HomeMy WebLinkAboutAgenda CC 08.13.1996The ERT Module Model 40W for Badger meters is the latest addition to Itron's family of water ERT modules. The 40W Module is compatible with Badger's Recordall° meters for residential, commercial and industrial applications. The ERT (Encoder, Receiver, Transmitter) is the founda- tion of Itron's scalable and flexible Genesis AMR solutions. A low -power radio device, it is used in Itron's Off -site Meter Reading (OMR), Mobile AMR and Fixed Network AMR systems. It encodes consumption and tamper information on water meters. When it receives a radio frequency "wake-up" signal, it trans- mits this data back to a radio -equipped handheld computer, the vehicle -based DataCommand® Unit (DCU) or the Genesis Fixed Network. The ERT 40W Badger module can be installed on new or existing Recordall meters equipped with Badger's Recordall Transmitter Register (RTR). It is designed for indoor meter installations and comes in two versions: Integral and Remote. The Integral version (shown above) mates directly with packaging supplied by Badger to attach securely to the register assembly of the meter. The Remote version (see photo on back) allows for installation at a distance from the meters when, for example, there is no space for the Integral version. The ERT 40W Badger module features durable polycar- bonate housings and completely encapsulated electronic circuits shielded against environmental hazards. The module has a uniquely designed, unob- trusive antenna with optimized radio performance. It is powered by a long -life replaceable lithium battery. Assembly to registers and ERT initialization is available from Badger as a factory option. The module operates under FCC Part 15 certification and does not require an individual license to operate. Remote mount version PHYSICAL SPECIFICATIONS • Integral version: —Weight: 9.1 ounces (257g) —Width: 4.5" (114.3mm) —Height: 4.5" (114.3mm) —Depth: 0.9" (22.9mm) • Remote version —Weight: 6.7 ounces (190g) —Width: 4.6" (116.8mm) —Height: 5.3" (134.6mm) —Depth: 1.3" (33mm) Due to continuous research, product improvements and enhancements, Itron reserves the right to change product or system specifications without notice. (D Copyright Itron, Inc. 1996 Printed in U.S.A. 04-96-2.5#5110 FUNCTIONAL SPECIFICATIONS • Meter compatibility: installs on any Badger meter equipped with a Recordall Transmitter Register (RTR). This includes positive displacement and turbo meters. Assembly and initialization are available from Badger as a factory option. • Power source: "A" cell lithium battery • Radio programming param- eters: register reading, register digits, test circle multiplier, rollover, utility ID, security level • Tamper detection: meter removal • Designed for indoor installa- tions; not suitable for pit environments • FCC compliance: Part 15 certified • ISC compliance: TRC-76 certified • Product identification: numeric and bar coded ERT module serial number • Materials of construction: black polycarbonate housing; encapsulated electronics OPERATIONAL SPECIFICATIONS • Receive frequency: 952-956 MHz • Transmit frequency: spread spectrum 910-920 MHz • Data integrity: verified in every data message SHIPPING INFORMATION • Installation options: directly installed on meter register • Integral mount modules: assembly, or remotely mounted shipped 30 per box on pipe or nearby wall • Cable: extended lengths available from Badger Meter Co. • Cable seals: available from Badger Meter Co. • Operating temperatures: -22' to +158°F 00° to +70°C) • Operating humidity: 5 to 95% relative humidity •rRONT • Remote modules: shipped 30 per box; housings shipped 30 per box Itron Corporate Headquarters: 2818 N. Sullivan Rd. Spokane, WA 99216 (509) 924-9900 www.itron.com -N�)j ' TECHNICAL PROPOSAL FOR DAVIS, KINARD & CO., P.C. TO PERFORM AUDIT SERVICES FOR CITY OF GEORGETOWN, TEXAS Davis, Kinard & Co., P.C. Don Ashmore, CPA Michael Rains, CPA 400 Pine St_, Suite 600 Abilene, Texas 79601 (915) 672-4000 May 22, 1996 CITY OF GEORGETOWN, TEXAS TABLE OF CONTENTS Letter of Transmittal................................................... 1 Scope of Engagement .................................................. 2 Summary of Qualifications: Independence.................................................. 3 License to Practice ............................................... 3 Firm Background ................................................ 3 Organizational Structure .......................................... 4 Governmental CPE ............................................... 4 Affirmative Action ----------------------------------------------- 4 Engagement Personnel ............................................ 5 Governmental and Non -Profit Audit Experience ........................... 9 Peer Review Report .............................................. 11 Specific Audit Approach ------------------------------------------------ 12 Proposer Guarantees ................................................... 15 Proposer Warranties ................................................ 16 Davis, Kinard & Co., P.C. Certified Public Accountants Members - SEC and Private Companies Practice Sections of the American Institute of CPA's May 22, 1996 To Terry Jones, Support Services Director City of Georgetown, Texas: First National Bank Building 400 Pine St., Suite 600 Abilene, Texas 79601-5128 Area Code 915/672-4000 FAX 915/672-7049 We appreciate the opportunity to submit our proposal to serve as auditors for the City of Georgetown, Texas for the year ending September 30, 1996. Based on our understanding, the scope of the services includes an audit of the financial statements, including federal financial assistance, of the City for the year ending September 30, 1996 in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. However, our services go beyond what is required by these standards. While performing our testing, we are continually looking for ways to streamline processes to make them more effective and efficient, identifying ways to minimize costs and maximize revenues, and ways to enhance the services provided to the citizens of Georgetown. We provide a third party review of your operations and will work as partners with the City of Georgetown. Upon notification of the award of the contract, we would begin the planning of the engagement and schedule the work to meet the City's timing requirement. Davis, Kinard & Co., P.C. has a long history of quality service to the West Texas area. Our audit practice includes a wide array of governmental and non-profit clients whose audits fall under Government Auditing Standards. This proposal shows that we have the technical ability to perform the work, we are dedicated to providing you with extraordinary service and that you receive value beyond the audit engagement We will comply with the timeframes identified in the request for proposals for interim and final fieldwork, preliminary and progress report meetings, and delivery of the management letter and auditor's reports. This proposal is a firm and irrevocable offer for a period of ninety days. Yours truly, Don Ashmore, CPA Stockholder Michael Rains, CPA Manager -1- SCOPE OF ENGAGEMENT Based on our review and discussions with management, the professional services required and addressed by this request for proposal are as follows: Audit of the financial statements for the year ending September 30, 1996. The audit will be conducted in accordance with generally accepted auditing standards as prescribed by the American Institute of Certified public Accountants (AICPA) and standards promulgated by the Governmental Accounting Standards Board. In addition, the audit will be conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States; and the provisions of Office of Management and Budget Circular A 128, "Audits of State and Local Governments." Our report will cover the schedule of federal financial assistance. Our audit will include tests of the accounting records of the City of Georgetown, Texas and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. It is anticipated that the opinion on the financial statements and schedules of individual funds will indicate that they are fairly presented in all material respects in relation to the general purpose financial statements. The statistical information section of the report will be unaudited. In addition, the following reports will be issued, as applicable: Communication of reportable conditions Irregularities and illegal acts Required communications to audit committees or their equivalents under Statement on Auditing Standards (SAS) 61 Reports required under OMB Circular A 128 Reports required by Government Auditing Standards issued by the Comptroller General of the United States. Availability for consultation, as needed, to discuss new accounting issues, internal control or administrative procedures, data processing controls and federal income tax issues. The primary objective of our engagement is the completion of an audit of the financial statements referred to above, and upon its completion and subject to its findings, the expression of an opinion on such financial statements. An audit made in accordance with generally accepted auditing standards is subject to limitations and the inherent risk that errors or irregularities, if they exist, will not be detected. However, if during the course of our audit, we become aware of such errors or irregularities, we will bring them to your attention. Should you then wish us to expand our normal auditing procedures, we will be pleased to work with you on developing a separate engagement for that purpose. -2- SUMMARY OF QUALIFICATIONS INDEPENDENCE One of the general standards of generally accepted auditing standards is the maintenance of an independent attitude during an audit engagement In addition, rule 101 of the American Institute of Certified Public Accountants require an accounting firm to be independent in order to express an opinion on an entity's financial statements. Davis, Kinard & Co. P.C. is independent in regard to the City as defined by generally accepted auditing standards as well as Government Auditing Standards as issued by the Comptroller General of the United States. Davis, Kinard & Co., P.C. has had no professional relationships involving the City or any of its agencies, component units or oversight units for the past five years. We will notify you of any change that would effect independence during the course of our engagement LICENSE TO PRACTICE Davis, Kinard & Co., P.C. and all assigned key professional staff are properly licensed to practice in the State of Texas. FIRM BACKGROUND Davis, Kinard & Co., P.C. is a professional corporation engaged in the practice of public accountancy in west and central Texas, for over sixty-five years. Davis, Kinard & Co., P.C. evolved from the merger of two Abilene accounting practices in January, 1971 and has continued to grow in size and expanded services to our clients. This long record of service has .provided benefits of recognition and an excellent reputation in our areas of service. We have organized the firm to function with specific departments for audit, tax and accounting and management services. Currently, we have a total of approximately forty personnel in our firm including twenty-eight professionals, composed of eight stockholders (partners), six managers, and fourteen other professional staff. The audit department currently consists of three stockholders, two managers, five seniors and five other professional staff. All of the audit department employees participate in our governmental engagement practice. We are currently members of the Securities and Exchange Commission Practice Section and the Private Companies Practice Section of the American Institute of Certified Public Accountants (AICPA). These Practice Sections require certain quality control procedures to be in effect in order to maintain membership within these groups. We have complied with these requirements and continually endeavor to maintain a high quality of practice standards in all areas of our public accounting practice. We have received six peer review reports since the inception of the program. Each of those reports has been a clean opinion. We have attached to the proposal a copy of our most recent external peer review. This review included a review of specific government engagements. In addition, we perform peer reviews for the AICPA of other accounting firms. One of our audit stockholders serves on the Texas Society of CPA's "Peer Review Committee" and will be chairman of the committee next year. In conjunction with these peer reviews we have reviewed numerous governmental audit engagements, including several large governmental organizations. We have not been involved with any disciplinary action taken or pending against our firm during the past three years with state regulatory bodies or professional organizations. Routinely, federal and state organizations perform desk and field reviews of audits we have completed. There have been no significant deficiencies noted by these organizations during their desk or field reviews. -3- ORGANIZATIONAL STRUCTURE Our firm has been organized in the departments specified above with individual stockholders assuming the supervision of the specified departments. The firm's governmental audit services are supervised by Don Ashmore. Within the audit department we have an organization of managers, seniors, and staff members who are assigned to each individual audit engagement depending upon the size, industry expertise, and other factors affecting the job assignments. We feel that this organization has allowed our personnel to concentrate on specific areas of practice and thereby develop a degree of knowledge and familiarity that is not easily obtainable when one covers several areas of practice. Within the audit department, we additionally attempt to concentrate our efforts of specific personnel in certain industries in order to give them added knowledge and awareness of the problems encountered in the audits of specific industry types. This has enabled us to develop a number of individuals who can service the specific industries which we audit We feel that this provides a greater degree of stability and experience upon which our clients can draw. GOVERNMENTAL CPE The governmental continuing professional education obtained during the past three years by the stockholder, manager and senior includes: Bulletin 679 - Change 27 Compliance Auditing Financial Accounting System Module (TEA) Governmental Standards Annual Update Compliance Auditing. New GAO, OMB, AICPA Standards MHMR Financial Officers Update FASB 116 and 117 Review Advanced Governmental Accounting FASB Changes: Planning for Implementation 116 & 117 Nonprofit Standards Annual Update Texas School District Accounting and Auditing TASBO Workshop for External Auditors Comprehensive Nonprofit Update AFFIRMATIVE ACTION Davis, Kinard & Co., P.C. as stated in our personnel manual, is an equal opportunity/affirmative action employer. -4- ENGAGEMENT PERSONNEL The primary factor assuring the City of obtaining effective audit services is the personnel assigned to the engagement_ The personnel selected to serve the City have experience in the service to cities as well as to other governmental entities. DAVIS, KINARD & CO., P.C. AUDIT DEPARTMENT EXPERIENCE 120 100 80 .......................... . so - 40 20 0 Staff This experience includes a combined Seniors total of 101 years of experience within Managers the audit department as outlined at Stockholders right A summary of the personnel assigned to this engagement is as follows: Years 5 21 25 50 Professlonai Experlenee In bears IM Stockholders = Managers 0 Seniors ® Staff Don Ashmore will serve as the Client Service Stockholder for the City. He is responsible for assuring that the audit of the financial statements has been made in accordance with generally accepted auditing standards and that the firm's report is appropriate in the circumstances. He will be responsible for planning, scheduling, assigning tasks to specific personnel and completion of the engagement in accordance with the City's requirements. Michael Rains will be the Audit Manager assigned to the audit of the City. In this role, he will be responsible for the timely completion of the fieldwork phase of the audit The audit manager is responsible for detailed planning, staffing, programming, conduct and review of the engagement Elaine Herricks will be the Audit Senior assigned to the audit of the City. In this role, she will be responsible for the day-to-day fieldwork and assignment of individual tasks to staff members. All of the above individuals, except Ms. Herricks, are licensed to practice as CPA's in Texas by the Texas State Board of Public Accountancy. Ms. Herricks is currently pursuing the requirements for license in the state of Texas. The individual staff members assigned to the audit of the City will be assigned upon awarding of the contract These individuals will be degreed professionals with experience levels appropriate for the engagement We anticipate that the day -today fieldwork will be conducted by a senior and two or three staff with oversight by the stockholder and manager. Each of our audit stockholders, managers, seniors and staff receive continuing professional education for governmental engagements that meets or exceeds the requirements of GAO Government Auditing Standards; 1994 Revision (the Yellow Book). In addition, we attempt to maintain continuity on individual engagements by utilizing the same engagement team from year-to-year. Quality of the staff is ensured through this continuity as well as through continuing education relating to governmental engagements- -5- DON ASHMORE, CPA POSITION: Audit Stockholder EDUCATION: B.B.A. in accounting from Hardin -Simmons University. PROFESSIONAL ORGANIZATIONS: Abilene Chapter of Texas Society of Certified Public Accountants American Institute of Certified Public Accountants (AICPA) Texas Society of Certified Public Accountants (TSCPA) Government Finance Officers Association (Special Review Committee Member) Government Finance Officers Association of Texas Governmental Accounting Standards Board Other Postemployment Benefit Task Force PCPS Technical Issues Committee - Chairman of Governmental Committee PROFESSIONAL DEVELOPMENT: Has obtained professional development course experience regarding governmental and general auditing, nonprofit organization audits, savings and loan association auditing, oil and gas auditing, and other technical disclosure and accounting oriented professional education courses. He has obtained the AICPA's Certificate of Educational Achievement in Governmental Accounting. WORK EXPERIENCE: Davis, Kinard & Co_, P.C. - August, 1979 to present Dykes and Reed, CPA - 1978 to August, 1979 PROFESSIONAL EXPERIENCE: As the audit stockholder who oversees the governmental audit practice, Don has been involved in various capacities for all of the governmental and non-profit clients listed in the governmental/non-profit audit experience section. n, MICHAEL RAINS CPA POSITION: Audit Manager EDUCATION: B.B.A in accounting from Abilene Christian University in 1982. PROFESSIONAL ORGANIZATIONS: Texas Society of Certified Public Accountants (TSCPA) Abilene Chapter Texas Society of Certified Public Accountants American Institute of Certified Public Accountants (AICPA) Government Finance Officers Association Government Finance Officers Association of Texas TSCPA Governmental Accounting and Auditing Standards Committee PROFESSIONAL DEVELOPMENT: He has obtained professional development course experience regarding governmental and general auditing, audits of financial institutions and other technical disclosure and accounting oriented professional education courses. WORK EXPERIENCE: Davis, Kinard & Co., P.C. - 1982 to present PROFESSIONAL EXPERIENCE: He has been involved with a variety of governmental, financial institution, non- profit organizations and other commercial entity audits. His specific governmental/non-profit experience is as follows: City of Abilene City of Big Spring City of Winters City of Snyder Central Appraisal District of Taylor County Milani County Appraisal District Abilene ISD South Plains Association of Governments Abilene Regional MH-MR Abilene Christian University -7- ELAINE HERRICKS POSITION: Audit Senior EDUCATION: B.BA in accounting from Tarleton State University PROFESSIONAL DEVELOPMENT: She has obtained professional development course experience regarding governmental, financial institution, not -for -profit entity, and other technical disclosure, auditing and accounting oriented professional education courses. WORK EXPERIENCE: Davis, Kinard & Co., P.C. - January, 1993 to present PROFESSIONAL EXPERIENCE: She has been involved with a variety of governmental, financial institution, non- profit organizations and other commercial entity audits. Her specific governmental/non-profit experience is as follows: City of Abilene City of Big Spring Central Appraisal District of Taylor County North Runnels County Hospital Abilene Christian University Wayland Baptist University El GOVERNMENTAL AND NON-PROFIT AUDIT EXPERIENCE As indicated at right, our governmental and non-profit audit practice includes in excess of 10,000 annual incurred hours. This includes service to cities, appraisal districts, counties, school districts, universities and other governmental and non-profit entities. Approximately 8016 of these entities fall under Government Auditing Standards as issued by the Comptroller General of the United States and Office of Management and Budget (OMB) Circulars A 128 or A 133. In addition, several of the entities prepare a comprehensive . annual financial report (CAFR) for submission to the Governmental Finance Officers Association's (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program which have additional reporting and presentation requirements. GOVERNMENTAL, NONPROFIT AND OMB CIRCULAR AUDITS Annual Hours Govt. 8 Nonprofits OMB A-128 & A-133 0 2 4 6 8 10 12 Thousands. 6 Cities Other governmental ® Nonprofits A partial listing of the five most similar governmental entity audits completed within the last five years is included below: Total Years of CITIES:Hours Reference Phone Service City of Abilene * # 950 David Wright (915) 676-6261 8 City of Big Spring * # 750 Tom Ferguson (915) 264-2512 3 Abilene ISD # 600 David Polnick (915) 677-1444 6 City of Bridgeport # 300 Joe Jackson (817) 683-5906 3 City of Snyder * # 200 Jeanne Johnson (915) 573-9361 5 Each of the above engagements were performed for the 1995 fiscal year and included audits of the general purpose financial statements as well as an audit in accordance with Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A-128. Don Ashmore served as the engagement partner on each engagement In In addition to the five most similar above we have completed the following governmental and non-profit engagements within the last five years: CITIES: City of Lueders # City of Roscoe City of Winters # APPRAISAL DISTRICTS: Central Appraisal District of Taylor County Kaufman County Appraisal District Milam County Appraisal District COUNTIES: Castro County Floyd County Hall County Sterling County SCHOOL DISTRICTS: Hermleigh ISD # Lueders -Avoca ISD # Snyder ISD # Winters ISD # Wylie ISD # REGIONAL PLANNING COUNCILS: South Plains Association of Governments * # OZTiER GOVERNMENTAL TYPE ENTITIES: West Central Texas Municipal Water District Abilene Regional MH-MR * # COLLEGES AND UNIVERSITIES: Abilene Christian University # Hardin -Simmons University # Wayland Baptist University # Years of Reference Phone Service Barry Walcott (915) 228, 4522 2 Kevin Tate (915) 766-3871 10 Aref Hasssan (915) 754-4424 13 Richard Petree (915) 676-9381 15 Jackie Self (214) 932-6081 11 Patricia Moraw (817) 697-6638 10 Marietta Smithson (806) 647-4451 4 Judge Hardin (806) 983-2244 8 Kenneth Dean (806) 259-2511 5 Beth Kilpatrick (915) 378-5191 6 Jerry Church (915) 863-2772 14 Dale Freeman (915) 228-4211 10 Lee McNair (915) 573-5401 3 Jimmy Butler (915) 754-5574 3 Cecil Davis (915) 692-2461 10 Debra Crowder (806) 762-8721 9 Brett Froh (915) 673-8254 14 Ronnie Kidd (915) 698-3016 7 Jack Rich (915) 674-2390 Over 20 Harold Preston (915) 670-1221 5 Ernie Clark (806) 296- 4705 2 * - Comprehensive Annual Financial Report (CAFR) # - Audit in Accordance with Government Auditing Standards and OMB Compliance Circulars A 128 or A-133 Each of the CAFR's described on the previous page were submitted to the GFOA's Certificate of Achievement for Excellence in Financial Reporting program. Each of these reports received the award in fiscal year 1994, fiscal year 1995 has been submitted to GFOA the results of which will be known later during 1996. 010 ".`Comb in e d WEAVER AND i wWELL FORT WORTH OFFICE Excellence " CERTIFIED PUBLIC ACCOUNTANTS WEAVER AND TIDWELL, L.L.P. TANNEBAUM BINDLER +COMPANY, P.0 CERTIFIED PUBLIC ACCOUNTANTS A REGISTERED LIMITED LIABILITY PARTNERSHIP To the Shareholders DAVIS, KINARD & CO., P.C. Abilene, Texas THREE FORF-ST PLAzA 12221 MERrr Dww_Surm 1700 DALLAS, TExws 75251-2216 (214) 490-1970 FAX (214) 702-8321 1500 COMMERCE BUILDING 307 WEST SEVENTH STREET FORT WORTH, TEXAS 76102 (817)332-7905 FAX (817) 429-5936 We have reviewed the system of quality control of the -accounting and auditing practice of DAVIS, KINARD & CO., P.C. (the "firm") in effect for the year ended June 30, 1995. Our review was conducted in conformity with standards for peer reviews promulgated by the peer review committee of the SEC practice section of the AICPA Division for CPA Firms (the "section"). We tested compliance .with the firm's quality control. policies and procedures and with the membership requirements of the section to the extent we considered appropriate. These tests included the application of the firm's policies and procedures on selected accounting and auditing engagements. In performing our review, we have given consideration to the general characteristics of a system of quality control as described .in quality control standards issued by the AICPA. Such a system should be appropriately comprehensive and suitably designed in relation to the firm's organizational structure, its policies, and the nature of its practice. Variance in individual performance can affect the degree of compliance with a firm's prescribed quality control policies and procedures. Therefore, adherence to all policies and procedures in every case may not be possible. In our opinion, the system of quality control for the accounting and auditing practice of DAVIS, KINARD & CO., P.C., in effect for the year ended June 30, 1995 met the objectives of quality control standards established by the AICPA and was being complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. Also, in our opinion, the firm was in conformity with the membership requirements of the section in all material aspects. 0J, WEAVER AND TIDWELL, L.L.P. Dallas, Texas September 15, 1995 -11- AFFILIATIONS Summit International Associates. Inc. Associated Regional Accounting Firms SPECIFIC AUDIT APPROACH We anticipate utilizing primarily a substantive procedures approach during the audit of the City, with the exception of certain transaction cycles, such as grant related activities, payroll and other expenditures/expenses. For payroll and other expenditures/expenses we will obtain an understanding of the related internal controls and test compliance with them utilizing nonstatistical samples of transactions throughout the year. Typically, grant related internal controls are incorporated within the basic internal control structure and can be tested along with the sampling tests. As required by Statement on Auditing Standards (SAS) No. 55, as amended by SAS No. 78, "Consideration of the Internal Control Structure in a Financial Statement Audit", we will obtain a sufficient understanding of all other significant internal controls to plan the audit of the City, which will entail obtaining knowledge about the design of relevant policies, procedures, and records and whether they have been placed in operation by the City. In addition, we will perform various walk-thru tests of various cycles to aid in obtaining an understanding of the controls and not to place reliance upon them during our audit. While controls may exist in an area we may determine that it would be more efficient to perform substantive testing. We anticipate requesting similar client prepared schedules as have been prepared in the past. The following represents a brief listing of our anticipated approach, hours, and staff levels assigned to each area of the audit: Hours Staff Level Procedures 30 S,M,Sr,St Planning - Develop approach, audit programs and other preliminary aspects of engagement 40 M, Sr, St Internal Controls - Obtain understanding of internal control structure through the utilization of checklists, inquiry, observation and review of related policies and procedures. A memorandum of significant elements of the internal control structure will be prepared and tested through inquiry and review of source documents and observation. Disbursement and personnel aspects will be tested during sample of disbursements and personnel costs outlined in expenditure/expense testing section. 5 M, Sr, St Minutes/Budget - Review council minutes and comparison of budget and actual for the fiscal year under audit 15 Sr, St Trial Balances - Obtain trial balances on each fund of the City and compare to the general ledger. 30 M, Sr, St Report - Preparation of reports and related disclosure checklists. 60 S, M, Sr Supervision, Review - Perform ongoing supervision related to the engagement, review of planning, detailed workpapers and financial statements. 10 Sr, St Cash and Cash Equivalents (including restricted amounts) - Confirm amounts held by financial institutions or in safekeeping. Review reconciliations and vouch significant reconciling items. 20 Sr, St Investments - Confirm amounts held in safekeeping, observe investments held (if any). Review reconciliations and vouch significant transactions. Obtain market values and test on selected basis. Evaluate exposure to loss and compliance with the investment policy. -12- 30 Sr, St Receivables - Confirm amounts receivable for property taxes with collector. Obtain detailed receivable listings and agree amounts to general ledger. Review collection trends and subsequent collections related to utility receivables. Determine proper agreement of interfund receivables/payables. Confirm and/or vouch subsequent receipts or other documentation of significant other receivables. 40 St Fixed Assets - Obtain detailed walkforward of fixed assets. Vouch significant additions/retirements. Agree governmental capital outlay expenditures to additions during year. Review depreciation schedule for ProprietaryFunds, test additions and retirements and recompute calculation of depreciation for selected assets. 15 Sr, St Inventory - Observe significant locations, agree detailed listings to general ledger, verify selected unit costs. 30 Sr, St Accounts Payable and Accrued Liabilities - Obtain detailed accounts payable listing and agree to general ledger. Review unpaid invoices and subsequent disbursements for accounts payable. Test calculation of accrued liabilities for reasonableness through predictive tests and/or recalculation. 20 Sr Long-term debt - Obtain detailed walkforward of balances. Confirm amounts outstanding, principal and interest paid with payee. Review activity during year along with applicable note, bond or lease agreement. Recalculate accrued interest payable related to the above. Test compliance with terms of the debt agreement. 15 Sr Equity and Other Credits - Walkforward balances from the previous year end and vouch activity determining propriety of transaction. Reconcile GAAP basis equity to Budget basis equity. Determine appropriateness of reservations and designations of fund equity. 50 Sr, St Revenue - Confirm taxes received with tax collection agency. Vouch collections of sales taxes. Perform analytical test of interest income utilizing balances outstanding during the year and applicable rates. Perform predictive tests of electric, water, wastewater, sanitation and stormwater revenues. Vouch debt proceeds to supporting documentation. Analytically review other revenue accounts utilizing fluctuation analysis between current and prior fiscal years. Determine proper posting of interfund transfers. 50 Sr, St Expenditures, Expenses - Typically municipal expenditures/expenses are Primarily composed of personnel costs, capital outlay, depreciation (see fixed assets section for procedures), debt service and interest charges (see long-term debt section) and water purchases. As such our procedures will entail the following: Nonstatistical sample of payroll checks issued during the year reviewing supporting documentation for approval and authorization. Vouching of significant capital outlay expenditures and water purchase expenses during the year. In addition, we will perform a nonstatistical sample of checks disbursed during the year for non -personnel purposes determining adherence to City policies, review of account coding and propriety of transaction. Also, analytical procedures will be performed through a fluctuation analysis of balances between the current fiscal year and prior fiscal year for all other expenditures/expenses. -13- 20 Sr, St Single audit compliance - We will determine adherence to compliance requirements as stipulated by OMB Circular A-128 and the GAO for federal and state grants. These requirements will entail testing for general requirements and any specific requirements for programs anticipated to be "major" federal and state grants. 480 S = Stockholder, M = Manager, Sr = Senior, St = Staff We anticipate that efficiencies gained from 1996 will reduce total hours by approximately 30 hours for years 1997-2000. We utilize standardized audit programs from Guide to Audits of Local Governments as published by Practitioner's Publishing Company (PPQ with appropriate modifications to tailor the programs to specific engagements. We utilize nonstatistical sampling methods during our testing to test compliance with applicable policies, such as disbursements, payroll procedures and utility billings. Sample sizes are generally 25 or 60 items. In addition, we utilize a variety of computer audit tools to perform the engagement which includes various spreadsheet applications. Analytical procedures are utilized throughout the audit in areas such as preliminary review to aid in the tailoring of our audit programs to the specific engagement, during fieldwork to determine that results obtained are the expected results and at engagement conclusion to ensure that final results are expected and have been adequately tested. Analytical procedures utilized include the use of various ratios, comparisons of financial amounts to previous years and budget, inquiry and various other procedures. The understanding of the internal control structure will be obtained by the completion of various checklists, inquiry of various accounting personnel, and testing utilizing nonstatistical samples and observation of the structure during the performance of the audit. Laws and regulations that will be subject to audit test work will encompass primarily laws and regulations as stipulated by OMB Circular A-128 relating to federal and state grants. Other laws and regulations which will be tested will be composed of laws and regulations related to budgets, tax rates, landfill financial assurance, and investments. We will determine the laws and regulations that are applicable based on a review of grants, discussion with City personnel and federal/state grantors, as well as, prior year experience with similar entities. We currently, do not anticipate any potential audit problems to be encountered during the audit for the fiscal year ended September 30, 1996. Future audits may be impacted by various Governmental Accounting Standards Board or Financial Accounting Standards Board pronouncements as well as changes by the Comptroller General of the United States and OMB Circular A 128 relating to federal and state grants. We are currently unable to determine what effect these pronouncements and changes may have on future years audits for the City. -14- PROPOSER GUARANTEES The proposer certifies it can and will provide and make available, at a minimum, all services set forth in Section II, Nature of Services Required a_,,,, Signature of Official: U 6-1,, Name: Don Ashmore, CPA Title: Stockholder Firm: Davis, Kinard & Co., P.C. Date: May 22, 1996 -15- PROPOSER WARRAN77ES A. Proposer warrants that it is willing and able to comply with State of Texas laws with respect to foreign (non -state of Texas) corporations. B. Proposer warrants that is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. Name of Insurer. Protexan Amount of Coverage: $500,000 C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Georgetown. