4_7___-
7
200042
BX
28
113 CUT MANILA FILE FOLDERS, LGL (100/BOX)
7.15
200.20
4.19
117.32
4.52
126.56
4.69 -
---
131.32
BRAND NAME
-------- ----
----------
---
8
200037
BX
32
1/3 CUT HANGING FILE FOLDERS, LTR (25/BOX)
5 67
181.44
3 2_9
10528
121.60
3.79
121.28
BRAND NAME
- -
_-_-
-_3.80
9
200038
BX
22
1/3 CUT HANGING FILE FOLDERS, LGL (25/BOX)
6.84
150 48
4.45
97,90
- 4.89
10758
469 _
103 18
BRAND NAME
- - _
_ - -
10
200039
BX
2
MANILA FILE POCKETS, 1 1/2" EXP., LTR (50/BX)
11.18
2236
8 49
16.98
8.73
1746
14.76
29.52
BRAND--
11
200040
BX
4
MANILA FILE POCKET, 2" EXP. LTR (50/BOX)
11.77
4708
8.49
33.96
8.34 --
33.36
15.80
6320
BRAND NAME
- - _ _
_ -_ -
-
12
200044
PKG
2
CLEAR PLASTIC TABS. 2", 1/5 CUT (25/PKG)
_ 0 60 _ -
1.20
---0 59
1.18
-_ 0.67-_
1.34
2.64 -_
5.28
BRAND NAME
13
200045
PKG
5
CLEAR PLASTIC TABS, 3 112". 1/3 CUT (25/PKG)
072
360
059
2 95
-_ 052
260
251 -
12.55
BRAND NAME
_ _
_ -
14
200046
PKG
12
FILE FOLDER LABELS, P/S
0.85
10.20
0.52
624
1.23
14.76
_ 1.82
21.84
AVERY FF-3 WHITE
BRAND NAME-----_ -_------._-__-,
15
200050
BX
2
PLASTIC BINDING ELEMENT, 19 RING, 3/8" (25/BX) BLK
1 74
3.48
1_29
258
1.34
2.68
2.00
4.00
BRAND NAME
-- -- -- -- ---
-
16
200051
BX
2
PLASTIC BINDING ELEMENT, 19 RING, 1/2" (25/BX) BLK
2 55
5.10
1.69
3.78
1.96
3.92
3.06
6.12
BRAND NAME
------------
- ---
-----
17
200052
BX
25
IDL LARGE BINDER CLIPS V CAP
1.55
3675
1.19
29.75
1.17
2925
1.22
30.50
BRAND NAME
- - - -
-
18
200053
BX
100
IDL SMALL BINDER CLIPS 3/8" CAP (12/BOX)
0.26
26.00
0 19
19 00
0.19
19.00
0.24
24.00
BRAND NAME
---------- ---
--------------
19
200054
BX
38
IDL MEDIUM BINDER CLIPS 5/8" CAP (12/BOX)
052
1976
046
17.48
16.72
049
18 62
BRAND--
- - _
- _
- -0.44 _-
-
20
200055
BX
20
FILE FASTENERS 2" CAPACITY, 2 3/4" CENTER
1 78
35.60
0.99
19.80
1.61
32.20
1,10
22.00
BRAND NAME__ _--__ -
21
200065
EA
200
2" VINYL RING BINDER BLK 8 5 X 11
1 87
374.00
1.39
278.00
1.81
362.00
1 83
36600
BRANDNAME
------------------------
---------------
---------
---------
22
200036
BX
72
E14D TAB FOLDERS. ET 2-200L
5.27
379 44
505
36360
4.98
35866
7.96
673.12
BRA14D NnAtE
--- - ------ - -
PAGE 2 - OFFI-LIES
EST.
Office Furniture
ITEM
STOCK NO.
UNIT
ONTY
DESCRIPTION
Boise Cascade
Corporate Express
BT Miller
Distributor
23
200066
EA
225
1" VINYL VUE RING BINDER "HITE 8 5 X 11
_-___ 1.62 - ---
-
364.50
_ 1.82__-
--
40950
-- 1.40
--
31500
1.84_-
414.00
BRAND NAME--_-__--____.
24
200049
PKG
50
LABEL MAKER LETTERING TAPE BLACK ON WHITE
_ 25.30 -
-----
1.265.00
1989 _-
--- -
99450
-__ 17.84
--
892.00
- 2352 --
1,176.00
BRT TC-20
BRAND
25
200048
PKG
73
DATA INDEXES W/ INSERTABLE TABS SPR-01256 (12/PKG)
9 79 --------
714.67
1.42-------
----------
103.66
-___3.88 _ _
28324
1.54
11242
BRAND NAME_-----------------.---__--
26
200060
EA
36
RED PRESSED BOARD BINDER COVER 8 5 X 11
1 06
..___...--------.__--
38 16
0,74
26.64
1.36
48,96
1.48
5328
BRAND NAME-----------------_-_-_--.
27
200061
EA
6
RED PRESS BOARD BINDER COVER 8 5 X 14
1.57
942
1.18
T08
1 69
10.14
2.99
17 94
BRAND
28
200063
EA
90
ACCODATA BINDERS W/SUSPENSION HOOKS. DK BLUE,
-_ 2.21 _ _
---
19890
1.95
--
175.50
_ 1.05 -_
--
9460
325
29250
14 7/8" X 11", (10/BOX)
BRAND NAME_
29
200064
EA
10
ACCODATA BINDERS, LT BLU, 14 7/8" X 1 V (10/BX)
_-12.23-- _
-- -
122.30
- 1.95
--
19.60
- 1.05
-
10.50
- 2.95 -
29.50
BRAND NAME-- _-------
30
200070
EA
360
STORAGE BOXES W/LIDS, LTR/LGL
2.98____
_ 1.072,80
_1.99
716.40
1.93
694 80
_ 2.35
846.00
PERMA-PAK #01215
BRAND NAME - NO SUBSTITUTIONS
31
200015
BX
244
PREMIUM GEM CLIP, REG. ACCO #1, (100/BOX)
0 12 _
2928
- - ------ -----
0- 08---
19.52
--0:08_____
19.52
0.10
24.40
BRAND NAME_ - - --- -- --
32
200076
BX
64
PREMIUM GEM CLIP, ACCO JUMBO (100/BOX)
0.45_ __
2880
022
1408
_ 025
1600
- 0.26
16.64
BRAND
33
200077
BX
14
CLEAR PUSH PINS, LA13ELON #CP20 (100/BOX)
_- 0.58 --
8.12
055 -
7.70
- 049
6.86
0.80 -_
11-20
BRAND NAME_- _ ---
34
200080
BX
42
STANDARD STAPLE, 1/4 CP (5M/BOX)
0.43
1806
0 37
--------- ---- -
15.54
0.40
- -
16.80
0,43
18.06
BRAND NAME
35
200085
BX
23
#32 PLYMOUTH RUBBER BANDS 1/4 LB
0.57 _- -
- -
13 11
--_ 0.31 - -
- --
7.13
-_ 0.43 _
--
9.89
- 0.48-
11.04
BRAND NAME_------_.
36
200086
BX
28
919 RUBBER BANDS, 114 LB
_- _ 057. _
1596
031 __-
868
0.43
12.04
0.48
13,44
BRAND NAME --_--.__.-_-.
37
200090
RL
96
3/4" X 36 YDS MAGIC TRANS TAPE
--_ 057 _
---
54.72
_____0 52 -
-
49.92
1.48 -_-
--
142.08
1.45
139.20
BRAND NAME--_-_.-_ ____-_ _
38
200095
PKG
25
POST IT NOTES 1.5 X 2 (12/PKG) YELLOW
121 _ _-
- --
30.2.5
_ __1.17
---
29.25
2.87- -_
--
71.75
- 1.33 _-
33.25
BRAND NAME-__,---__ -_-_
39
200097
PKG
29
POST IT NOTES 3 X 3 (12/PKG) BLUE
2.81
81.49
2.76
80.04
6.72
19488
8.76
254,04
BRAND NAME--_______
40
200098
PKG
5
POST IT NOTES ROUTE IT SLIPS (12/PKG)
1.97
9,85
1.89
9.45
1.94
970
6.05
30.25
BRAND
41
200099
PKG
27
FAX TRANSMITTAL MEMO PADS. POST -IT 7672 3M
208
- --
56.16
1.89
51.03
2.05
55.35
2.93
79.11
BRAND NAME ---- -- - _ ------
42
200104
DZ
14
JR. LGL RULED PAD 5 X 8 WHITE
_ _ 4 57 _
6398
___4.76 __ _
_-
66 64 ___
5.04_ --
--
70.56
5.39--
-
75.46
BRAND NAME- ----- ---- -
43
200105
DZ
29
JR. LGL RULED PAD 5 X 8 YELLOW
4.57
------------- - -- ._
13253
4 76------
----------------
138.04
4.10-
-----
118,90
480
--- - -
139.20
BRAND NAME_ ---------_-----_-._ __.._
PAGE 3 - OFFIC-LIES
EST.
ITEM
STOCK NO.
UNIT
ONTY
DESCRIPTION
44
200107
DZ
60
LEGAL RULED PADS 8 1/2 X 11 CANARY
BRAND NAME _ __-
45
2001W
DZ
15
LEGAL RULED PADS 8 1/2 X 14 CANARY
BRAND NAME
46
200110
EA
7
WILSON JONES COLUMNAR PAD G7203
BRAND NAME_____-
47
200111
EA
3
WILSON JONES COLUMNAR PAD G7502
BRAND NAME_______.__-___-_
48
200113
EA
3
DENNISON NAT'L #45-505 COL PAD
BRAND NAME----------- ---__ _---
49
200114
EA
3
DENNISON NAT'L #45-504 COL PAD
BRAND NAME--__-__---____
50
200120
EA
6
CALCULATOR INK ROLLER. NUKOTE NK-72
BRAND NAME_____ _
51
200137
EA
10
BILK CORRECT RIBBON IBM WHEELWRITER 3, 5, 86
NUKOTE 8192
BRAND NAME_____
52
200134
EA
6
HI-TAC LIFT OFF CORRECT TAPE FOR CORRECTING
SELECTRIC TYPE MACHINES
BRAND NAME_
53
200136
EA
20
LIFT OFF CORRECT TAPE FOR IBM WHEELWRITER 3 & 5
BRAND NAME---------_------_-__--
54
200132
EA
18
PRINTER RIBBON, PANASONIC KX-P155
BRAND NAME___
55
200140
EA
10
IBM #4234 PRINTER RIBBON. #6295158. MODEL 1 &2
IBM BRAND ONLY
56
200141
EA
5
IBM #5224 PRINTER RIBBON
IBM BRAND ONLY
57
200130
EA
3
#IP381 OLIVETTI ET SERIES RIBBON
BRAND NAME..-------------_ _-_--
58
200124
EA
73
CARTRIDGE, CANON BUBBLE JET BCO2
BRAND NAME_-
59
200129
EA
3
#IP376 OLIVETTI CORRECT TAPE
BRAND NAME------------------_-__--
60
200144
DZ
20
BP-SM MED PILOT PENS BLUE
BRAND NAME
61
200145
DZ
26
BP-SM MED PILOT PENS BLACK
BRAND NAME__-
Office Furniture
Boise Cascade
Corporate Express
BT Miller
Distributor
7.14
428.40
6.76
405,60
6.17
370.20
7.08
424.80
9.14
137.10
8 82
132.30
8.19
122.85
9.48
142.20
1 26
882
1.02
7.14
1.17
8.19
1.36
9.52
0.99
297
1.02
3.06
---1-17--
3.51
1.36
4.08
1 39
4 17
1.10
330
1 57
4.71
3.77
11 31
1.39
4 17
1.10
3.30
1.24
3.72
200
6.00
1.49
8.94
1.32
7,92
1.47
8,82
202
12.12
2.58
25.80
2.19
21 90
2.22
22.20
332
33.20
7 22
43.32
1 25
7 50
0.86
5.16
2.59
15.54
3.78
7560
1.55
31.00
2.22
44.40
2.60
5200
8.79
15822
4.59
82.62
8,67
156.06
9.45
170 10
29.05
29050
24.35
243,50
45,83
45830
40.96
409.60
17075
170.75
16.35
81.75
28.09
140.45
43.36
216.80
7,33
21.99
1.55
4.65
1.77
5.31
287
8.61
2200
1.606,00
18.95
1,38335
21.83
1,593.59
24.80
1.810.40
0.95
285
2.19
6.57
2.37
7.11
4.19
12.57
562
11240
5.04
100.80
5.52
11040
7.92
168.40
5.62
146.12
5.04
131.04
5.52
143.52
7.08
18408
PAGE 4 - OFFIC`LIES
EST.
Office Furniture
ITEM
STOCK NO.