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: _ ot�- a Name: Don Ashmore, CPA Title: Stockholder Firm: Davis, Kinard & Co., P.C. Date: May 22, 1996 FEE ESTIMATE FOR DAVIS, KINARD & CO., P.C. TO PERFORM AUDIT SERVICES FOR THE CITY OF GEORGETOWN, TEXAS Davis, Kinard & Co., P.C. 400 Pine St., Suite 600 Abilene, Texas 79601 (915) 672-4000 Don Ashmore, CPA Michael Rains, CPA May 22, 1996 Davis, Kinard & Co., P.C. Certified Public Accountants Members - SEC and Private Companies Practice Sections of the American Institute of CPA's May 22, 1996 To Terry Jones Support Services Director City of Georgetown: First National Bank Building 400 Pine St., Suite 600 Abilene, Texas 79601-5128 Area Code 915/672-4000 FAX 915/672-7049 We appreciate the opportunity to submit this proposal to serve as auditors for the City of Georgetown for the year ending September 30, 1996. Based on our understanding, the request for proposal includes an audit of the financial statements of the City for the year ending September 30, 1996 in accordance with generally accepted auditing standards and Government Auditing Standards, Issued by the Comptroller General of the United States. Upon notification of the award of the contract, we would begin the planning of the engagement and schedule the work to meet the City's timing requirement The estimated fee for our engagement as outlined in the Fee Estimate section for September 30, 1996 is $25,000. Our fee for the years 1997, 1998, 1999 and 2000 would be $26,000, $27,000, $28,000, and $29,000, assuming a similar level of operations. Mr. Don Ashmore or Mr. Michael Rains can make representations for Davis, Kinnard & Co., P.C. Because of our experience in auditing governmental entities and preparing comprehensive annuallinancial reports, Davis, Kinard & Co., P.C. is qualified to render audit services to the City. Yours truly, Don Ashmore, CPA Stockholder Michael Rains, CPA Manager -1- City of Georgetown Request for Proposals Annual Financial Audit APPENDIX H Part I SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF .THE 1996 FINANCIAL STATEWNTS AS SET FORTH IN SECTION H Standard Quoted Hourly Hourly Hours Rates Rates Total Partner 25 $ 130 $ 95 $ 2,375 Manager 45 100 75 3,375 Supervisory Staff 190 70 45 8,550 Staff 210 50 35 7,350 Other - clerical 10 35 25 250 Subtotal 480 21,900 Other expected fees _ Out of pocket expenses: Meals and lodging 2,000 Transportation 750 Clerical and reproduction costs 350 Total all-inclusive maximum price for 1996 audit $ 25 000 -2- City of Georgetown Request for Proposals Annual Financial Audit APPENDIX H Part 2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 1997 FINANCIAL STATEMENTS AS SET FORTH IN SECTION H Standard Quoted Hourly Hourly Hours Rates Rates Total Partner 20 $ 130 $ 105 $ 2,100 Manager 40 100 85 3,400 Supervisory Staff 180 70 50 9,000 Staff 200 50 40 8,000 Other - clerical 10 35 25 250 Subtotal 450 22,750 Other expected fees Out of pocket expenses: Meals and lodging 2,000 Transportation 750 Clerical and reproduction costs 500 Total all-inclusive maximum price for 1997 audit $ 26 000 -3- City of Georgetown Request for Proposals Annual Financial Audit APPENDIX H Part 3 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF TBE 1998 FINANCIAL STATEMENTS AS SET FORTH IN SECTION H Standard Quoted Hourly Hourly Hours Rates Rates Total Partner 20 $ 130 $ 105 $ 2,100 Manager 40 100 85 3,400 Supervisory Staff 180 70 55 9,900 Staff 200 50 42 8,400 Other - clerical 10 35 25 250 Subtotal 450 24,050 Other expected fees - 2,000 750 $ 27,000 ` W of Georgetown Request for Proposals Annual Financial Audit APPENDIX H Part 4 SCHEDULE OF PROFESSIONAL FEES AND E)WENSES FOR THE AUDIT OF THE 1999 FINANCIAL STATEMENTS AS SET FORTH I7V SECTION H Standard Quoted Hourly Hourly Hours Rates Rates Total pie' 20 $ 130 $ 105 $ 2,100 Manager 40 100 85 3,400 Supervisory Staff 180 70 60 10,800 Staff 200 50 42 8,400 Other - clerical 10 35 25 250 Subtotal 450 24,950 2,000 750 300 $ 28,000 City of Georgetown Request for Proposals Annual Financial Audit APPENDIX H Part S SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF TSE 2000 FINANCIAL STATEMENTS AS SET FORTS I7V SECTION H Standard Quoted Hourly Hourly Hours Rates Rates Total pie' 20 $ 130 $ 110 $ 2,200 Manager 40 100 90 3,600 Supervisory Staff 180 70 60 10,800 Staff 200 50 45 9,000 Other - clerical 10 35 30 300 Subtotal 450 25,900 Other expected fees _ Out of pocket expenses: Meals and lodging 2,000 Transportation 750 Clerical and reproduction costs qc;n $ 29,000 NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS Tuesday, August 13, 1996 The City Council of the City of Georgetown, Texas, will meet on Tuesday, August 13, 1996, at 5:00 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 disability, please advise in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library on the Thursday preceding council meetings. The library's copy is available for public review. Policy Development/Review Workshop - Call to order at 5.00 p.m. A Policy Development/Review Workshop discussion on the Century Plan - Policy Plan Revision and the draft Facilities and Services Plan - Clyde von Rosenberg and Ed Barry B Review of proposed agreement with Central and South West Communications for remote meter reading system and SCADA -- Bob Hart C Answer questions on Statutory Consent Agenda Items listed specifically below under the Regular Session that will begin no sooner than 7:00 p.m. (for questions only, no action to be taken until Regular Session) Regular Session - to convene Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. D Sec.551.071 consultation with attorney E Sec.551.072 deliberation on real property F Sec.551.075 conference with employee Regular Session to begin no earlier than 7:00 p.m. G Action on Executive Session Items H Mayor, Council, City Manager, and staff comments and reports • TLI Representative for September 18 and 19 • GFOA Distinguished Budget Award • TPPA System Achievement Award Citizens wishing to address the Council City Council Agenda/August 13, 1996 Page 1 of 4 Pages Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A Councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. Please note that the following items may be discussed with no action taken during the Workshop at 5:00 p.m. J Consideration of approval of meeting minutes for regular meeting of July 23, 1996 -- Sandra Lee K Consideration of a resolution to accept the 1996 Tax Appraisal Roll for the City of Georgetown as presented by Paula J. Cochrum, Tax Assessor -Collector -- Susan Morgan L Consideration of acceptance of the City's Investment Report for the quarter ended June 30, 1996 -- Susan Morgan M Consideration of approval of the payment of an unanticipated land purchase and improvements for the River Corridors Hike and Bike Trail in an amount not to exceed $20,000 from the Council Contingency -- Susan Morgan and Randy Morrow N Consideration of an award of bid to Compuscape in the amount of $29,350.00 for an irrigation system on the new athletic fields -- Terry Jones and Randy Morrow O Consideration of an award of bid to Borah, Inc. of Round Rock in the amount of $198,485.00 to construct the North Highway 81 12-inch Water Line Project -- Jim Briggs P Consideration of an award of bid to Techline, Inc. in the amount of $44,749.70 for electrical distribution transformers for the Reata Trails #4 Subdivision -- Jim Briggs Q Consideration of a resolution to authorize a License to Encroach into the public utility easement located along the east property line of Lot 3A, Block 5, Unit Two, Serenada East, located at 706 Bosque Trail -- Hildy Kingma and Ed Barry R Consideration of a Final Plat of a 1.44 acre tract in the David Wright Survey to be known as Business Square, located on Williams Drive, south of Briarwood Drive -- Hildy Kingma and Ed Barry S Consideration of a resolution to authorize a License to Encroach into the public utility easement along the east side property line of Berry Creek, Section Nine, Phase Three, Block A, Lot 45, located at 30410 La Quinta Drive -- Hildy Kingma and Ed Barry T Consideration of a Final Plat of a 51.01 acre tract in the John Sutherland and A. Williams Surveys, to be known as Fountainwood Estates, Phase 6A, and a 44.31 acre tract in the John Sutherland, A. Williams, Isaac Jones and Peter Novel Surveys, to be known as Fountainwood Estates, Phase 6B, and variance to the Subdivision Regulations, located off Fountainwood Drive -- Hildy Kingma and Ed Barry City Council Agenda/August 13, 1996 Page 2 of 4 Pages U Consideration of a Final Plat of a 1.44 acre tract in the David Wright Survey, to be known as The Physician's Center Tract, located on RM2338 south of Briarwood Drive -- Hildy Kingma and Ed Barry V Consideration of a Revised Detailed Development Plan for Shell Addition, Block 13, also known as Texas Department of Public Safety Headquarters Office; and Variances to the Subdivision Regulations, located at 515 Pine Street, and Request for Waiver of Development Review Fees -- Hildy Kingma and Ed Barry W Consideration of a resolution to authorize a License to Encroach into a portion of the 5th Street right-of-way, located along the north property line, for Shell Addition, Block 131 also known as the Texas Department of Public Safety Headquarters Office, located at 515 Pine Street -- Hildy Kingma and Ed Barry X Consideration of a resolution authorizing the City Attorney to issue a quit claim deed to be filed abandoning a portion of a public roadway and utilities easement located between FM971 and MK&T Railroad -- Hildy Kingma and Ed Barry Legislative Reaular 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.) Y Second Reading of an Ordinance to Rezone a Part of Dalrymple Addition, from RS, Residential Single Family to RM-3, Office and Service Use or RP, Residential Planned, located at 406 West University Avenue -- Hildy Kingma and Ed Barry Z Second Reading of an Ordinance amending Section 10.12.090 of the Code of Ordinances relating to school speed zone on Northwest Boulevard -- Marianne Banks AA First Reading of an Ordinance to Rezone the West University Professional Center, From RS, Residential Single Family to C-1, Local Commercial, or Any More Restrictive District, located at 950 West University Avenue -- Hildy Kingma and Ed Barry BB First Reading of an Ordinance to Rezone property to be known as Lots 9 and 10, River Oaks IH3 5 Business Park, a Resubdivision of River Oaks of Georgetown Office Park, from C-2A, Commercial First Height - Restricted, to C-2A, Commercial First Height - Restricted to permit Multifamily Uses, or any more restrictive district, located on east IH3 5 frontage road north of SH29 -- Hildy Kingma and Ed Barry CC First Reading of an Ordinance amending Section 10.12.090 of the Code of Ordinances relating to speed limit for Del Webb Boulevard -- Marianne Banks City Council Agenda/August 13, 1996 Page 3 of 4 Pages DD Consideration of authorizing the Mayor to sign an agreement with Central and South West Communications for remote meter reading system and SCADA -- Bob Hart EE Consideration of appointment of a certified public accounting firm to perform the independent audit of City accounts for the fiscal year ended September 30, 1996, with annual renewal for up to four subsequent years -- Councilmembers Ferd Tonn, Susan Hoyt, and Shelley Davis FF Consideration of establishing guidelines for providing wastewater service outside the City's Wastewater Certificate of Convenience and Necessity (CCN) -- Bob Hart GG Consideration of appointment to fill unexpired term on Georgetown Public Library Advisory Board -- Leo Wood Adjournment CERTIFICATE OF POSTING City Secretary of the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted on the day of , 1996, at a.m./p.m. adnura ,j. Lee, airy secretary City Council Agenda/August 13, 1996 Page 4 of 4 Pages Council meeting August 13 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Policy Development/Review Workshop discussion on the Century Plan - Policy Plan Revision and the draft Facilities and Services Plan. ITEM SUMMARY: The Policy Plan element, adopted on March 8, 1988, contains the 13 Policy Areas and the original 34 Policy Statements. These 34 Policy Statements were re -written as Ends Statements to reflect the City's governance model during the preparation of the 1993-94 Annual Operating Plan Element. The same Ends statements have been re -adopted each year since then, along with newly created Ends. For this draft revision, staff created a new set of Ends Statements which are based upon a thorough review and update of all Century Plan policies, including the recommendations of the draft Facilities and Services Plan. The proposed revision brings the Policy Plan up to date with current practice, with the inclusion of the revised set of Ends statements and several minor changes to the administrative section. The 13 Policy Areas have been expanded to 142 with 'Historic Preservation and Urban Design being separated. Each Policy Area has a single Policy End statement, which provides the broad and relatively permanent description of the desired result, and can have any number of Focus End statements, which provide a more specific description of the result. City staff will use these Council -approved Ends to develop Means statements for each year's Annual Operating Plan Element. The draft Facilities and Services Plan was created by the Working Group appointed by the Council in February of 1996. A public hearing on the draft plan was held on May 23, 1996 and it was presented to the City Council on May 28, 1996. With the preparation of the Revised Policy Plan Element, the draft Facilities and Services Plan has been revised to reflect the Policy Ends and Focus Ends terminology. SPECIAL CONSIDERATIONS: A Periodic Revision to the Policy Plan is designed to occur only once every five years, unless there is a majority, plus one, vote of the Council. Since it has been more than five years since the adoption of the Policy Plan Element, this is considered to be a periodic revision and requires only a majority vote of the Council. FINANCIAL IMPACT: None COMMENTS: The public hearing for the Policy Plan Revision is scheduled for the Council meeting on August 27, 1996, in conjunction with the public hearing on the 1996-97 Annual Operating Plan Element. The first and second, ordinance readings for both plan elements are scheduled for September 10 and 24, 1996. ATTACHMENTS: Draft Policy Plan Revision document; Draft Facilities and Services Plan document Submitted Bv: (] C1>e Edward J. arry, AICP - Director Division of Development Services Clyde von Rosenberg, 40 Chief Planner, Long Range Planning CITY OF GEORGETOWN, TEXAS DRAFT REVISION OF THE CENTURY PLAN POLICY PLAN Adopted by the Georgetown City Council March 8, 1988 Revised . . . AMERICAN PLANNING ASSOCIATION NATIONAL PLANNING AWARDS 1995 Outstanding Planning Award for Comprehensive Planning in a Small Jurisdiction to The Georgetown Century Plan April 10, 1995 ACKNOWLEDGEMENTS September 24, 1996 Revision MAYOR Leo Wood CITY COUNCIL Ferd Tonn - Mayor Pro Tem George Arroyos Lee Bain Charles Burson Shelly Davis Susan Hoyt Dick Vincent CITY MANAGER Bob Hart CITY STAFF Edward J. Barry, AICP - Director of Development Services Clyde von Rosenberg, AICP - Chief of Long Range Planning Susan Morgan, CPA - Director of Finance and Administration Kenneth Bloom - Planning Intern ACKNOWLEDGEMENTS March 8, 1988 Adoption MAYOR Jim Colbert CITY COUNCIL Joan King - Mayor Pro Tem. *Luther Laubach - From 1987 *Marvin Lackey Barbara Pearce - From 1987 William H. Connor - To 1987 William C. Shell - To 1987 Eb C. Girvin - Mayor Pro Tem - To 1987 CITY MANAGER Robert Gaylor *Ex-officio members of all Century Plan Task Groups CENTURY PLAN STEERING COMMITTEE Jim Colbert, Chair* Tim Kennedy, Co -Chair W.T. Johnston, Co -Chair** Jeanne Mosier, Co -Chair Marvin Lackey* Pat Crowley Karen Gilbert** Luther Laubach* Rex Titsworth Patty Eason** Phil Baker F.L. Tonn** Wayne Meadows** Ron Gahagan Henry Vasquez** Armistead Davis** CENTURY PLAN TASK GROUP MEMBERS TASK GROUP ONE Phil Baker, Chair W.T. Johnston** F.L. Tonn** Gene Bernd Kay Cordi Mark Dixon Claude Hays Jack Hunnicutt Ethel Moore Paula Oliver Glen Schmidt Dale Shanklin Rae Wheeler Ben Whisler Tim Kennedy, Chair Allen Larry Bingham Jon Hittman Red Youngman TASK GROUP TWO Ron Gahagan, Chair Karen Dormois Robin Hallett Toby Lierman Gwen Morrison Henry Vasquez**Bb Don Hennings Daniel Vasquez TASK GROUP THREE Jeanne Mosier, Chair Karen Gilbert** Renee Carey Patsy Bracamontez Art Carroll Kathy Corbett Eugenia Harrell Walt Herbert Nancy Raper Cliff Saxon Fred Stevener Lois Vasquez David Voelter TASK GROUP FOUR Pat Crowley, Chair Patty Eason** Jose Alejo Barbara Brightwell Scherry Chapman Jim Donovan Tex Kassen Jeannine Fairburn Joann Ford Jerry Graham Delia Gutierrez Rosemary Crossfield Birdie Shanklin TASK GROUP FIVE Rex Titsworth, Chair Wayne Meadows** Larry Bullock Armistead Davis** Ed Olson Vern Harris Paul Williams Norm Peterson Gary Pickett Bill Smith Emma Thornton Ruth Thrash Marty Tyree Linda Flory-McCalla CITY STAFF Edward J. Barry, AICP-Director of Development Services Randall A. Gaither, Chief -Long Range Planning Hildy L. Kingma, AICP-Senior Planner Eric W. Winter, AICP-Senior Planner Tammy Hughey, Secretary *Council persons **Planning and Zoning Commissioners TABLE OF CONTENTS CHAPTER PAGE I INTRODUCTION Scope of the Century Plan How the Century Plan Works II PRINCIPLES AND ASSUMPTIONS Principles Assumptions III POLICY AREAS Economic Development Education Environmental and Resource Conservation Facilities and Services Finance Governmental Affairs Growth and Physical Development Health and Human Services Historic Preservation Housing Recreation and Cultural Affairs Transportation Urban Design Utilities and Energy IV ADMINISTRATION Article I. General Administration Article II. Implementation Article III. Revision Process Article IV. Amendment Process Article V. Modifications to Chapter 4 Article VI. Definitions V APPENDICES 1. Section 1.08 of City Charter 2. Resolution Number 870239.019 3. State Statutes 4. Overview of Process 5. Georgetown Century Plan Base Studies 6. References 7. Ordinance Number 880097 8. Ordinance Number 96-** I. INTRODUCTION Georgetown residents share a basic concern that the high quality of life currently found in this community should be maintained and enhanced. There is also a general understanding that in order to develop and maintain a pleasant, attractive, dynamic, and healthy community it is important to plan ahead. This comprehensive plan, officially entitled the Century Plan (Plan), represents a first-time effort on the part of the City to document and formalize the process by which Georgetown will strive to enhance its quality of life. In April 1986, the residents of the City of Georgetown approved an Amendment to the City Charter mandating the preparation and adoption of a comprehensive planning process to become "a continuous and ongoing governmental function. " It also requires that all future development, both public and private, conform to the adopted comprehensive plan. The Century Plan provides the guidelines and structure for maintaining the public welfare, ensuring the reasonable use and protection of land and other natural resources, facilitating the provision of facilities and services, and protecting natural resources. The City Council and other local policy -makers, private developers, residents of the community, and City staff' will use this document as the framework for assessing community needs and desires and setting the course of action to implement its policy recommendations. 1 SCOPE OF THE CENTURY PLAN The process developed for preparation and adoption of the Century Plan required that a Policy Plan be adopted by the City Council by April 1988. The Policy Plan is the central element of the Century Plan in that it contains the overriding policy recommendations and administrative structure of the Plan. These have been adopted by ordinance and are legally binding. The City's policies are implemented through the adoption and use of a governance model. The governance model is an advanced approach to Council operations which provides for Council to set policies through the use of End statements. These Ends are expressed through the Council's Mission Statement and through Policy End statements and Focus End statements. The Mission Statement is considered the broadest of all Ends, an overall statement of purpose. Policy Ends statements, which are shown in bold in Chapter Three, are expressions of the desired results for the community and are written broadly enough to be relatively permanent, express the community's values, and have the consensus of the general public. Focus Ends statements are also included in the Policy Plan in order to clarify and define the Policy Ends and to establish the framework of the Functional Plans. These statements, which are shown in regular print in Chapter Three, are more specific than a Policy End and provide clarification and further definition. Preparation and adoption of the Policy Plan and the individual Functional Plans is the responsibility of the City Council, the Planning and Zoning Commission, and the Century Plan Task Groups, with staff support from the Planning Department and Director of each City Division. Preparation and approval of the Functional Plans, which address specific elements in greater detail, will occur subsequent to preparation and adoption of the Policy Plan. This introductory chapter of the Policy Plan provides a general background for the Plan. The remaining chapters describe the principles and assumptions; the End statements and the administrative structure which will be used to guide Georgetown's growth and development to the year 2010. PRINCIPLES AND ASSUMPTIONS, the second chapter, describes the foundation of values and conditions on which the Policy Plan was based. There are some beliefs which have come to be so fundamental in the history and culture of the United States, that even without our open acknowledgment, they influence our determination of needs and desires for the future of the community. Similarly, there are certain socio-economic conditions and trends that are widely accepted to be fact. These are assumptions that will have a significant impact on the needs and aspirations of the Georgetown community during the planning period. To the extent possible, these principles and assumptions are described in Chapter Two. 2 Chapter Three, POLICYAREAS, lists the Policy Ends and Focus Ends which will guide decisions about Georgetown's future. This chapter is organized by fourteen categories, each of which can be directly related to one or more of the City Charter mandated comprehensive plan elements while also accommodating the interrelations among these elements. As an introduction to each Policy Area, a description of its relationship to the City Charter and other categories is provided. The fourth chapter, ADMINISTRATION, describes the method by which the Ends and the Functional Plans will be adopted, implemented, and modified. Because the Century Plan is a dynamic document, it will have to be continually adjusted to reflect changing conditions, resources, and desires. The process for making these changes is included in Chapter Four and is printed in bold type to indicate that it has the same legal stature as the policies in Chapter Three. The final chapter of the Policy Plan, the APPENDIX, contains the supporting documents to the Plan. A more detailed description of the Policy Plan, including the background of comprehensive planning in Georgetown, the need for this Plan, and the manner in which the Plan was initially prepared and is to be continually maintained, is included. In addition, SECTION 1.08 of the City Charter and the major City Council actions relating to the Century Plan are included. Finally, the nine inventory reports upon which the Plan is based are included by reference. HOW THE CENTURY PLAN WORKS City Council adoption of the Policy Plan provides the vision for the ongoing process of comprehensive planning in Georgetown. Exhibit 1 is a schematic flow chart which illustrates the dynamic nature of the Century Plan process. Subsequent to approval of the Policy Plan, the Century Plan Task Groups will begin to develop the individual Functional Plan Elements. Fifteen Functional Plans are proposed to describe in detail the manner in which the Policy Plan will be fulfilled. The preparation and adoption of the Functional Plans, including Land Use, Transportation, Utilities, Parks, Environmental, Citizen Participation, Facilities and Services, Housing, Economic, Health and Human Services, Historic Preservation, Airport, Annexation, Urban Design, and Capital Improvements, are to be completed in subsequent years. The chart on Exhibit 2 shows the sequence for completion of the major Century Plan elements. As a dynamic document the Plan must continue to reflect the conditions, 4 resources, needs, and desires of the community. Therefore, provisions have been made in Chapter Four for amendments and revisions will be made to the Plan. Similarly, based on the mandates of the Policy Plan and the individual Functional Plans, revisions will be made to local regulations which affect land development, including the Zoning and Subdivision Ordinances and many other aspects of the City's decision -making process. 5 EXHIBIT 1 THE CENTURY PLAN PROCESS CHARTER AMENDMENT FORMULATE WORK -PROGRAM AND BUDGET BASIC PREPARATION & DETAIL SCOPE OF WORK BASE STUDY INVENTORY DEVELOP POLICY PLAN APPROVE POLICY PLAN DEVELOP FUNCTIONAL PLANS APPROVE FUNCTIONAL PLANS IMPLEMENT FUNCTIONAL PLANS: 1. Create capital improvements program 2. Amend zoning/subdivision ordinances 3. Annual division work program UPDATE BASE STUDIES AMEND POLICY PLAN AMEND FUNCTIONAL PLANS EXHIBIT 2 CENTURY PLAN WORK PROGRAM FY 1986-87 Base Mapping Socio-Economic Physical Features Land Use Transportation Utilities Facilities & Services Housing Historic Preservation Urban Design Fiscal Impact COMPLETED ELEMENTS Policy Plan Development Plan Element Land Use Plan Transportation Plan Utilities Plan Parks Plan Economic Plan Facilities and Services Plan 7 TO BE COMPLETED Historic Preservation Plan Airport Plan Urban Design Plan Annexation Plan Environmental Plan Citizen Participation Plan Housing Plan Health & Human Services Plan Capital Improvements Program H. PRINCIPLES & ASSUMPTIONS Future growth and development in Georgetown will be directed primarily by the Ends prepared by the citizens of this community and included within the Policies chapter of the Policy Plan. The determination of the original set of Ends statements was based on the data compiled and analyzed in the nine Base Study Reports, as well as the personal experiences and biases of the Century Plan Task Group members. These original statements were changed through a periodic revision to the Policy Plan approved on September 24, 1996. Even more fundamental to the formation of Ends, however, are certain principles and assumptions which influence everyday life in Georgetown. These principles and assumptions are described in this chapter because they will continue to form the foundation of the Century Plan even as it is amended and revised throughout the planning period. ►; PRINCIPLES The Century Plan was based on several beliefs and values which are even more fundamental than the policies developed for this Plan. These are principles on which everyday life in Georgetown, the State of Texas, and, in fact, the whole United States is based. It has been assumed that everyone shares these basic principles and that they will continue to be widely held throughout the planning period. In other words, there will be no major change in the fundamental values of the community before the year 2010. If these principles were not so universal and enduring, the ends contained within the Century Plan could not have been written by a group as diverse as that which made up the Century Plan Task Groups. The list of principles which follows is not necessarily all inclusive, it contains those which were most often expressed during the public discussions which resulted in the Century Plan. Furthermore, because the principles are all considered equally important and fundamental, they are not listed in order of relative importance. All people, within the boundaries of the law, are free to live as they choose. This is one of the fundamental rights provided to residents of the United States. The government is committed to allowing all persons the freedom to conduct their private lives as they see fit. Certain laws are necessary, however, to ensure that one person's right to live as they choose does not interfere with another person's right. The government of the City of Georgetown shall operate in a democratic manner, being representative of the people, and all persons shall have equal access to the democratic process. The United States was founded as a democracy - a government of the people, by the people, and for the people. The government therefore, must be conducted in such a manner as to enable all persons to have the opportunity to input their values, beliefs, needs, and desires into the public process. The opportunities and benefits of the Georgetown community shall be available to all persons. The United States government is committed to ensuring that opportunities for employment, housing, and all publicly funded programs be determined on the basis of individual merit, rather than race, creed, color, national origin, age, sex, or physical capabilities. The benefits of the Century Plan will be distributed throughout the community independent of the characteristics listed above. The City recognizes the necessary interdependence between the built and 6 the natural environment. This acknowledges that in order to ensure that our limited natural resources are available for future generations, it is necessary to manage their use. ne fundamental purpose of government is to serve the community and to provide basic services. It would not be possible to commit to many of the principles already listed, or to the Ends contained in the Policy Plan, if the City did not ensure the provision of certain basic services. Furthermore, without the assistance of the government some people would not be able to meet some of their most basic needs. 10 ASSUMPTIONS The Century Plan is also based on certain assumptions about conditions which will continue to exist throughout the planning period. There are certain overriding conditions which either cannot or should not be controlled by the City of Georgetown or its residents. Although most people take many of these conditions for granted, they must be considered when planning for the future of the City because they do affect the need for facilities and services, infrastructure, housing, employment, and other elements considered by the Century Plan. The following list of assumptions includes as many of those overriding conditions which the members of the Century Plan Steering Committee and Task Groups and the Planning Department could think of during the process of developing the Century Plan. Again, they are not in order of importance. • Median age will continue to increase. • The proportion of elderly (65 years and over) in the population will continue to increase. • Average family size will continue to decrease. • Average family income will continue to increase. • The number of women in the labor force will continue to increase. • The number of two parent working households will continue to increase. • Educational levels will continue to increase. • Southwestern University will continue to be a major contributor to the economy and cultural vitality of Georgetown. • Georgetown's economy will continue to be dependent on the economy of the Austin Metropolitan Area, as well as the economy of the State and the Nation. • The Georgetown economy will become increasingly more urbanized. • The number of new jobs will continue to out pace the growth in population in the Austin Metropolitan Area. • The government sector (City, GISD, County, State, and U.S.) will 11 continue to play a major role in the Georgetown economy, and Georgetown will continue to be the County seat. • Single family homes will continue to be the preferred housing type. • The automobile will continue to be the predominant form of transportation. • The Austin Metropolitan Area and the whole Sunbelt will continue to grow. • The majority of the population increase in Georgetown will come from migration. • The need to protect and conserve all natural resources, including water, air, energy, and land, will continue to be an important issue in Texas. • Georgetown's locational advantages will not decrease. • Political conditions at the international, national, state, and local levels will continue their post World War II evolutionary path and undergo no drastic changes. • Existing significant natural and man-made conditions and features will not drastically change. • Georgetown's historical and natural character will continue to be a major asset in attracting new business, development, and population. 12 M. POLICY AREAS The Century Plan Task Groups placed their primary emphasis on consideration and development of Ends statements. In that sense, and because the Policy End and Focus End statements will guide growth and development in Georgetown throughout the planning period, this chapter forms the heart of the Policy Plan. Taken as a whole, the Ends establish the basic intent of the Plan and the manner in which the City intends to approach business during the planning period. Policy Ends are defined as expressions of community values and so were written to be broad enough to have the consensus of the general public and to be relatively permanent. If the Century Plan is to have meaning as a long range planning document, the Policy Ends should not become outdated or unacceptable during the short term, or when one or more of the related Focus Ends cannot be met. The City Council action to adopt the Policy Plan establishes the Policy Ends statements as legally binding elements of the Plan. These statements are shown in bold in Chapter Three. 13 In order to define how the Century Plan Task Groups and Steering Committee intended for the Policy Ends to be fulfilled, Focus Ends were written. Focus Ends are more specific than Policy Ends and provide clarification and further definition of the Policy End. Focus Ends originate with Century Plan Task Groups during the creation of a Functional Plan Element, or with the City Council during the creation of an Annual Operating Plan Element and are subject to an annual process of reevaluation and redefinition, as described in the ADMINISTRATION chapter. This annual amendment process will ensure that the Focu Ends are responsive to changing priorities, revenues, conditions, and dependencies. The ends will be used by future City Councils to measure the City's success at fulfilling individual policies. Through the process of amendments, revisions and Annual Operating Plan elements, future City Councils will be able to modify specific actions and determine expenditures as new programs are identified and funding levels are determined. Mean statements describe the specific activities that can be taken to achieve an End. They are specific and measurable actions that will yield a clearly identifiable result. Mean statements are developed by City staff during the budget process and appear only in the Annual Operating Plan Element. Means have their origin in the specific recommendations of a Functional Plan Element, or from the knowledge and expertise of City staff. When adopted as a part of the Annual Operting Plan Element, they become legally binding. The Ends in this chapter are organized by fourteen major categories. These categories were developed to be inclusive of one or more of the elements which the City Charter mandates must be included in the comprehensive plan. Although some of the Policy Plan categories are the same as the Charter mandated elements, others are different. All of the categories, however, can be directly related to one or more Charter elements. The organization of the Policy Plan in this manner serves to illuminate interdependencies among the Charter elements when determining Ends. The more specific manner in which each individual category corresponds to the Charter elements is described in an introduction to each category. All of the Charter elements have been included at least once within the categories so that there are Ends written for all the elements. The relationships among Charter -mandated elements, Policy Plan categories, and Functional Plans are shown on Exhibit 3. 14 EXHIBIT 3 INTERRELATIONSHIPS BETWEEN CENTURY PLAN COMPONENTS SECTION 1.08 CITY CHARTER POLICY PLAN FUNCTIONAL PLAN "ELEMENTS" CATEGORIES (13) ELEMENTS An Economic Element for Economic Development Economic Development Commercial and Industrial Development and Redevelopment Plan Element A Public Services and Facilities Facilities and Services Facilities and Services Element (including CIP) Plan Element Education Airport Plan Element A Public Buildings and Related Fiscal Plan (CIP) Facilities Element Finance Element A Conservation and Environmental Environmental and Environmental Plan Resources Element Resource Conservation Element A Citizen Participation Element Governmental Affairs Citizen Participation Plan Element A Future Land Use Element Growth and Physical Annexation Plan Development Element Land Use Plan Element A Health/Human Services Element Health and Human -1iealth and Human Services Services Plan Element A Historic Preservation Element Historic Preservation -Historic Preservation and Plan Element An Urban Design Element Urban Design Urban Design Plan Element A Housing Element Housing Mousing Plan Element A Recreation and Open Space Element Recreation and Parks Plan Element Cultural Affairs A Traffic Circulation and Public Transportation Transportation Plan Transit Element Element A Wastewater, Electric, Solid Waste, Utilities and Energy Utilities Plan Element Drainage and Potable Water Element 15 ECONOMIC DEVELOPMENT The City Charter specifically mandates that the Century Plan should include "an economic element for commercial and industrial development and redevelopment." The Economic Development category includes this element, and is also related to "a future land -use element" and "a citizen participation element. it In addition to these specifically mandated elements, Economic Development Ends are related to such topics as employment, interaction with other public and private agencies, annexation, finance, governmental affairs, and environmental concerns. 1.0 Georgetown's economy is self-sustaining through diversified growth, a broad tax base with minimal impact from economic fluctuation, enhanced business opportunity and job creation. 1.1 Existing undeveloped sites in Georgetown are put to beneficial use. 1.2 Georgetown recruits small to mid -sized commercial/industrial firms from all areas of the production process (i.e., research and development, assembly, production, distribution, warehousing, and retailing). 1.3 The City, the Georgetown Industrial Foundation, the Chamber of Commerce and local business and industry work together to promote an aggressive commercial/industrial retention and expansion program. 1.4 Georgetown attracts spinoff companies from major employers in the region. 1.5 Georgetown minimizes the number of employees it exports to surrounding labor markets. 1.6 The City seeks funding resources to assist in training or retraining of the local labor pool. 1.7 The City provides financial and nonfinancial incentives to promote economic development. 1.8 The downtown is an economically viable component of the retail and business community. 1.9 All citizens actively participate in local trade and commerce. 1.10 The City actively cooperates with merchants and business associations to promote trade and commerce within the local community. 1.11 The tourism industry in Georgetown is developed and promoted, while preserving the community's small-town charm. 16 EDUCATION The category of Education is not specifically addressed by the City Charter; however, it is derived from the "public buildings and related facilities element", and the "public services and facilities element, which shall include but not be limited to a capital improvement program." Education Ends should define desirable relationships between the City government and Georgetown Independent School District, Southwestern University, and child/day care entities. 2.0 Diverse and comprehensive educational opportunities are available through public and private cooperative efforts. ENVIRONMENTAL & RESOURCE CONSERVATION The Environmental and Resource Conservation category is specifically required by the following Charter element: "a conservation and environmental resources element." It is also related to the following Charter elements: "a future land -use element," "an urban design element, " "historic preservation elements, " and "a wastewater, electric, solid waste, drainage and potable water element. " These Ends also deal with open space, physical development, and urban form. 3.0 The physical qualities that make Georgetown attractive are protected. 3.1 Georgetown's water resources system provides a sufficient water supply of high quality to meet future City needs, to meet economic development and recreational requirements, and to conserve wildlife. 17 FACILITIES & SERVICES The City Charter includes two required elements which are directly related to the Facilities and Services category; these are "a public buildings and related facilities element: and a public services and facilities element, which shall include but not be limited to a capital improvement program." Facilities and Services also relates to the "recreation and open space element" and the "health and human service element," as well as the related topics of education, parks, City -owned property, Southwestern University, and the Georgetown Independent School District. 4.0 The City provides for the safety of its citizens and supports the responsive delivery of coordinated services by the City and other public agencies. 4.1 The City centralizes and co -locates services on existing City -owned property whenever possible. 4.2 The City has a high level of employee satisfaction and retention. 4.3 Georgetown Public Library's information and collections are accessible to all citizens. 4.4 The Georgetown Public Library has a collection development budget which equals the national per capita for library expenditures in a comparable population category. 4.5 The Georgetown Public Library's resources are expanded through partnerships with a variety of organizations, including non-profit, corporations, governments, schools and community groups. 4.6 The City meets the needs of internal and external customers through innovative acquisition and use of information resources. 4.7 There is trust and harmony between the City's public safety providers and all segments of the community. 4.8 Georgetown is effective at resolving issues related to crime, disorder and fear of crime. 4.9 Georgetown's fire protection is adequate and equitable throughout the City. 4.10 Georgetown is prepared to respond to large scale natural and technological emergencies. 4.11 Public safety services are provided to adjacent areas outside of the City limits through contractual agreements with other government organizations, ensuring equitable and efficient coordination of services. 4.12 Public safety services have a high level of citizen and volunteer involvement. 4.13 The City is safe from animal threat, provides attractive and humane animal accommodations, and encourages the adoption of animals. FINANCE While it can be said that all of the City Charter elements and all of the other categories are dependent to some degree on the Finance category, some have a more direct and obvious relation than others. The Charter element which is most directly related to Finance is "a public services and facilities element, which shall include but not be limited to a capital improvement program." This category is also related to "a wastewater, electric, solid waste, drainage, and potable water element, " and "an economic element for commercial and industrial development and redevelopment. " In addition, the related topics of taxes, interaction with other taxing entities, funding options, city administration, and annexation are included within these policies. 5.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both short-term and long-term needs are provided. 5.1 Each utility system is a self -supported operation that provides a desirable and affordable level of service. 5.2 The City investigates the privatization of each City operation, as appropriate. 5.3 The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems. 5.4 The tax rate is reasonable and fair and does not hinder economic development. 5.5 The City has a method for funding street and streetscape improvements. 5.6 The City pursues all federal and state grant programs which would benefit the City. 19 GOVERNMENTAL AFFAIRS The Governmental Affairs category is directly related to at least two of the City Charter elements, including "a citizen participation element" and "a public buildings and related facilities element." In addition, this category is related to the topics of intergovernmental coordination, city administration, finance, and annexation. 6.0 A high level of cooperation and involvement exists among Georgetown's citizens and governmental organizations. 6.1 All citizens actively participate in governmental functions. 6.2 The City develops and coordinates service delivery policies with Williamson County, the Georgetown Independent School District and other organizations that provide services to Georgetown. 6.3 The City is a strong and visible participant in developing comprehensive solutions to issues of concern on a regional level. GROWTH & PHYSICAL DEVELOPMENT The Growth and Physical Development category is related to nearly all of the City Charter mandated categories, the most direct tie being to "a future land -use element. " However, it is also related to "a traffic circulation and public transit element," "an economic element for commercial and industrial development and redevelopment," "a wastewater, electric, solid waste, drainage and potable water element," "a public services and facilities element, which shall include but not be limited to a capital improvement program," "a housing element," and "a conservation and environmental resources element. " Clearly the Growth and Physical Development category is dependent on many of the other Policy Plan categories and Charter elements. 7.0 Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development. 7.1 The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense. 7.2 Annexation procedures and standards benefit the community. 20 HEALTH & HUMAN SERVICES The City Charter specifically requires "a health and human service element, " which is addressed by the Health and Human Services category. Also addressed by this category are the related topics of public and quasi -public facilities, interaction with public and private agencies, and demographics. 8.0 Comprehensive, affordable health and human services are available through public and private organizations. HISTORIC PRESERVATION The Historic Preservation category is specifically required by the City Charter through mention of a "historic preservation element". It is related to the "urban design element," the "conservation and environmental resources element," and the "recreation and open space element." The Ends under this category also address physical development, economic development, and tourism. 9.0 Prehistoric, historic, and cultural resources are preserved, protected and promoted. HOUSING The City Charter requires "a housing element" to be included in the Century Plan. In addition to directly addressing this mandate, the Housing category is also related to "a future land -use element," as well as the transportation system, public and quasi -public facilities, and urban form. 10.0 The City cooperates with builders, developers and property owners to provide safe and adequate housing opportunities for all citizens. 21 RECREATION & CULTURAL AFFAIRS The Ends under the Recreation and Cultural Affairs category specifically address the City Charter -mandated "recreation and open space element. " This category is also related to "a public buildings and related facilities element," "a conservation and environmental resources element," "a public services and facilities element, which shall include but not be limited to a capital improvement program", and "a citizen participation element." This category may also refer to historic preservation, Southwestern University, and the Georgetown Independent School District. 11.0 All citizens actively participate in community -wide social, cultural, and recreational activities. 11.1 The City maintains and upgrades existing parks and constructs new parks through a diversified funding and acquisition program. 11.2 The City's park facilities and recreational programs meet the leisure needs of citizens. 11.3 Georgetown has an attractive and coordinated system of hike and bike trails. 11.4 The City has recreational programs targeting those who are physically or otherwise challenged. 11.5 The City has an ongoing process for recreational needs assessment and program evaluation. 11.6 The City has in-house capability in horticulture. 11.7 The City encourages the U.S. Army Corps of Engineers to continue to make Lake Georgetown water and land resources available to the community and to be responsive to the community's expanding and changing needs. 11.8 The City has greenbelts along the tributaries (e.g. Smith Branch, Pecan Branch, and Berry Creek) that feed into the San Gabriel River. 11.9 The City has joint venture development and use agreements with other recreational providers for existing facilities and/or for future development. Ma TRANSPORTATION The Transportation category is most directly related to "a traffic circulation and public transit element." It is also related to "a future land -use element," "a wastewater, electric, solid waste, drainage and potable water element," and "a public services and facilities element, which shall include but not be limited to a capital improvement program. " Transportation Ends will also affect urban form and development. 12.0 Georgetown's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the needs of individuals. 12.1 The City maintains a Transportation Functional Plan that includes all modes of transportation. 12.2 The City supports an area -wide transportation effort through coordination with other public and private organizations. 12.3 The City has sidewalks and crosswalks throughout the City, especially around and between schools and parks. 12.4 The City supports private transportation services in the community. 12.5 The City has continuous frontage roads along Interstate Highway 35 through Georgetown. 12.6 The Georgetown Municipal Airport is an integral part of the transportation system and business activity of the community. 12.7 There is direct public access to the area east and west of the Georgetown Municipal Airport runways. URBAN DESIGN The Urban Design category is required by the inclusion of an "urban design element" in the City Charter. It is directly related to the Historic Preservation element, as well as the "future land -use element" and the "economic element for commercial and industrial development and redevelopment. " 13.0 Georgetown has a positive, identifiable image and an attractive appearance. 23 UTILITIES & ENERGY The Utilities and Energy category is directly required by the City Charter by the inclusion of "a wastewater, electric, solid waste, drainage and potable water element. " It is also related to the "future land -use element," and the "public services and facilities element, which shall include but not be limited to a capital improvement program. " For the purposes of these policies, utilities have been defined to include water, wastewater, electric, stormwater drainage, gas distribution, solid waste management, and telecommunications systems. 14.0 Georgetown's utility systems provide safe and reliable service which meets the needs of all citizens and promotes the economic health of the community. 14.1 Customers of the City's electric utility have a range of choices with respect to rates, service levels and power supply options. 14.2 Water and wastewater services exceed state and federal standards and are provided to a all certified areas. 14.3 The stormwater drainage system efficiently and effectively protects the health and safety of Georgetown's residents and minimizes the negative effects of standing water and urban runoff. 14.4 The City uses available and emerging alternative energy sources when beneficial. 14.5 The City's utility policies and practices promote and encourage the protection and conservation of Georgetown's environment and natural resources. , 14.6 Franchised utilities provide adequate services for all citizens. 24 IV. ADMIlNISTRATION This chapter of the Policy Plan establishes the rules and procedures for day to day administration of the Century Plan (Plan). This section describes how the Plan complies with speck Charter requirements, prescribes speck implementation measures, including direct integration with the budget process, and describes the manner in which the Plan may be amended and revised. It also provides, in ordinance language, how the elements of the Plan are to be adopted, and the procedures and requirements (including time elements) for modifications to the Ends in the Plan, and for changes to the Functional Plans. Additionally, the procedure for modifying the administrative provisions of this chapter is provided. The intent of this chapter is to provide direction for future actions after the Policy Plan, the Functional Plans, and implementation mechanisms have been adopted. The Articles of this Chapter are printed in bold to indicate that they have the same legal status as the Policy End statements in Chapter Three. 25 The Charter requirements set the stage for both the implementation measures and the procedures for amendments and revisions to the Plan discussed later in this chapter. The Charter Amendment of April 1986, which added Section 1.08 to the City Charter, established comprehensive planning "... as a continuous and ongoing governmental function... ," and spelled out general requirements for preparation, implementation and revision of the Plan. The methodology for preparation of the Plan has been described in the previous sections. This section describes and extrapolates the Charter requirements for implementation and amendment/revision. The Charter includes within the scope of each Plan "element," policy recommendations for the Plan and its implementation. In part the Plan shall be implemented by ". . . the adoption and enforcement of appropriate land development regulations." The two major development regulations in the City are the Zoning Ordinance and the Subdivision Regulations. The Charter specifies that "... all land development regulations including zoning and map, subdivision regulations, roadway plan, all city regulatory actions relating to land use, subdivision and development approval should be consistent with the adopted comprehensive plan.... " The Charter also requires that "... all public and private development should be in conformity with such adopted comprehensive plan. . . . " Besides containing recommendations for implementation measures, the Plan must "... be coordinated and be internally consistent. " Another significant administrative concept found in Section 1.08 of the City Charter concerns amendments and revisions. The Charter mandates that the Plan "... be amended only once per year and revised not more than once every five (5) years. . . . " The Charter does not describe in detail what constitutes an amendment or revision of the Plan. (Provisions regarding amendments and revisions are presented later in this chapter.) However, the Charter does allow for more frequent amendment/revision, only if approved by a majority plus one vote of the City Council members. However, potentially significant reduction of the Plan's effectiveness could result if numerous amendments/revisions occur without sufficient supporting information or impact assessment. 26 ARTICLE I. GENERAL ADMINISTRATION SECTION 1.01 AUTHORITY. This Comprehensive Plan, which shall be known as the Century Plan, is adopted under the authority of the Constitution and laws of the State of Texas and pursuant to the provisions of Article I, Section 1.08 of the Home Rule Charter of the City of Georgetown, Texas. SECTION 1.02 PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to establish comprehensive planning as a continuous and ongoing governmental function in the City of Georgetown so as to promote, strengthen and improve the City's ability to guide, regulate and manage the future development within the corporate limits, extraterritorial jurisdiction and planning area of the City in order to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Through the process of comprehensive planning and the adoption and implementation of this Century Plan, the City intends to preserve, promote, protect and improve the public health, safety, order, appearance, convenience and general welfare; prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, recreational facilities, housing and other facilities and services; conserve, develop, utilize, and protect natural resources; and to maintain and enhance the quality of life enjoyed by its citizens. Furthermore, it is intended that this Century Plan shall have the legal status set forth herein and that all public and private development shall be in conformity with this Century Plan and each element or portion thereof. This Century Plan contains the City Council's policies for growth, development and beautification of the land within the corporate limits, extraterritorial jurisdiction and planning area of the City. SECTION 1.03 JURISDICTION AND APPLICATION. The provisions of this Century Plan shall apply to: A) All land within the territorial jurisdiction of the City as permitted by law in effect at the time of adoption of this Century Plan or as may be amended or revised from time to time; and B) All applicable programs, functions, projects, activities, efforts, regulations, requirements, or expenditures of the City. 27 SECTION 1.04 PLANNING DEPARTMENT RESPONSIBILITIES. The Planning Department, through the Director of the Division of Development Services or his/her designated representative, shall administer the provisions of this Century Plan and in furtherance of such authority shall: A) Maintain permanent and current records with respect to the provisions of this Century Plan, including amendments, revisions, changes and updates thereto; and B) Receive and process all applications and requests for amending, revising, changing and updating the Century Plan; and C) Forward copies of all proposed amendments, revisions, changes or updates of the Century Plan to other City Divisions or Departments, other governmental agencies or other organizations for their report and recommendation, when such report and recommendation is appropriate, necessary or desirable; and D) Review all: 1) applicable programs, functions, projects, activities, efforts, regulations, requirements and expenditures of the City; and/or 2) public and private development proposals, in order that compliance and consistency with the Century Plan is achieved; and E) Prepare periodic and regular reports on how all the following comply and are consistent with the Century Plan: 1) applicable programs, functions, projects, activities, efforts, regulations, requirements and expenditures of the City; and/or 2) public and private development proposals; and F) Make such other determinations, recommendations and decisions relating to the administration and implementation of the Century Plan as may be required of the Planning Department by: 1) the provisions of the Century Plan; or 2) the Planning and Zoning Commission; or 3) the City Manager; or 4) the City Council. SECTION 1.05 CONSISTENCY. All elements or portions of this Century Plan, including but not limited to ends, means, functional plans and annual operating plans shall provide a logical, integrated and unified system for establishing the nature and direction of future City actions. As such, this Century Plan will be comprised of individual components all of which shall be internally consistent and interdependent with each other. No one element or portion of this Century Plan, or combination thereof, shall be accorded greater importance or significance than any other element or combination of elements of equal level or status in the structure of the Century Plan. Therefore, the adopted elements or portions of the Century Plan shall be designed and arranged to reinforce and complement one another so that a coherent, rational and dynamic system for decision - making is achieved. ARTICLE II. IMPLEMENTATION SECTION 2.01 CENTURY PLAN STRUCTURE AND ELEMENTS. The organizational structure of the Century Plan shall consist of separate and distinct but interconnected levels of detail. These levels of detail will span a continuum ranging from the general to the specific, with each successive level providing greater clarification and explanation on the higher, previous more general level. The hierarchy of the Century Plan structure shall be: LEVEL OF DETAIL SPECIFICITY NIISSION STATEMENT GENERAL POLICY END FOCUS END CONTINUUM FUNCTIONAL PLAN I ANNUAL OPERATING PLAN MEANS SPECIFIC 29 The structural framework of the Century Plan will be employed for organizing and linking the major elements or components of the Plan. MAI or Century Plan elements shall be: A) POLICY PLAN ELEMENT B) LAND -USE PLAN ELEMENT C) UTILITIES PLAN ELEMENT D) TRANSPORTATION PLAN ELEMENT E) ENVIRONMENTAL PLAN ELEMENT F) PARKS PLAN ELEMENT G) PUBLIC FACILITIES AND SERVICES PLAN ELT H) HOUSING PLAN ELEMENT I) ECONOMIC PLAN ELEMENT J) HEALTH AND HUMAN SERVICES PLAN ELEMENT K) HISTORIC PRESERVATION PLAN ELEMENT L) CITIZEN PARTICIPATION PLAN ELEMENT M) AIRPORT PLAN ELEMENT N) ANNEXATION PLAN ELEMENT O) URBAN DESIGN PLAN ELEMENT P) FISCAL PLAN ELEMENT (CAPITAL IMPROVEMENTS PROGRAM) Q) ANNUAL OPERATING PLAN ELEMENT R) OTHER PLAN ELEMENTS AUTHORIZED AND APPROVED BY THE CITY COUNCIL SECTION 2.02 RELATIONSHIP OF CENTURY PLAN COMPONENTS. The structure of the Century Plan provides the continuity of thought and direction necessary for achieving clear and consistent interpretation and implementation of the Plan. Century Plan Policy Ends establish the main precepts from which the lower order components are derived. Policy Ends are the foundation upon which all other Plan decisions and components are constructed. They determine the scope and direction for the Focus Ends which refine the general concepts and intent contained in the Policy Ends. Focus Ends are the connection between Policy Ends and functional plan elements. By linking Policy Ends and functional plan elements, Focus Ends translate the general aims of the community into a realistic and achievable set of action oriented programs and projects. A step by step mechanism for carrying out the Century Plan is found in the individual functional plan elements. The annual operating plan is to be a budget - oriented functional plan element that states how the programs and projects found in the functional plans will be implemented within the one, two, and five year time horizons. It also includes the budgets and revenue projections for the one and two year plans. Means statements are included in the annual operating plan in order to define the specific activities to be taken to achieve the Ends. A new annual operating plan is to be adopted before the beginning of every fiscal year, at which time the previous 30 annual operating plan is automatically repealed. All components of the Century Plan, levels of detail as well as the individual functional plan and the annual operating plan elements, are mutually interdependent and reinforcing. Together the components present a cohesive and coordinated approach for City decision -making. Separately, individual Century Plan components provide the City with the ability to take concrete steps towards realization of the vision of the community embodied in the Plan. Thus, all Ends serve to define the details contained in the functional plan and annual operating plan elements and conversely each of the functional plan and annual operating plan elements reflect the direction set forth in the Ends. With such an arrangement, no one particular component or set of components is attributed more importance or carries greater force of law. All Century Plan components are of equal significance and designed to operate both in unison and independently to accomplish the aims of the Century Plan. SECTION 2.03 RELATIONSHIP OF THE CENTURY PLAN TO THE CITY' S ANNUAL OPERATING PLAN. The annual operating plan shall be prepared and adopted as the City's short range guideline for revenue projections, cost of service budgeting, and project planning. Identification, selection, prioritization, approval and funding of City programs, projects and work activities shall be based upon the adopted ends, means, and functional plan elements which comprise the Century Plan, and shall result in the annual operating plan that includes programs, projects and work activities for the one, two, and five year time horizons. The City staff and elected and appointed officials involved in the preparation of the annual operating plan shall rely upon the Century Plan to provide direction and guidance for their recommendations for and authorization of the expenditure of City controlled funds. In no instance shall City controlled funds, equipment, staff or efforts be used in a manner which is inconsistent or in conflict with, or contrary to the Century Plan. The annual operating plan shall include one and two year budgets and revenue projections, and one, two, and five year project plans. The use of multiple time horizons shall ensure that the activities, programs and projects required by the ends, means, and functional plan elements of the Century Plan are included within both the short and long range work programs of the appropriate City Division. The five year project plan shall identify and prioritize the programs, projects, and work activities which must be conducted within a five year time frame to fulfill the requirements of the Century Plan. The two year project plan shall be prepared to further detail and clarify the proper sequencing and scope of activities in the five year plan. It shall also identify the costs and funding estimates required to implement the City's second year project plan. The one year project plan and budget will be prepared within the context of the 31 five and two year budgets in order to ensure that annual progress is made to accomplish the Century Plan programs, projects and work activities in the proper sequence, to the appropriate extent, and commensurate with available resources. It will identify specific projects and their costs and funding sources to be carried out within the following year by the appropriate City Division. The City shall maintain and annually update the annual operating plan and budget pursuant to this Chapter in order to program the various fiscal requirements of the Century Plan. SECTION 2.04 SCHEDULE OF ACTIVITIES FOR INTEGRATING THE CENTURY PLAN INTO THE CITY' S ANNUAL OPERATING PLAN PREPARATION PROCESS. Upon adoption by the City Council of the Century Plan, or element or portion thereof, the City Manager shall assign to the Director of the appropriate City Division the responsibility for implementing the approved and authorized component of the Century Plan. The following schedule of activities shall be employed to integrate the Century Plan into the City's annual operating plan preparation process: 32 FISCAL YEAR DATE I ACTIVITY OCTOBER 1 I New Fiscal Year begins NOVEM 3ER 15 Division Directors submit an Annual Evaluation Report for the preceding fiscal year to the City Manager JANUARY 15 City Manager submits an Annual Evaluation Report to the City Council FEBRUARY 1 Division Directors submit to the City Manager their recommended Century Plan revisions and amendments and proposed one, two, and five year project plans. to be considered for funding/approval in the annual operating plan MARCH 1 City Manager submits to all City Council - appointed boards and commissions the compiled recommended Century Plan revisions and amendments and proposed project plans MAY 1 City Council -appointed boards and commissions submit their comments on the recommended Century Plan revisions and amendments and proposed project plans JUNE 15 City Council selects revisions and amendments to the Century Plan and establishes a prioritized one, two, and five year project plan to be considered for inclusion in the City's annual operating plan DULY 15 Division Directors propose Mean Statements to City Manager JULY 30 City Manager finalizes budget proposal AUGUST 15 City Manager submits to the City Council budget costs for addressing the Council's prioritized project plan SEPTEMBER 30 City Council adopts Century Plan revisions and amendments, establishes a new effective date for the adopted Century Plan elements, and 33 SECTION 2.05 ANNUAL REVIEW AND EVALUATION. By January 15 of each year the City Manager shall submit to the City Council an Annual Evaluation Report on the progress and status of implementation of the Century Plan. The Annual Evaluation Report shall contain a general review and analysis of the effectiveness and practicality of the Century Plan as a tool for policy and administrative decision -making and specifically shall address, but not be limited to, the following: A) A description and status report of the work activities, programs and projects undertaken during the previous fiscal year which are designed to implement the Century Plan; and B) Identification of opportunities and problems, both encountered and anticipated, for implementing the Century Plan; and C) General recommendations for improving the effectiveness, administration and implementation of the Century Plan. SECTION 2.06 ADOPTION OF CENTURY PLAN POLICY ENDS. In accordance with the requirements of the City Charter of the City of Georgetown, Texas, the Century Plan was officially adopted by the passage of Ordinance #880097. On the effective date of this ordinance (March 8, 1988), thirty four Policy Statements were approved. Through the Policy Plan Revision process adopted by the passage of Ordinance #**-**, effective September 24, 1996, 14 Policy End statements became the Policy End statements set forth in Chapter 3 and Chapter 4, Articles I through VI, inclusive, of this Century Plan, the official, legally adopted, binding portion of the Comprehensive Plan of the City of Georgetown as required by Section 1.08 of the City Charter, and so carry the full force and effect of law. Other chapters and provisions of this Century Plan shall be used as set forth herein. Upon subsequent adoption by the City Council of officially recognized ends, means, functional plans, annual operating plans, or other such similar Century Plan elements, said elements shall become a part of the officially approved and adopted Century Plan and shall have the full force and effect of other such similar Century Plan provisions. SECTION 2.07 ADOPTION OF OTHER CENTURY PLAN ELEMENTS. Subsequent to the adoption of this Policy Plan element of the Century Plan it is anticipated that additional elements will be adopted by the City. As adoption of any such additional element will constitute the initial adoption of such element, such adoption shall not be construed as a change, revision, or amendment of any element or portion of the Century Plan then in effect. The City Council is hereby authorized to approve and adopt any such subsequent and additional element, after first holding a public hearing on the proposed element, without regard to the provisions set forth in Articles III and IV of this Chapter. 