UNIT
ONTY
DESCRIPTION
Boise Cascade
Corporate Express
BT Miller
Distributor
62
200149
DZ
11
BP -SPA MED PILOT PENS RED
5.62
61.82
5.04
55.44
5.52
60.72
7.44
81.84
BRAND
63
200146
DZ
26
BP -SF FINE PILOT PENS BLACK
_- 562
146 12
5 04 _
131.04
5.52----
143.52
708 -
18408
BRAND NAME
64
200147
DZ
12
BP -SF FINE PILOT PENS BLUE
5.62
----- ------ --
67.44
5.04
---------
60.48
5.52
---
66.24
7.08 -
----
84.96
BRAND NAME
65
200148
DZ
4
BP -SF FINE PILOT PENS RED
5.62
22 48
5 04
..- - --- -
20.16
5.52
----- -
2208
7.44
--- --- -- --
29 76
BRAND NAME
-- ...... _
66
200150
DZ
35
WRITE BROS STICK BALL PEN MEDIUM BLK
088 -
3080
- 0.69
24.15
0.92
---------------
32,20
2.28
-------
--
7980
BRAND-
67
200151
DZ
12
WRITE BROS STICK BALL PEN FINE BLK
0.88
l ---
10.56
-
0.69
--------
8.28
0.92
--
11.04
2.64 -
---
31.68
BRAND NAME
68
200161
DZ
9
#2.5 VENUS VELVET PENCILS
1 21
1089
0.49
-----------
441
0.52
-
4 68
1.68
-
16.12
BRAND NAME ------
----------------
69
200165
EA
160
SCRIPTO MECHANICAL PENCIL .5MM
0 55
---------
8800
0.54
----
86.40
090
144.00
1 23 -
----
196.80
BRAND NAME
-----
70
200166
TUBES
48
PENCIL LEAD .5MM PENTEL C605-HB
0 37 - ---
17 76
0 32
---------------
15.36
----------
0 36
17.28
0.42
- ---------
2016,
BRAND NAME
- --- -- --
71
200167
TUBES
2
MECH PENCIL ERASER REFILL, SCRIPTO J250
048
096
0,42
0.84
0.47
------ ----
094
.
0.64
--- - - --- --- -- -
1 28
BRAND
72
200168
PACK
2
CLIC ERASER REFILLS, WHITE, PENTEL
_0.56- --
1.12
_ _ 0.54
1.08
- 0.59 _-
1 18
0.89 -
1.78
BRAND NAME
_
73
200175
EA
80
DENNISON HI -LITER MARKERS
1 23 -- -----
9840
0.16
-- ------ ------
12.80
0.16
--------
1280
0,17
---------
1360
BRAND NAA4E
--- - -- ---
74
200176
EA
46
MARKS A LOT BLACK MARKER
__--0.42-
--
20.16
_-_0 09 - -
--_ -
4.32
_ 0.16--
---
7.68
0 41
-
19.68
BRAND NAME
75
200180
EA
120
LIQUID PAPER WHITE
0.34 _-
4080
_ _ 0.54 _
6.1.80
0.71
85.20
0.65
78.00
BRAND NAME
76
200181
EA
6
LIQUID PAPER IVORY
0.79
------ ---
4.74
0.71
-----
4.26
-_ 0.78
---
4.68
-- 1.11
6.66
BRAND NAME
77
200182
EA
6
LIQUID PAPER LEDGER BUFF
_ 0.79- --
4.74
0.69 _-
4.14
-- 0.78
4.68
- 1.11
6.66
BRAND NAME
_--
78
200183
EA
6
LIQUID PAPER LEDGER GREEN
_- 079 --
4.74
069 - _
4.14
_0.78
4.68
-- 1.11
666
BRAND NAME
_
79
200184
EA
6
LIQUID PAPER BLUE
0 79 - - - --
4 74
0.69
-- - --- - - -----
4.14
0.78
- --- ---
4 68
1 11
------ ---- --
6.66
BRAND NAME
-- - ------ - -
80
200185
EA
24
LIQUID PAPER "JUST FOR COPIES"
0.76
1824
0.67
16.08
0.75
-- --
1800
--- 1.04 -
2496
BRAND NAME
------- -----------
-----------------
81
200186
EA
24
LIQUID PAPER "PEN 8 INK"
0.76
18 24
067
- - - -- _..-- - -
16.08
0.75
----------- ---
1800
1.04
----- - - ---- --
2496
BRAND-
82
200196
EA
6
CLIPBOARD 6 X 9 #NATO5610
4.00 -
2400
- _ 0,69
4 14
--0.45 _ _
2.70
--1.16 --
696
BRAND---
- _
83
200195
EA
24
CLIPBOARD 9 X 12.1/2 #NATO5612
0.61
14.64
0.52
------------------
12.48
----------
0.58
13.92
1.05
25.20
BRAND NAME
- --- --- _ - --- ----
84
200200
BX
12
DRAWER FRAMES #ESSJ-442 LETTER (61BOX)
5.99
71.88
5 28
------------
63.36
8.52
--------
102.24
17.88
--•-----
214.56
BRANDNAME
---- ----------- -- ---
85
200201
BX
12
DRAWER FRAMES #ESS-442 LEGAL (6/BOX)
6.28
75 36
558
6696
9.12
109.44
21 40
256.80
PAGE 5 - OFFIC 'LIES
EST.
ITEM
STOCK NO
UNIT
ONTY
DESCRIPTION
86
200227
EA
12
DATA CARTRIDGE TAPE, 150 MBYTES, 3M OC6150
BRAND
87
200226
BX
108
3.5 DISKETTE DS/HD FORMATTED (10/BOX)
BRAND
88
200300
EA
148
CASSETTES, COMMUNICATION SERIES, MAXELL C900
BRAND 14AME
89
200400
EA
136
AIGNER #50-176 PHONE MEMO BOOK (6/BOX)
BRAND NAME_-.__
90
200008
BX
32
SPR-09090 9 X 12 CLASP ENVELOPES (1001BOX)
BRAND NAME----------- __ _-_- ----- -- .
91
200009
BX
8
INTERDEPT. ENVELOPES 10 X 13 (100/BOX)
BRAND NAME -----------_-__--
92
200410
PKG
12
EXPENSE REPORTS, WILSON JONES 44-952
BRAND NAME--- ---_----.--___ --
93
200156
BX
5
ITOYA GRIPPER BALL PEN BLACK MEDIUM OH2O-BK
BRAND NAME-
94
200154
BX
3
ITOYA GRIPPER BALL PEN BLUE MEDIUM OH2O-BE
BRAND NAME__
95
200153
BX
6
ITOYA GRIPPER BALL PEN BLACK FINE OH10-BK
BRAND NAME_
96
200152
BX
2
ITOYA GRIPPER BALL PEN BLUE FINE OH10-BE
BRAND NAME
97
200121
EA
12
PRINTER RIBBON AUTO INKING FOR IBM 4232
IBM BRAND ONLY
98
200122
EA
32
PRINTER RIBBON AUTO INKING FOR IBM 6408
IBM BRAND ONLY
99
200123
EA
16
PRINTER RIBBON EPSON ERC-31 BRAND ONLY
100
200125
EA
16
PRINTER RIBBON NUKOTE PM335
101
200072
EA
25
STORAGE BOX W/LIDS LETTER/LEGAL
PERMA- HIGH PERMANENCY #10042 ONLY
102
200126
EA
16
IBM LASER PRINTER CARTRIDGE IBM 1380850 ONLY
103
NIA
MISCELLANEOUS ITEMS: THIS WILL INCLUDE
OFFICE SUPPLIES LISTED IN CATALOG THAT
ARE NOT LISTED ON THIS BID SHEET, SHOW
THE "ACROSS THE BOARD" DISCOUNT FROM YOUR
LIST PRICE T14AT WILL BE AVAILABLE TO THE CITY
NO RESPONSE:
APPROXIMATE OFF CONTRACT OFFICE SUPPLIES ORDERED
Heritage Printing & Office Supplies
Progressive Office Systems, Inc.
Bates
Walker Enterprises
SabreData
uwT
Office Furniture
PRICE
Corporate Express
B.T. Miller
Distributor
11.05
132.60
9.95
119 40
10.90
130.80
18.24
218.88
5.73
618.84
4.90
529.20
5.65
61020
6 39
690.12
1.56
230.88
1.02
150.96
0.89
131.72
1.18
174.64
4.46 - -
60656
1.86
252 96 _
223 -_
303.28
-_5.36 _
728.96
4 58
14656
4.79
------------
15328
506
16192
7.60
24320
10.33
8264
9.95
79.60
19.07
152.56
15.35
122.80
702 _ _
84 24
5.15 _
61.80
__26.23 _
314.76
_ 604 ^_
72.48
8 71
43.55
6.36
31.80
6.00
30.00
T44
37.20
811 _ _
26 13
_ 636
1908 _6.72
20.16
7.44
2232
_
8 71
52.26
6.36
38.16
6.72
4032
744
4464
8.71
17.42
636
12.72
6.72
13.44
7.44
14.88
29.05
348.60
24.95
299.40
11.40
136.80
1625
195.00
9.44
30208
8.40
26880
8.82
282.24
7.33
234.56
10.07
161.12
8.95
143.20
7 42
118.72
N/B
0.00
10.34
16544
4.60
73.60
27.98
44768
5.22
83.52
2 98
74.50
0.60
1500
2.29
57.25
2.35
68.75
_137.24
2,195 84
12600
2.016.00
135.45 _
2.167.20
200.41 _
3,206.56
16.530.44
12,481.22
14.744 90
17,992.25
0.45
0.44
0.42
0.35
Total for year w/discount
28,080 44
24,241.22
26.924.90
31.642.25
$21,000.00
Council meeting date: 7-11-95
AGENDA ITEM COVER SHEET
Item No. 0
SUBJECT
Authorization for the Mayor to execute an agreement with the Institute for Finance and Economic
Development for professional grant management services for the Reedholm Instruments grant.
ITEM SUNEVIARY
The City received a grant (pass -through loan) for the purchase of land and construction of a building for
Reedholm Instruments. Linda Dane with the Institute for Finance and Economic Development prepared
the application and did all the preparatory work for this application.
The attached contract has been prepared and would allow her to administer the grant program. She has
previously administered the grant for the Sierra Microwave Technology and PR2 fadilities.
The administrative costs in the contract will be paid for through the grant proceeds. Therefore there will
be no financial obligation on the part of the City.
ATTACHMENTS
1. Proposed contract
Submitted by.
Bob Hart, City Manager
THE STATE OF TEXAS )
CITY OF GEORGETOWN
COUNTY OF WILLIAMSON ) AGREEMENT FOR
PROFESSIONAL GRANT
CITY OF GEORGETOWN ) MANAGEMENT SERVICES FOR
REEDHOLM INDUSTRIES
This is an agreement by and between the CITY of Georgetown, a Texas Home Rule
Municipal Corporation (hereinafter "CITY") and The Institute for Finance and Economic
Development, a sole proprietorship whose office is located in Hays County, Texas,
(hereinafter INSTITUTE) for professional grant management services for Reedholm
Industries.
1. AGREEMENT
A. The CITY agrees to: 1) employ INSTITUTE to provide professional grant
management services; 2) provide INSTITUTE with reasonable access to all CITY codes and
ordinances; 3) assign the staff accountant of the City's Accounting Department as the
designated contact employee for all matters pertaining to this award.
B. The INSTITUTE agrees to: 1) provide professional grant management services; 2)
become knowledgeable of the City's codes and ordinances prior to performing any services
under this Agreement; 3) abide by Title 1 of the Housing and Community Development Act
of 1974, as amended and of the corresponding Community Development Block Grant final
and all applicable CITY ordinances and State and Federal laws.
The INSTITUTE specifically agrees to the items listed in Exhibit B incorporated
herein. Exhibit B is not meant to limit INSTITUTE'S responsibility to abide by all federal,
state and local laws, regulations or rules.
2. SCOPE OF SERVICES
The INSTITUTE will:
A. Assist the City to strengthen local capacity building;
B. Work one on one (on -site project implementation) with the City's staff, the
private business to be assisted, the architect, the engineer, the contractors, the
consultants and the Texas Department of Housing and Community Affairs
representatives throughout the contract period to discuss program guidelines
and project implementation as provided for in this agreement and as more fully
described in the attached Exhibit A which is incorporated herein;
C. Fill out and file Performance assessment reports in a timely manner;
D. Submit close-out documents in accordance with program guidelines;
E. Notify the City immediately of any problems that arise during the progress of
Institute Agreement for Reedhohn Industries 1
the project;
F. Provide suggested solutions to any identified problems that arise during the
progress of the project;
G. Attach a cover sheet from the City to any document that is sent to the State;
H. Coordinate all aspects of the project in a timely manner with the City's
designated contact employee;
3. PROFESSIONAL SERVICES FEES
The CITY agrees to pay INSTITUTE a total of $45,750.00 of the administrative funds
from the State of Texas for the services described above. Administrative funds are those
identified in the Texas Department of Housing and Community Affairs (hereinafter
TDHCA) Contract with the City of Georgetown. Payments shall be made as billed by
INSTITUTE. The INSTITUTE understands that the CITY cannot contract for services in
excess of a cumulative total of $15,000.00 without the express written approval of the CITY
Council, in accordance with the Georgetown City Charter.
4. _ TERM OF AGREEMENT
This Agreement -shall be effective February 1, 1995 and shall remain in effect until the
closure of the grant by the State.