34 ARTICLE III. REVISION PROCESS SECTION 3.01 APPLICATION. Any request for modification, change, addition or deletion of the City Council -adopted Policy Ends Statements shall be considered a proposed revision to the Century Plan. Revisions may be initiated by a City Council person, the Planning and Zoning Commission, or a petition signed by a mu imum of 50 residents of the City and/or the ETJ. Any application for revision shall be made upon forms provided for such purposes by, and filed with, the office of the Director. SECTION 3.02 PROCEDURE. Upon receipt of any application for revision, the Director shall forward same to the Planning and Zoning Commission along with a written report describing the nature of the change being requested. In matters concerning the Century Plan, the functions of the Commission shall include but not be limited to: A) Advise and assist the City Council in adopting revisions; B) File written comments on proposed revisions; C) Monitor and evaluate implementation of the Plan; D) Report to the City Council any perceived problems in implementing the Plan; and E) Advise the City Council of the need to revise the Plan. The Commission shall conduct a public hearing prior to making any recommendations regarding a proposed revision to the Century Plan. The public hearing shall provide members of the community the opportunity to comment on the proposed Century Plan yevision. SECTION 3.03 NOTIFICATION. The applicant shall provide public notice of the required hearing as follows: A) At least 30 days before the hearing the applicant shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the City Secretary, or other designated official, requesting notice of such hearing within two (2) years preceding the consideration of the revision. B) The applicant shall publish notice of the hearing a minimum of two (2) times, the first notice to appear at least 15, but not more than 30 days before the date set for the hearing, in one (1) or more newspapers with general circulation in the County. The notice shall not be part of the legal notices and classified ads, and shall not be smaller than one -quarter page. The headline must be in 18-point or larger type. The notice shall briefly describe the revision to be considered, the time and place of the hearing, and where additional 35 information regarding the revision can be obtained. A publisher's affidavit submitted to the Director to document that such notice was published shall be deemed substantial compliance with this requirement. Prior to the public hearing regarding the proposed revision to the Plan, in accordance with the public notice requirements of the Texas Open Meetings Act, the City shall make available to the public, at the City offices and at the Library, a description of the intended changes and the report to the Commission. SECTION 3.04 APPROVAL. Within 30 calendar days after the required public hearing the Commission shall prepare a written report to the City Council containing the Commission's recommendations regarding the application. If the Commission fails to act within the prescribed time period, the proposed revision shall be automatically forwarded to the City Council with a recommendation for denial. The City Council shall have 30 calendar days after receipt of the Commission's recommendation to approve or disapprove any proposed revision. Approval by Council shall be by ordinance on two (2) readings, approved in conformance with this Article. The revision may not be adopted as an emergency measure. Failure to act on the part of the City Council shall constitute an automatic denial of the proposed revision. The time limits established for both Commission and Council consideration of a proposed revision may be extended with the consent of both the applicant and the City Council. A written record shall be made of any required public hearing and shall be maintained for public inspection for at least 10 years after the hearing date. No revision to a Policy End Statement shall be adopted unless the City Council shall have approved said revision by a majority plus one (1) vote of all members of Council if said Policy End Statement has been in effect for less than five (5) years, or by a simple majority vote of a quorum of C60 cil if said Policy End Statement is included as a Periodic Revision pursuant to Section 3.05 below. If the City Council fails to pass an ordinance approving a proposed revision, a new application for the same revision to the Century Plan shall not again be accepted by the Director until after the expiration of one (1) year from the date the proposed revision was rejected. However, an application may be reconsidered within the above mentioned one (1) year period if it can be shown that the conditions under which a revision was requested have undergone a substantial change. The determination of substantial change shall be made by the Planning and Zoning Commission at the request of an applicant for a revision to the Century Plan. SECTION 3.05 PERIODIC REVISION. Pursuant to Article II, Section 2.06 of this Chapter, the effective date for Policy End Statements is established as September 24, 1996. In the five (5) years following the effective date, no revision shall be adopted, except by a majority plus one (1) vote of all members of Council. At the time that the next annual operating plan is approved following the fifth anniversary of the effective date, the Council also shall review and reconsider all Ends Statements in accordance with Article II of this Chapter. At this time all Ends Statements shall be reapproved either in their original form, or approved as revised. This action shall constitute the Periodic Revision of the Plan and shall require a simple majority vote of all Council members. Adoption of the Periodic Revision shall constitute a new effective date for all Policy End Statements. ARTICLE IV. AMENDMENT PROCESS SECTION 4.01 APPLICATION. Any request for modification, change, addition or deletion of the City Council -adopted Focus End Statement or Functional Plans shall be considered a proposed amendment to the Century Plan. Amendments may be initiated by a City Council person, the Planning and Zoning Commission, or a petition signed by a minimum of 50 residents of the City and/or the ETJ. If the proposed amendment impacts a specific parcel of property, -it may also be initiated by any person, firm, or corporation that is a majority owner of the property. Such an amendment that is initiated by petition must be signed by one-half of the property owners within 500 feet of the property to be impacted. Any application for amendment shall be made upon forms provided for such purposes by, and filed with, the office of the Director. SECTION 4.02 PROCEDURE. Upon receipt of any application for amendment, the Director shall forward same to the Planning and Zoning Commission along with a written report describing the nature of the change being requested. In matters concerning the Century Plan, the functions of the Commission shall include but not be limited to: A) Advise and assist the City Council in adopting amendments; B) File written comments on proposed amendments; C) Monitor and evaluate implementation of the Plan; D) Report to the City Council any perceived problems in implementing the Plan; and 37 E) Advise the City Council of the need to amend the Plan. The Commission shall conduct a public hearing prior to making any recommendations regarding a proposed amendment to the Century Plan. The public hearing shall provide members of the community the opportunity to comment on the proposed Century Plan amendment. SECTION 4.03 NOTIFICATION. The applicant shall provide public notice of the required hearing as follows: A) At least 30 days before the hearing the applicant shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the City Secretary, or other designated official, requesting. notice of such hearing within two (2) years preceding the consideration of the amendment. B) The applicant shall publish notice of the hearing a minimum of two (2) times, the first notice to appear at least 15, but not more than 30 days before the date set for the hearing, in one (1) or more newspapers with general circulation in the County. The notice shall not be part of the legal notices and classified ads, and shall not be smaller than one -quarter page. The headline must be in 18-point or larger type. The notice shall briefly describe the amendment to be considered, the time and place of the hearing, and where additional information regarding the amendment can be obtained. A publisher's affidavit submitted to the Director to document that such notice was published shall be deemed substantial compliance with this requirement. C) The applicant shall provide written notice of the hearing to each of the owners of land, as determined .from the most recent tax rolls of the Williamson County Appraisal District, lying within 200 feet of the property to be impacted by the proposed amendment. Such notice, which shall be given not less than 15 days before the date set for the hearing, shall include the time and place of the hearing, the address and/or legal description of the property to be impacted, and a brief description of the proposed amendment. In addition to the required written notice, the applicant shall place on the property to be impacted by the proposed amendment a City - approved sign or signs further advertising the required hearing. Such signs shall be placed on the impacted property not less than 15 days before the date set for the hearing at intervals that do not exceed 300 feet along each property line paralleling all established or proposed City streets. The requirements of this Section "C" shall apply only to those proposed amendments deemed appropriate for such notification by the Director. W Prior to the public hearing regarding the proposed amendment to the Plan, in accordance with the public notice requirements of the Texas Open Meetings Act, the City shall make available to the public, at the City offices and at the Library, a description of the intended changes and the report to the Commission. SECTION 4.04 APPROVAL. Within 30 calendar days after the required public hearing the Commission shall prepare its written report containing its recommendations to the City Council regarding the application. If the Commission fails to act within the prescribed time period, the proposed amendment shall be automatically forwarded to the City Council with a recommendation for denial. The City Council shall have 30 calendar days after receipt of the Commission's recommendation to approve or disapprove any proposed amendment. Approval by Council shall be by ordinance on two (2) readings, approved in conformance with this Article. The amendment may not be adopted as an emergency measure. Failure to act on the part of the City Council shall constitute an automatic denial of the proposed amendment. The time limits established for both Commission and Council consideration of a proposed amendment may be extended with the consent of both the applicant and the City Council. A written record must be made of any required public hearing and maintained for public inspection for at least 10 years after the hearing date. No amendment to a Focus End Statement or Functional Plan shall be adopted unless the City Council shall have approved said amendment by a majority plus one (1) vote of all members of Council if said Focus End Statement or Functional Plan has been in effect for less than one (1) year, or by a simple majority vote of a quorum of Council if said Means Statement or Functional Plan is included as an Annual Amendment pursuant to Section 4.05 below. If the City Council fails to pass an ordinance approving a proposed amendment, a new application for the same amendment to the Century Plan shall not again be accepted by the Director until after the expiration of six (6) months from the date the proposed amendment was rejected. However, an application may be reconsidered within the above mentioned six (6) month period if it can be shown that the conditions under which an amendment was requested have undergone a substantial change. The determination of substantial change shall be made by the Planning and Zoning Commission at the request of an applicant for an amendment to the Century Plan. 39 SECTION 4.05 ANNUAL AMENDMENT. The effective date for the adopted Century Plan functional plan elements is established as follows: • March 13, 1990: Development Plan, • April 28, 1992: Parks and Recreation Plan, • November 23, 1993: Economic Development Strategic Plan • September 24, 1996: Facilities and Services Plan Pursuant to Article H, Sections 2.06 and 2.07 of this Chapter, the effective date for additional Ends, Means, Functional Plans, annual operating plans or other such elements is established. In the one (1) year following the effective date, no amendment to these elements shall be adopted, except by a majority plus one (1) vote of all members of Council. At the time that the next annual operating plan is approved, the Council also shall review and reconsider all Ends, Means, Functional Plans or other such similar elements in accordance with Article H of this Chapter. At this time all such Ends, Means, Functional Plans or other such similar elements shall be reapproved either in their original form, or approved as amended. This action shall constitute the Annual Amendment of the Plan and shall require a simple majority vote of all Council members. Adoption of the Annual Amendment shall constitute a new effective date for all Ends, Means, Functional Plans or other such similar elements. 40 ARTICLE V. MODIFICATIONS TO CHAPTER 4 - ADMINISTRATION OF POLICY PLAN SECTION 5.01 PROCEDURE. The City Council may, after adopting the Policy Plan, revise, amend, change, modify or repeal any portion of Chapter 4 ADNIINISTRATION of said Plan after a duly notified public hearing. The administrative processes and requirements in Chapter 4 ADMINISTRATION shall be evaluated by Council by January 15 every year to allow for changes deemed necessary for proper Plan administration. Modifications allowed by this Article shall not be classified as either "Revisions" or "Amendments" to the Plan and may be adopted by simple majority vote of a quorum of City Council. 7- ARTICLE VI. DEFINITIONS SECTION 6.01 GENERAL. For the purpose of these regulations certain terms and words used herein shall be used, interpreted, and defined as set forth in this section unless the context clearly indicates to the contrary: A) words used in the present tense include the future tense B) words used in the plural number include the singular and words in the singular include the plural C) ` the word "shall" is always mandatory D) 'the word "herein" means "in these regulations" E) the word "regulations" mean "these regulations" SECTION 6.02 DEFINED. For the purpose of these regulations, certain words and terms herein are defined as follows: Amendment - any change, modification, addition or deletion to the Council adopted Focus End statements, Functional Plans, or any Plan -related programs or Ordinances. Amendment, Annual - a comprehensive approval, reapproval or ratification of all Ends, Means, Functional Plans or other such similar elements with modifications, if any, which occurs at one (1) year intervals during the life of the Plan and which requires a majority vote for adoption. Annual Evaluation Report - prepared by staff to inform the City Council of the 41 progress and status of Century Plan implementation. Annual Operating Plan - the annual statement of how the Century Plan will be implemented. It is to be prepared every fiscal year by each City Division to describe the revenues and expenditures for programs, projects, and work activities anticipated by the City. The annual operating plan shall include one, two, and five year time horizons. Century Plan - the Comprehensive Plan for the community. Century Plan Steering Committee - the Council appointed 15 member group, composed of the Mayor, two Council members, the seven Planning and Zoning Commission members, and five citizens at large, responsible for Policy Plan formulation. City - the City of Georgetown, Texas. City Council - the Georgetown City Council. City Manager - the chief administrative officer of the City of Georgetown, Texas, or his/her designated representative. Commission - the Planning and Zoning Commission of the City of Georgetown as established by Section 1.09 of the Home Rule Charter of the City of Georgetown, Texas. Components - all of the various parts that make up the Century Plan, including Ends, Means, Functional Plans, Annual Operating Plans and the levels of detail, from general to specific. Comprehensive Plan - the overall development plan for the community which has been officially adopted to provide long range development policies including all specified individual elements thereof. This is the same as the Century Plan. Director - the Director of the Division of Development Services for the City of Georgetown, Texas, or his/her designated representative. End Statement - see Focus End Statement, Policy End Statement and Mission Statement. ETJ Limits - the limits of the City's extra -territorial jurisdiction as granted by Chapter 42 of the Local Government Code. Focus End _Statement - a statement which expresses a desired result or condition; more specific than a Policy End. Functional Plan'- an individual plan developed in accordance with the Council adopted Ends; to address and provide future direction for each of the following areas: • Land Use • Utilities • Transportation • Environmental • Parks Housing • Health and Human Services • Airport • Historic Preservation 0 Annexation • Citizen Participation • Urban Design • Facilities and Services 0 Economic • Capital Improvements Program Means - the specific ways in which the City will reach its desired Ends. 42 Mission Statement - a broad statement of the purpose of the City; considered the broadest of all the Ends statements; more general than a Policy End. Planning Area - the projected limits for the City's ETJ in the year 2010. Planning and Zoning Commission - the City of Georgetown Planning and Zoning Commission as established by Section 1.09 of the Home Rule Charter of the City of Georgetown, Texas. Policy End - a broad, relatively permanent expression of the desired result or condition, based upon the community's values and the consensus of the general public; more general than a Focus End. Policy Plan - the City Charter -mandated element of the Century Plan consisting of the legally binding, Council adopted, Ends and the Council accepted Means which establish the framework for formulating the 15 individual Functional Plans. Project Plans - the City Division -level statement of programs, projects, and work activities that will be accomplished within a one, two, and five year framework. All project plans must be consistent with legally adopted Ends, Means, and Functional Plans. Revision - any change, modification, addition or deletion to the Council adopted Policy End statements. Revision, Periodic - a comprehensive approval, reapproval or ratification of all Policy End Statements with modifications, if any, which occurs at five (5) year intervals during the life of the Plan and which requires a majority vote for adoption. Task Group - one of the five Council appointed groups, chaired by a citizen -at -large member of the Steering Committee, responsible for recommending Ends for one (1) or more specific areas of concentration for consideration by the Century Plan Steering Committee. Territorial Jurisdiction - the Corporate Limits of tlle City of Georgetown, Texas, the extraterritorial jurisdiction of the City, and any additional area as permitted by law and which has been approved by the Council. 43 V. APPENDICES The final chapter of the Policy Plan, the APPENDICES, contains the supporting documents to the Plan. A more detailed description of the Policy Plan, including the background for comprehensive planning in Georgetown, the need for this Plan, and the manner in which the Plan was initially prepared and is to be continually maintained, is included. In addition, SECTION 1.08 of the City Charter, the major City Council action relating to the Century Plan is included. Finally, the nine inventory reports upon which the Plan is based are included by reference as well as the State Statutes related to planning, and the references used to develop this Policy Plan. APPENDIX 1 EXCERPT FROM CODE OF ORDINANCES City of Georgetown, Texas ADOPTED, APRIL 30, 1979 ARTICLE I. SECTION 1.08. Comprehensive plan. SUPPLEMENT NUMBER 7. (Ord. No. 86-12, Amend. No. 3, 2-25-86) SECTION 1.08. COMPREHENSIVE PLAN (1) PURPOSE AND INTENT. It [is] the purpose and intent of this Article that the City Council establish comprehensive planning as a continuous and ongoing governmental function in order to promote and strengthen the existing role, processes and powers of the City of Georgetown to prepare, adopt and implement a comprehensive plan to guide, regulate, and manage the future development within the corporate limits and extraterritorial jurisdiction of the City to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Through the process of comprehensive planning and the preparation, adoption and implementation of a comprehensive plan, the City intends to preserve, promote, protect and improve the public health, safety, comfort, order, appearance, convenience and general welfare; prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; facilitate the adequate and -ficient provision of transportation, water, wastewater, schools, parks, recreational facilities, housing and other facilities and services; and conserve, develop, utilize and protect natural resources. It is further the intent of the Article that the adopted comprehensive plan shall have the legal status set forth herein, and that all public and private development should be in conformity with such adopted comprehensive plan or element or portion thereof. (2) THE COMPREHENSIVE PLAN. The Council shall adopt by ordinance a revised comprehensive plan within two (2) years from the date the amended Charter is adopted, which shall constitute the master and general plan. The comprehensive plan shall contain the Council's policies for growth, development and beautification of the land within the corporate limits and the extraterritorial jurisdiction of the City, or for 45 geographic portions thereof including neighborhood, community or area - wide plans. The comprehensive plan should include but not be limited to: (a) A future land -use element; (b) A traffic circulation and public transit element; (c) A wastewater, electric, solid waste, drainage and potable water element; (d) A conservation and environmental resources element; (e) A recreation and open space element; (f) A housing element; (g) A public services and facilities element, which shall include but not be limited to a capital improvement program; (h) A public buildings and related facilities element; (i) An economic element for commercial and industrial development and redevelopment; (j) Health and human service element; (k) Historic preservation element; (1) Citizen participation element; and (m) Urban design element. The several elements of the comprehensive plan should be coordinated and be internally consistent. Each element should include policy recommendations for its implementation and should be implemented, in part, by the adoption and enforcement of appropriate land development regulations. The comprehensive plan shall be amended only once per year and revised not more than once every five (5) years unless such amendment or revision is adopted by all five (5) members of the City Council. An amendment is defined as a substantial change to the plan. (3) LEGAL EFFECT OF COMPREHENSIVE PLAN. Upon adoption of a comprehensive plan or element or portion thereof by the City Council, all land development regulations, including zoning and map, subdivision relations, roadway plan, all public improvements, public facilities, public utilities projects and all city regulatory actions relating to land use, subdivision and development approval, should be consistent with the adopted comprehensive plan, element or portion thereof. (4) LEGAL EFFECT OF PRIOR COMPREHENSIVE PLAN. Any comprehensive plan or element or portion thereof adopted pursuant to law, but prior to the effective date of this Charter shall continue to have such force and effect as it had at the date of its adoption, until further action pursuant to this section is taken by the City Council. (ORD. NO.86-12, AMEND. NO.3, 2-25-86) 46 APPENDIX 2 RESOLUTION NUMBER 870239.019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ESTABLISHING THE CENTURY PLAN STEERING COMMITTEE TO CREATE THE POLICY PLAN ELEMENT OF THE CENTURY PLAN AND SPECIFYING CERTAIN PROCEDURAL REQUIREMENTS REGARDING SAID PLAN WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, the said amendment furthermore states that a revised comprehensive plan containing the City Council's policies for growth, development, and beautification of land within its jurisdiction shall be adopted by April 1988; and WHEREAS, the City Council did on April 27, 1987 indicate general approval of a strategy for the formulation of a Policy Plan which would upon adoption fulfill the requirements of Section 1.08, subsection 2 of the City Charter said strategy utilizing a steering committee and task groups of specified composition to formulate said Policy Plan; NOW THEREFORE BE IT RESOLVED BY THF, CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT; (1) The Comprehensive Plan for the City of Georgetown pursuant to Section 1.08 of the City�Charter, which shall also be officially known as "The Century Plan: A New Century for Georgetown," shall be created by a group of persons known hereafter and referred to as 11re Century Plan Steering Committee and five (5) subgroups to be known as the Century Plan Task Groups whose members shall be appointed on the recommendation of the Mayor and approved by vote of a majority of the City Council in regular open meeting. (2) Said Century Plan Steering Committee shall be comprised of the seven (7) Planning and Zoning Commission members, two (2) City Council persons, and five (5) citizens -at -large whose terms of appointment shall run indefinitely except as otherwise provided by City Code. However, in the event of a vacancy being determined by Council, said vacancy shall be filled in the same manner of the original appointment. 47 (3) Said Century Plan Task Groups shall be comprised of up to fifteen individuals one of whom shall be a Steering Committee Citizen -at -large and shall also serve as chairperson for the Task Group. Each Task Group shall also include up to two additional Steering Committee Members. The Steering Committee shall be responsible for assigning its members to the individual Task Groups. (4) The aforementioned Century Plan Steering Committee is hereby authorized and directed to create the Policy Plan element of the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter utilizing the aforementioned Century Plan Task Groups and such additional Resource Persons and entities as may be deemed appropriate by each respective body. (5) The funding of costs incidental to the creation of the Century Plan shall be accomplished by using the adopted "Comprehensive Planning" budget. Minor expenditures shall be made subject to the approval of the Director of Development and Planning. Major expenditures shall be made subject to the specific authorization of the Council. The Director shall determine "major" and "minor" expenditures. (6) Said Policy Plan shall be completed, approved by consensus of the Steering Committee, and forwarded to the City Council for action no later than October 26, 1987. (7) Prior to submittal of the approved Policy Plan, the Steering Committee shall hold no less than one (1) public hearing for discussion of the plan at which a quorum of its membership is present. (8) Subsequent to the submittal of the aforementioned Policy Plan and upon specific authorization of the City Council said Steering Committee shall proceed with the formulation of such Functional Plans as may be deemed necessary to effectively implement the Policy Plan pursuant to Section.1.08 of the City Charter. Adopted this 23rd day of June , 1987. Jim Colbert, Mayor ATTEST: Pat Caballero, City Secretary APPENDIX 3 STATE STATUTES This Appendix lists those State statutes which are relevant to local planning. Municipal Zoning Authority. Vernon's Texas Codes Annotated, Chapter 211.001, 211.003. Impact Fees. Vernon's Texas Civil Statutes. Article 1269j-4.11. Municipal Annexation. Vernon's Texas Codes Annotated, Chapters 42-43. Municipal Regulation of Subdivision and Property Development. Vernon's Texas Codes Annotated, Chapter 212, 230. Authority of Municipalities to Establish Building Lines. Vernon's Texas Codes Annotated, Chapter 213. Municipal Regulation of Structures. Vernon's Texas Codes Annotated, Chapter 214. Improvement Districts in Municipalities. Vernon's Texas Codes Annotated, Chapter 372. M Municipal Utilities. Vernon's Texas Codes Annotated, Chapter 402. Home -Rule Municipality. Vernon's Texas Codes Annotated, Chapter 9. Streets and Alleys, Vernon's Annotated Civil Statutes, Article 1082, et. seq. Community Development in Municipalities. Vernon's Texas Codes Annotated, Chapter 373. Texas Water Code. 49 APPENDIX 4 OVERVIEW OF PROCESS THE CENTURY PLAN PROCESS This portion of the APPENDIX will provide an overview of comprehensive planning in general, and of Georgetown's own experience. It is important to know how and why comprehensive planning has developed over time in order to understand the need for using the Century Plan as a dynamic document to guide the decisions about Georgetown's future. The process being used by the City to develop, adopt, and utilize the Century Plan has combined technical knowledge and skills with grassroots community input. This process is intended to ensure that the Plan includes all of the ideas necessary to guide Georgetown's future in a comprehensive fashion and that it is accepted and used on a community -wide basis throughout the 23 year planning period. BACKGROUND AND PURPOSE OF COMPREHENSIVE PLANNING Comprehensive plans, under a variety of different names, have grown in importance and use throughout the past century. The present form of the comprehensive plan is a result of many decades of political, legal, and social evolution. The earliest comprehensive plans for cities in the United States were those which determined the basic design and street layout of Washington, D.C., Philadelphia, and Charleston. By the late nineteenth century those early, physical plans were replaced by plans which were actually proposals for general improvements emphasizing the aesthetic nature of the city. In 1925 the City of Cincinnati prepared a comprehensive plan which set long-term goals for the physical development of the City, and was based on data related to the existing conditions and estimates of future needs. This plan resulted in the adoption of zoning and subdivision controls and the expenditure of funds to ensure that it would be realized. Although the Cincinnati plan set a high standard early in the century, subsequent plans prepared by cities throughout 50 the country often fell short of this mark. Beginning in the 1930's and continuing through the 1960's, a number of cities prepared comprehensive plans as the federal government became financially involved in local activities. New Deal public works projects, and federal housing and redevelopment programs all spawned a large number of comprehensive plans. Many of these plans, although written with great promise for the way in which they were to influence local growth and development, only ended up gathering dust on the planner's shelf. Primarily, the problem lay in the fact that those comprehensive plans were not understood and accepted by the citizens to be the official policy of the city, and so the local decision -makers did not feel committed to the policies, goals, and objectives laid out in such plans. The result was that these plans were used more as background studies than as guidelines for future actions. During the past 20 years the scope of comprehensive planning has come to include social and economic factors, as well as the traditional physical factors. In addition, land use regulations are more often tied to the comprehensive plan, and therefore, it has become mandatory that cities prepare them. This change has been mandated by the courts in some cases, and by local charter or ordinance in others. Many cities today, Georgetown included, are preparing comprehensive plans that will be adopted by ordinance and carry the force of law. These plans will have to be used both in the day-to-day operation of city government and in the determination of long range strategies and programs. As it has in the past, the form, purpose, and constituency of the comprehensive plan will continue to evolve as the demands placed upon it continue to change. Therefore, it is not possible to prescribe the exact form which a comprehensive plan should take;_ however, there are several characteristics which are generally accepted as fundamental to a comprehensive plan. Comprehensive plans contain the policies which will guide the physical growth and development of a city over the long range future. As their name implies,. they should be comprehensive, including such functional areas as transportation, housing, land use, utilities, and public facilities. Although the comprehensiv6-plan is primarily intended to direct physical development, it should also contain socio-economic and social service elements because the people, and the manner in which they live, have a significant impact on physical form. The plan should also be geographically comprehensive, describing the characteristics and needs of all areas of the future city. The comprehensive nature of the plan implies that it will include all of these functional and geographic areas, and that it will consider the interrelationships among them. The policies included within the plan should provide a clear, consistent indication of the community's desires and aspirations for the future of the city. As such it becomes useful to local public officials and staff, as well as private builders, developers, businesses, and citizens, as a decision - making guide. 51 GEORGETOWN'S PAST PLANNING EFFORTS The first comprehensive plan prepared for Georgetown was in 1964 by the Austin consulting firm of Bryant-Curington, Inc. In addition to a description of Georgetown's historical and demographic background, this comprehensive plan described land use, circulation and the central business district, community facilities, community appearance, utilities and drainage, and capital improvements program. This plan was written with a minimal amount of detail and few recommendations. The 1976 Comprehensive Urban Plan was prepared by a different consultant, Samuel L. Wyse Associates, and produced somewhat more detailed descriptions and recommendations. This plan explored the topics of population, land use, housing, community facilities, commercial development, historic preservation, capital improvements, and environmental assessment. Very little community input went into the preparation of this plan and there was never any method adopted for implementing the recommendations. In order to improve the responsiveness and the timeliness of the 1976 plan, a community planning effort was undertaken by the City in 1979. Responding to the significant changes which had occurred in Georgetown since completion of the 1976 plan, a series of public hearings were held in each of eight sectors of the City to obtain citizen input on needs, issues, and problems. The result of this effort was a supplement to the 1976 plan entitled a Guide to Growth and Development in Georgetown, Texas. This study focused on immediate problems in each of the eight sectors and was not intended to be a long range planning tool. In general, it was used for the purpose for which it was developed, as a guide in the decision -making processes associated with rezoning and subdivision actions. Tlie -same consultants who prepared the 1976 comprehensive plan, wrote comprehensive planning studies in 1983 (updated in 1985). These studies included a Development Impact Analysis, a Thoroughfare Plan, and a Parks and Recreation Plan. The Development Impact Analysis included a Development Plan to guide land use decisions made by the City. The Development Plan map is the only portion of the previous studies to be adopted by the City Council. This was done in 1986 and was intended only as a temporary measure until the Land Use element of the Century Plan is adopted. The comprehensive plans prepared for Georgetown in the past have been more useful as sources of historical information about the City than as guides for decision -making. The fact that they did not receive the full support of the community, including the City Council, made them less useful as statements of ends and means for the future growth and development of Georgetown. 52 Furthermore, with no established guidelines for implementing the recommendations of the plans, those recommendations were generally overlooked or ignored as policies and programs were developed. CENTURY PLAN PROCESS Residents of the City of Georgetown approved by a wide margin the City Charter amendment requiring a comprehensive plan. In doing so, they committed the City to an ongoing planning process directed at coordinating all governmental functions, and influencing many quasi -public and private actions, towards the common goal of maintaining and enhancing a high quality of life. Upon approval of the Charter amendment, the first task was to develop a work program to prepare, adopt, and utilize the comprehensive plan. In June 1986 staff prepared and the City Council approved "A Program Proposal for the Preparation and Adoption of a Comprehensive Plan for the City of Georgetown, Texas. " This program defined the process, work tasks, and schedule to be followed to meet the April 1988 deadline established in the Charter amendment for adoption of the Plan. The Fiscal Year 1986-1987 and 1987-1988 budgets made significant commitments to the development of the Century Plan. Two additional staff planners and a graphics technician were hired, and an extensive base mapping program was undertaken in support of the Plan. Development of the Policy Plan proceeded through two major steps, including data collection and analysis and plan formulation. The first step was primarily the responsibility of City staff, who spent nearly ten months researching, compiling, analyzing, and presenting information which describes the demographic, social, economic, physical, and cultural characteristics of Georgetown as they existed in 1986 and 1987 and as they are projected to change throughout the 23 year planning period. Nine base study reports resultedfrom this effort, including: Socio-Economic Conditions Physical Features Transportation Utilities Urban Design Facilities and Services Land Use Housing Historic Preservation As each of these studies was prepared they were reviewed by the City's six Division Directors, the City Manager, and other City personnel for comprehensiveness and accuracy. These studies were designed to provide the various decision -making groups with a broad understanding of existing conditions, past trends, and potential future needs of the community as they relate to each of the base study subject areas. In addition, each of the base 53 study reports provided guidelines as to the issues considered most important by City staff. The base studies, therefore, supplemented by the personal experiences of each member of the Century Plan Task Groups, were used as the basis for development of the policies, ends, and means originally included in the Policy Plan. The base studies are included by reference in the plan to provide a common base of knowledge about Georgetown. They will be updated on a regular basis to account for changing conditions. The second major step in developing the comprehensive plan was plan formulation. In order to increase public awareness and involvement in the Plan, a contest to select a name for the Plan was held. Contest entries were limited to the fifth grade students of GISD. A jury consisting of one council person, the chairperson of the Planning and Zoning Commission and the Director of Development Services selected the entry of Rachael Schumacher as the winner. Thus, "The Century Plan: A New Century Georgetown" became the official name for the comprehensive plan. The Century Plan Steering Committee was primarily responsible for this step, although the City Council is responsible for final approval of the Policy Plan, the Functional Plans, and all subsequent amendments. The fifteen member Steering Committee was composed of two Council members, the Mayor, the seven Planning and Zoning Commissioners, and five citizens at -large. The five citizens at -large, who chaired the five Task Groups, were appointed by the Mayor and approved by the City Council on May 26, 1987. Each Task Group was composed of the Steering Committee members, as well as approximately 12 additional community residents with particular expertise or affiliations related to the Task Group's area of concentration. These citizens were appointed by the Mayor and approved by City Council on July 7, 1987. Many of the Task Group members were drawn from the membership of other city boards and commissions. This format, which is shown on Exhibit 1, was developed in order to allow for both decision -making efficiency and sufficiently broad based citizen representation to ensure public acceptance of the Century Plan, Each Task Group was responsible for specific subject areas designed to cover the whole range of issues to be included in the Century Plan, these are defined on Exhibit 1. During the month of August 1987, the five Task Groups met individually to prepare policies, goals, and objectives related to their areas of concern. The documents prepared by the Task Groups were submitted to the Steering Committee on September 9, 1987. Steering Committee review, with staff assistance, included reconciling conflicting statements, eliminating redundancies, and compiling the statements by category. The Steering Committee held a public hearing on November 16, 1987, to obtain input to the Plan from the whole community, and the City Council began their review of the Plan on December 8, 1987. This process was designed to ensure a high level of familiarity with 54 community issues. The individual perspectives, biases, and values of the people most closely involved promoted a thorough examination of issues and yielded realistic recommendations. Additionally, due to the involvement of Council members and Commissioners, final review and action on the Policy Plan and Functional Plans was expedited. A sense of involvement in and commitment to the Century Plan developed throughout the community due to the expenditure of time and incorporation of values and interests on the part of each of the Task Group members. A third major step in the evolution of the Century Plan was the integration of the Annual Operating Plan Element (AOP). The City's budget was officially designated as the AOP beginning with the 1992-93 fiscal year. Fully integrating the AOP with the remainder of the Century Plan has been a gradual process. Beginning in the 1993-94 fiscal year, the AOP used the 34 Policy Statements from the original Policy Plan 'Element as End statements. This innovation, along with the community's involvement in the creation of the Century Plan, were noted as significant by the American Planning Association when it recognized the Century Plan as the most outstanding comprehensive plan in a small jurisdiction in 1995. The 1996 revision to the Policy Plan has strengthened the connecton between the AOP and the other elements of the Century Plan. HOW THE CENTURY PLAN WORKS The work produced by each of the Task Groups, as refined by the Steering Committee and revised by the City Council in September 1995, is included in the POLICIES chapter of the Policy Plan and is in the form of ends, and means organized into thirteen categories. The categories are intended to cover the spectrum of subject areas delineated in the Charter and at the same time provide a framework in which policy statements can bridge the gaps between Charler,,specified elements. Policy Ends are statements of how the City intends to make decisions during the planning period, and Council approval of the Policy Plan establishes them as legally binding. Focus End statements are included in the Policy Plan in order to clarify and define the Policy Ends and for use in establishing the framework of the Functional Plans. Mean Statements express the specific actions that are necessary in order to achieve an End. They are derived from the Functional Plans and are placed in an Annual Operating Plan Element. Together the Ends and Means address the issues, needs, and values expressed by the Century Plan Task Groups and refined by the Steering Committee. Implementation of the Century Plan is an ongoing process. It will not end as each of the Functional Plans are adopted by the City Council. Just as 55 conditions, resources, needs,, and desires within the community will change, the Century Plan will be amended and revised to reflect new circumstances. The manner in which the Century Plan is amended and revised is described in more detail in the ADMINISTRATION chapter of the Policy Plan. 56 EXHIBIT 1 CENTURY PLAN APPROVAL PROCESS CITY COUNCIL CENTURY PLAN STEERING COMMITTEE Membership IS Mayor/Council - 3 Planning & Zoning - 7 At Large* - S TASK TASK TASK TASK TASK GROUP I GROUP 2 GROUP 3 GROUP 4 GROUP S Policy Policy Policy Policy Policy Land Use Economic Environment Health & CIP Utilities Development Historic Human Services Transportation Public Preservation Housing Facilities Urban Design Citizen Parks & Participation Recreation Airport Annexation *Task Group Chair persons 57 APPENDIX 5 GEORGETOWN CENTURY PLAN BASE STUDIES The following is a general overview of each of the Base Studies and their role in the formulation of the Century Plan. The Base Studies are included in the Policy Plan by reference. 1) BASE MAPPING - This effort involves the compilation and/or purchase of accurate maps at several scales. These will be produced to graphically depict inventory data for the Land Use, Transportation, Utilities, and Physical Features Base Studies, as well as many other uses. 2) SOCIO-ECONOMIC CONDITIONS - This study compiles and analyzes information on population characteristics, employment data, and economic features of the City, County and statistical region. This information was used to project future needs for the Land Use, Transportation, Utilities, Facilities and Services, and Housing Functional Plans. 3) PHYSICAL FEATURES - This study delineates the planning area boundary of the Century Plan and inventories existing natural and man-made features (generally at a regional scale and more specifically at the local scale) which constitute both constraints and opportunities to the growth and development of Georgetown. The major Functional Plans using this data are the Land Use Plan, Utilities Plan, Transportation Plan, Environmental Plan, and Parks �lan. 4) EXISTING LAND USES - This study provides the results of the 1987 land use survey. The products of this study are a land use map and a narrative analysis of land use by quantity, location, density, value, zoning relationship, and comparison to accepted standards. This study is the foundation upon which the Land Use Functional Plan will be developed. 5) TRANSPORTATION - This study inventories existing conditions, assesses future needs, and makes general recommendations regarding streets, parking, railroads, the airport, and specialized modes of travel including public transit, taxis, bicycle and truck operations. This information will be used directly in the formation of the Transportation and Airport Functional Plans as well as indirectly influence the Land Use, Utilities, Annexation, and Environmental Functional Plans. 6) UTILITIES - This study is similar in nature to the Transportation Study and covers the City's water, wastewater, stormwater management, solid waste management and electrical services. Local provision of gas, telephone and cable services is discussed on a general level. This study forms the basis for development of the Utility Functional Plan. 7) FACILITIES AND SERVICES - This study covers such elements as parks, government buildings, airport operations, libraries, schools, fire protection, police protection and health services. This study directly impacts the Facilities/Services Plan, Airport Plan, Health and Human Services Plan and Parks Plan. 8) HOUSING - This study is a corollary to the Land Use study focusing on the residential component. The quality and quantity of housing stock, fiscal characteristics and neighborhood setting is described. An assessment of housing needs and recommendations to meet the needs are included. This study is basic to the Housing Functional Plan. 9) URBAN DESIGN - This study draws generally from all other base studies and discusses such features as community image, impact of development regulations, and relationships between previous studies and reports. Urban design needs, opportunities and problems are assessed. This study forms the basis of the Urban Design Functional Plan. 10) HISTORIC PRESERVATION - This study is based upon the draft Historic Resource and Conservation Plan presented to Council in the fall of 1986. It includes an inventory of resources and suggestions for types of programs which may be created to conserve and utilize these resources. It forms the basis of the Historic Preservation Plan. 59 APPENDIX 6 REFERENCES BRYANT-CURINGTON, INC. Comprehensive Plan for Georgetown, Texas. 1964. CITY OF GEORGETOWN, TEXAS. ' " Century Plan Base Study Reports. 1987. Facilities and Services Historic Preservation Housing Land Use Physical Features Socio-Economic Conditions Transportation Urban Design Utilities CITY OF GEORGETOWN, TEXAS. Guide to Growth and Development in Georgetown, Texas. 1976. CITY OF GEORGETOWN, TEXAS. Code of Ordinances, Home Rule Charter. GOODMAN, WILLIAM I. AND ERIC C. FREUND, EDS. Principles and Practice of Urban Planning. (Washington, D.C.: International City Managers' Association, 1968). SA-?iUEL L. WYSE ASSOCIATES. City i, fGeorgetown, Texas, Comprehensive Plan 1976-2000. June 1976. SAMUEL L. WYSE ASSOCIATES. Comprehensive Planning Studies: Development Impact Analysis (1983, updated 1985) Thoroughfare Plan (1985) Parks and Recreation Plan (1985). APPENDIX 7 COPY OF PERIODIC REVISION ORDINANCE W 7 APPENDIX 8 ORDINANCE 880097 AN ORDINANCE ADOPTING PORTIONS OF THE POLICY PLAN ELEMENT OF THE CENTURY PLAN (POLICY PLAN) AS THE COMPREHENSIVE PLAN FOR THE CITY OF GEORGETOWN PURSUANT TOT SECTION 1.08 OF THE CITY CHARTER; DEFINING THE FORCE AND EFFECT THEREOF; ADDING CHAPTER 19 1/2 "COMPREHENSIVE PLAN" TO THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN; ADDING APPENDIX C, "GEORGETOWN CENTURY PLAN" TO THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986, such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, said City Charter now states that a revised comprehensive plan containing the City Council's policies for growth, development, and beautification of land within its jurisdiction shall be adopted by April 1-}8 ;and WHEREAS,- the City Council did on April 27, 1987, indicate general approval of a strategy which will comply with the requirements of Section 1.08, Subsection 2 of the City Charter; and WHEREAS, said strategy designated the Policy Plan Element of the Century Plan (Policy Plan) as being the mechanism by which compliance with the Charter shall be achieved; and WHEREAS, the City Council did on June 23, 1987, adopt a Resolution creating the Century Plan Steering Committee and Task Groups to create the Policy Plan; and 62 WHEREAS, the Century Plan Steering Committee and Task Groups did meet from July through November 1987 and did create the Policy Plan; and WHEREAS, the Century Plan Steering Committee did hold public hearings on the Policy Plan on November 16, 1987, and December 2, 1987, to describe the Policy Plan to the citizens of Georgetown and receive comments from the public on said Plan; and WHEREAS, the Georgetown City Council finds that "Century Plan" (Policy Plan) shall be adopted as the Comprehensive Plan of the City of Georgetown in compliance with Section 1.08, Subsection 2 of the Georgetown City Charter; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The certain document entitled City of Georgetown Century Plan Policy Plan, dated November 16, 1987 and revised February 23, 1988, which is attached as Exhibit A and made a part of this ordinance, shall from the effective date of this ordinance be the Comprehensive Plan for the City pursuant to Section 1.08, Subsection 2 of the City Charter. SECTION II. The Policy Statements in Chapter Three of the Policy Plan Element of the Century Plan are hereby adopted as legally binding policies for growth, development, and beautification of the City of Georgetown. SECTION III. ` The Administrative procedure in Chapter Four of the Policy Plan Element of the Century Plan is hereby adopted as legally binding and shall be the manner in which the Century Plan is implemented. SECTION IV. The Ends and Means statements in Chapter Three of the Policy Plan Element of the Century Plan shall not be legally binding, but shall act as guidelines for subsequent development of the Functional Plans. SECTION V. All future development, both public and private, shall be in conformity with the adopted Century Plan. SECTION VI. The Code of Ordinances of the City of Georgetown is hereby amended by adding Chapter 19 1/2, Comprehensive Plan "Century Plan" and 63 subsections thereto, as follows: Chapter 19 1/2 Comprehensive Plan "Century Plan" Article I. General Provisions Section 19 1/2-1 Adoption of Plan In accordance with Chapter 1.08 of the Georgetown City Charter, the City Council of the City of Georgetown has adopted that certain document entitled the "Georgetown Century Plan" (Policy Plan) for the purposes of directing the City Council, staff, and commissions in rendering actions and resolutions relating to the planning and development of the territorial limits of the City of Georgetown. This document, dated November 16, 1987 and revised February 23, 1988, the same which may be amended from time to time, is located in Appendix C of the Georgetown City Code. SECTION VII. The Code of Ordinances of the City of Georgetown is hereby amended by adding to the Appendix, Appendix C, "Georgetown Century Plan", as followr: Appendix C "Georgetown Century Plan" SECTION VIII. The effective date of the Policy Plan shall be midnight of the date upon which this ordinance is approved upon final reading. READ AND APPROVED on the first reading, on this the 23rd day of February , 1988. READ AND APPROVED on the final reading, on this the 8th day of March , 1988. Jim Colbert, Mayor ATTEST: Leta Wi loughby, City Secretary APPROVED: Diane Cal.lander City AtDrney 65 GEORGETOWN CENTURY PLAN FACILITIES AND SERVICES PLAN ELEMENT Revised Draft Public Review A draft Georgetown Century Plan Element prepared by: The City of Georgetown Facilities and Services Plan Working Group and the Development Services Division with the assistance of The Lyndon B. Johnson School of Public Affairs and the Community and Regional Planning, Program, The University of Texas at Austin August 1996 FACILITIES AND SERVICES PLAN WORKING GROUP Chairpersons George Arroyos, City Council Lee Bain, City Council Members. Gordon Baker, Convention and Visitors Bureau Bob Brent, Chamber of Commerce Leon Douglas, Planning and Zoning Commission Ross Duncum, G.I.V.E. Al Fittipaldi, Airport Advisory Board Jim Gross, Georgetown Industrial Foundation Gwen Morrison, Police Advisory Board Llorente Navarette, G . I . S . D . Board Rebecca Pfiester, Library Advisory Board Faye Pierre, Housing Authority Kathryn Stallard, Parks and Recreation Advisory Board Mary Faith Sterk, Williamson County Health District Board Eric Van Danen, Southwestern University Cal Wilkerson, Planning and Zoning Commission Karen Wilson, Williamson County Health District David Wolf, Historic Preservation Commission City Staff - Development Services Division \ ` Edward J. Barry, AICP, Director Clyde von Rosenberg, AICP, Chief Planner, Long Range Planning University of Texas at Austin Bill Spelman, Ph.D., L.B.J. School of Public Affairs Robert Patterson, Ph.D., School of Architecture Scott Davis, Graduate Assistant PREFACE Explanation of "Ends" Ends Statements INTRODUCTION Purpose Relationship to Other Century Plan Elements CITY ADMINISTRATION Coordinated Service Delivery Library Services Animal Control PUBLIC SAFETY OTHER PUBLIC AGENCIES Housing Health and Human Services Intergovernmental Communication COMMUNITY SERVICES Community -Owned Utilities Georgetown Municipal Airport Convention and Visitors Bureau 1 1 11 1 1 2 3 4 6 8 10 14 14 15 16 18 18 20 21 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Explanation of "Ends" The Ends statements on the following five pages are from the Century Plan - Policy Plan Element, which contains the City's Mission Statement and Ends statements in each of fourteen Policy Areas. The Ends statements for the Facilities and Services Policy Area reflect the contributions of the Facilities and Services Plan Working Group. They are contained in the Facilities and Services Plan, along with appropriate Ends statements from other Policy Areas. Each of the Ends statements is numbered for reference, based on its location in the Policy Plan. The Ends statements are divided into two categories, Policy Ends and Focus Ends. Policy Ends are broad, relatively permanent expressions of the ultimate desired result for each Policy Area, as expressed by the community's values. Focus Ends are more specific descriptions of the results desired and expressed by the Policy Ends. While there is only one Policy End for each Policy Area, Focus Ends are not limited and can be added annually or with the approval of additional functional plan elements. Each year during the development of the City's Annual Operating Plan Element, City staff will create Means statements, which describe specific activities to be carried out during that fiscal year which help achieve the Ends. The recommendations in this Plan element, which are listed after each Ends statement, will be used to develop Means statements in future Annual Operating Plan elements. REVISED PUBLIC REVIEW DRAFT i GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN ENDS STATEMENTS (taken from the PolicyPlan Element of the Century Plan) (Ends statements in bold type are "Policy Ends") ECONOMIC DEVELOPMENT 1.0 Georgetown's economy is self-sustaining through diversified growth, a broad tax base with minimal impact from economic fluctuation, enhanced business opportunity and job creation. 1.1 Existing undeveloped sites in Georgetown are put to beneficial use. 1.2 Georgetown recruits small to mid -sized commercial/industrial firms from all areas of the production process (i.e., research aqd development, assembly, production, distribution, warehousing, and retailing). 1.3 The City, the Georgetown Industrial Foundation, the Chamber of Commerce and local business and industry work together to promote an aggressive commercial/industrial retention and expansion program. 1.4 Georgetown attracts spinoff companies from major employers in the region. 1.5 Georgetown minimizes the number of employees it exports to surrounding labor markets. 1.6 The City seeks funding resources to assist in training or retraining of the local labor pool. 1.7 The City provides financial and nonfinancial incentives to promote economic development. 1.8 The downtown is an economically viable component of the retail and business community. 1.9 All citizens actively participate in local trade and commerce. 1.10 The City actively cooperates with merchants and business associations to promote trade and commerce within the local community. 1.11 The tourism industry in Georgetown is developed and promoted, while preserving the community's small-town charm. EDUCATION 2.0 Diverse and comprehensive educational opportunities are available through public and private cooperative efforts. REVISED PUBLIC REVIEW DRAFT 11 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN ENVIRONMENTAL AND RESOURCE CONSERVATION 3.0 The physical qualities that make Georgetown attractive are protected. 3.1 Georgetown's water resources system provides a sufficient water supply of high quality to meet future City needs, to meet economic development and recreational requirements, and to conserve wildlife. FACILITIES AND SERVICES 4.0 The City provides for the safety of its citizens and supports the responsive delivery of coordinated services by the City and other public agencies. 4.1 The City centralizes and co -locates services on existing City -owned property whenever possible. 4.2 The City has a high level of employee satisfaction and retention. 4.3 Georgetown Public Library's information and collections are accessible to all citizens. 4.4 The Georgetown Public Library has a collection development budget which equals the national per capita for library expenditures in a comparable population category. 4.5 The Georgetown Public Library's resources are expanded through partnerships with a variety of organizations, including non-profit, corporations, governments, schools and community groups. 4.6 The City meets the needs of internal and external customers through innovative acquisition and use of information resources. 4.7 There is trust and harmony between the City's public safety providers and all segments of the community. 4.8 Georgetown is effective at resolving issues related to crime, disorder and fear of crime. 4.9 Georgetown's fire protection is adequate and equitable throughout the City. 4.10 Georgetown is prepared to respond to large scale natural and technological emergencies. 4.11 Public safety services are provided to adjacent areas outside of the City limits through contractual agreements with other government organizations, ensuring equitable and efficient coordination of services. 4.12 Public safety services have a high level of citizen and volunteer involvement. 4.13 The City is safe from animal threat, provides attractive and humane animal accommodations, and encourages the adoption of animals. REVISED PUBLIC REVIEW DRAFT 111 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN FINANCE 5.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both short-term and long-term needs are provided. 5.1 Each utility system is a self -supported operation that provides a desirable and affordable level of service. 5.2 The City investigates the privatization of each City operation, as appropriate. 5.3 The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems. 5.4 The tax rate is reasonable and fair and does not hinder economic development. 5.5 The City has a method for funding street and streetscape improvements. 5.6 The City pursues all federal and state grant programs which would benefit the City. GOVERNMENTAL AFFAIRS 6.0 A high level of cooperation and involvement exists among Georgetown's citizens and governmental organizations. 6.1 All citizens actively participate in governmental functions. 6.2 The City develops and coordinates service delivery policies with Williamson County, the Georgetown Independent School District and other organizations that provide services to Georgetown. b 6.3 The City is a strong and visible participant in developing comprehensive solutions to issues of concern on a regional level. GROWTH- AND PHYSICAL DEVELOPMENT 7.0 Georgetown's. land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development. 7.1 The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense. 7.2 Annexation procedures and standards benefit the community. HEALTH AND HUMAN SERVICES 8.0 Comprehensive, affordable health and human services are available through public and private organizations. REVISED PUBLIC REVIEW DRAFT iv GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN HISTORIC PRESERVATION 9.0 Prehistoric, historic, and cultural resources are preserved, protected and promoted. HOUSING 10.0 The City cooperates with builders, developers and property owners to provide safe and adequate housing opportunities for all citizens. RECREATION AND CULTURAL AFFAIRS 11.0 All citizens actively participate in community -wide social, cultural, and recreational activities. 11.1 The City maintains and upgrades existing parks and constructs new parks through a diversified funding and acquisition program. 11.2 The City's park facilities and recreational programs meet the leisure needs of citizens. 11.3 Georgetown has an attractive and coordinated system of hike and bike trails. 11.4 The City has recreational programs targeting those who are physically or otherwise challenged. 11.5 The City has an ongoing process for recreational needs assessment and program evaluation. 11.6 The City has in-house capability in horticulture. 11.7 The City encourages the U.S. Army Corps of Engineers to continue to make Lake Georgetown water and land resources available to the community and to be responsive to the community's expanding and changing needs. 11.8 The'City has greenbelts along the tributaries (e.g. Smith Branch, Pecan Branch, and Berry Creek) that feed into the San Gabriel River. 11.9 The City has joint venture development and use agreements with other recreational providers for existing facilities and/or for future development. TRANSPORTATION 12.0 Georgetown's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the needs of individuals. 12.1 The City maintains a Transportation Functional Plan that includes all modes of transportation. REVISED PUBLIC REVIEW DRAFT v GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN 12.2 The City supports an area -wide transportation effort through coordination with other public and private organizations. 12.3 The City has sidewalks and crosswalks throughout the City, especially around and between schools and parks. 12.4 The City supports private transportation services in the community. 12.5 The City has continuous frontage roads along Interstate Highway 35 through Georgetown. 12.6 The Georgetown Municipal Airport is an integral part of the transportation system and business activity of the community. 12.7 There is direct public access to the area east and west of the Georgetown Municipal Airport runways. URBAN DESIGN 13.0 Georgetown has a positive, identifiable image and an attractive appearance. UTILITIES / ENERGY 14.0 Georgetown's utility systems provide safe and reliable service which meets the needs of all citizens and promotes the economic health of the community. 14.1 Customers of the City's electric utility have a range of choices with respect to rates, service levels and power supply options. 14.2 Water and wastewater services exceed state and federal standards and are provided to a all certified areas. 14.3 The stormwater drainage system efficiently and effectively protects the health and safety of Georgetown's residents and minimizes the negative effects of standing water and` urban runoff. 14.4 The City uses available and emerging alternative energy sources when beneficial. 14.5 The City's utility policies and practices promote and encourage the protection and conservation of Georgetown's environment and natural resources. 14.6 Franchised utilities provide adequate services for all citizens. REVISED PUBLIC REVIEW DRAFT A GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN 1-191 1 ol-01110nexii "1"_1h011_N4VM; The purpose of this Century Plan element is to provide a policy direction for the provision of facilities and services by the City of Georgetown. Having been completed by a citizen working group appointed by the City Council to be representative of the community at large, this plan element will ensure that the decisions made to build or acquire new facilities and provide additional services to Georgetown's citizens will be based upon the needs expressed by the community. Decisions made by the City Council to implement the policy directions set forth in this plan will be based upon the City's needs and financing capabilities and will be reflected in subsequent Annual Operating Plan Elements for future fiscal years. In August 1995, the City of Georgetown contracted with the LBJ School of Public Affairs and the Community and Regional Planning Program at the University of Texas at Austin to conduct a comprehensive survey of Georgetown's capital facilities and services and assist a citizen working group in producing the Facilities and Services Plan Element of the Georgetown Century Plan. In December 1995, the UT -Austin project team completed the Georgetown Capital Facilities and Services Base Study. The citizen working group was formed in February 1996 and met on a regular basis until the draft plan was presented to the City Council on May 28, 1996. The Facilities and Services Plan Element is .one of the comprehensive plan elements contained in the City Charter amendment approved by the citizens of Georgetown in 1986. The City Council directed the completion of this plan element in time for consideration during their budget retreat for the 1996-97 fiscal year. With the rapid resential growth being experienced both within the City and in the surrounding area served by the City, exemplified by the decision by the Del Webb Corporation to locate- a new Sun City active -adult retirement community in Georgetown, the Council was provided with additional incentive to complete this plan element. Located in Williamson County, one of the fastest growing areas of the state, Georgetown can expect not only almost 20,000 new residents in Sun City, but thousands of additional residents attracted by the economic growth the new development will certainly fuel. By 2015, Georgetown can expect to have a population of 51,000 to 58,000 within its city limits. REVISED PUBLIC REVIEW DRAFT Page 1 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Relationship to Other Century Plan Elements The text of this document is divided into four sections: CITY ADMINISTRATION, PUBLIC SAFETY, OTHER PUBLIC AGENCIES, and COMMUNITY SERVICES. CITY ADMINISTRATION and PUBLIC SAFETY are the essential sections of the Facilities and Services Plan. These deal with the basic City services that are not discussed in detail in any other Century Plan element, including administration, human resources, the library and other information resources, animal control, and police, fire, and emergency management. The other two sections of the Plan, OtHER' PUBLIC AGENCIES and COMMUNITY SERVICES, provide direction on how the provision of service for different City functions should be improved and coordinated. While the technical aspects of these functions are covered by other policy areas in the Century Plan, the discussion in this Plan centers on service delivery. Included are: housing, health and human services, intergovernmental communication, utility services, the Georgetown Municipal Airport, and the Convention and Visitors Bureau. - REVISED PUBLIC REVIEW DRAFT Page 2 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN City Administration is defined as those daily operations of city government which are necessary for the City to function as a cohesive unit. This includes primarily the office functions of the City in a variety of areas, including human resources, legal, library and information resources, animal control and management services. While these divisions have a public responsibility, they also have a commitment to the efficient operation of government duties which are not visible to many citizens. The City of Georgetown is committed to customer service through its many interactions with the public; nevertheless, customer service also requires commitment from employees who work behind the scenes. The ability of any city to serve the needs of its citizens depends upon the quality of interaction between city officials, including municipal employees, and the general public. The forums for interaction most often occur in public buildings where citizens and city employees meet. As described in the 1996 Capital Facilities and Services Base Study, Georgetown is beginning to experience a shortage of office and storage space. A survey of different city divisions identified the lack of office space and storage space as the biggest problem facing Georgetown's administrative complex. To maintain its currently high level of customer service, the city must respond to Georgetown's growing and changing population. With a higher population, Georgetown will likely need more employees and more office space. Currently, the City has seventy employees in City Administration, a ratio of 1 administration employee for every 268 residents. In order to maintain this ratio with the City's current growth rate, additional employees must be added. Furthermore, considering the office space needs per employee, currently about 200 square feet each, any increase in employees signifies a corresponding increase in office space. The discussion of future needs only begins with new employees and new office space. Each division connected to City Administration will have individual needs related to their customer service functions. Such needs are addressed through the recommendations contained in this Plan. A final point in considering the importance of city administration in Georgetown is the role of the government complex for the continued vitality of downtown Georgetown. Many city employees are located in a number of buildings on or near the historic downtown square, which is the center of activity for the entire city. All plans relating to future office construction must be cognizant of this relationship. REVISED PUBLIC REVIEW DRAFT Page 3 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Coordinated Service