5. TERMINATION
This Agreement may be terminated by either party upon thirty (30) 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 agreement shall be
discontinued immediately. INSTITUTE shall submit an invoice and the CITY shall pay the
INSTITUTE the fees for all work actually performed under this Agreement, less all payments
that have been previously made. If INSTITUTE should terminate the Agreement,
INSTITUTE shall remain responsible for performing the services requested by the CITY until
the expiration of the thirty -day period, or at some earlier date upon written agreement of the
CITY.
6. INDEPENDENT CONTRACTOR
INSTITUTE is an Independent Contractor and shall be responsible for the final
product contemplated under this agreement.
INSTITUTE shall give personal attention to the faithful prosecution and completion of
this agreement and shall keep all records on the project during its progress.
Institute Agreement for Reedhohn Industries 2
7. OWNERSHIP OF DOCUMENTS
CITY shall have exclusive title and ownership of all documents, publications,
brochures, reports, data, and any supporting data, in any form or media, produced by the
INSTITUTE pursuant to this project. All such works shall be deemed works -for -hire and
shall be delivered to the CITY prior to the termination of this agreement. These works may
only be used by the INSTITUTE for the performance of the INSTITUTE's services under this
agreement. CITY shall have sole ownership of all copyright interest in any documents
produced by INSTITUTE pursuant to this Agreement, to the extent that any such documents
may be copyrighted.
8. CONFIDENTIAL WORK
Any reports, information, project evaluation, project designs, data, or other
documentation developed by INSTITUTE hereunder given to or prepared by or assembled by
the INSTITUTE will not be made available to any individual or organization by the
INSTITUTE without prior written approval of the CITY.
9. CONFLICT OF INTEREST
INSTITUTE covenants that during the contract period neither INSTITUTE nor any of
its associates or employees, will have any interest or shall not acquire any interest, direct or
indirect, which will conflict in any manner or degree with the performance of the services to
be performed under this contract. INSTITUTE further agrees that none of its paid personnel
shall be employees of the CITY or have any contractual relationship with the CITY. All
activities, investigations, and other efforts made by INSTITUTE pursuant to this contract shall
be conducted by employees, associates, or independent contractors of INSTITUTE.
INSTITUTE further understands and agrees that the Charter of the City of Georgetown
prohibits any officer or employee of the CITY from having any financial interest, direct or
indirect, or any contract with the CITY outside of employment. Any violation of this
paragraph with knowledge, expressed or implied, by INSTITUTE shall render this contract
voidable by the City Manager of the City of Georgetown or the City Council.
10. INDEMNIFICATION
INSTITUTE 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, suites 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 INSTITUTE under this
agreement, such indemnity shall apply whether the claims, losses, damages, causes of
action, suites of liability arise in whole or in part from the negligence of CITY.
Institute Agreement for Reedholm Industries 3
INSTITUTE assumes full responsibility for the work to be performed hereunder,
and hereby releases, relinquishes and discharges CITY, its officers, agents and
employees, from all claims, demands, and causes of action of every kind and character
including the cost of defense thereof, for any injury to, including death of, person
(whether they be third persons, contractor, or employees of either of the parties hereto)
and any loss of or damage to property (whether the same be that either of the parties
hereto or of third parties) caused by or alleged to be caused by, arising out of, or in
connection with INSTITUTES' work to be performed hereunder whether or not said
claims, demands and causes of action in whole or in part are covered by insurance
regardless of whether such loss, damage, or injury was caused by CITY. CITY, by this
agreement does not give consent to litigation.
11. WARRANTY
INSTITUTE, its employees, agents and associates warrant that its performance under
this Agreement shall be of the highest quality and standards for the industry. Approval of the
City should not be, constitute, or be deemed a release of the responsibility and liability of the
INSTITUTE, its employees, agents, or associates, for the exercise of skill and diligence to
promote the accuracy and competency of the INSTITUTE's,work on this project, nor shall
approval be deemed to be the assumption of such responsibility by the CITY with respect to
any defect or error in the INSTITUTE's work.
12. NOTICE
Notice as required by this contract shall be delivered in writing to the parties at the
following locations:
CITY:
Laurie Brewer
Division of Finance
P.O. Box 409
Georgetown, Texas 78627
13. AMENDMENTS
INSTITUTE:
Linda Dane
The Institute for Finance & Economic Development
16226 Remuda Trail
Buda, TX 78610
This agreement contains the entire understanding of the parties. No amendment will
be effective except as evidenced in writing and signed by all parties.
14. PERFORMANCE OF CONTRACT
The parties agree that all acts required to be performed under this Agreement are
performable solely in Williamson County, Texas.
Institute Agreement for Reedhohn Industries 4
SIGNED THIS day of , 1995.
CITY OF GEORGETOWN THE INSTITUTE FOR FINANCE AND
ECONOMIC DEVELOPMENT
Leo Wood, Mayor
Attest:
Sandra D. Lee, City Secretary
Approved:
Marianne Landers $anks
City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
Linda Dane
§ ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
1995, by Linda Dane in her capacity as sole proprietor for The Institute for Finance and
Economic Development.
Notary Public in and for
the State of Texas
Institute Agreement for Reedhohn Industries 5
EXHIBIT A
ADMINISTRATIVE SERVICES
In addition to the responsibilities delineated in the attached agreement, the Institute
agrees to the following scope of work:
1. General Requirements
a) Provide all documents as needed by the City's designated contact person in a
timely manner.
b) Notify City's designated contact person well in advance of time, nature and
purpose of meeting with state agency or consultants.
c) Timely submit all documents as needed for the City Attorney to prepare loan
agreements, lease agreements, construction documents required by the City,
State or Federal law.
2. Project Management
a) Establish a records maintenance and retention system, which will be maintained
by INSTITUTE, including at least the files listed below. These files may be
maintained off -site; however, INSTITUTE shall deliver files to the City within
24 hours of request.
1) Job creation/retention file which also document low and moderate
income beneficiaries.
2) Environmental Assessment file.
3) Property management file.
4) Acquisition file including Uniform Act documentation.
5) Equal Opportunity file.
6) Contracts/Procurement file for consultant, accounting firm, contractor,
independent appraiser.
7) Labor Standards file.
8) Monitoring file.
Institute Agreement for Reedhohn Industries 6
9) Correspondence file.
10) Quarterly reports file.
11) Financial Management file.
b) Adequately protect all files from theft, fire, etc.
c) Only remove files once they have been signed out with the City.
d) Provide status of grant on weekly basis, including pertinent meetings with
contractors, consultants and state agencies.
e) Establish and maintain a file related to benefit of low/moderate income persons
from contract activities.
fl Review all sections of the Texas Department of Housing and Community
Affairs (hereinafter TDHCA) contract for accuracy.
Y
g) Address and clear all applicable TDHCA contract special conditions.
h) Review the City's designated depository/authorization signature form and
submit to the City for their review, execution and submission to TDHCA.
i) Prepare and maintain all project reporting requirements, including but not
limited to:
1) Quarterly Progress Reports
2) Financial Reports
3) Compliance Reports (MBE, Labor Compliance, etc.)
j) Assist the City with preparation of Budget/Program Amendments and
determine the effects of amendments on previously completed required
documents.
k) Assist City in complying with Uniform Act requirements.
3. Financial Management
a) Establish and maintain financial records consisting of registers, journals, and
ledgers.
Institute Agreement for Reedhohn Industries 7
b) Organize and maintain financial files.
c) Maintain the City's TDHCA accounting operations.
1) Prepare draw down requests for execution by the City in a timely
manner. At no time shall the Institute hold a reimbursement request of
greater than $10,000 for more than 30 days unless authorized to do so
by the City. Copies of draw down requests shall be submitted to City
contact person immediately upon submission to State.
2) Review invoices for payment and file backup documentation and submit
to the City for review.
3) Enter transactions in bookkeeping records.
4) Reconcile banks statements, if separate bank account for project is
maintained.
5) Prepare financial reports.
d) Maintain property management and control records.
e) Assist the City with establishing procedures to handle the use of TDHCA
program income, if applicable.
fl Make certain all funds are received and disbursed according to State and
Federal guidelines.
4. Environmental Review
a) Establish and maintain environmental review file records (Section 20 of the
TDHCA contract).
b) Review for compliance environmental assessment done by Environmental
Certifying Officer.
c) Coordinate activities with those of any other federal or state agency responsible
for implementing applicable environmental laws.
d) Maintain documentation, at a minimum, of the survey, legal description,
recording and transfer of title for each parcel of real property acquired.
e) Maintain appropriate acquisition records for each parcel acquired.
Institute Agreement for Reedhohn Industries 8
5. Acquisition
a) Determine what category/type of acquisition is required for the TDHCA
project.
b) Maintain documentation of ownership on file for the City owned property
and/or rights -of -way.
c) Maintain a separate acquisition file for each parcel of real property acquired.
d) Maintain documentation, at a minimum, of the survey, legal description,
recording and transfer of title for each parcel of real property acquired.
e) Maintain appropriate acquisition records for each parcel acquired.
f) If acquisition requires donation procedures and the uniform act is applicable,
the following will be accomplished:
1) Prepare for distribution and document file with the preliminary
acquisition notices.
2) Document file regarding evidence of receipt of the notices.
3) Assist the City with the procurement services of a qualified independent
appraiser to prepare appraisal which establishes fair market value and
document file.
4) Invite owner to accompany the appraiser and document file unless the
owner of the property has released the City from obtaining an appraisal.
5) Review the appraisal report format if an appraisal is required.
6) Prepare notice to the property owner in writing to establish just
compensation for donated property prior to the actual donation.
7) Prepare a release for all property owners who voluntarily donated
property to the City, a signed waiver of uniform act rights and benefits.
8) Prepare for purchase and payment, including provision of the purchase
and receipt of payment, proof of recording of deed, provision of owner
with statement of his/her rights under the uniform act, and preparation
and distribution of written notices and determinations not to purchase if
the City determines not to acquire the property.
Institute Agreement for Reedholm Industries 9
9) Address and document file all appeals related to acquisition matters, if
applicable.
(g) If acquisition requires donation procedures and involves the use of a internal
valuation process, the following will be accomplished:
1) Establish a straightforward written method for an internal valuation
process that can be applied fairly, equitable and consistently to all
portions of property needed for the TCDP project that establishes fair
market value of all affected properties.
2) Obtain information for each property needed from the appropriate tax
appraisal district regarding the most recent valuation of same.
3) Prepare letters inviting donations of permanent easements and rights -of -
way from property owners which included a description of the need for
the property, a clear statement regarding benefits of the project to the
individual and the City, and accurate drawn rendering, and statement to
appraise property at fair market value and to offer just compensation at
the owner's request, statement that the property owner is not obligated
to donate the property.
4) Provide for provisions for appropriate and documented responses of
property owners.
5) Prepare release to donate the property for the property owner and a
waiver of rights concerning the property via the execution of agreement
to donate real property to a public agency.
h) If acquisition requires voluntary procedures, the following must be
accomplished:
1) Prepare for publication a public solicitation notice prior to any voluntary
acquisition activities which explains that unless the City and property
owner reach mutually agreeable terms and conditions on the sale, the
City could not otherwise acquire such Property.
2) Assist the City in negotiation with property owners that voluntarily
propose to, sell such property to reach mutually acceptable terms and
conditions of sale.
6. Equal Opportun tv
a) Assist the City with compliance with applicable federal and state laws, orders
Institute Agreement for Reedhohn Industries 10
and regulations related to fair housing and equal employment opportunity.
b) Assist the City with incorporating, implementing and documenting activities
which ensure that the City is affirmatively furthering fair housing.
c) Assist the City with incorporating, implementing and documenting compliance
with applicable equal employment opportunity provisions.
1) Personnel policies and practices;
2) Affirmative Action Plan/Section 3;
3) Complaint procedures.
d) Monitor the business to be assisted with TCDP funds to ensure that required
non-discriminatory and equal opportunity regulations have been followed.
e) Monitor the construction contractor to ensure that required non-discriminatory
and equal opportunity regulations have been followed.
1) Check for inclusion of all applicable equal opportunity provisions and
certifications in bid packet;
2) Section 3 Plan/Affirmative Action Plan;
3) Monthly Utilization Report.
f) Maintain central records and compliance with reporting requirements.
1) Monthly Utilization Report (if construction completed using force
account labor).
2) Minority Business Enterprise Report.
3) Record of all final project beneficiaries by ethnicity and gender.
4) Private Business Employment Report.
7. Contracts/Procurement
a) Establish, maintain general procurement procedures that satisfy the objectives
contained in OMB Circular A-102, Attachment O.
Institute Agreement for Reedhohn Industries 11
1) Maintain record keeping/compliance documentation;
2) Assist the City with establishing contract administrative procedures to
verify financial contractual and programmatic compliance.
8. Labor Standards
Project Construction through the Bid/Contract Process
a) Accomplish remaining environmental clearance requirements and assist the City
or the engineer with clearance of all other special contract conditions.
b) Assist the City with the appointment of local labor standards compliance
officer and submit copy of same to TDHCA and perform those duties, if so
designated.
c) Completion of all acquisition of real property; easements; rights -of -way needed
for the project.
d) Prepare notice of contract award and pre -construction conference.
e) Hold pre -construction conference and prepare copy of report/minutes, submittal
of same to TDHCA.
fl Submittal or reports of additional classification and rates (if applicable).
g) Accomplish review of weekly payroll records and statements of compliance,
including enforcement of compliance activities.
h) Review and processing of progress payments.
i) Review certificate of construction completion and issuance of clear lien
certificate and document files.
9. Job Creation/Retention
a) Provide the business to be assisted with TCDP funds with documents to
facilitate job reporting to the City.
b) Contact the business to be assisted with TCDP funds to obtain data to prepare
quarterly Private Business Employment Reports to TDHCA.
c) Prepare quarterly TDHCA Private Business Employment Reports.
Institute Agreement for Reedholm Industries 12
d) Submittal of quarterly Private Business Employment Reports to TDHCA.
e) Monitor Corporation's progress for compliance with its hiring plan and goals.
f) Obtain documents from Corporations to monitor Corporation's Commitment to
the Jobs Training and Partnership Act (JTPA), if any.
10. Audit/Close-out Procedures
a) Prepare the final project completion report, including description of all TCDP
contract activities, LMI beneficiaries documented, and a final MBE report and
a summary monthly employment utilization report.
b) Prepare the City's responses to any monitoring findings to TDHCA that relate
to this project.
c) Prepare the Certificate of Completion and submit to the City for review and
submission to TDHCA.
d) If applicable, assist the City with resolving any third -party claims against the
project.
e) If applicable, prepare a revised Certificate of Completion and submit to the
City for review and submission to TDHCA following the resolution of any
third -party claims.
f) Assist the City with a notice to TDHCA within 30 days of the contract end
date of the City's intent to secure audit services.
g) Assist the City in the procurement of the services of a qualified and
independent auditor, if necessary.
h) Provide the auditor with copies of TCDP audit guidelines.
i) Discuss with the auditor the obtaining of a Federal Cognizant Agency.
j) Make all records available to the auditor.
k) Submit three copies of the audit report to TDHCA, within 30 days of
completion of the audit.
1) Resolve all audit findings, if applicable.
m) Prepare for processing final payment/draw downs.
n) Return all project files to the City in a timely manner.
Institute Agreement for Reedholm Industries 13
EXHIBIT B
FEDERAL LAWS
The Institute agrees to but is not limited to the following:
SECTION ONE
Equal Employment Oppo�. During the performance of this Agreement, The
Institute agrees as follows:
a) The Institute will not discriminate against any employee or applicant for
employment because of race, creed, sex, color or national origin.
b) The Institute will, in all solicitation or advertisements for employees placed by
or on behalf of The Institute, state that all qualified applicants will received
consideration for employment without regard to race, creed, color, sex, or
national origin.
c) The Institute will cause the foregoing provisions to be inserted in atl
subcontracts for any work covered by this Agreement so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contract or subcontracts for standard commercial supplies or
raw materials.
d) The Institute will comply with all provisions of Executive Order 11245 of
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
e) The Institute will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations and order of
the Secretary of Labor, or pursuant thereto, and will permit access to its books,
records, and accounts by the City's auditor and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations
and orders.
f) In the event of The Institute's non-compliance with the non-compliance clauses
of this Agreement or with any of such rules, regulations or orders, this
Agreement may be canceled, terminated, or suspended in whole or in part and
The Institute may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order 1124 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as other wise provided by
law.
Institute Agreement for Reedholm Industries 14
g) The Institute will include the provisions of the paragraphs (a) through (g) in
every subcontract or purchase order unless exempted by rules, regulations or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Institute will take such action with
respect to any subcontract or purchase order as the City may direct as a means
of enforcing such provisions including sanctions for non-compliance: Provided,
however, that in the event The Institute becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by
the City, The Institute may request the United States to enter into such
litigation to protect the interests of the United States.
SECTION TWO
Civil Rights Act of 1964. The Institute agrees to abide by the following: Under Title
VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded form participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
SECTION THREE
Section 109 of the Housing and Community Development Act of 1974. The Institute
agrees to abide by the following: No person in the United States shall on the grounds of
race, color, national origin, or sex be excluded from participating in, be denied the benefits
or, or be subjected to discrimination under any program or activity funded in whole or in part
with funds made available under this title.
SECTION FOUR
"Section 3" Compliance in the Provision of Training Employment and Business
Opportunities. The Institute agrees to abide by the following:
(a) The work to be performed under this Agreement is on a project assisted under
a program providing direct Federal financial assistance form the Department of
Housing and Urban Development and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
171 u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area
and contract for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing
in the area of the project.
(b) The parties to this Agreement will comply with the provision of said Section 3
and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development set forth is 24 C.F.R. 235, and all applicable rules and
orders of the Department issued thereunder prior to the execution of this
Institute Agreement for Reedholm Industries 15
Agreement. The parties to this Agreement certify and agree that they are under
no contractual or other disability which would prevent them from complying
with these requirements.
(c) The Institute will send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment or training.
(d) The Institute will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the City or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The
Institute will not subcontract with any subcontractor where is has notice or
knowledge that the latter has been found in violation of regulations under 24
C.F.R. Part 135 and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
(e) Compliance with the provisions of Section 3, the regulations set forth in 24
C.F.R. Part 135, and all applicable rules and orders of the Department issued
hereunder prior to the execution of the Agreement, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and
subcontractors, its successors and assigns to those sanctions specified by the
grant or loan agreement or contract through which federal assistance is
provided, and to such sanctions as are specified by 24 C.F.R. Part 135.
SECTION FIVE
Section 503 Handicapped (if $2,500 or Over) Affirmative Action for Handicapped
Workers.
(a) The Institute will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any position
for which the employee or applicant for employment is qualified. The Institute
agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discriminations based
upon their physical or mental handicap in all employment practices such as the
following: Employment, upgrading, demotion or transfer, recruitment,
advertising layoff or terminations, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
Institute Agreement for Reedhohn Industries 16
(b) The Institute agrees to comply with the rules, regulations, and relevant orders
of the Secretary of labor issued pursuant to the Act.
(c) In the event of the Institute's non-compliance with the requirements of this
clause, actions for non-compliance may be taken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issues pursuant to the
Act.
(d) The Institute agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director,
provided by or through the contracting officer. Such notices shall state the
Institute's obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
(e) The Institute will notify each labor union or representative of workers with
which it has a collective bargaining agreement or other contract understanding,
that the Institute is bound by the terms of Section 503 of Rehabilitation Act of
1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
(f) The Institute will include the provisions of this clause in every subcontract or
purchase order of $2,500 or more unless exempted by rules, regulations, or
orders of the Secretary issued pursuant to Section 503 or the act, so that such
provisions will be binding upon each subcontractor with respect to any
subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action
for non-compliance.
Institute Agreement for Reedhohn Industries 17
Council Meeting Date. July 11, 1995 Item No. P
AGENDA ITEM COVER SHEET
SUBJECT
Approval of Revised Escrow Agreement to Change Escrow Agent for 1995 Series Revenue Bonds Issued in May
1995.
ITEM SUMMARY
The City issued $5.2 million in revenue bonds for sewer projects in May 1995. The bonds were sold to the Texas
Water Development Board (TWDB). TWDB requires funds to be held in escrow until the construction contracts
are approved. Staff recommends that the escrow agent for bond proceeds be changed from Hartland Bank to
the Texas Treasury Safekeeping Trust Company (Texpool). This will allow higher interest earnings on these
funds and decrease the administrative burden both for staff' and Hartland Bank.
SPECIAL CONSIDERATIONS
none
FINANCIAL YMPACT
Texpool is currently earning 6.09% compared to 3.5% earned at Hartland.
COMMENTS
This arrangement is also preferable with Hartland Bank officials.
ATTACHMENTS
Proposed Resolution
Assignment Agreement
Escrow Agreement
Submitted By:
Susan L
Morgan, Director of Finance and Administration
RESOLUTION NO.
RESOLUTION APPROVING ASSIGNMENT AGREEMENT RELATED TO
THE ESCROW AGREEMENT FOR "CITY OF GEORGETOWN, TEXAS
UTILITY SYSTEM REVENUE BONDS, SERIES 1995"
WHEREAS, the City of Georgetown, Texas (the "City") has previously issued its Utility
System Revenue Bonds, Series 1995 (the "Bonds"); and
WHEREAS, in connection with the issuance of the Bonds, the City entered into an
Escrow Agreement dated June 20, 1995 between the City and Hartland Bank, as Escrow Agent,
which Agreement governs the expenditure of certain Bond proceeds in accordance with the Texas
Water Development Board rules and regulations; and
WHEREAS, the City desires to transfer the Escrow Agent function to the Texas Treasury
Safekeeping Trust Company and the City agrees to look only to the Texas Treasury Safekeeping
Trust Company to perform the function and discharge the obligations otherwise imposed upon
Hartland Bank under the Escrow Agreement and that Hartland is relieved of any continuing
obligation to perform the functions or discharge the obligations otherwise imposed upon Hartland
Bank under the Escrow Agreement.
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 Utilities/Energy Policy 5 of the Century Plan - Policy Plan Element, which states:
"Water, wastewater, electricity and solid waste collection services meet the immediate and future
needs of all citizens and encourage and provide for economic development; " and further finds that
the enactment 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. The City hereby approves the Assignment Agreement attached hereto and the
Mayor is authorized to execute the Assignment Agreement attached hereto.
Section 3. This resolution shall be effective immediately upon adoption.
GEORGL TOWN/U'1'll.fryn-3.93.RF5: 7/3/93
RESOLVED this I Ith day of July, 1995.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
GEORGi TOWN/UTILI'ryn-3-93.RGS: 7/3/95
THE CITY OF GEORGETOWN:
By: LEO WOOD
Mayor
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT (this "Assignment"), dated as of July 11, 1995,
to be effective as of the date set forth on the second page hereof (the "Effective Date"), is entered
into by and between HARTLAND BANK ("Assignor") and TEXAS TREASURY
SAFEKEEPING TRUST COMPANY ("Treasury"), and is approved by the CITY OF
GEORGETOWN, TEXAS ("City").
RECITALS
WHEREAS, the City and Assignor have previously entered into an Escrow Agreement
dated as of June 20, 1995 (the "Escrow Agreement") attached hereto as Exhibit "A"; and
WHEREAS, at the request of the City, the Treasury has requested, and does hereby
request, Assignor to sell, grant, transfer, assign and convey to the Treasury all of Assignor's
rights, titles, benefits, interests, liens, security, privileges and claims now or hereafter held by
Assignor arising out of, pursuant to or in connection with the Escrow Agreement and Assignor
has agreed, and does hereby agree, to make such sale, grant, transfer, assignment and conveyance
to the Treasury;
NOW, THEREFORE, in consideration of the covenants and agreements contained herein
and for other good and valuable consideration, the parties hereto agree as follows, which
agreement shall be effective as of the Effective Date:
Section 1. For value received, the receipt and sufficiency of which is hereby
acknowledged, Assignor hereby sells, grants, transfers, assigns and conveys to the Treasury, its
successors and assigns, all of Assignor's rights, titles, benefits, interests, liens, security,
privileges and claims now or hereafter had by Assignor arising out of, pursuant to or in
connection with the Escrow Agreement.
Section 2. Assignor further represents and warrants that it has the full right, power and
authority to execute this Assignment and to make the sale, grant, transfer, assignment and
conveyance made hereby.
Section 3. The Treasury hereby acknowledges that it is obligated, and hereby agrees, to
perform all functions and to discharge all obligations otherwise imposed upon Assignor pursuant
to the Escrow Agreement, the Treasury represents and warrants that it has the full right, power
and authority to execute this Agreement and to perform such functions and discharge such
obligations.
Section 4. This Assignment shall be governed by and construed in accordance with the
laws of the State of Texas.
Section 5. The Treasury shall complete the Effective Date of this Agreement upon their
execution of this Agreement.
WITNESS THE EXECUTION HEREOF, as of 1995, to be effective
as of the Effective Date set forth below.
Effective Date:
1995
HARTLAND BANK
"Assignor"
By:
Title:
TEXAS TREASURY SAFEKEEPING
TRUST COMPANY
By:
Title:
The CITY OF GEORGETOWN, TEXAS (the "City") hereby approves the foregoing
Assignment Agreement (the "Assignment") and agrees that on and after the Effective Date set
forth above (i) the City shall look only to the Texas Treasury Safekeeping Company to perform
the functions and discharge the obligations otherwise imposed upon the Assignor (referred to in
the Assignment) under the Escrow Agreement (as defined in this Assignment) and (ii) Assignor
is relieved of any continuing obligation to perform the functions or discharge the obligations
otherwise imposed upon Assignor under the Escrow Agreement.
CITY OF GEORGETOWN, TEXAS
ESCROW AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
CITY OF GEORGETOWN §
THIS ESCROW AGREEMENT, dated as of June 20, 1995, made by and between the City
of Georgetown, Texas (herein called the "Issuer") and Hartland Bank, a banking association
organized and existing under the laws of the State of Texas (herein called the "Bank").