Delivery Policy End 4.0 THE CITY PROVIDES FOR THE SAFETY OF ITS CITIZENS AND SUPPORTS THE RESPONSIVE DELIVERY OF COORDINATED SERVICES BY THE CITY AND OTHER PUBLIC AGENCIES. The City must meet demands for facilities and services using projected growth figures as a guide. The possibility of subcontracting for services in high demand areas such as building inspection, should be investigated. Other areas where personnel are most needed to meet current and projected demand are: • A second shift to the Vehicle Service Center to reduce down time for vehicles. • One full-time mechanic to the Vehicle Service Center. • One full-time position to the City Warehouse staff. • One full-time position to the Employee and Organizational Services division, with proficiency in computer automated systems. • One full-time position in the Community Services department strictly for GIS analysis. • One full-time position in the Finance Department to handle development fees in the Utility Services satellite center. • Include one employee trained in historic preservation. Focus End 4.1 THE CITY CENTRALIZES AND CO -LOCATES SERVICES ON EXISTING CITY - OWNED PROPERTY WHENEVER POSSIBLE. Centralized locations of City offices assist citizens in doing business with the City. Provision ',of public parking with access to City facilities is a key issue in the delivery of excellent customer service. Co -locating related functions assists not only the external customers citizens and others .who do business with the City, but the internal customers as well, City employees who need to coordinate with other City employees to get their jobs done. Specific areas where centralized offices should be considered include the downtown area, where the City owns several pieces of property. The City should coordinate with other governmental organizations, such as the County, when developing or acquiring land in the downtown area. Parking is a concern in the downtown area and the City should work to assure that adequate parking is available when City offices are established. Purchase of land in the downtown area, such as the Heritage Baptist Church property, should be encouraged when it contributes to the centralization of City offices and the improvement of the parking situation. The existing City Hall facility should be considered for expansion to additional levels, REVISED PUBLIC REVIEW DRAFr Page 4 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN including an expanded City Council chambers. Exterior renovations must be compatible with the historic downtown setting and be reviewed and approved by the Historic Preservation Commission. Co -location of City functions should be considered when any new City facilities are being planned. One example is the need forfacilities facilities west of IH35. A new vehicle service center in this area, among other functions, is strongly suggested, based upon the increased development in that area and the distance from the existing vehicle service center. Satellite customer service centers for a variety of City functions should also be considered for the area west of IH35. � Utility and development services functions would be. among the first services needed in this area, primarily for the purpose of utility hook-up services. Another important co -location issue is consideration of a "one -stop" development processing location, where fees could be collected by representatives of the Finance Division, questions on utilities could be answered by representatives of the Community -Owned Utilities Division and general questions answered by representatives of the Development Services Division. This type of co -location would serve the customer more efficiently and may make better use of limited City expertise during peak development activity in the community. Other suggested co -located facilities include: • Locate Management Services, Employee and Organizational Services and the Legal department together, preferably within the renovated City Hall facility. • Co -locate the Finance, Records Management, Accounting, Purchasing and Information Systems departments to realize greatest interdepartmental efficiency. • Locate Community Services and Community Owned Utilities near the Vehicle Service Center and the Equipment Storage facility. Focus End 4.2 THE CITY HAS A HIGH LEVEL OF EMPLOYEE SATISFACTION AND RETENTION. The Employee and Organizational Services Division reports a higher than desired level of worker turnover. One reason given by workers who have left is what they consider overwhelming workloads and related stress. Measures should be taken to address overall employee job satisfaction in order to encourage retention of experienced employees. Suggested measures include: • construction of a municipal parking lot on the existing Heritage Baptist Church tract; with additional municipal and citizen REVISED PUBLIC REVIEW DRAFT Page 5 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES .PLAN demands, the structure could be converted to a multi -level parking garage, but only if consistent with downtown historic guidelines • establish an adequate city-wide training facility, which may also be used by the Police and Fire Services departments for certification training. • development of a city -owned child care facility, designed to reduce employee absenteeism; the facility should be financially self- supporting, in that fees would be levied for services. Focus End 4.6 THE CITY MEETS THE NEEDS OF INTERNAL AND EXTERNAL CUSTOMERS THROUGH INNOVATIVE ACQUISITTION , . AND USE OF INFORMATION RESOURCES. It is essential that the City take advantage of the latest information technology, in order to encourage interdepartmental communication and information exchange with citizens. The move toward an "on-line City Hall", replacing paper systems where appropriate, should be encouraged. The provision of City information in new and innovative ways, such as automated telephone systems, is one appropriate step in that direction. In making technological changes, it is important that hardware and software compatibility is addressed. Library Services z Focus End 4.3 GEORGETOWN PUBLIC LIBRARY'S INFORMATION AND COLLECTIONS ARE ACCESSIBLE TO ALL CITIZENS. The Georgetown Public Library is a valuable resource for the entire community. Access to thta,information and collections available at the library by every possible method must be encouraged. Some of the ways in which access to the library can be increased include: ` • add hours on Sundays and weekdays • provide a children's librarian in the children's area during all open hours • increase outreach efforts to citizens with limited mobility and access to transportation • provide signs and directional aids for all public service areas • replace the existing book security system REVISED PUBLIC REVIEW DRAFT Page 6 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • initiate an aggressive delinquent materials collection program • implement procedures for pursuing and prosecuting patrons with delinquent materials • preserve and extend the useful life of the collection by implementing a preservation program • determine the feasibility and appropriateness of a central library expansion and the potential for auxiliary site access • develop a popular materials collection that satisfies customer demand • decrease patron wait -time for materials. • streamline the acquisitions process by upgrading the automated ordering system • decrease processing and cataloging turn around time • develop an aggressive publicity program designed to increase the frequency with which Georgetown citizens use the library • provide access to the library's catalog, the Internet, and other appropriate on-line electronic resources. • increase the number of programs for preschool children and their care -givers • address regional library needs Focus End 4.4 THE GEORGETOWN PUBLIC LIBRARY HAS A COLLECTION DEVELOPMENT BUDGET,. WHICH EQUALS THE NATIONAL PER CAPITA FOR LIBRARY EXPENDITURES IN A COMPARABLE POPULATION CATEGORY. Funding for library acquisitions is essential for the continued viability of the library as a community resource. All potential sources of funding and other assistance in the community should be pursued. Suggested methods of increasing the value of the library's collections include: • gradually and systematically increase the materials budget over a specified period of time • set up a materials acquisition plan to target spending in specific collection areas • increase the percentage of multimedia materials in the library's collection REVISED PUBLIC REVIEW DRAFT Page 7 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • expand the funding base for support of library services by establishing user fees for non-residents based on actual cost of service • join other public libraries in Williamson County in seeking County government support Focus End 4.5 THE GEORGETOWN PUBLIC LIBRARY'S RESOURCES ARE EXPANDED THROUGH PARTNERSHIPS WITH A VARIETY OF ORGANIZATIONS, INCLUDING NON-PROFIT, CORPORATIONS, GOVERNMENTS, SCHOOLS AND COMMUNITY GROUPS. In addition to pursuing increases in the collection development budget, the library should also initiate new partnerships with nonprofit agencies, corporate entities, governmental agencies, schools, community organizations and citizens. Suggested methods include: • create a non-profit library foundation • establish contact with area businesses and industries as potential partners for library programs • improve communication with local schools to coordinate resources and collaborate on projects • expand the library volunteer program Animal Control Focus End 4.13 THE CITY IS SAFE FROM ANIMAL THREAT, PROVIDES ATTRACTIVE AND HUMANE ANIMAL ACCOMMODATIONS, AND ENCOURAGES THE ADOPTION OF ANIMALS. Adequate shelter capacities are necessary to meet the current and future growth of the animal population in the area. With a growing human population, Georgetown's animal population is likely to increase accordingly, resulting in the need to upgrade and provide for additional space. Suggestions for meeting the City's animal control needs include: • provide specialized housing in adequate numbers for quarantine and disease control, meeting standards set by the Texas Department of Health • spay and neuter the animals as necessary for the purpose of animal population control - The City currently relies on the voluntary efforts of local veterinarians to spay and neuter stray animals REVISED PUBLIC REVIEW DRAFT Page 8 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • provide facilities adequate for the sheltering of adoptable animals, including protection from inclement weather, such as extreme heat and cold • initiate a placement program to locate new homes, foster care, etc. for adoptable animals • cooperate with other cities and organizations in Williamson County who provide animal services • establish an official vehicle for communications between animal services, the City Council and the public at large • investigate cross -training of police and fire officers for animal control • consider co -locating animal control facilities with fire stations Specific needs in the area of animal control are identified as follows: Immediate Needs (1-3 years) - Bring shelter into compliance with new Texas Department of Health standards on rabies quarantine and disease control; - Upgrade existing kennels to better protect animals against extreme heat and cold; - Increase paid employee -hours from two part-time staff to two full-time staff, allowing for more patrolling, conducting of public awareness programs and better customer service in facilitating reclaims and adoptions; - provide additional storage space for supplies and equipment Moderate Needs (2-5 yearsN ti Rebuild shelter, in a more customer -accessible location, with the following features: 40 plus dog kennels; --�5 plus cat cages; Fully enclosed against weather; Safe environment for management and control of animals; Ability to showcase adoptable animals; Meet projected service needs of increasing population; Additional staff to include another certified officer and support staff. REVISED PUBLIC REVIEW DRAFT Page 9 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN BML1"AFE1Y Public safety is a key element in the quality of life of a community. Citizens need a safe environment to interact. Furthermore, public safety contributes to economic well- being and can assist in the fulfillment of other elements such as education, development, parks and recreation, and historic preservation. The Divisions of Police and Fire Services are the primary providers of public safety. Emergency management is a specific aspect of public safety services which requires City-wide coordination. With the growth of a community and the development of new methods and ideas, the roles of police and fire services change. Today, police responsibilities go beyond merely arresting individuals and sending them to prison; firefighters do more than fight fires. The City of Georgetown understands, recognizes, and values the importance of community policing and multi -function fire services. The City of Georgetown expects a rapid growth over the next twenty years. Public safety must keep up with this growth in order to maintain and enhance the high quality of life that its residents currently enjoy. Policy End 4.0 THE CITY PROVIDES FOR THE SAFETY OF ITS CITIZENS AND SUPPORTS THE RESPONSIVE DELIVERY OF COORDINATED SERVICES BY THE CITY AND OTHER PUBLIC AGENCIES. Focus End 4.8 GEORGETOWN IS EFFECTIVE AT RESOLVING ISSUES RELATED TO CRIME, DISORDER AND FEAR OF CRIME. Public perception is important in creating a high or low fear of crime in a community: ", Suggested actions that should be followed in order to effective resolve crime -related issues include: • establish a public safety building for the purposes of housing the administrative offices for the Police Services and/Fire Services Divisions, including such components as Fire Station No. 1, the central police station, the communications system, an emergency operations center, and meeting rooms; this is considered the highest priority recommendation • develop service quality measures in order to maintain and continue to improve service quality • evaluate the current level of service standards to ensure that all residents receive police and fire services in a timely and equitable fashion REVISED PUBLIC REVIEW DRAFT Page 10 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • provide for cooperation between Police Services and Fire Services in their delivery of public safety services • maintain a comprehensive and cooperative communications system to be used for dispatching, information sharing and communications for police, fire and emergency management • design public safety facilities to be multi -functional in use and purpose, allowing for joint use and cooperative sharing of information and resource • develop and maintain quality police and fire personnel by recruiting qualified personnel who reflect the diversity of the community • establish a comprehensive and regional training complex which meets the basic requirements needed for all types of public safety training, including a driving track, shooting range, fire tower and a burn lab; complex should be designed to elevate the prominence of the City of Georgetown in public safety training and should be multi -functional, available for use by all City employees and other public and private organizations Focus End 4.11 PUBLIC SAFETY SERVICES ARE PROVIDED TO ADJACENT AREAS OUTSIDE OF THE CITY LIMITS THROUGH CONTRACTUAL AGREEMENTS WITH OTHER GOVERNMENT ORGANIZATIONS, ENSURING EQUITABLE AND EFFICIENT COORDINATION OF SERVICES. Public safety service provision to areas outside of the city limits of Georgetown is dependent upon agreements with other service Providers. While the City has an agreement with Williamson County to provide fire services outside of the city limits, the level of service provided under the terms of this contract is not the same as that provided to areas within the city limits. Other public safety services, such as policing, are provided outside of the city limits only on the request of another jurisdiction. Suggested methods of increasing the level of public safety service to areas outside of the city limits include: • explore alternative methods of service delivery for redressing funding inadequacies in the city's delivery of fire services to county residents • determine whether or not to provide supplemental police services to outlying areas in Williamson County, including a method of financing these services • honor all contractual obligations regarding the delivery of police, fire, and emergency management services REVISED PUBLIC REVIEW DRAFT Page 11 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • construct a public safety facility in Sun City Georgetown which provides for a third fire station, and includes police services facilities which are linked electronically to the central police facility • construct an additional fire station in the northern section of Sun City when that development reaches the specified level outlined in the Del Webb Development Agreement; also include police services facilities linked electronically to the central police facility Focus End 4.7 THERE IS TRUST AND HARMONY BETWEEN THE CITY'S PUBLIC SAFETY PROVIDERS AND ALL SEGMENTS OF THE COMMUNITY. In order to continually improve the effectiveness and efficiency of the City's public safety services, the divisions of police and fire services must continue to move beyond the traditional roles of fire and police protection, so that Georgetown residents receive progressive public safety services. Recommended of methods of providing this type of service include: • fire and police prevention programs are directed towards the effective and efficient prevention of fires and crime, the reduction of hazard risks, the promotion of safety, and the understanding of the causes of fires, crime, and other incidents • promote community -based programs that offer Georgetown's citizens and public safety personnel (fire and police) the opportunity to work together to solve community problems, identify service needs; consistently strive to develop and maintain positive relationships with the public • suppress fires and crime in a comprehensive, timely, and evaluative manner, in order to ensure that danger, injury, and loss of life and property are minimized • ensure that fire personnel are sufficiently trained to provide a quick initial response to medical emergencies of varied :levels; at a minimum, first responders to emergencies should be trained at the EMT or paramedic level • provide a comprehensive and coordinated Emergency Management System designed to reduce the vulnerability of citizens in Georgetown to danger, injury, and loss of life and property resulting from natural or man-made disasters, civil unrest, or acts of terrorism REVISED PUBLIC REVIEW DRAFT Page 12 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Focus End 4.12 PUBLIC SAFETY SERVICES HAVE A HIGH LEVEL OF CITIZEN AND VOLUNTEER INVOLVEMENT. The City supports the concept of community -oriented public safety which forms a pro- active partnership with the community. This cooperative community effort strives to maximize the utility of all community resources. The City supports the Divisions of Police and Fire Services' program of increasing opportunities for citizen and volunteer involvement. The Divisions continuously provide positions for volunteers. REVISED PUBLIC REVIEW DRAFT Page 13 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Housing o Housing is one of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. A Housing Element, which will provide detailed recommendations on this Policy Area in Georgetown, is one of the Century Plan Elements to be completed. The purpose of the recommendations in this section of the Facilities and Services Plan is to provide some initial information and direction on this issue, until the appropriate Plan Element is completed. The Georgetown Housing Authority provides low-income Georgetown residents with federally assisted housing. The Authority was created in 1965 to address the city's growing need for low-income and affordable housing. Currently, the Georgetown Housing Authority provides affordable housing to approximately 310 Georgetown households. It is estimated that Georgetown has a shortage of 247 units for the city's lowest income residents. This number may, however, significantly underestimate the future need for affordable housing in Georgetown. The rising cost of housing in the area will affect many of the city's current and future residents. Policy End 10.0 THE CITY COOPERATES WITH BUILDERS, DEVELOPERS AND PROPERTY OWNERS TO PROVIDE SAFE AND ADEQUATE HOUSING OPPORTUNITIES FOR ALL CITIZENS. A variety of methods are available for the provision of housing in Georgetown. Initially, the community must define any affordability ranges that are lacking in the community and establish a priority of addressing the deficiencies. The Housing Element of the Century Plan is designed to accomplish this. Actions that can be anticipated as necessary to address housing needs include: assure the livability and improve the quality of existing affordable and public housing units in Georgetown • conduct a city-wide Comprehensive Housing Affordability Study based on the Department of Housing and Urban Development's standards • establish an advisory board to develop an affordable housing strategy for the City, including, but not limited to, an evaluation of the Georgetown Housing Authority's performance and an exploration of alternative funding options for the Housing Authority REVISED PUBLIC REVIEW DRAFT Page 14 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • pursue public -private partnerships to expand the affordable housing stock in Georgetown • develop potential funding and grant sources to improve the housing supply in Georgetown Health And Human Services Health and Human Services is one of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. A Health and Human Services Element, which will provide detailed recommendations on this Policy Area in Georgetown, is one of the Century Plan Elements to be completed. The purpose of the recommendations in this section of the Facilities and Services Plan is to provide some initial information and direction on this issue, until the appropriate Plan Element is completed. Medical, health and human services in Georgetown are provided by several public, nonprofit, voluntary, and private agencies and a large number of individuals. Georgetown Hospital is the only full-sgrvice hospital facility within the City limits and it provides 98 beds. The hospital has plans to complete an expansion and renovation of ambulatory and out -patient services within three years. The Williamson County & Cities Health District (WCCHD) provides personal health, environmental, and social services to the residents of Georgetown. Examples of services include immunizations, prenatal care, WIC (Women, Infants, and Children) nutrition services, communicable disease control, health education and information, referral, administration of the County Indigent Health Care Program and food service and septic system inspections. Organized as a health district in 1989 through a cooperative agreement among Williamson County and the cities of Georgetown, Round Rock, Taylor, and Cedar Park, WCCHD is overseen by a Board of Health appointed by the member governments. Georgetown contributed $22,500 in 1995 toward the operation of the Health District. The senior population has grown steadily in Georgetown, and by 1990, more than 21 percent of city residents were over 65. With the natural growth of the population of Georgetown, general demographic trends toward an aging population, and the introduction of many new Sun City residents, it is anticipated that needs for health care and human services for an aging population will expand substantially. Policy End 8.0 COMPREHENSIVE, AFFORDABLE HEALTH AND HUMAN SERVICES ARE AVAILABLE THROUGH PUBLIC AND PRIVATE ORGANIZATIONS. A variety of methods are available for the provision of health and human services in Georgetown. Initially, the community must determine where deficiencies exist and establish a priority of addressing them. The Health and Human Services Element of the REVISED PUBLIC REVIEW DRAFT Page 15 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Century Plan is designed to accomplish this. Actions that can be anticipated as necessary to address health and human services needs include: • continue to cooperate with service providers to develop innovative and cost-effective ways of providing health and human services • cooperate with other organizations and groups (including, but not limited to, the Georgetown Project and the Health Task Force) to assess the health and social service needs of the community, including the following issues: Williamson County & Cities Health District funding Indigent health care Homeless services Mental health services Chemical dependency treatment Health education Children and teen services Affordable day care Senior citizens • designate a liaison position to coordinate the provision of services to senior citizens Intergovernmental Communication Governmental Affairs is one of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. A Citizen Participation Plan Element, which will provide detailed recommendations on this Policy Area in Georgetown, is one of the Century Plan Elements to be completed. The purpose of the recommendations in this section of the Facilities and Services Plan is to provide some initial information and direction on this issue, until the appropriate Plan Element is completed. Policy Erid 6.0 A HIGH LEVEL OF COOPERATION AND INVOLVEMENT EXISTS AMONG GEORGETOWN' CITIZENS AND GOVERNMENTAL ORGANIZATIONS. Focus End 6.2 THE CITY DEVELOPS AND COORDINATES SERVICE DELIVERY POLICIES WITH VVII,LIAMSON COUNTY, THE GEORGETOWN INDEPENDENT SCHOOL DISTRICT AND OTHER ORGANIZATIONS THAT PROVIDE SERVICES TO GEORGETOWN. Multiple issues are facing the city that require the coordination of a number of aoeocies throughout the city, county, and region. Thus far, there have been no formal Firms of communi established among the N-arious governmental agencies. With the mansion of Williarason County services and the Georgetown Independent School District REVISED PUBLIC RE`'EW DRAFT Page 16 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN (GISD), it is imperative to enhance communication efforts among the involved governmental entities. When making purchases and expansion decisions, the cooperation of the governmental entities can increase efficiency and improve service provision. An advisory board made up of representatives from the City, Williamson County and GISD and others could make recommendations concerning land purchases, expanded facilities, and coordinated funding. A full-time liaison employed by the City could work with the other government organizations, as well as nonprofit, voluntary, and private organizations. This would help the City to coordinate government functions that serve the entire community of Georgetown. Anticipated results of this coordination may include reaching a solution to the downtown parking needs and the sharing of meeting space, training and other facilities. Focus End 6.3 THE CITY IS A STRONG AND VISIBLE PARTICIPANT IN DEVELOPING COMPREHENSIVE SOLUTIONS TO ISSUES ; OF CONCERN ON A REGIONAL LEVEL. The City continues to foster relationships with area cities to facilitate the solving of common problems and concerns. This is imperative to develop comprehensive solutions to address a variety of intergovernmental issues such as: regional water, wastewater and transportation problems, and for appropriate representation of the region before the state legislature. REVISED PUBLIC REVIEW DRAFT Page 17 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Utilities, Airport, and Economic Development are three of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. The Utilities Element, detailing the technical functions of the Community -Owned Utilities Division, is a component of the Development Plan, completed in 1990. The Airport Plan Element is currently being completed by a Century Plan Working Group. The Economic Development Strategic Plan, containing policy direction for tourism, was originally completed in 1989 and revised in 1993. The purpose of the recommendations on Community -Owned Utilities and the Convention and Visitors Bureau in this section of the Facilities and Services Plan is to provide some additional information and direction in the area of customer service and facilities in these areas. The recommendations can the Georgetown Municipal Airport are to provide the Council with recommendations to follow until the Airport Plan Element is completed. Community services cover the "customer -related" functions of city government. These functions include Community -Owned Utilities, the Georgetown Municipal Airport, and the Convention and Visitor's Bureau. The city's expected growth will place new pressures on the provisions of these services. Community Owned Utilities Policy End 14.0 GEORGETOWN'S UTILITY SYSTEMS PROVIDE SAFE AND RELIABLE SERVICE WHICH MEETS THE NEEDS OF ,ALL CITIZENS AND PROMOTES THE ECONOMIC HEALTH OF THE CONJMIMTY. With changing market conditions and emerging technologies, the City should consider making changes in the way it does business in order to continue to meet the needs of its citizens. One area where market conditions are changing rapidly is telecommunications. With both the state of Texas and the federal government deregulating the telecommunications market, there may be an opportunity to provide these services to both businesses and residents at a lower cost than the current providers. This would enable the City to attract business, provide superior telecommunications services to its citizens, and produce revenue for the City. Focus End 14.1 CUSTOMERS OF THE CITY' S ELECTRIC UTILITY HAVE A RANGE OF CHOICES WITH RESPECT TO RATES, SERVICE LEVELS AND POWER SUPPLY OPTIONS. The City should insure that it's electric utility remains competitive as electric utilities are REVISED PUBLIC REVIEW DRAFT Page 18 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN deregulated. As the City's utility service competes with other providers, the City must insure that both customer satisfaction and efficiency remain high. In order to maintain customer satisfaction and efficiency, the following recommendations should be considered: • provide effective and innovative administrative utility management • relocate the administrative offices for Community Owned Utilities to a building that is adequate to ensure effective and efficient utility services; these offices must remain in close proximity to utility superintendents, maintenance and operations in case of utility emergencies provide satellite staging areas for fuel, parts and equipment, co -locating with utility -related or other city -owned land where possible Policy End 3.0 THE PHYSICAL QUALITIES THAT MAKE GEORGETO WN ATTRACTIVE ARE PROTECTED. Focus End 3.1 GEORGETOWN'S WATER RESOURCES SYSTEM PROVIDES A SUFFICIENT WATER SUPPLY OF HIGH QUALITY TO MEET FUTURE CITY NEEDS, TO MEET ECONOMIC DEVELOPMENT AND RECREATIONAL REQUIREMENTS, AND TO CONSERVE WILDLIFE. One of Georgetown's most important and attractive natural resource is the San Gabriel River. As a drinking water source for the community, as well as a habitat for wildlife, the river's water quality must be protected. The City's wastewater treatment plants should be built and operated so as to provide maximum protection for the San Gabriel River and its tributaries. If shown to be necessary by studies conducted under the auspices of the Brazos River Authority, these plants must be upgraded to reduce nutrients and pollutants released. Focus End 14.3 THE STORMWATER DRAINAGE SYSTEM EFFICIENTLY AND EFFECTIVELY PROTECTS THE HEALTH AND SAFETY OF GEORGETOWN' S RESIDENTS AND MINIMIZES THE NEGATIVE EFFECTS OF STANDING WATER AND URBAN RUNOFF. The City should do everything within its authority to assure that the planning and construction of roads, parking lots, and other projects that create impervious cover, as well as storm water drainage and other infrastructure projects, are completed in a manner that provides maximum protection to the water quality of the San Gabriel River and its tributaries. REVISED PUBLIC REVIEW DRAFT Page 19 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Century Plan is designed to accomplish this. Actions that can be anticipated as necessary to address health and human services needs include: • continue to cooperate with service providers to develop innovative and cost-effective ways of providing health and human services • cooperate with other organizations and groups (including, but not limited to, the Georgetown Project and the Health Task Force) to assess the health and social service needs of the community, including the following issues: Williamson County & Cities Health District funding Indigent health care Homeless services Mental health services Chemical dependency treatment Health education Children and teen services Affordable day care Senior citizens • designate a liaison position to coordinate the provision of services to senior citizens Intergovernmental Communication Governmental Affairs is one of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. A Citizen Participation Plan Element, which will provide detailed recommendations on this Policy Area in Georgetown, is one of the Century Plan Elements to be completed. The purpose of the recommendations in this section of the Facilities and Services Plan is to provide some initial information and direction on this issue, until the appropriate Plan Element is completed. Policy Erid ,6.0 A HIGH LEVEL OF COOPERATION AND INVOLVEMENT EXISTS AMONG GEORGETOWN' CITIZENS AND GOVERNMENTAL ORGANIZATIONS. Focus End 6.2 THE CITY DEVELOPS AND COORDINATES SERVICE DELIVERY POLICIES WITH WILLIAMSON COUNTY, THE GEORGETOWN INDEPENDENT SCHOOL DISTRICT AND OTHER ORGANIZATIONS THAT PROVIDE SERVICES TO GEORGETOWN. Multiple issues are facing the city that require the coordination of a number of agencies throughout the city, county, and region. Thus. far, there have been no formal lines of communication established among the various governmental agencies. With the expansion of Williamson County services and the Georgetown Independent School District REVISED PUBLIC REVIEW DRAFT Page 16 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN (GISD), it is imperative to enhance communication efforts among the involved governmental entities. When making purchases and expansion decisions, the cooperation of the governmental entities can increase efficiency and improve service provision. An advisory board made up of representatives from the City, Williamson County and GISD and others could make recommendations concerning land purchases, expanded facilities, and coordinated funding. A full-time liaison employed by the City could work with the other government organizations, as well as nonprofit, voluntary, and private organizations. This would help the City to coordinate government functions that serve the entire community of Georgetown. Anticipated results of this coordination may include reaching a solution to the downtown parking needs and the sharing of meeting space, training and other facilities. Focus End 6.3 THE CITY IS A STRONG AND VISIBLE PARTICIPANT IN DEVELOPING COMPREHENSIVE SOLUTIONS TO ISSUES OF CONCERN ON A REGIONAL LEVEL. The City continues to foster relationships with area cities to facilitate the solving of common problems and concerns. This is imperative to develop comprehensive solutions to address a variety of intergovernmental issues such as: regional water, wastewater and transportation problems, and for appropriate representation of the region before the state legislature. REVISED PUBLIC REVIEW DRAFT Page 17 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Utilities, Airport, and Economic Development are three of the fourteen Policy Areas listed in the Century Plan - Policy Plan Element. The Utilities Element, detailing the technical functions of the Community -Owned Utilities Division, is a component of the Development Plan, completed in 1990. The Airport Plan Element is currently being completed by a Century Plan Working Group. The Economic Development Strategic Plan, containing policy direction for tourism, was originally completed in 1989 and revised in 1993. The purpose of the recommendations on Community -Owned Utilities and the Convention and Visitors Bureau in this section of the Facilities and Services Plan is