WITNESSETH:
WHEREAS, the Issuer has authorized, issued and sold to the Texas Water Development
Board, an agency of the State of Texas, the City of Georgetown, Texas Utility System Revenue
Bonds, Series 1995, dated June 1, 1995, in the aggregate principal amount of $5,200,000, (the
"Bonds"); and
WHEREAS, the Texas Water Development Board has requested that the proceeds from
the Bonds be deposited into an Escrow Account to be held by the Escrow Agent pursuant to this
Escrow Agreement until the Development Fund Director of the Texas Water Development Board
authorizes the release of such moneys from the Escrow Account into the Construction Fund as
established by the Issuer pursuant to the Ordinance authorizing the Bonds; and
WHEREAS, the Bank is a commercial bank, located in the State of Texas, is a member
of the Federal Deposit Insurance Corporation, and is otherwise qualified and empowered to enter
into this Escrow Agreement.
NOW, THEREFORE, in consideration of the mutual agreements herein contained and in
consideration of Ten Dollars ($10.00) duly paid by the Issuer to the Bank concurrently herewith,
the receipt whereof is hereby acknowledged, and in order to secure the delivery of the Bonds, the
parties hereto mutually undertake, promise and agree for themselves, their respective
representatives, successors, and assigns, as follows:
1. There is hereby deposited by the Issuer with the Bank, to be held in a special
Escrow Account designated as the City of Georgetown, Texas Utility System Revenue Bonds,
Series 1995 Escrow Account (the "Escrow Account") from the sale of the Bonds which will be
held therein until the Development Fund Director, or authorized representative, upon written
authorization, directs the release of such monies from the Escrow Account.
rimiu;e,u•ru.rrv: MSCROWLAGR 5122/95
2. The Bank shall invest the moneys in the Escrow Account for the benefit of the
Issuer, as directed in writing by the Issuer, and any income made from such investments shall be
deposited into the Escrow Account, and that the Development Fund Manager, on behalf of the
Texas Water Development Board, may authorize the transfer of such moneys from the Escrow
Account into the Construction Fund.
3. The moneys in this Escrow Account shall be secured in the same manner as all
other public funds of the Issuer.
4. Upon notification of the approval of the release of those moneys from the Escrow
Account by the Development Fund Manager, the Bank shall transfer such moneys together with
any interest earned on such account as directed by the Issuer.
5. The Bank shall not be liable for any act done or step taken or omitted by it or any
mistake of fact or law, except for its negligence or default or failure in the performance of any
obligation imposed upon it hereunder. The Bank shall not be responsible in any manner for any
proceedings in connection with the Bonds or any recitation contained in the Bonds.
IN WITNESS WHEREOF, the Mayor of the Issuer signed this instrument on behalf of the
Issuer, and the Issuer's official seal is affixed hereto, and the Mayor's signature is attested to by
the City Secretary and has caused this instrument to be signed in its corporate name by its
President, or one of its Vice Presidents, and sealed with its corporate seal, and attested to by a
Vice President, or Cashier, all as of the day of 1995.
d, , ly
J
City Secretary,
City of Georgetown, Texas
CITY SEAL
(;1i01MV/(111LITY: NX:1(0W.n(;It 3/17/73
Mayo ,
City of Georgetown, Texas
HARTLAND BANK
V4ee`-Presiden
Council meeting July 11, 1995 Item No. t S
AGENDA ITEM COVER SHEET
SUBJECT: Second Reading of an ordinance to rezone 1.279 acres in the Clement Stubblefield Survey
from RS, Residential Single Family to C-1, Local Commercial.
ITEM SUMMARY: The existing service station use was operating at the time of annexation and is
considered legal, non -conforming. Also on this agenda is the consideration of a Detailed Development
Plan for this site. The provisions of non -conforming status do not permit the site to be reconstructed
to the degree that is proposed at this time if the RS zoning remains. Therefore, this rezoning is
requested.
The site is located at the intersection of IH35 and SH29, one of the busiest intersections in the
City. Furthermore, IH35 has the highest volume of traffic of all roadways in the City. Given the high
traffic volume in the area and the proximity to IH35, the land is not suited for residential use. Being
in a simil-ar situation to this lot, the surrounding property does not seem to be suitable for residential use
either. The nearest residential uses are southeast of the site and across the South San Gabriel River.
The distance and the river should act as a buffer from anything occurring on this site. Any zoning
districts applied to the adjacent property should be of an equivalent or less intense classification in order
to provide the desirable stepping -down in intensity.
The SH29/IH35 interchange serves as a major entryway into the City of Georgetown. Any use
located in this area will have a dominant effect on the perception and appearance of Georgetown. The
C-2A district permits several high intensity, quasi -industrial uses such as bottling and warehousing.
Therefore, it may be appropriate to consider rezoning this property to the C-1, Local Commercial zoning
district rather than the C-2A district requested. The C-1 zoning district will permit the proposed use,
(a convenience store with fuel pumps and a car wash) but will prevent any of the more intensive uses.
Further, establishing the C-1 zoning district in this location is consistent with the C-1 zoning located on
the north side of SH29. This may help to establish a precedent that C-1 zoning is most appropriate
along this portion of SH29 when the undeveloped land in this area begins to develop.
SPECIAL CONSIDERATIONS: None.
FINANCIAL IMPACT: Consistent with City policy, the City Council approved a waiver of the $250
rezoning fee. This is the first rezoning request following annexation.
COMMENTS: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to
recommend denial of the requested rezoning from RS, Residential Single Family to C-2A, Commercial
First Height for 1.279 acres in the Clement Stubblefield Survey currently known as Murray's Texaco,
and to recommend approval of a rezoning from RS, Residential Single Family to C-1, Local
Commercial.
At its June 25,
1995, meeting the City Council voted 7-0 to approve the first reading of this
ordinance.
ATTACHMENTS: Staff report and ordinance
Submitted By:
Edward J. 'Barry, AICP - irectoi
Division �f Developmeny Services
97��_A,f, kl�-C&Ils
Hildy L.. Ki ma, AICP
Chief Planner
REZONING OF 1.279 ACRES IN THE CLEMENT STUBBLEFIELD SURVEY,
CURRENTLY KNOWN AS MURRAY'S TEXACO, LOCATED AT HI35 AND STATE
HIGHWAY 29 FROM RS, RESIDENTIAL SINGLE FAMILY TO C-2A9
COMMERCIAL FIRST HEIGHT OR ANY MORE RESTRICTIVE CLASSIFICATION
OWNER/APPLICANT: Mr. R.O. Schneider
Star Enterprises
110 Cypress Station Drive #255
Houston, Texas 77090
713/586-3616 FAX 713/586-3666
AGENT: Mr. Edward E. Carroll
Carroll Consultants
2000 S. Dairy Ashford
Houston, Texas 77077
713/531-6709 FAX 713/531-0893
REQUEST: Rezoning of 1.279 acres in the Clement Stubblefield Survey as
recorded in Volume 2059, Page 672 of the Official Deed
Records of Williamson County, Texas, from RS, Residential
Single Family to C-2A, Commercial First Height or any more
restrictive classification.
FACTS:
Location: Located at IH35 and State Highway 29. SEE EXHIBIT A
Existing Site: Murray's Texaco Station and Car Wash.
Existing Zoning: RS, Residential Single Family.
Proposed Use: A Texaco fuel station, convenience store and car wash.
Surrounding Uses North: Riveroaks Shopping Center (HEB, Wal-Mart, etc.) (C-1)
and Zoning: South: Undeveloped land and West University Professional
Center (RS)
East: West University Professional Center (RS)
West: Undeveloped land and IH35 (RS)
Rezoning - Star Enterprises July 6, 1995
RZ 95-13/File: STBFD-SE.REZ Page 1
CM:CS
Century Plan: The Century Plan -Development Plan designates this location as
Intensity Level 6. SEE EXHIBIT B
Notification: The notification requirements have been completed.
HISTORY: A rezoning from RS to C-2A was requested for this property in
1991. The request was withdrawn by the applicant prior to
being presented to the Planning and Zoning Commission. That
rezoning request was in conjunction with the platting of the lot.
At that time it was determined, based on the applicant's input,
that the site did not have legal lot status and was therefore
required to plat. The applicant withdrew both the platting and
rezoning request due to the magnitude of the requirements for
approval. At this time the applicant has provided staff with
information indicating that the existing lot has legal lot status.
Therefore, the lot is not required to be platted at this time.
A lot can have legal lot status if it was either platted or deed
divided and recorded prior to May 10, 1977.
ANALYSIS: Given the fact that the previous rezoning request was withdrawn,
this is being handled as the first requested rezoning since the
land was annexed. According to standard procedure at the time
of annexation, the land was automatically assigned an RS zoning
district classification. The existing service station use was
operating at the time of annexation and is considered legal, non-
conforming. Also on this agenda is the consideration of a
Detailed Development Plan for this site. The provisions of non-
conforming status do not permit the site to be reconstructed to
the degree that is proposed at this time if the RS zoning remains.
Therefore, this rezoning is requested.
Rezoning - Star Enterprises
RZ 95-13/File: STEFD-SE.REZ
CM:CS
The proposed use is for a convenience store with fuel pumps and
a car wash. All of these uses are permitted in the C-1 district as
well as the C-2A and lower districts. Not only will the C-2A
district permit these uses, but it will also permit such uses as
auto repair, retail auto sales, bottling, jewelry manufacture,
drive-in theaters, newspaper publishing, transmitters, and other
uses. The lot conforms to the design standards for commercial
July 6, 1995
Page 2
lots in the Subdivision Regulations.
The site is located at the intersection of IH35 and SH29, one of
the busiest intersections in the City. Furthermore, IH35 has the
highest volume of traffic of all roadways in the City. Given the
high traffic volume in the area and the proximity to IH35, the
land is not suited for residential use. Being in a similar situation
to this lot, the surrounding property does not seem to be suitable
for residential use either. The nearest residential uses are
southeast of the site and across the South San Gabriel River.
The distance and the river should act as a buffer from anything
occurring on this site. Any zoning districts applied to the
adjacent property should be of an equivalent or less intense
classification in order to provide the desirable stepping -down in
intensity.
The SH29/IH35 interchange serves as a major entryway into the
City of Georgetown. Any use located in this area will have a
dominant effect on the perception and appearance of
Georgetown. The C-2A district permits several high intensity,
quasi -industrial uses such as bottling and warehousing.
Therefore, it may be appropriate to consider rezoning this
property to the C-1, Local Commercial zoning district rather
than the C-2A requested. The C-1 zoning district will permit the
proposed use, but will prevent any of the more intense uses.
Further, establishing the C-1 zoning district in this location is
consistent with the C-1 zoning located on the north side of
SH29. This may help to establish a precedent that C-1 zoning is
most appropriate along this portion of SH29 when the
undeveloped land in this area begins to develop. So the more
intensive, quasi -industrial uses allowed in the less restrictive
districts will not be established at this major entryway.
Fee Waiver: The applicant requests a waiver of the $250 application fee since
this is the first rezoning request subsequent to the initial zoning
assignment upon annexation. The City Council will consider this
waiver request.
Rezoning - Star Enterprises July 6, 1995
RZ 95-13/File: STBFD-SE.REZ Page 3
CM:CS
STAFF RECOMMENDATION:
Denial of the requested rezoning from RS, Residential Single
Family to C-2A, Commercial First Height for 1.279 acres in the
Clement Stubblefield Survey currently known as Murray's
Texaco. Approval of a rezoning from RS, Residential Single
Family to C-1, Local Commercial.
P & Z ACTION: At its June 6, 1995, meeting the Planning and Zoning
Commission voted 5-0 to deny the requested rezoning from RS,
Residential Single Family to C-2A, Commercial First Height for
1.279 acres in the Clement Stubblefield Survey currently known
as Murray's Texaco, and to approve a rezoning from RS,
Residential Single Family to C-1, Local Commercial.
Rezoning - Star Enterprises
RZ 95-13/File: STBFD-SE.REZ
CM:CS
July 6, 1995
Page 4
EXHIBIT B
DETERMINATION OF PERMITTED DEVELOPMENT
GIVEN A SINGLE LAND USE
1. 'DATE': May 3, 1995
'PROJECT NAME': 1.279 acres in Clement Stubblefield Survey
Murray's Texaco
2. 'GIVEN': acres of Intensity Level 1
acres of Intensity Level 2
acres of Intensity Level 3
acres of Intensity Level 4
acres of Intensity Level 5
1.28 acres of Intensity Level 6
1.28 TOTAL ACRES
3. ALLOWABLE DEMAND:
INTENSITY WATER
WASTEWATER
TRANSPORTATION
LEVEL Peak GPD
Average GPD
Peak Trip Ends
----------------------------------------------------------------------------------------
1 0
0
------------ --
0
2 0
0
0
3 0
0
0
4 0
0
0
5 0
0
0
6 26.987
----------------------------------------------------------------------
7.674
---------------------------
512
---
4. TOTAL ALLOWABLE DEMAND
Maximum GPD Water Capacity:
26.987
Maximum GPD Wastewater
Capacity
7.674
Maximum Trip Ends
512
5 PERMITTED DEVELOPMENT
(a)
(b)
(d)
POTENTIAL UNITS BY UTILITY
MAXIr;1UM
PER DEV
DEVELOPMENT
LAND USES
WATER
WASTEWATERTRANSPORTAf101
UNITS
REDS j
At
--------------------------------------------
Detached SF
J
j
Large Lot
23
27
854
23 !
3 j
3 housing units
Average Lot
27
31
577 1
27 j
9 J
9 housing units
Zero Lot Line
27
31
577 ;
27 j
12 J
12 housing units
Attached SF
42
44
4 7 1 ;
42
19
42 housing units
Multifamily
51
49
225 J
49 I
32 J
32 housing units
Mobile Home
42
40
604 1
40
J
40 housing units
Lodging
141
126
369 j
126 !
126 rooms
Institutional
78.679
83.413
608,323 J
78.679
J
78.679 square feet
Church
I
I
-with day care
87.620
92.458
32.879 1
32,879
J
32,879 square feet
-w/o day care
145.091
153,480
710.556 J
145.091 I
J
145,091 square feet
Medical Office
64.872
68.518
158,537 J
64,872 J
J
64.872 square feet
General Office
74,140
84,330
200.627 1
74,140 J
1
74,140 square feet
Retail, Mixed
41.518
47.080
30.972 J
30.972 I
J
30.972 square feet
Retail, Restaurant
17.299
15.988
44.996 1
15.988 1
15.988 square feet
Retail, Store
83,037
87.205
106,539 J
83.037 J
83,037 square feet
Employment Centers
74.140
84.330
1 1 1.801
74,140 i
j
74.140 square feet
Warehouse
473.454
548.143
852.667
473.454 J
j
473,454 square feet
Mini -Warehouse
---------------------- ------------- -----
6.746.725
---------------------------
7.674.000
1.967.692 J
1.967.692 J
I
1.967.692 square feet
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE
PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND
AMENDING PART OF THE ZONING DISTRICT MAP OF THE
ORIGINAL ORDINANCE, TO CHANGE A 1.279 ACRE TRACT IN THE
CLEMENT STUBBLEFIELD SURVEY, CURRENTLY KNOWN AS
MURRAY'S TEXACO, AS RECORDED IN VOLUME 2059, PAGE 672 OF
THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM RS, RESIDENTIAL SINGLE FAMILY TO C-1, LOCAL
COMMERCIAL; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, an application has been made to the City Council for the purpose of
changing the zoning district classification of the following described real property ("the
property"):
A 1.279 ACRE TRACT IN THE CLEMENT STUBBLEFIELD SURVEY,
CURRENTLY KNOWN AS MURRAY'S TEXACO, AS RECORDED IN VOLUME
2059, PAGE 672 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, hereinafter referred to as "the property";
WHEREAS, the City Council has submitted the proposed change in the Base Ordinance
to the Planning and Zoning Commission for its consideration in a public hearing and for its
recommendation or report; and
WHEREAS, notice of such hearing was published in a newspaper of general circulation
in ,the City; which stated the time and place of hearing, which time was not earlier than fifteen
(15) days for the first day of such publication; and
WHEREAS, written notice was given not less than fifteen (15) days before the date set
for the meeting before the Planning and Zoning Commission to all the owners of the lots within
two hundred feet of the property, as required by law; and
WHEREAS, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than
fifteen (15) days before the date set for such hearing; and
1.279 Acres in the Clement Stubblefield Survey
Rezoning Ordinance No.
Page 1 of 3
WHEREAS, the City Planning and Zoning Commission in a meeting held on June 6,
1995, recommended changing said zoning district classification of the above described property
from the RS, Residential Single Family district zoning classification to C-1, Local Commercial,
in accordance with Exhibit "A".
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 the following Policies of the Century Plan - Policy Plan Element:
1. Growth and Physical Development Policy 1, which states: "The City will ensure that
future land use patterns provide economic, cultural, and social activities to all residents,
businesses and organizations"; and
2. Growth and Physical Development Policy 2, which states: "The City's regulatory
actions will efficiently and effectively implement the Policy Statements and provide the
opportunity to seek change with reasonable effort and expense"; and
3. Growth and Physical Development Policy 4, which states: "The City will encourage
new development and infill redevelopment in the community"; and
4. Environmental and Resource Conservation Policy 1, which states: "The City will take
the steps necessary to protect the physical attributes that make Georgetown attractive";
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.
SECTION 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from the RS, RESIDENTIAL
SINGLE FAMILY district to C-1, LOCAL COMMERCIAL district, in accordance with Exhibit
"A", which is attached hereto and incorporated by reference herein, is hereby adopted by the
City Council of the City of Georgetown, Texas.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 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.
1.279 Acres in the Clement Stubblefield Survey
Rezoning Ordinance No.
Page 2 of 3
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 in (10)
ten days on and after publication in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the day of , 1995.
PASSED AND APPROVED on Second Reading on the day of . 1995.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
1.279 Acres in the Clement Stubblefield Survey
Rezoning Ordinance No.
Page 3 of 3
THE CITY OF GEORGETOWN:
By: LEO WOOD
Mayor
Council meeting T
e g date. 7-11-95 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Consideration and first reading of an ordinance providing for the annexation into the City of: approximately
354 acres located south of Westinghouse Road (CR111) and east of the existing City limit boundary and
the Pottery and More property.
ITEM SUMMARY
On April 25, 1995, the City Council passed a resolution to adopt the proposed service plans and set the
public hearing dates for the annexation of these properties. Two (2) public hearings were held, on May 23,
1995, and on June 13, 1995, as required by State law, to describe and receive comments on the City's plans
for providing service to the annexation areas.
FINANCIAL IMPACT:
The service plan, which is to be adopted as a part of the annexation ordinance, describes the City services
to be provided to the areas.
CITY MANAGER COMMENTS:
I have met with the property owners along Westinghouse Road. After reviewing the plans for the
development and various alternatives for actions in lieu of annexation, I am of the opinion that the best
course of action at this point would be to simply not annex the property. This is due largely to the fact that
there are no immediate plans for development in the area, the major company with an option on the land
immediately south has elected to go elsewhere, and most importantly, at the Retreat, you requested the staff
prepare a series of discussion items from which to prepare a long-term annexation plan. Given these series
of facts, the continuation of annexation along Westinghouse Road is not warranted, and therefore, I would
recommend that this ordinance not be passed.
ATTACHMENTS
1. Proposed ordinance and exhibits
Su
Bob Hart, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LMTS OF THE CITY OF GEORGETOWN,
TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY
DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, CONSISTING OF:
APPROXIMATELY 354 ACRES LOCATED SOUTH OF WESTINGHOUSE
ROAD (CRlll) AND EAST OF THE EXISTING CITY LEMT BOUNDARY
AND THE POTTERY AND MORE PROPERTY, WHICH SAID
TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LEMT OF THE CITY OF GEORGETOWN, TEXAS AND
NOT BEING A PART OF ANY INCORPORATED AREA; PROVIDING
FOR SERVICE PLANS; REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter
of said City, Section 1.06, annex areas as allowed by State law; and
WHEREAS, notices of two (2) public hearings were published according to law in a
newspaper having general circulation in the City of Georgetown, Texas, and in the herein
described territory to be annexed not more than twenty (20) days nor less than ten (10) days prior
to those hearings; and
WHEREAS, two public hearings by the City of Georgetown, Texas, where all interested
persons were provided with an opportunity to be heard on the proposed annexation of certain
tracts of land located in Williamson County, Texas, including the following tracts described in
Exhibit A of this ordinance: APPROXIMATELY 354 ACRES LOCATED SOUTH OF
WESTINGHOUSE ROAD (CR111) AND EAST OF THE EXISTING CITY LIMIT
BOUNDARY AND THE POTTERY AND MORE PROPERTY; were held, the first being on
the 23rd day of May, 1995, and the second being on the 13th day of June, 1995; and
WHEREAS, at such public hearings, a proposed service plan was presented to and
discussed by the Council and all interested persons; and
WHEREAS, such public hearings were held not more than forty (40) nor fewer than
twenty (20) days prior to the institution of these proceedings; and
Annexation of approximately 354 acres south of Westinghouse Road
and east of the Pottery and More, Inc. property
Ordinance No.
Page 1 of 3
WHEREAS, the total corporate area of the City of Georgetown, Texas, on the 1st day
of January, 1995, was 9,577 acres; and
WHEREAS, the population of the City of Georgetown, Texas includes approximately
18,800 inhabitants; and
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction
of the City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
WHEREAS, all notices and other prerequisites of state law and the City Charter have
been complied with;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETO WN, 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 the following policies of the Century Plan - Policy Plan Element:
1. Environmental and Resource Conservation Policy 1, which states: "The Physical
attributes that make Georgetown attractive are protected"; and
2. Growth and Physical Development Policy 1, which states: "Land use patterns within
the City provide economic, cultural, and social activities to all residents, businesses and
organizations"; and
3. Growth and Physical Development Policy 2, which states: "The City's regulations
implement the policy statements and provide the opportunity to seek change with
reasonable effort and expense"; and
4. Growth and Physical Development Policy 3, which states: "Annexations procedures
and standards benefit the community";
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.
Annexation of approximately 354 acres south of Westinghouse Road
and east of the Pottery and More, Inc. property
Ordinance No.
Page 2 of 3
SECTION 2. The City Council of the City of Georgetown hereby annexes:
APPROXIMATELY 354 ACRES LOCATED SOUTH OF WESTINGHOUSE ROAD (CR111)
AND EAST OF THE EXISTING CITY LIMIT BOUNDARY AND THE POTTERY AND
MORE PROPERTY, as described in Exhibit A of this ordinance, which contains maps,
descriptions, and the service plans for the tracts.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 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 in (10)
ten days on and after publication in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the IIth day of July, 1995.
PASSED AND APPROVED on Second Reading on the day of , 1995.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
By: LEO WOOD
Mayor
Annexation of approximately 354 acres south of Westinghouse Road
and east of the Pottery and More, Inc. property
Ordinance No.
Page 3 of 3
EXHIBIT A, Page 1 of 8
Basemap Source: Williamson County Appraisal District 4/18/95 Not To Scale
EXHIBIT A, Page 2 of 8
COUNTY ROAD 111/WESTINGHOUSE ROAD AREA ANNEXATION TRACT
Generally, being out of the Barney C. Low Survey (Abstract No. 385), the Ephraim Evans
Survey (Abstract No. 212), and the J.S. Patterson Survey (Abstract No. 502), and being that
annexation tract bounded on the north side by the north margin of County Road 111 (also known
as Westinghouse Rd.), on the east side by the east margin of a tract conveyed to Charles Johnson
(848/817 of the Williamson County, Texas land records), on the south side by the south margin
of the Georgetown Independent School District, and on the west side by the east margin of a tract
conveyed to Pottery & More (2286/216 of the Williamson County land records); to include
518051, more or less, of County Road 111 roadway and right-of-way, and being 353.839 acres,
more or less, out of and a part of the following tracts of land referenced in the Williamson
County, Texas land records:
1. - Joe D. Anderson tract (Volume 848, Page 511),
2. Joe D. Anderson tract (Volume 864, Page 846),
3. Darrell S. David tract (Volume 1056, Page 173),
4. C.T. Isaacks tract (Volume 840, Page 391),
5. Ray Isaacks tract (Volume 465, Page 538),
6. Ray Isaacks tract (Volume 633, Page 235),
7. Charles Johnson tract (Volume 848, Page 817),
8. Norma S. Steele/Norma S. Steele Trustee tract (Volume 2277, Page 511 and Volume
2666, Page 192),
9. C.R. Verde tract (Volume 1560, Page 540),
10. Westbrook Metals, Inc. tract (Volume 1759, Page 695),
11. And any other parcel or parcels not listed above that might be included within the
boundary of the herein described annexation tract.