to provide some additional information and direction in the area of customer service and facilities in these areas. The recommendations on the Georgetown Municipal Airport are to provide the Council with recommendations to follow until the Airport Plan Element is completed. Community services cover the "customer -related" functions of city government. These functions include Community -Owned Utilities, the Georgetown Municipal Airport, and the Convention and Visitor's Bureau. The city's expected growth will place new pressures on the provisions of these services. Community Owned Utilities Policy End 14.0 GEORGETOWN'S UTILITY SYSTEMS PROVIDE SAFE AND RELIABLE SERVICE WHICH MEETS THE NEEDS OF ,ALL CITIZENS AND PROMOTES THE ECONOMIC HEALTH OF THE COMMUNITY. WO changing market conditions and emerging technologies, the City should consider making changes in the way it does business in order to continue to meet the needs of its citizens. One area where market conditions are changing rapidly is telecommunications. With both the state of Texas and the federal government deregulating the telecommunications market, there may be an opportunity to provide these services to both businesses and residents at a lower cost than the current providers. This would enable the City to attract business, provide superior telecommunications services to its citizens, and produce revenue for the City. Focus End 14.1 CUSTOMERS OF THE CITY' S ELECTRIC UTILITY HAVE A RANGE OF CHOICES WITH RESPECT TO RATES, SERVICE LEVELS AND POWER SUPPLY OPTIONS. The City should insure that it's electric utility remains competitive as electric utilities are REVISED PUBLIC REVIEW DRAFT Page 18 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN deregulated. As the City's utility service competes with other providers, the City must insure that both customer satisfaction and efficiency remain high. In order to maintain customer satisfaction and efficiency, the following recommendations should be considered: • provide effective and innovative administrative utility management • relocate the administrative offices for Community Owned Utilities to a building that is adequate to ensure effective and efficient utility services; these offices must remain in close proximity to utility superintendents, maintenance and operations in case of utility emergencies • provide satellite staging areas for fuel, parts and equipment, co -locating with utility -related or other city -owned land where possible Policy End 3.0 THE PHYSICAL QUALITIES THAT MAKE GEORGETOWN ATTRACTIVE ARE PROTECTED. Focus End 3.1 GEORGETOWN'S WATER RESOURCES SYSTEM PROVIDES A SUFFICIENT WATER SUPPLY OF HIGH QUALITY TO MEET FUTURE CITY NEEDS, TO MEET ECONOMIC DEVELOPMENT AND RECREATIONAL REQUIREMENTS, AND TO CONSERVE WILDLIFE. One of Georgetown's most important and attractive natural resource is the San Gabriel River. As a drinking water source for the community, as well as a habitat for wildlife, the river's water quality must be protected. The City's wastewater treatment plants should be built and operated so as to provide maximum protection for the San Gabriel River and its tributaries. If shown to be necessary by studies conducted under the auspices of the Brazos River Authority, these plants must be upgraded to reduce nutrients and pollutants released. Focus End 14.3 THE STORMWATER DRAINAGE SYSTEM EFFICIENTLY AND EFFECTIVELY PROTECTS THE HEALTH AND SAFETY OF GEORGETOWN' S RESIDENTS AND MINIMIZES THE NEGATIVE EFFECTS OF STANDING WATER AND URBAN RUNOFF. The City should do everything within its authority to assure that the planning and construction of roads, parking lots, and other projects that create impervious cover, as well as storm water drainage and other infrastructure projects, are completed in a manner that provides maximum protection to the water quality of the San Gabriel River and its tributaries. REVISED PUBLIC REVIEW DRAFT Page 19 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN Focus End 14.5 THE CITY' S UTILITY POLICIES AND PRACTICES PROMOTE AND ENCOURAGE THE PROTECTION AND CONSERVATION OF GEORGETOWN' S ENVIRONMENT AND NATURAL RESOURCES. The Community -Owned Utilities Division should consider the following recommendations to achieve this End: • initiate programs that conserve water and energy, thereby delaying the need for costly new water treatment plants and new energy production • promote the use of phosphate -free detergents and cleaning agents, if studies identify them as a significant issue in the water quality of the San Gabriel River downstream of the tity's wastewater plants • initiate programs to educate the community about the need to prevent non - point source pollution from yard and street runoff, especially those neighborhoods where storm water runoff drains into the San Gabriel River and its tributaries • provide for the protection of trees and significant geographical and historical features in the completion of capital improvement projects Georgetown Municipal, Airport Policy End 12.0 GEORGETOWN'S TRANSPORTATION SYSTEM PROVIDES FOR THE SAFE AND EFFICIENT MOVEMENT OF TRAFFIC, PROMOTES THE ECONOMIC INTERESTS OF THE COMMUNITY, AND ADEQUATELY SERVES THE NEEDS OF INDIVIDUALS. Focus End 12: 6 THE GEORGETOWN MUNICIPAL AIRPORT IS AN INTEGRAL PART OF THE TRANSPORTATION SYSTEM AND BUSINESS ACTIVITY OF THE COMMUNITY. With the growth of the City's population, the City should maintain services at the airport necessary to meet increasing demands. Enhanced services should be considered, especially when they will generate revenue. Focus End 12.7 THERE IS DIRECT PUBLIC ACCESS TO THE AREA EAST AND WEST OF THE GEORGETOWN MUNICIPAL AIRPORT RUNWAYS. A large undeveloped portion of the airport property directly to the west of the REVISED PUBLIC REVIEW DRAFT Page 20 GEORGETOWN CENTURY PLAN FACILITIES AND SERVICES PLAN runways presently has no direct access to a public roadway. This property, which has many potential public uses, would be greatly enhanced by the provision of access. Convention and Visitors Bureau The Convention and Visitors Bureau has been in existence since 1988 and is entirely funded by the local hotel/motel occupancy tax. According to House Bill 123, the Convention and Visitors Bureau must spend these funds only to directly enhance and promote tourism, the convention and hotel industry, the arts and historic preservation. In 1993, the hotel/motel occupancy tax generated $225,000 for this purpose. The Texas Department of Commerce estimates that the economic impact of tourism in Williamson County in 1993 to be $46 million in tourism expenditures and $8.9 million in tourism -related payroll. The Convention and Visitors Bureau serves two primary functions: First, to promote Georgetown as a destination for tourists, leisure travelers, and the group motorcoach industry; and second, to promote the city of Georgetown as a desirable location for small and medium size conventions and meetings. Policy End 1.0 GEORGETOWN'S ECONOMY IS SELF-SUSTAINING THROUGH DIVERSIFIED GROWTH, A BROAD TAX BASE WITH MINIMAL IMPACT FROM ECONOMIC FLUCTUATION, ENHANCED BUSINESS OPPORTUNITY AND JOB CREATION. Focus End 1.11 THE TOURISM INDUSTRY IN GEORGETOWN IS DEVELOPED AND PROMOTED, b WHILE PRESERVING THE COMMUNITY'S SMALL-TOWN CHARM. Georgetown is attractive to tourists largely due to it's unique and historic downtown; historic neighborhoods, attractive park and recreational opportunities, and cultural and social opportunities. The Convention and Visitors Bureau (CVB) serves to promote tourism to Georgetown, in part by providing over 10,000 goodie bags, mailers, and 50,000 pieces of information per year. In order to insure the continued success of the CVB, the following recommendations should be considered: • ensure that the convention and visitors bureau has sufficient expertise and personnel to allow for proper administration and execution of convention and tourism programming, and is responsive to community needs and desires of the community • with increasing hotel/motel tax revenues, consider adding a full-time administrative assistant and a. visitor center coordinator REVISED PUBLIC REVIEW DRAFT Page 21 GEORGETOWN CENTURY PLAN - FACILITIES AND SERVICES PLAN • using funding provided by -the hotel/motel tax, provide the CVB with adequate office space to provide for administrative functions as well as small meetings; this space should ideally be located in the downtown area, on or in close proximity to the downtown square, and co -located with the Visitor Center, the Georgetown; Heritage Society, the Georgetown Industrial Foundation and the Chamber of Commerce • create an auxiliary Visitor Center at an affordable and highly visible highway location • meet broad consumer needs by attracting additional hotels, motels and other services designed to serve medium and small conventions and meetings REVISED PUBLIC REVIEW DRAFT Page 22 Council meeting date: 5-13 -96 Item No. eso AGENDA ITEM COVER SHEET SUBJECT Meeting Minutes of the City Council Meeting on Tuesday, July 23, 1996. ATTACHMENTS l . Minutes of Regular City Council Meeting of Tuesday, July 23, 1996 Submitted By: (-��z ,,a. � Sandra D. Lee CitySecretary etary MINUTES OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, DULY 239 1996 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: Leo Wood George Arroyos Susan Hoyt Lee Bain Dick Vincent Charles "Hors" Burson Ferd Tonn Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Murray Blackman, Assistant to City Manager Hartley Sappington, Director of Community Svcs. Susan Morgan, Director of Finance and Admin. Jim Briggs, Director of Community -Owned Utilities Ed Barry, Director of Development Services Council Absent: Shelley Davis Kathy Ragsdale, Utility Office Supervisor Hildy Kingma, Chief Planner Laurie McClure, Community Svcs. Admin. Asst. Policy Development/Review Workshop - Call to order at 5:00 p.m. A Discuss the solid waste contract for residential and commercial service and the city -operated Collection Station -- Hartley Sappington Targeting October 1, 1997, Hart asked Council for input to decide how to deal with the sanitation issue for the City. Sappington distributed a proposed plan to Council for suggested changes to the sanitation system. Wood and Council spoke of wishing to retain the same rate on the next contract for three years unless the company had to pay increased tipping fees. Hart asked if Council wanted to request proposals or if the contract could be renegotiated. Hart warned that if the disposal company is changed, there would be confusion for 30 to 60 days while the new drivers learned new routes, and recycle containers were exchanged. Hoyt expressed the desire to have a representative from the disposal company locate in Georgetown, with that as one of the stipulations of the request for proposal. B Answer questions on Statutory Consent Agenda Items listed specifically below under the Regular Session that will begin no sooner than 7:00 p.m. (for questions only, no action to be taken until Regular Session) City Council Meeting Minutes/July 23, 1996 Page 1 of 8 Pages Item U - Bain asked for an explanation of the agreement amendment to be signed. Hart explained that this is a yearly procedure to help LCRA plan for the amount of power that will be required for the upcoming year. Bain asked for a timeframe on the CSW Contract. Hart responded that he hoped to have the contract to the Council at one of the August meetings. Regular Session - convened at 6.25 p.m. Executive Session C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Regular Session resumed at 7:12 p.m. F Action on Executive Session Items No action was taken on Executive Session items at this time. G Mayor, Council, City Manager, and staff comments and reports Hart displayed a plaque received by the Parks Division as one of four national finalists in the Gold Medal Award Competition. Burson asked why certain parking lot and sidewalk issues were not on the agenda. Hart explained that a report on sidewalks is being prepared for the workshop program at one of the August meetings. Arroyos congratulated Tonn for being appointed to the Governor's Committee on the Development Review Committee. He announced a second annual cleanup program in District 1 on Saturday from 8:00 a.m. to 2.00 p.m. Wood announced that Tonn was granted an American Hometown Leadership Award through Wa1Mart and is to be recognized on September 6 in Washington, D.C. He will be awarded a check for $1,000 which he will be contributing to a worthy cause. H Citizens wishing to address the Council William P. Mullock told Council he was unhappy about the garbage collection. He says he is told to put his garbage out by 7.00 a.m. and it is not picked up until 5:30 p.m. He asked Council to do something about it. Wood noted that the garbage contract had been discussed at the workshop at the beginning of this meeting. City Council Meeting Minutes/July 23, 1996 Page 2 of 8 Pages Neil Cochran reminded Council that he had addressed them a month ago asking for a softball complex. He told Council that revenues of almost $4 million had been collected by the City of Nacogdoches during a tournament played there. He advised Council to act fast to take advantage of this pending revenue. He spoke of the team he coaches having qualified for finals in Steamboat Springs, Colorado, and asked that the Parks and Recreation Division donate $2,000 to the girls' softball team. Wood advised Cochran that Council could not take action on his request at this meeting because it had not been a posted item. Cochran asked to be contacted regarding his request. Former Councilmember Doris Curl, representing the Heritage Society and the History and Visitor Center, requested funding from the Council for a full-time position at the Visitor Center, saying that their part-time employees were averaging 50 hours a week as a volunteer once they reached their maximum salary level. Statutory Consent Agenda I Consideration of approval of meeting minutes for regular meeting of July 11, 1996 -- Sandra Lee J Consideration of a resolution to authorize a License to Encroach into the public utility easement to within five (5) feet of the west side property line of Amended Wood Ranch, Section Two, Lot 5, located at 209 La Mesa Lane -- Ed Barry and Hildy Kingma K Consideration of a resolution to authorize a License to Encroach into the public utility easement located along the north and a portion of the east side property line of Revised Berry Creek, Section Nine, Phase 1, Lot 8, located at 31006 Clearwater Court -- Ed Barry and Hildy Kingma L Consideration of a resolution to authorize a License to Encroach into the wastewater easement located on Tract Z-2, Sun City Georgetown, Neighborhood One -A, located southwest of the intersection of Del Webb Boulevard and Sun City Boulevard -- Ed Barry and Hildy Kingma M Consideration of a resolution to authorize a License to Encroach into the public utility easement located along the east property line of Lot 2, Block A, Unit III, River Bend, located at 214 John Thomas Drive -- Ed Barry and Hildy Kingma N Consideration of a resolution to authorize a License to Encroach into the public utility, water and wastewater easements located on Tracts A-1, A-2, A-3, A-4, and A-5, Sun City Georgetown, Neighborhood One, located north of the intersection of RM2338 and Del Webb Boulevard -- Ed Barry and Hildy Kingma O Consideration of a Preliminary Plat of a 48.49 acre tract; being a Resubdivision of Park Central One, Section I, Lots 1 and 2, and a 31.48 acre tract in the F. Hudson and J. Patterson Surveys, to be known as Park Central One, located on Westinghouse Road and County Road 116 -- Ed Barry and Hildy Kingma City Council Meeting Minutes/July 23, 1996 Page 3 of 8 Pages P Consideration of a Preliminary Plat of 51.01 acre tract in the John Sutherland and A. Williams Surveys, to known as Fountainwood Estates, Phase 6A, and a 44.31 acre tract in the John Sutherland, A. Williams, Isaac Jones and Peter Novel Surveys, to be known as Fountainwood Estates, Phase 6B, and variance to the Subdivision Regulations, located off Fountainwood Drive -- Ed Barry and Hildy Kingma Q Consideration to approve a Resolution of the Georgetown Industrial Development Corporation Taking Affirmative Official Action Toward the Issuance of Bonds to Provide Manufacturing Facilities for Chatsworth Products, Inc. -- Bob Hart R Authorization for the Mayor to execute an agreement between the City of Georgetown and Advance Metal Systems, Inc. -- Bob Hart S Council approval of Change Order #6 to the contract between the City of Georgetown and Griffin -Austin Company, Inc., in the amount of $45,970.00 -- Jim Briggs T Council award of the bid, from Odell Geer Construction Company, of Belton, Texas, to rehabilitate 7th and 8th Streets, in the amount of $93,605.00 -- Jim Briggs U Approval of an amendment to the City's Wholesale Power Agreement with the Lower Colorado River Authority (LCRA) -- Jim Briggs Motion by Tonn, second by Hoyt to approve the Consent Agenda in its entirety. Approved 6-0. Legislative Regular A_ enda V Second Reading of an ordinance Rezoning a 2.18 acre tract in the Daniel Monroe Survey, to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One - A, Tract Z-2 from RP, Residential Planned to C-2A, Commercial First Height - Restricted, located southwest of the intersection of Del Webb and Sun City Boulevards -- Ed Barry and Hildy Kingma Kingma read the caption of the ordinance. Motion by Tonn, second by Burson to approve Ordinance No. 96-27. Approved 6-0. W Second reading of an ordinance Rezoning a 5.09 acre tract in the W. G. Wilkinson Survey, to be known as the Resubdivision of a Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One, Tract A-4 from C-1, Local Commercial to C-2A, Commercial First Height - Restricted, located northwest of the intersection of RM23 3 8 and Del Webb Boulevard -- Ed Barry and Hildy Kingma Kingma read the caption of the ordinance. Motion by Burson, second by Vincent to approve Ordinance 96-28. Approved 6-0. X First reading of an ordinance Rezoning a 9.481 acre tract in the Nicholas Porter and Joseph Pulsifer Surveys, from C-2A, Commercial First Height - Restricted to C-2A, Commercial First City Council Meeting Minutes/July 23, 1996 Page 4 of 8 Pages Height - Restricted to permit multifamily residential uses, located east of IH35 between the North and South forks of the San Gabriel River -- Ed Barry and Hildy Kingma Kingma read the caption only after satisfying the requirements of the Charter. Wood invited Don Martin, owner of the development, to speak to the Council. Martin told Council that his vision of the development, to be known as San Gabriel Village, is as a "true" multi -family residential community and spoke of having requested to downzone the site to 14 units per acre from 19 units per acre. Martin explained that this is a tax credit project not to be confused as a low quality housing area, saying that the project will be affordable but not of low quality. He spoke of receiving interest from a hotel and a restaurant for the development. Hoyt spoke of not feeling comfortable in rezoning for multi -family, holding out instead for a commercial interest. Arroyos asked if the entire 140 units would be considered for the tax credit and was told by Martin that only a percentage of the units would be considered as affordable housing. Martin spoke of setting aside the cliff areas over Blue Hole for commercial use. He spoke of talking to an "upper -end" hotel, a "sit-down" restaurant, and other retailers. He noted that the area to be designated as multi -family would be farther away from the frontage, that area not being as suitable for commercial locations. Vincent asked and was told that 13 of the 53 acres would be dedicated as parkland, and asked about sensitivity to the view and was told that a photographic study has been done and extensive time has been put into correlating the site to studies done previously by Texas A & M University. Arroyos stated that he would prefer to table the issue due to concerns about the tax credit application. Martin agreed to voluntarily delay if necessary in order to clear up questions, and offered to give Council a tour of the site. M. David Spurgin of Georgetown distributed information to the Council and spoke of having previously written to the Council, suggesting that a study be done concerning the river, the view, architectural standards, and the trees before development is allowed to continue. Motion by Hoyt, second by Arroyos to defer this item to the second meeting in August. Approved 6-0. Y First reading of an ordinance rezoning a 9.72 acre tract in the William Addison Survey from RS, Residential Single Family and A, Agricultural to C-1, Local Commercial, located on State Highway 29 East, west of St. Helen Catholic Church -- Ed Barry and Hildy Kingma Kingma explained that the proposal, as approved by the Planning and Zoning Commission,was to take less than two acres for an assisted living facility and rezone it to C-1 zoning. Kingma read the caption only after satisfying the requirements of the Charter. City Council Meeting Minutes/July 23, 1996 Page 5 of 8 Pages Wood recognized Chuck Allison, a company representative out of Denton, subsidiary of Sterling House. He explained that his company caters to frail elderly and the proposed complex is not considered to be a nursing home. Arroyos spoke of having received a letter from Monsignor Wozniak of St. Helen's Catholic Church expressing concern about the remainder of the tract where the use had not yet been designated. Allison stated that the site would most likely be used for expanding their facility or for building an Alzheimer's unit. Allison said his company is not into real estate development, saying that their intent is to develop assisted living facilities. Arroyos asked Kingma if there is any use under this zoning classification that would adversely affect the Catholic Church. Kingma said that all proposed uses would go in there would have to meet the DDP process, and noted that the assisted living facility would be a compatible use. Motion by Vincent, second by Arroyos to approve the ordinance on first reading. Approved 6-0. Z First reading of an ordinance to rezone a part of Dalrymple Addition, from RS. Residential Single Family to RM-3, Office and Service Use or RP, Residential Planned, located at 406 West University Avenue -- Ed Barry and Hildy Kingma Kingma explained that the property is being rezoned at the request of the owner. She noted that staff recommended RP because that designation requires the submission of a site plan, and that the Planning and Zoning Commission had approved. She added that between Austin Avenue and Timber Street there are several single-family homes that are in a similar situation and asked for Council direction to staff to rezone the remainder of the property. Kingma read the caption only on first reading after satisfying the requirements of the Charter. Arroyos applauded the professional diversity of a Hispanic lawyer moving into the City. Motion by Arroyos, second by Hoyt to approve the ordinance and direct staff to begin proceedings to rezone the remainder of the properties to Timber Street. Approved 6-0. AA Resolution accepting requests from property owners in the Frederick Foy Survey, Abstract No. 229, and Lewis P. Dyches, Abstract No. 171, to voluntarily include approximately 2,139 acres within the Extraterritorial Jurisdiction of the City of Georgetown -- Marianne Banks This item was deferred to the end of the meeting. BB First Reading of an ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of August 24, 1996, to a revised expiration date of December 31, 1999 -- Ed Barry and Hildy Kingma Kingma explained that this ordinance was in response to a budget retreat discussion. Kingma read the caption only after satisfying the requirements of the Charter. Burson said some business people have signs that other people are not allowed to have. Kingma explained "grandfathering," and said that auto dealerships are allowed to have banners and pennants. Barry also added that City Council Meeting Minutes/July 23, 1996 Page 6 of 8 Pages there are a number of signs that should not be allowed to exist, but there are not enough staff hours available to address the issue. Wood asked about the Texaco Station at University and College. Barry said he has visited with the owner who has applied for a variance from the Sign Board. Motion by Vincent, second by Bain to approve the ordinance on first reading. Approved 5-1 (Burson opposed) CC First reading of an ordinance amending Section 10.12.090 of the Code of Ordinances relating to school speed zone on Northwest Boulevard -- Marianne Banks Banks explained to Council that this ordinance pertained to a requested school speed zone for Montessori School. Banks read the ordinance. Motion by Vincent, second by Bain to approve the ordinance on first reading. Approved 6-0. 8.37 p.m. Recessed to resume Executive Session 8.58 p.m. Resumed Open Session F Action on Executive Session Items There was no action taken on Executive Session items. DD Consideration and first reading of an amendment to Ordinance No. 95-62, correcting the legal description for the annexation of an approximately 333.490 acre portion of the Sun City Georgetown Planned Unit Development, Phase 2, located in the Daniel Monroe, W. G. Wilkinson, George Thompson, Abner Short, R. T. Jenkins, and Mary Ann Lewis Surveys -- Ed Barry and Clyde von Rosenberg von Rosenberg explained that this ordinance is a correction to a previous ordinance regarding annexation of Sun City Georgetown Phase 2, replacing the current metes and bounds description. He told Council that staff is requesting that this ordinance be adopted on first reading which requires an affirmative vote from a majority plus one of the councilmembers. von Rosenberg read the ordinance. Motion by Tonn, second by Bain to approve Ordinance 96-29 on emergency reading. Approved 6-0. EE Consideration and first reading of an amendment to Ordinance No. 95-13, correcting the legal description for the annexation of an approximately 983.539 acre portion of the Sun City Georgetown Planned Unit Development, Phase 1, located north of RM2338 approximately one and one-half miles north of Cedar Breaks Road -- Ed Barry and Clyde von Rosenberg von Rosenberg explained that this ordinance is also a correction to a previous Sun City Phase annexation ordinance. He read the ordinance. Motion by Bain, second by Burson to approve Ordinance 96-30 on emergency reading. Approved 6-0. City Council Meeting Minutes/July 23, 1996 Page 7 of 8 Pages AA Resolution accepting requests from property owners in the Frederick Foy Survey, Abstract No. 229, and Lewis P. Dyches, Abstract No. 171, to voluntarily include approximately 2,139 acres within the Extraterritorial Jurisdiction of the City of Georgetown -- Marianne Banks Banks read the resolution. Motion by Tonn, second by Vincent to approve the resolution. Approved 6-0. 9.08 p.m. recessed to resume Executive Session 9:52 p.m. reconvened Open Session The meeting was adjourned at 9:53 p.m. Approved: Leo Wood, Mayor City Council Meeting Minutes/July 23, 1996 Page 8 of 8 Pages Attest: Sandra D. Lee, City Secretary Council meeting date: 8/13/96 Item No. OD WORKSHOP ITEM COVER SHEET SUBJECT Review of proposed agreement with Central and South West Communications for remote meter reading system and SCADA ITEM SUMMARY We have completed negotiations with Central and South West Communications for the purchase and installation of a remote meter reading system and SCADA. However, as with any document of this size and scope, we will continue to review the final document between now and the Council Meeting. Any minor modifications will be available at the Tuesday meeting. We will review the contract during the workshop portion of the agenda, and it is on the Regular Agenda for additional discussion and vote. The proposed contract is to purchase from CSWC a remote meter reading and SCADA system. The remote meter reading system will allow us to convert to time of use rates, thereby providing customers a choice as to pricing and use. The SCADA System will allow us to monitor system performance and make adjustments to ensure efficient operations. The ability to offer customer choices is essential in a deregulated electric market. In fact, the industry analysts suggest that electric systems should be aggressively moving in this area as soon as possible. Financing of the proposed project is through the sale of revenue bonds. The anticipated repayment of the bonds will be through savings generated by increasing the load factor on the system. Therefore, I am convinced that we can acquire this system without any impact to the tax rate or any increase in water or electric rates. In fact, this agreement will help us to stabilize and keep rates lower in the future. ATTACHMENTS Proposed Contract (Final contract with changes, if any, will be provided on Tuesday at the Council Meeting.) Submi Bob Hart, City Manager SALE, PURCHASE AND INSTALLATION OF INTERACTIVE UTILITY MANAGEMENT SYSTEM, FIXED WIRELESS NETWORK AND SCADA SYSTEM by and between CSW COMMUNICATIONS, INC. and THE CITY OF GEORGETOWN, TEXAS V -Ir TABLE OF CONTENTS I. PREAMBLE I 11. DEFINITIONS 2 OBLIGATIONS OF THE PARTIES 1. Purpose of Agreement 5 2. .............................................. CSWC Representative 5 3. .............................................. Owner's Representative 5 4. ............................................. Installation and Construction of the System 5 5. ............................. CSWC's Understanding and Duty 5 6. ..................................... Hours of Work 6 7. 7 Plans and Specifications 8. ............................................ 7 Construction Meetings 9. .............................................. 7 Time and Order for Completion 10. ...................................... 9 Materials and Supplies 11. .......................................... 9 Total Project Charges ............................................... 9 a. System Installation Costs 9 b. Cost Reduction Provision 12. .................................... Payment ........................................................10 10 13. Work ..........................................................14 a. In General .................................................14 b. Layout of the Work ......................................... C. Access to City Facilities 14 ...................................... d. Easements and Right of Way 14 14. .................................. Pen -nits, Fees, and Notices 15 15. .......................................... Royalties and Patents 15 16. .............................................. Use of Sites 15 ..................................................... 15 17. Work Space .....................................................16 18. Use of Completed Portions ......................................... 16 19. Cleaning Up ..................................................... 20. Observation and Testing 16 21. ........................................... Change Orders 16 .............................. ..................... 17 a. Changes and Alterations ..................................... b. Extra Work 17 ................................................17 C. CSWC Rights .............................................. d. Approval of Change Orders 18 22. ................................... Hindrance and Delays 18 23. ............................................. Substantial Completion 19 24. ............................................ System Acceptance and Use 19 ........................................ a. Testing 19 ...................................................19 City of Georgetown, Texas/CSW Communications city Sale, Purchase and Installation Agreement CSWC Page i of iii b. Sale of Equipment .......................................... 20 C. Title.....................................................20 d. Right to Terminate .......................................... 20 25. Licensing of Software ............................................. 20 a. SCADA Software ........................................... 20 b. Oracle Software 20 ............................................ C. GIHP Software.............................................21 d. Other Third Party Software ................................... 21 e. CSWC Software 26. ............................................ 21 CCC Trademark and City Logo ...................................... 21 27. Defects in Materials and Workmanship ................................ 21 28. Warranty .......................................................22 a. Warranty of Workmanship .................................... 22 b. General Warranty of System Products and Equipment .............. 23 C. System Warranty ........................................... 24 d. Limitations ................................................25 e. Exclusions 29. ................................................25 Safety Requirements .............................................. 25 a. Performance of the Work ..................................... b. Protection of Subsurface Lines and Structures .................... 25 26 C. Barricades and Safety Measures ............................... 26 30. Performance and Payment Bonds 31. .................................... Obligations, Warranties and Representations of the City .................. 26 27 a. Hazardous Wastes .......................................... b. Existing Equipment 27 ......................................... C. Communications with CSWC's Subcontractor's ................... 27 27 d. Response to Request for Information ........................... 27 e. Performance of the City's Obligations .......................... 27 f. The City Supplied Information ................................ Site 27 32. g. ......................................................28 Limitation of Liability 33. ............................................. Termination 28 .....................................................28 a. Events of Termination ....................................... b. Right of the City to Complete Work 28 ............................ C. Payment of Termination Costs ................................ 29 29 d. Right of City to Refund ...................................... 30 e. Notice ................................................ f. Effect of Termination 30 34. ........................................ Audit Rights .................................................. 30 35. CSWC's Right to Subcontract 30 36. ....................................... Use of Information 30 ................................................ 30 a. Use by CSWC............................................. 30 b. Use by the City ............................................. 30 City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page ii of iii • '10 C. Exceptions................................................31 d. Disclosure Required by Law .................................. 31 37. Indemnification..................................................32 38. Consequential Damages ............................................ 33 39. Corporate Entity Liable ............................................ 34 40. No Third Party Beneficiaries ........................................ 35 41. Insurance.......................................................35 IV. MISCELLANEOUS PROVISIONS ........................................ 42. Non -Assignment 36 43. .................................. ...............36 Force Majeure 44. ................................... Governing Law 45. ................................................. Legal Construction 36 46. ................................................ Taxes and Fees 36 47. ...................................................36 Remedies .......................................................36 48. Notices.........................................................37 49. Waiver ....................................................... 37 50. Authority .......................................................37 51. Competitive Bidding ............................................ 38 52. Entire Agreement 53. ................................................. Amendment 38 .....................................................38 54. Multiple Originals ................................................ 