BEGINNING, for a POINT OF BEGINNING hereof, at the northeast terminus point of the
eastern line of the herein described annexation tract, said point lying in the southern margin of
County Road 111 and in the Barney C. Low Survey (A-385), and said point being in common
with the northeast corner of a 60.0 acre tract, more or less, conveyed to Charles Johnson in
Volume 848, Page 817 of the Williamson County, Texas land records, and said point being at
or near the northwestern corner of a 12.5 acre tract, more or less, conveyed to Lois H. Anderson
in Volume 2235, Page 889 of the Williamson County land records, thence proceeding as follows:
1. THENCE proceeding in a southeasterly direction along said Johnson eastern line and said
Anderson western line, to the southeast corner of Johnson, said corner being at or near
a southwestern interior corner of said Anderson, and lying in the northern line of a 263
acre tract, more or less, conveyed to Margaret, John, & William, DBA John Nash
Ranch, in Volume 487, Page 454 of the Williamson County land records;
2. THENCE proceeding in a westerly direction along the southern line of said Johnson, this
line being in common with a northern line of said John Nash Ranch, to a northwestern
interior corner of said John Nash Ranch, this corner being at or near a northeastern
corner of a tract conveyed to Joe D. Anderson in Volume 848, Page 511 of the
Williamson County land records;
EXHIBIT A, Page 3 of 8
3. THENCE leaving Johnson and continuing in a southeasterly direction along the eastern
line of said Anderson and the western line of said John Nash Ranch, to the southeastern
corner of Anderson, said corner being at or near a northeastern corner of a 203.1 acre
portion, more or less, of a tract conveyed to Margaret, John, & William, DBA John Nash
Ranch, in Volume 448, Page 326 of the Williamson County land records, and said corner
also being the southeastern terminus point of the eastern line of the herein described
annexation tract;
THENCE leaving the terminus point of the eastern line of the annexation tract and continuing
along its southern line, this line being in common with the southern line of the Georgetown
Independent School District, and with the northern line of the Round Rock Independent School
District, and proceeding as follows:
1. THENCE continuing in a southwesterly direction along the southern line of said Anderson
to the southwesternmost corner of said, this corner lying in the eastern line of a tract
conveyed to Norma S. Steele in the Williamson County land records, and said corner
being at or near a northern corner of said 203.1 acre John Nash Ranch (448/326);
2. THENCE leaving said Anderson and proceeding in a southeasterly direction along the
eastern line of said Steele tract and the western line of said John Nash Ranch (448/326),
to the southeastern corner of Steele, said corner being at or near a northern interior
corner of said John Nash Ranch;
3. THENCE continuing in a southwesterly direction along the southern line of said Steele
tract, this line being in common with a northern line of said John Nash Ranch (448/326),
to a northwestern interior corner of said John Nash Ranch, this corner being at or near
a northeastern interior corner of a 100.0 acre portion, more or less, of a tract conveyed
to said John Nash Ranch in 448/326;
4. THENCE continuing in a southwesterly direction along the southern line of said Steele,
this line lying in the northern line of said 100.0 acre John Nash Ranch, to the
southwestern corner of said Steele, this line being in common with the southeastern
corner of a 67.133 acre tract, more or less, conveyed to Ray Isaacks in Volume 633,
Page 235 of the Williamson County land records;
5. THENCE leaving Steele and proceeding in a southwesterly direction along the southern
line of Isaacks and the northern line of said 100.0 acre John Nash Ranch, to the
southeastern corner of a 4.657 acre tract, more or less, conveyed to C.T. Isaacks in
Volume 840, Page 391 of the Williamson County land records;
6. THENCE leaving said Ray Isaacks and continuing in a southwesterly direction along the
southern line of said C.T. Isaacks and the northern line of said 100.0 acre John Nash
Ranch, to the western line of the Barney C. Low Survey (A-385), this line being in
common with an eastern line of the Ephraim Evans Survey (A-212);
EXHIBIT A, Page 4 of 8
7. THENCE leaving said Barney C. Low Survey and continuing in a southwesterly direction
in the said Ephraim Evans Survey along the southern line of said C.T. Isaacks and the
northern line of said 100.0 acre John Nash Ranch, to the southwestern corner of said
C.T. Isaacks, this corner being at or near a northwestern corner of said 100.0 acre John
Nash Ranch, and being on or near the eastern line of a 200.888 acre portion, more or
less, of a tract conveyed to 'said John Nash Ranch in 448/326, and said corner being the
southwestern terminus point of the eastern line of the herein described annexation tract;
THENCE leaving the terminus point of the southern line of said annexation tract and continuing
in said Ephraim Evans Survey along said annexation tract's western line, as follows:
1. THENCE leaving said 100.0 acre John Nash Ranch tract, and continuing in a
northwesterly direction along the western line of said C.T. Isaacks, this line lying in the
eastern line of said 200.888 acre John Nash Ranch tract, and said line being a segment
of said Georgetown I.S.D. southern line, to the northwestern corner of C.T. Isaacks, this
corner being in common with the southwestern corner of a tract conveyed to Ray Isaacks
in Volume 465, Page 538 of the Williamson County land records;
2. THENCE leaving C.T. Isaacks and continuing in a northwesterly direction along the
western line of Ray Isaacks (465/538) and the eastern line of said 200.888 acre John Nash
Ranch, to the southeastern corner of a tract conveyed to Pottery & More in Volume 2286,
Page 216 of the Williamson County land records, said corner also lying in the southern
line of the existing Georgetown City Limits (as per Ordinance #95-08);
3. THENCE leaving said 200.888 acre John Nash Ranch and said Georgetown I.S.D.
southern line, and continuing in a northwesterly direction along the western line of said
Ray Isaacks and the eastern line of said Pottery & More, said line also lying in said
existing Georgetown City Limits, to the westernmost northwest corner of said Isaacks,
this corner being in common with the northeastern corner of said Pottery & More, and
said corner lying in the southern margin of County Road 111;
4. THENCE leaving said Isaacks and Pottery & More and continuing across said County
Road 111 in a northwesterly direction along said existing Georgetown City Limits, to the
northern margin of said County Road, this margin lying at. or near the southeastern corner
of a tract conveyed to J. Beasley, Jr. in Volume 759, Page 386 of the Williamson
County, Texas land records, and said corner lying in the southern line of the existing
Georgetown City Limits (as per Ordinance #86-54), and said corner being the
northwestern terminus point of the western line of the herein described annexation tract;
THENCE leaving the terminus point of the western line of said annexation tract and continuing
along its northern line, as follows:
1. THENCE leaving said J. Beasley, Jr. and proceeding in a northeasterly direction along
the northern margin of County Road 111, this line lying in common with said southern
margin of said Georgetown City Limits, and said line being in common with the southern
line of a portion of a tract conveyed to Charlie G. Barton in Volume 1976, Page 701 of
EXHIBIT A, Page 5 of 8
the Williamson County land records, to the eastern line of the said Ephraim Evans Survey
(A-212), this eastern line being in common with a western line of the J. Patterson Survey
(A-502), and said line lying on or near the southern margin of said J. Patterson Survey;
2. THENCE leaving said Ephraim Evans Survey and continuing in a northeasterly direction
along the southern lines of said J. Patterson Survey, said Barton tract, and said City
Limits, this line also lying in the northern margin of County Road 111, to the
southeastern corner of Barton, said corner also being the southwestern corner of a tract
conveyed to St. Johns Cemetery in Volume 956, Page 854 of the Williamson County land
records;
3. THENCE leaving Barton and continuing in a northeasterly direction along the southern
line of said St. Johns Cemetery, said City Limits, and said Patterson Survey, this line also
lying in the northern margin of said County Road, to the southeastern corner of said St.
Johns Cemetery, which also lies in the western margin of County Road 116;
4. THENCE leaving St. Johns Cemetery and continuing in the said Patterson Survey, and
crossing County Road 116 in a northeasterly direction along the existing Georgetown City
Limits (as per Ordinance ##86-63), to the eastern margin of said County Road 116, this
margin lying at or near the northern margin of County Road 111, and at or near the
southwestern corner of Lot 2 in Park Central One, Section 1 (Cab J, Slide 181 of the
Williamson County land records);
5. THENCE continuing in a northeasterly direction in said Patterson Survey along the
northern margin of said County Road 111 and the southern margin of said existing City
Limits, this line being at or near the southern line of said Park Central One, Lot 2, to the
western margin of ACM Way, said margin lying in the eastern line of said Lot 2, and
being at or near the southeastern corner of same;
6. THENCE continuing in a northeasterly direction in said Patterson Survey, and crossing
ACM Way along the northern margin of County Road 111 and the southern margin of
said existing City Limits line, to the eastern margin of ACM Way, said margin lying in
the western margin of a tract conveyed to John Felter in Volume 1255, Page 667 of the
Williamson County land records, and being at or near the southwestern corner of same;
7. THENCE continuing in a northeasterly direction in said Patterson Survey along the
northern margin of said County Road 111 and the southern margin of said existing City
Limits, this line being at or near the southern line of said Felter tract, to the southeastern
corner of same, said corner being on the eastern margin of said existing City Limits line,
and also lying at or near the southwestern corner of a tract conveyed to R.B. Motheral
in Volume 443, Page 3 of the Williamson County land records;
8. THENCE leaving Felter and said existing City Limits line and continuing northeasterly
in said Patterson Survey along the northern margin of County Road 111 and the southern
line of said Motheral tract, to the southeastern corner of same, said corner being at or
near the southwestern corner of a 36.5 acre portion, more or less, of a tract conveyed to
EXHIBIT A, Page 6 of 8
Margaret, John, & William, DBA John Nash Ranch, in Volume 487, Page 454 of the
Williamson County land records;
9. THENCE leaving Motheral and continuing in said Patterson Survey, crossing County
Road 111 in a southeasterly direction that is perpendicular to its centerline, to the
southern margin of same, said margin lying in the northern line of said Charles Johnson
tract and being in the said Barney C. Low Survey;
10. THENCE continuing in a northeasterly direction in said Barney C. Low Survey along the
southern margin of County Road 111 and the northern line of said Charles Johnson, and
proceeding back to the POINT OF BEGINNING of the annexation tract.
NOTE: This annexation tract description is based upon the Williamson County Appraisal District
tax parcel maps.
EXHIBIT A, Page 7 of 8
CITY OF GEORGETOWN, TEXAS
ANNEXATION SERVICE PLAN
APPROXIMATELY 354 ACRES LOCATED SOUTH OF WESTINGHOUSE ROAD
(CR 111) AND EAST OF THE EXISTING CITY LIMIT BOUNDARY AND THE
POTTERY AND MORE, INC. PROPERTY
Introduction
This service plan has been prepared in accordance with Texas Local Government Code,
Chapter 43 - Municipal Annexation. This requires that the service plan provide for the extension
of full municipal services to the area to be annexed by any of the methods by which it extends
services to any other area of the municipality.
Police Protection
Regular and routine patrolling of streets, responses to calls, and other police services will be
provided upon the effective date of the annexation.
Fire Protection and Code Enforcement
Fire protection and prevention services are currently being provided to the area through an
agreement with Williamson County. These services will continue to be provided to the area upon
the effective date of the annexation. Upon the effective date of the annexation, the City Code
Enforcement Officer will periodically patrol streets in the area to ensure that all properties are
in conformance with City Code.
Solid Waste Collection
Solid waste collection and disposal services will be provided upon the effective date of the
annexation, in accordance with the rates, terms and conditions contained in the City Code.
Water Service
Water lines will be extended in accordance with City policy. The City has a Utility Expansion
and Improvement Policy, which is described in this service plan.
Sewer Service
Wastewater lines will be extended in accordance with City policy. The City has a Utility
Expansion and Improvement Policy, which is described in this service plan.
Maintenance of Roads Streets, and Drainage
Roads, streets and drainage facilities dedicated to the public will be maintained according to City
Code and policy upon the effective date of the annexation.
Street Lighting
Street lighting will be made available upon the effective date of the annexation, upon request of
the property owners, in accordance with City Code and policy.
Annexation Service Plan, Page 1 of 2
s
EXHIBIT A, Page 8 of 8
Parks and Recreation
Parks and recreation facilities dedicated to the public will be maintained according to City Code
and policy upon the effective date of the annexation. Recreation services will be provided to all
residents in accordance with the rates, terms and conditions contained in the City Code.
Planning and Zoning
Upon the effective date of the annexation, the planning and zoning jurisdiction of the City will
extend to this area. The area will be zoned A (Agricultural), unless otherwise approved through
regular procedures.
Inspection Services
All inspection services, including building, electrical, plumbing, etc., provided by the City will
be extended to the area upon the effective date of the annexation.
Library Services
Library services will be provided to all residents in accordance with the rates, terms, and
conditions contained in the City Code upon the effective date of the annexation.
Other Services
Other services provided by the City, such as animal control, court, and general administration,
will be made available upon the effective date of the annexation, in accordance with the City
Code and policies.
Utility Expansion and Improvement Policy
City Ordinance Number 900404, a Utility Expansion and Improvement Policy, guides the
planning, design, construction, operation, and maintenance of all utility system improvements,
including water, wastewater and electrical service.
Annexation Service Plan, Page 2 of 2
Council meeting date: 7-11-95
AGENDA ITEM COVER SHEET
Item No.
SUBJECT An ordinance to adopt traffic control regulations, and designating one-way traffic in and
around Blue Hole Park/emergency reading
ITEMS Y
At the last Council Meeting you participated in a Governance Discussion on the problems relating to the
traffic congestion in Blue Hole Park. The Council requested an ordinance to allow traffic control and
possible designation of one-way traffic.
The following ordinance gives the Police Services Division the authority to enforce traffic regulations in
Blue Hole Park, including speed control and one-way traffic flow.
ATTACHMENTS
Proposed ordinance
Submitted by:
Marianne Landers Banks, City Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, REVISING THE TRAFFIC CODE OF
THE CITY OF GEORGETOWN, TEXAS, ADDING SECTION
10.12.105 RELATING TO TRAFFIC REGULATIONS IN AND
AROUND BLUE HOLE PARK AND DESIGNATION OF ONE-
WAY TRAFFIC, REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that traffic control is needed
within the boundaries of Blue Hole Park, in order to improve the health, safety and
welfare of the patrons of the park;
WHEREAS, the City Council has further determined that traffic control is
needed within the neighborhood immediately adjacent to Blue Hole Park, in order
to improve the health, safety and welfare of the residents of this neighborhood;
WHEREAS, the City Council has determined that Blue Hole Park is an
historic community asset that should be preserved as a part of the heritage of
Georgetown, and that traffic control will assist in preserving the native environment
within the park;
WI -AREAS, due to the increased usage of Blue Hole Park during the summer
months, the City Council has determined that this ordinance should be passed on
emergency reading in order to protect the health, safety and welfare of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF GEORGETOWN, TEXAS, THAT:
SECTION L 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
Blue Hole Traffic' Ordinance No.
Page 1 of 3
Environmental and Resource Conservation Policy 1 of the Century Plan - Policy
Plan Element, which states: "The City will take the steps necessary to protect the
physical attibutes that make Georgetown attractive"; Historic Preservation and
Urban Design Policy 1, which states: "The City will preserve, protect, and promote
its prehistoric, historic, and cultural resources"; Recreation and Cultural Affairs
Policy 1, which states: "The City shall encourage all citizens to actively participate
in community -wide social, cultural, and recreational activities"; 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.
SECTION 2. Section 10.12.105 of the Code of Ordinances of the City of
Georgetown, Texas is hereby added to read as follows:
"10.12.105 Blue Hole Park
A. It is determined that the prima facie maximum speed limit on all roads,
streets acid highways located within Blue Hole Park, at all times shall be �9 miles
per hour for all traffic.
B. All of the streets, roads and highways located within Blue Hole Park are
declared to be public streets.
C. It is determined that the main road through Blue Hole Park shall be
designated as one-way only:``, Z-- -_e-e_21,z.
D. It shall be illegal for any person to operate a motor vehicle in violation
of signs posted in accordance with this section."
SECTION 3. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer
of any force and effect.
SECTION 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. The City Council hereby declares that this ordinance should
be adopted on emergency passage. This ordinance shall become effective and be
Blue Hole Traffic Ordinance No.
Page 2 of 3
in full force and effect in (10) ten days on and after publication in accordance with
the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on Emergency Reading on the 11 th day of July,
1995.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Blue Hole Traffic Ordinance No.
Page 3 of 3
THE CITY OF GEORGETOWN:
M
LEO WOOD
Mayor
Council meeting date: 7-11-95 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
An ordinance on first reading to establish "no parking" areas in and around Blue Hole Park/emergency
reading
ITEMS Y
At the last Council Meeting you participated in a governance discussion concerning problems in Blue Hole
Park relating to congestion caused by cars parked on the banks of the river, denying access to pedestrians,
and interfering with emergency vehicle access.
The following ordinance gives the Police Services Division the authority to enforce "no parking" areas in
and around Blue Hole Park.
ATTACHMENTS
1. Proposed ordinance
V L
I bmitted by:
Marianne Landers Banks, City Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, REVISING THE TRAFFIC CODE OF
THE CITY OF GEORGETOWN, TEXAS, ADDING SECTION
10.16.040 RELATING TO NO PARKING AREAS IN AND
AROUND BLUE HOLE PARK; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that a limitation on the number
of vehicles that can utilize the park at any one time will assist in preserving the
natural assets of the park;
WHEREAS, the City Council has determined that limitations on parking
within the park will discourage abuse of park facilities;
WHEREAS, the City Council has determined that Blue Hole Park is an
historic community asset that should be preserved as a part of the heritage of
Georgetown, and that traffic control will assist in preserving the native environment
within the park; and
WHEREAS, due to the increased usage of Blue Hole Park during the summer
months, the City Council has determined that this ordinance should be passed on
emergency reading in order to protect the health, safety and welfare of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF GEORGETOWN, TEXAS, THAT:
SECTION L. - 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
Environmental and Resource Conservation Policy 1 of the Century Plan - Policy
Plan Element, which states: "The City will take the steps necessary to protect the
physical atti6utes that make Georgetown attractive"; Historic Preservation and
Blue Hole Parking Ordinance No.
Page 1 of 3
Urban Design Policy 1, which states: "The City will preserve, protect, and promote
its prehistoric, historic, and cultural resources"; Recreation and Cultural Affairs
Policy 1, which states: "The City shall encourage all citizens to actively participate
in community -wide social, cultural, and recreational activities"; 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.
SECTION 2. Section 10.16.040 of the Code of Ordinances of the City of
Georgetown, Texas is hereby amended to add the following section, which shall
read as follows:
"10.16.040 No parking at any time
1. C. No Parking Zones Designated. * * *
6. Blue Hole Park: any area designated as no parking zones with
appropriate signage approved by the City's Traffic Engineer;"
SECTION 3. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer
of any force and effect.
SECTION 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. The City Council hereby declares that this ordinance should
be adopted on emergency passage. This ordinance shall become effective and be
in full force and effect in (10) ten days on and after publication in accordance with
the provisions of the Charter of the City of Georgetown.
Blue Hole Parking Ordinance No.
Page 2 of 3
PASSED AND APPROVED on Emergency Reading on the 11 th day of July,
1995.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Blue Hole Parking Ordinance No.
Page 3 of 3
THE CITY OF GEORGETOWN:
m
LEO WOOD
Mayor
Council meeting date: 7/11 /95 Item No.
6k)
AGENDA ITEM COVER SHEET
SUBJECT
Review attendance of Council advisory board/commission members and take appropriate
action, including removal of members not meeting minimum attendance requirement and/or
appointment of a committee to meet with the board/commission members not meeting minimum
reuqirements
ITEM SUMMARY
Council discussed advisory board/commission policies, including attendance, at the Retreat.
Several boards have had problems making a quorum due to board/commission member
absences.
The governance policy originally passed in 1994 stated that attendance was required:
A member who, except in the case of illness or extenuating
circumstances as determined by the Commission or Board misses
three (3) consecutive meetings or misses one-third (1/3) of all
regular meetings in a twelve-month period may be removed from
such Commission or Board
SPECIAL CONSIDERATIONS
None.
FINANCIAL IMPACT
None.
COMMENTS
None.
ATTACHMENTS
1. Attendance lists from various Council advisory boards and commissions
Submitted By:
Bob Hart, City Manager
CITY OF
GeoIt,,own
DED IN 164E
MEMORANDUM
To: Bob Hart, City Manager
From: Randy Morrow, Director of Parks and Recreation
Date: July 5, 1995
Re: Parks and Recreation Board Attendances during past 12 months
Kathryn Stallard, Chair
Ronda Seagraves, Vice Chair
Harold McDonald
Nick Sikes
Joyce Gadison
Mark Moore
Tom Swift
Debbie McGarry
Roger Pena
RECEIVED
No Absences
Absent 3- times (excused, basketball tournament)
Absent 1 time (excused, medical)
Absent 3 times (excused, work related)
Absent 2 times (excused, work related)
Absent 1 time (excused, coaching team)
Absent 1 time (excused, child sick)
Absent 3 times (excused, marriage & work)
Absent 2 times (excused, work related)
All absences were called in prior to the meeting date. There has only been one time that we did
not have enough board members for a quorum and that was on Thursday, April 13, 1995, in
which some board members were going out of town for the long weekend (Good Friday
Holiday).
PARKS & RECREATION • 1 003 N. AUSTIN ELVD. 0 GEORGETOWN, TEXAS 78626 • 51 2/930-3595 • FAX: 512/930-3566
COX4A4TC4ZTnIV A XM 11" A DT1 A rPrPUXTm A XTnU
V = Present
= Absent
= Non-member
COMMISSION AND BOARD ATTENDANCE
1994 1995 %
MARI
APR
MAY
I JUN
JUL
I AUG
SEPT
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
BOA
Mike Barnes
�/
x
Gerald Carson
--
--
--
�'3
Leon Douglas
,_-
John Harrison
7C
✓
✓
X
g
Roy Headrick
---
_-,-
�-
_
_.
0
Donald Parker
✓
✓
✓
�/
✓
✓
r75
Rex Peebles
---
---
__.
—
✓
r-1
Charles Parker
—
—
—"
_ -
__
- --
Pete Weyrauch
-- -
--
- --
---
✓
✓
✓
,�
BSC
Stanley Bland
�/
�/
�/
✓�
Steve Brittain
?<
John Burress
�/
�, f
✓
Ray Hildebrand
Carl Oldani
E-BOARD
Stanley Bland
v/
V/
Phillips Baker
V/;'
Sam Grisham
✓
V,
✓
✓
�(
lc
r-. "
Karen Hill
Billy Strickland
7�
�c
�y''
V'
V -
ti'
44
David Welter
✓
�/
V.
v"
00
✓ = Present
X = Absent
-- = Non-member
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
I Marl
Apr
May
Jun
Library Advisory Board
Amy Anderson
q
q
A
Tresa Anderson
A
A
A
A
A
Pat Ball
q
Martin Beeman
A
A
A
A
q
Allene Booth
Term began February, 1995
Nelda Burson
A
A
Jeff Kilgore
A
A
Lea Merrifield
Term began February 1:995
.:.:..:.
Rebecca Pfiester
.:::;:
Term began February, 1995 .
Airport Advisory Board
James Accuntius
Deborah Boone
Albert Fittipaldi
Ronald Parker
A
George Taylor
Convention & Visitors Board
Gordon Baker
A
A
A
Bob Brent
A
A
Maureen Dooley
Term began February, 1995
q
Pam Heller
.
T erm. be an mid June, 1995
9..
Wendy LaGrone
A
A
A
................
A
Hitesh Patel
::...:.
Term began February, 1995 :..:::
;:..
A
A
Doris Proctor
A
Gary Shimotani
'Term began February, 1995
q
Diana Smith
Term began February, 1995
Eric Van Danen
A
A
A
Council meeting date: 7-11-95
AGENDA ITEM COVER SHEET
Item No. Y,
SUBJECT
Review of projects and timetables as a result of the Development Agreement providing for Sun City -
Georgetown
ITEM SUNUVLARY
During the last Council Meeting there were some questions regarding the scheduled improvements related
to development of Sun City. During the Retreat, I briefly mentioned the fact that we have obligations as
a result of the Sun City Development Agreement, however, I did not mention any of the particular projects.
The following sheet outlines those contractually -obligated off -site improvements. As you know, most of
the improvements in 1995 are all under various stages of construction. The items listed in years 1997
through 2016 appear in the year to be on-line. Hence, in many cases there is lead time necessary in order
to have these improvements on line by the given year. The 1997 wastewater treatment plant is a good
example in the fact that there is about an 18- to 24-month lead time necessary for that facility. Hence,
initiation of the work is necessary now in order to have the plant on-line in 1997.
In addition, one item that I did discuss at the Retreat was the water treatment plant. I raised that as an issue
because based upon our current projections, it appears that we will not be able to defer the expansion until
1998. Therefore, it may necessitate some action within this Budget. This acceleration is due to our summer
peak load and the sale of water to the City of Leander.
ATTACHMENTS
Sub
Webb Off-Site/Infrastructure Improvements Plan
Bob Hart, City Manager
EXHIBIT "D"
DEL WEBB OFF -SITE INFRASTRUCTURE
IMPROVEMENTS PLAN
1995 IMPROVEMENTS:
1. FOURTH BOOSTER PUMP (water)
2. THIRTY INCH (3011) WATERLINE (water)
3. PECAN BRANCH SEWERLINE UPGRADE PHASE I (wastewater)
a. SIXTEEN INCH (1611) FORCE MAIN (wastewater)
S. AIRPORT ROAD GRAVITY SEWERLINE (wastewater)
6. NON -POTABLE SIXTEEN INCH (1611) WATERLINE (irrigation)
1997 IMPROVEMENTS:
1. NEW PUMP BOOSTER PUMP STATION (water)
2. PECAN BRANCH SEWERLINE UPGRADE PHASE II (wastewater)
�3. FIRST WASTEWATER TREATMENT PLANT (wastewater)
4. FIRST ELEVATED STORAGE TANK 0.40 MG (water)
1998 IMPROVEMENTS:
1. FIRST WATER TREATMENT PLANT (water)
2002 IMPROVEMENTS:
1. NEW GROUND STORAGE AND FEED LINE (water)
2. SECOND ELEVATED STORAGE TANK 0.70MG (water)
2004 IMPROVEMENTS:
1. NON -POTABLE SIXTEEN (1611) WATERLINE PHASE II (irrigation)
2006 IMPROVEMENTS:
1. SECOND WATER TREATMENT PLANT (water)
2007 IMPROVEMENTS:
1. SECOND WASTEWATER TREATMENT PLANT EXPANSION (wastewater)
2008 IMPROVEMENTS:
1. NEW WATER SUPPLY FROM STILLHOUSE RESERVOIR (water)
2016 IMPROVEMENTS:
1. THIRD WATER TREATMENT PLANT EXPANSION (water)
* THESE IMPROVEMENTS ARE BASED ON A AVERAGE BUILD OUT
OF 434 UNITS PER YEAR WITH A FACTOR FOR A GREATER NUMBER
OF UNITS IN THE FIRST FOUR YEARS. DATES OF THESE
IMPROVEMENTS WILL VARY ACCORDING TO ACTUAL BUILD OUT
RATES.