38 55. Captions 56. .................................................. .38 Signature Warranty Clause 57. ......................................... Survival 38 ........................................................38 EXHIBIT 1 — SCOPE OF WORK EXHIBIT 2 — TRADEMARKS City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page iii of iii SALE, PURCHASE AND INSTALLATION OF INTERACTIVE UTILITY MANAGEMENT SYSTEM, FIXED WIRELESS NETWORK AND SCADA SYSTEM This Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement ("Agreement") is entered into by and between the City of Georgetown, Texas (the "City") and CSW Communications, Inc. ("CSWC"). I. PREAMBLE WHEREAS, the City desires to provide increased choice and control regarding utility usage and rates to its customers; WHEREAS, the City desires to increase its quality of service by providing more timely response related to billing inquiries, connects and disconnects, and outage detection; WHEREAS, the City desires to upgrade its utility meter reading system by installing a two- way, digital communications system, in order to allow for effective management of utility costs and allow for the implementation of time of use utility rates; WHEREAS, the City further desires to operate its electric distribution system in a more efficient manner through improved load factor, tamper detection, and control of personnel costs, thereby reducing the cost of purchased wholesale electric power; WHEREAS, the City desires to position its electric utility to be competitive in a deregulated electric environment through provision of competitive rates and high quality customer service; WHEREAS, the City further desires to operate its water distribution system in a more efficient manner to promote water conservation, reduce personnel costs, and defer the expansion of existing water treatment plants; WHEREAS, CSWC has represented to the City that CSWC has successfully designed, installed and currently operates a 750 MHz frequency fiber/coaxial based Customer Choice & Control"m management system which performs the general functions described in the City's Request for Proposal for a customer controlled load management system dated May 25, 1995. WHEREAS, the City Council has determined that the proposal submitted by CSWC for a fixed wireless network, interactive utility management system, and SCADA system most closely matches the needs of the City for a high technology utility management system; WHEREAS, the City further desires that the fixed wireless network, interactive utility management system, and SCADA system described in this Agreement be capable of supporting the City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 1 of 40 e expansion of the fixed wireless network, interactive utility management system, and SCADA system through fixed wire or broadband technology/equipment to allow other city divisions and departments to access the fixed wireless network, interactive utility management system, and SCADA system for the purpose of downloading information; WHEREAS, the City Council has further determined that the implementation of the fixed wireless network, interactive utility management system, and SCADA system described in this Agreement will further economic development within the City by allowing the City to maintain lower electric utility rates by reducing its purchased wholesale electric power costs; WHEREAS, the City Council has determined that this Agreement implements the following policies of the Century Plan - Policy Plan Element: Finance Policy 1: "The City will conduct all municipal operations in an efficient business- like manner." Facilities and Services Policy 1: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community." Finance Policy 2, End C: "The City should strive to keep utility rates competitive with surrounding Communities so that they do not become an impediment to development." Utilities/Energy Policy 5: "The City's water, wastewater, electricity. and solid waste collection services meet the immediate and future needs of all citizens and encourage and provide for economic development." WHEREAS, the City Council has further determined that this Agreement is not in conflict with any other Century Plan policies; NOW THEREFORE, premises considered, the parties hereby agree as follows: II. DEFINITIONS Calendar Day. "Calendar Day" shall mean any day of the week or month, no days being excepted. Certificate of Acceptance. "Certificate of Acceptance" has the meaning set forth Paragraph 23. Change Order. "Change Order" means a written modification to this Agreement, signed by Georgetown and CSWC, authorizing an addition, deletion, or revision to the Work and/or an City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 2 of 40 adjustment in the project schedule, time for performance, System Installation Costs and/or warranties pursuant to Paragraph 21. City. "The City" or "City" means the City of Georgetown, Texas. City Representative. "City Representative" has the meaning set forth in Paragraph 3. City's Work. "City's Work" means the obligations of the City in connection with the Project as set forth in Exhibit 1, as amended by any Change Orders. Completion Date. "Completion Date" has the meaning set forth in Paragraph 9. CSW. "CSW" means Central and South West Corporation. CSWC. "CSWC" means CSW Communications, Inc. CSWC Representative. "CSWC Representative" has the meaning set forth in Paragraph 2. CSWC Superintendent. "CSWC Superintendent" has the meaning set forth in Paragraph 5. Effective Date. "Effective Date" is the first date on which this Agreement is executed and delivered by both CSWC and the City. Environmental Laws. "Environmental Laws" means any applicable federal, state or local statute, law, rule, regulation, ordinance, code or rule of common law now in effect (including any amendments now in effect) and any current judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree, or judgment, relating to the environment, Hazardous Wastes or exposure to Hazardous Wastes, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq.; The Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq.; The Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§ 1201, et seq.; The Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq.; the Clean air Act, 42 U.S.C. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 3808, et seq. Equipment. "Equipment" means any component, part and/or material, other than any software, which will become a permanent part of the System and which is supplied by CSWC as part of the Work. Extra Work. "Extra work" has the meaning set forth in Paragraph 21(b). City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 3 of 40 c Governmental Authority. "Governmental Authority" means any court, tribunal, authority, agency, commission, official or other instrumentality of the United States, any domestic state, county, city or other political subdivision. Hazardous Wastes. "Hazardous Wastes" means (i) any hazardous materials, hazardous wastes, hazardous substances, and toxic substances as those or similar terms are defined under any Environmental Laws; (ii) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite and/or actinolite, whether friable or non -friable; (iii) any polychlorinated biphenyls ("PCBs"), or PCB -containing materials, or fluids; (iv) radon; (v) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (vi) any pollutant or contaminant (including petroleum, petroleum hydrocarbons, petroleum products, crude oil and any factions thereof, any oil or gas exploration or production waste, and natural gas, synthetic gas and any mixtures thereof) that in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (vii) any substance that, whether by its nature or its use, is subject to regulation under any Environmental Law or with respect to which any Environmental Law or Governmental Authority requires environmental investigation, monitoring or remediation; and (viii) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Waster Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance. Parties. The parties in this Agreement are the City and CSWC. Project. "Project" shall mean the installation of the System pursuant to this Agreement. Retainap-e. "Retainage" has the meaning set forth in Paragraph 12. Standard of Care. "Standard of Care" has the meaning set forth in Paragraph 5. Subcontractor. "Subcontractor" shall mean only those having a direct contract with CSWC for performance of the Work under this Agreement. Substantially Completed. "Substantially completed" shall mean that the Project contemplated by Agreement has been made suitable for use to serve its intended purpose, but still may require minor miscellaneous work and adjustment ("punch list items"). System. "System" shall mean the combination of the Fixed Wireless Network, the Utility Management System, and SCADA, as generally defined herein and defined in detail in Exhibit 1. 1. The "Fixed Wireless Network" or "Network", will provide for the transport and communication needs of the Utility Management System and is described in Section 7.0 of City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 4 of 40 0 K Exhibit 1. The Network generally includes (a) all Federal Communications Commission licenses to own and operate the Utility Management System, (b) all network transport equipment set forth in Section 7.0 of Exhibit 1, and (c) any additional network equipment that the parties hereto jointly determine is required; 2. The "Utility Management System" is described in Section 7.0 of Exhibit 1; and 3. The "SCADA", which is the Supervisory Control and Data Acquisition system, is described in Section 6.0 of Exhibit 1. Work. "Work" means the obligations of CSWC in connection with the Project as set forth in Exhibit 1, as modified by any Change Order. System Installation Costs. "System Installation Costs" means the cost of the Fixed Wireless Network, Basic Utility Management System and SCADA System set forth in Paragraph 12. III. OBLIGATIONS OF THE PARTIES 1. Purpose of Agreement This Agreement relates to the purchase, installation and construction of the System. 2. CSWC Representative CSWC, as the vendor and contractor, shall be required to have a responsible representative available at all times while the Work is in progress under this Agreement ("CSWC Representative"). The CSWC Representative shall be authorized to act on behalf of CSWC and bind CSWC. CSWC shall furnish the City with the name and address of the CSWC Representative and the telephone number where the CSWC Representative may be reached twenty-four hours per day during the time that the Work contemplated by this Agreement is in progress. The City reserves the right to reject the CSWC Representative designated by CSWC and require CSWC to designate a new CSWC Representative. 3. Owner's Representative The City's Director of Community Owned Utilities or his authorized representative is hereby designated as City's Representative. City's Representative will act for City but shall not directly supervise CSWC or persons acting on behalf of CSWC. City's Representative shall assume all duties and responsibilities and have the rights and authority assigned to him in this Agreement in connection with the completion of the Work in accordance with this Agreement. CSWC's communications with the City regarding the Work shall be through the City's Representative. 4. Installation and Construction of the System The System is described in Exhibit 1. CSWC and the City will install and make operational the System which generally includes the following applications: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 5 of 40 a. automated meter reading providing real time reads, demand for 600 commercial and industrial customers being measured or billed on demand, and time of use data; b. remote logical connect and disconnect; C. electric distribution automation, which performs previously manual operations, such as fault isolation and substation data retrieval; d. water distribution automation, which performs previously manual operations, such as motor and pump activation/deactivation; e. wastewater collection automation, which performs previously manual operations, such as lift station monitoring; f. detection of unmetered current, water and theft of service; g. outage detection data that supports improved service restoration; and h. collection of utility data for use in multiple planning and research applications. Additionally, with modification, additions and/or other upgrades to equipment and software, the System will be capable of supporting additional applications, including, but not limited to: a. interactive, selective or customized marketing of utility services or products; b. home security, personal security, and medical alarms; C. fire/smoke detection; and d. emergency alerting. The required modification, additions and/or other upgrades to equipment and software for such additional applications are not part of this Agreement. 5. CSWC's Understanding and Duty CSWC is an independent contractor and shall perform the Work in a good and workmanlike manner (the "Standard of Care"). CSWC shall supply all materials, equipment and labor required to be provided by CSWC as part of the Work. Nothing herein shall create a relationship of employer and employee, joint venture, or partnership between the City and CSWC, its agents, representatives, employees or subcontractors, for any purpose whatsoever. Nothing herein shall create a relationship of principal and agent between the City and CSWC, its agents, employees, representatives or subcontractors. Neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby. The City shall not have the right to control the manner(s) or prescribe the method(s) by which CSWC performs the Work. CSWC shall have ultimate control over the performance of the Work. CSWC shall faithfully prosecute the Work and shall keep on the Project during progress of the Work a superintendent ("CSWC Superintendent") qualified to manage and supervise the Work and any necessary assistants, all satisfactory to the City's Representative. The CSWC Superintendent shall have authority with respect to the day to day performance by CSWC of the Work. The City reserves the right to reject the CSWC Superintendent designated by CSWC and require CSWC to designate a new CSWC Superintendent. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 6 of 40 f It is understood and agreed that CSWC has, by careful examination, satisfied itself as to the nature and location of the Work, the general character, quality, and quantity of the material to be encountered, the character of equipment and facilities needed primarily for and during the prosecution of the Work, and the general and local conditions and all other matters which in any way effect the Work under this Agreement. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. CSWC agrees to employ only orderly and competent workers skillful in the performance of the type of Work required under this Agreement to do the Work, and agrees whenever City's Representative shall inform CSWC in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or persons shall be discharged from the Work and shall not again be employed on the site without the City's Representative's written permission. CSWC shall promptly respond to any requests by the City for information, decisions, or approval related to the performance of the Work to avoid delay in the orderly progress of the Work. 6. Hours of Work CSWC may perform the Work on City property or a customer's property Monday through Friday, from 7 a.m. to 6 p.m. exclusive of Saturdays, Sundays, or City -designated legal holidays, except as approved in advance by City's Representative. CSWC may perform the Work on City property or a customer's property at any other times in an emergency or as approved in advance by City's Representative. CSWC may perform the Work at any time at any other location, including, but not limited to, remotely from CSWC's offices. 7. Plans and Specifications CSWC shall keep one copy of the plans and specifications accessible at its Georgetown CCC office with the latest revisions noted thereon. With the exception of the signed agreements, CSWC shall provide the City's Representative with a reproducible copy of all drawings, renderings, shop drawings, models, specifications and copies thereof developed by CSWC and/or the City as a part of this Project, with the exception of proprietary documentation relating to any software, at the completion of the Work and the City shall own such documents. During the course of performance of the Work, CSWC will submit to the City three copies of each submittal or shop drawing. 8. Construction Meetings Prior to the commencement of the Work and no later than ten (10) days after both parties have executed this Agreement, the parties shall meet and attend a preconstruction meeting. No later than three (3) days prior to the preconstruction meeting, CSWC shall submit to the City's Representative the following documents: a. Four copies of all shop and/or setting drawings or schedules for the submission thereof. b. Schedules of work contemplated, including the starting and ending date, as well as an indication of the completion of stages of construction hereunder. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 7 of 40 r C. Materials, procurement schedules, and material suppliers' names. d. Schedules of the starting and ending dates of subcontractors and the work contemplated for subcontractors. e. Completion of stages of the construction hereunder. f. Name and phone number, home and local office, of CSWC and the CSWC Superintendent. No later than ten (10) days prior to the preconstruction meeting, the City's Representative shall submit to CSWC the name and phone number, home and local office of the City's Representative, and the telephone number where the City's Representative can be reached twenty-four (24) hours per day during the time the Work is in progress. At the preconstruction meeting, the parties shall set dates for construction conferences to review the Work completed and contemplated hereunder. At the preconstruction meeting, the parties shall meet, discuss, and finalize all schedules and specifications submitted for review. The City's Representative shall be entitled to make reasonable objections to CSWC's schedule submitted herein. CSWC shall resubmit to City's Representative all changes agreed to by the parties. City's Representative, within five (5) days after the preconstruction conference, shall submit minutes of the meeting to CSWC. CSWC shall thereafter have five (5) days to review said minutes and make its objections, changes, or reductions in writing thereto. Once the parties have mutually agreed to the minutes, both CSWC and the City shall sign the minutes. It is the meaning and intent of this Agreement, unless otherwise herein specifically provided, that CSWC shall be allowed to prosecute the Work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the Work shall be substantially completed as a whole and in part, in accordance with this Agreement. When the City is having other work done, either by contract or by its own force, however, the City's Representative shall direct the time and manner of constructing Work done under this Agreement, so that conflicts will be avoided and the construction of various works being done for the City shall be harmonized. If the direction by the City's Representative causes a delay or an increase in cost of the Work, CSWC shall be entitled to a Change Order pursuant to Paragraph 21 extending the Completion Date by the amount of such delay and CSWC shall be entitled to request a Change Order for the increase in the cost of the Work. CSWC shall submit at such time as may reasonably be requested by City's Representative further or updated schedules which shall show (i) the order in which CSWC proposes to carry on the Work with dates at which CSWC will start the several parts of the Work and the estimated dates of completion of the several parts of the Work or (ii) the progress of Work completed to date or (iii) the mechanism by which CSWC will complete the Work in accordance with the agreed upon schedule. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 8 of 40 City's Representative may call for additional construction meetings upon twenty-four (24) hours notice to CSWC's Representative and CSWC's Superintendent unless otherwise agreed by the parties. 9. Time and Order for Completion Once the minutes of the preconstruction meeting have been signed by both parties, the City will immediately issue a notice to proceed authorizing CSWC to commence the Work. CSWC shall begin the Work no later than ten (10) days after the notice to proceed is issued by the City. The parties agree and understand that time is of the essence in this Agreement and that delays in completing the Project will result in damage to City. The Work must be completed by March 1, 1998, except as modified by a written Change Order pursuant to Paragraph 21 ("Completion Date"). In the event that it is mutually determined by CSWC and the City that the progress of the Work is not in accordance with the approved progress schedule, the City may direct CSWC to take such reasonable action as the City deems necessary to ensure completion of the Work within the time specified. 10. Materials and Supplies Materials and supplies provided by CSWC in the performance of the Work shall be new and of good quality. Upon request, CSWC shall supply proof of quality and manufacturer. Except in connection with vendor warranty services, no refurbished, reconditioned, or other previously utilized materials and supplies can be provided by CSWC without the signed authorization of the City's Representative. Due to the high technology nature of this purchase, the proposed materials to be supplied by the parties to construct the System are specified in Exhibit 1. If CSWC should, for any reason, desire to supply materials other than those specified in Exhibit 1, CSWC shall secure the prior signed authorization of the City's Representative before making any such substitution. City's Representative may require documentation as to quality and function, including manufacturer's specifications, to ensure himself that the proposed substitute is equal to the required material or supply. City's Representative shall have full and final decision over the use of the substitute materials and supplies. Materials or Work described in words which when so applied have well-known technical or trade meaning, shall be held to refer to such recognized standards. 11. Total Project Charges a. System Installation Costs. The System Installation Costs are specified in Paragraph 12. These amounts shall be the maximum amount to be paid under this Agreement, unless modified in accordance with the terms of this Agreement. Equipment quantities and pricing, as set forth in Paragraphs 12, are based on engineering estimates for a 28 mile coverage area. Equipment quantities may vary upon completion of the System design, propagation study, location of poles, towers and lighting standards, and topography. The City shall assume and pay to CSWC the amount of the cost of any increase in actual units installed as compared to estimates. CSWC shall refund to the City the amount of the cost of any decrease in actual City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 9 of 40 .or units installed as compared to estimates. The System Installation Costs shall be paid in accordance with this Agreement. Notwithstanding anything to the contrary in this Agreement, CSWC reserves the right to: (i) withhold deliveries and/or suspend or discontinue its performance of the Work, in whole or in part; and/or (ii) place some or all of the Equipment in storage at the City's expense, if the City fails to make any payment in accordance with this Paragraph 11 when due. CSWC shall be entitled to a Change Order extending the Completion Date to reflect any impact associated with an exercise of CSWC's rights under this Paragraph 11, and CSWC shall be entitled to request a Change Order for the costs associated with an exercise of CSWC's rights under this Paragraph 11. b. Cost Reduction Provision. If, after the execution of this Agreement but prior to CSWC's purchase of the Equipment, CSWC secures reduced costs for any parts of the Equipment required for the Work, CSWC shall refund to the City the amount of the actual reduction in cost of Equipment recognized by CSWC. 12. Payment The City shall pay CSWC for the Work in the amounts and manner set forth in this Paragraph 12, as amended by the parties. At the times and in the manner set forth in below, CSWC shall submit applications for payment to: Community Owned Utilities 1001 North College Georgetown, Texas 78626 Attn: Mr. Leon Henderson The individual to whom and address where applications for payment shall be submitted may be changed in accordance with Paragraph 48. The System Installation Costs are as follows: a. Fixed Wireless Network and Utili , Management System. The following price schedule represents the cost of the Fixed Wireless Network and Utility Management System portions of the System. Bonding costs, permit fees and/or sales taxes are not included in CSWC's pricing and shall be invoiced as an additional line item if required. Equipment Network Control NodeTM Cell Control UnitTM Genesis ITRON® Host Processor Hardware Unit Price Extended Price 2 $ 35,000 $ 70,000 450 $ 15400 $ 6305000 1 $ 73,900 $ 73,900* City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 10 of 40 r Genesis ITRON® Host Processor Software 1 $ 1653,930 $ 165,930 Electric ERT® w/ Enhanced 10,000 $ 86.87 $ 868,701 TOU Water ERT® 9,500 $ 106.40 $ 1,010,800 Windows NT Workstation 1 $ 4600.00 $ 4,600 Optional spares of Fixed Wireless Network and Utility Management System equipment are available for an additional cost at the unit prices listed above. Network Services/Installation $ 58,922 Includes the following: RF Propagation RF Network Engineering Pre -installation Testing Network Installation Training Operational Support Installation Supervision and Management Marketing Materials Focus Group Facilitation, Materials and Expenses Utility Management Services/ Installation $ 344,001 Includes the following: Installation and Configuring of Water and Electric ERTSTM Pre -installation Testing Training Operational Support Installation Supervision and Management Marketing Materials Focus Group Facilitation, Materials and Expenses City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 11 of 40 x Utility Management Basic Billing System Software Subtotal $ 62,500 CCUm Administration Subtotal $ 166,559 Includes the following: Vehicles Lease Space Office Furniture/Furnishing Utilities, Water, Garbage, Sewer Copies, Office Supplies, Janitorial PC's, Telephones, Fax, Pagers Miscellaneous CCCTM Project Management Subtotal $ 216,016 Includes the following: Project Superintendent Additional mgmt. from CSWC Central Texas Team as needed Fixed Wireless Network and Utility Management Subtotal $3,671,929 * Less CSWC Discount 100 000 Fixed Wireless Network and Utility Management System Total $395719929* * The Fixed Wireless Network and Utility Management System Total cost is based upon CSWC providing one (1) DEC A1phaStation CPU. The Fixed Wireless Network and Utility Management System Total cost will increase if the City selects one (1) IBM RISC 6000 CPU in lieu of the DEC A1phaSystem CPU in the amount of the cost of the IBM RISC 6000 CPU in excess of the DEC AlphaStation CPU. b. SCADA System. The following price schedule represents the cost of the SCADA portion of the System. Bonding costs, permit fees and/or sales taxes not included in our pricing and shall be invoiced for as an additional line item if required. MOTOROLA Products: $154,122 RTU Enclosures and Accessories: $ 25�17 Computer Products and Software: $ 7Kffll City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 12 of 40 SCADA Accessories: $ 4Q14 Installation Material: 29470 Products, Materials, Accessories Subtotal $32W Services & Expenses: 211 SCADA Total: $54WZ The System Installation Costs shall be paid in the following percentages at the following times: a. Fixed Wireless Network and Utility Management System. The City shall pay CSWC the Fixed Wireless Network and Utility Management System Total ($3,571,929) plus any additions, optional purchases, bonding costs, permit fees, applicable sales taxes and other additional costs as contained in this agreement in the following percentages for the milestones set forth below: Milestone Percentage Execution of Agreement 15 % Completion of SAT test pursuant to Section 5.0 of Exhibit 1 20 Completion of the Intermediate System Tests pursuant to Section 8.0 of Exhibit 1 15 % Monthly payments equal to (ERT Installed/Total ERT's)* 50 % Total 100% * For example, if 500 electric and 450 water ERT's are installed during a given month during full deployment of the system, CSWC would invoice the City for ((500+450)/18,500) times the Utility Management and Network Total portion of the System Installation Costs. b. SCADA System. For the SCADA portion of the System Installation Costs ($540,126), the City will pay CSWC in the following percentages for the milestones set forth below: Milestone Percentage Execution of Agreement 10 % City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 13 of 40 Receipt of Products 30 % Execution of factory acceptance test at TEAM CONTROLS' facility 30% Completion of installation, acceptance and training 3 0 % Total 100% Applications for payment will be processed by the City on or before the first day of each month. The City shall then pay CSWC on or before the twentieth day of the following month the total amount of the application for payment, less five percent (5%) Retainage ("Retainage"). Upon issuance of the Certificate of Acceptance, CSWC shall submit an application for payment for and the City shall pay all Retainage. The City shall pay a one and one-half percent (I V2%) per month carrying fee on billed amounts not remitted by the twentieth day of the following month. The City shall not, without CSWC's consent, withhold from any billed amount any amount for taxes payable to any Governmental Authority, or any other amount. The City shall have no responsibility to any subcontractors employed by CSWC for performance of Work on the Project contemplated by this Agreement. Subcontractors will look exclusively to CSWC for any payments due subcontractors. The City represents and warrants to CSWC that it is capable of compensating CSWC in the time, manner, and amount required under this Agreement. 13. Work a. In General. CSWC shall perform the Work in accordance with the Standard of Care set forth in Paragraph 5. Unless otherwise specified in this Agreement, CSWC shall provide and pay for all materials, supplies, machinery, Equipment, tools, superintendents, laborers, insurance and all water, electric power, fuel, transportation, and all other facilities necessary for the execution and completion of the Work. b. Layout of the Work. Except as specifically provided in this Agreement, CSWC shall be responsible for laying out all Work in a manner acceptable to City's Representative and in accordance with applicable City codes. The City's Representative will check CSWC's layout of all structures and any other layout work done by CSWC at the construction meeting, or at CSWC's request, but this check does not relieve CSWC of the responsibility of correctly locating all Work in accordance with this Agreement. C. Access to City Facilities. CSWC shall coordinate with City's Representative for access to City facilities during regular business hours, as needed, during the installation of the System. CSWC shall coordinate with City's Representative for access to City facilities at such other times as needed. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 14 of 40 } d. Easements and Right of Way. The City shall be responsible at its own expense for the acquisition of any easements or right of way that may be required in order to permit the installation of the System. 14. Permits, Fees, and Notices The City shall, at its sole expense, make all required filings and registrations with, and shall obtain all required permits, licenses, approvals, certificates, franchises, consents and authorizations from, the Federal Communications Commission, the Public Utility Commission of Texas, and each other applicable governmental authority in connection with the construction, operation and ownership of the System. The City shall secure and pay for any permits and governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work and the City's obligations under this Agreement and the construction, operation and ownership of the System. The City shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the ownership and operation of the System. CSWC shall maintain in effect during the term of this Agreement any and all federal, state and local licenses and permits which may be required of CSWC generally and not which the City is required to obtain and maintain under the terms of this Agreement. 15. Royalties and Patents CSWC shall pay all patent royalties required for CSWC's performance of the Work. CSWC shall defend all suits or claims for infringement of any third party's patent rights filed against the City as a result of CSWC's performance of the Work and shall pay any final judgment against the City resulting therefrom. CSWC shall not be responsible for any such suit, claim or judgment associated with a particular design process or the product of a particular manufacturer or manufacturers specified by the City, unless CSWC has reason to believe that the design, process, or product specified is an infringement of a third party's patent and CSWC fails to provide promptly such information to the City's Representative. It is a condition precedent to CSWC's obligations under this Paragraph that, upon the City becoming aware of a claim or suit, the City promptly notifies CSWC in writing of the claim or suit and, as between CSWC and the City, CSWC has sole control of the defense of the claim or suit and all related settlement negotiations. CSWC's obligation under this Paragraph is conditioned on the City's agreement that if the Work or the operation thereof becomes, or in CSWC's opinion is likely to become, the subject of such a claim or suit, the City will permit CSWC, at CSWC's option and expense, either to procure the right for the City to continue using the Work or to replace or modify the same so that it becomes noninfringing. Such replacements or modifications shall be functionally equivalent to the Work. The foregoing states the entire obligation of CSWC with respect to infringement of patents. 16. Use of Sites CSWC shall confine operations at the work sites to areas permitted by law, ordinances, or permits, and shall not unreasonably encumber the site with any materials or equipment. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 15 of 40 17. Work Space City agrees to provide on -site working space at the Community Owned Utilities' facility, 1101 N. College, Georgetown, Texas, for use by CSWC during the installation of the System, subject to the limitations of available space at the Community Owned Utilities' facilities. 1S. Use of Completed Portions Upon full payment, less Retainage, by the City for a completed portion of the Work, the City shall have the right to take possession of and use the completed portion of the Work, notwithstanding the time for completing the entire Work or such portion may not have expired, but such taking possession and use shall not waive any claims of the City for Work not completed in accordance with this Agreement. 19. Cleaning Up CSWC at all times shall keep the sites on which it is performing Work free from the accumulation of waste materials or rubbish caused by CSWC's operations. At the completion of the Work, CSWC shall remove all its waste materials and rubbish from and about the sites on which it is performing the Work, as well as CSWC's tools, construction equipment, machinery, and surplus materials. If CSWC fails to clean up at the completion of the Work, the City may, after a 72-hour notification period, do so and the reasonable cost thereof shall be charged to CSWC. 20. Observation and Testing The City's Representative shall have the right, at all reasonable times, to observe and test the Work in a manner so as not to disrupt the orderly flow of Work. Both parties shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever the Work is in preparation or progress. The City's Representative may require CSWC to remove, dismantle, or uncover completed Work for testing or observation. In the event that such removal, dismantling or uncovering reveals that CSWC has failed to perform the Work in accordance with the Standard of Care, CSWC shall assume and pay the costs of repair and restoration of the Work removed, dismantled, or uncovered. In the event that CSWC has performed the Work correctly, the City shall assume and pay the cost of restoration of the Work to the point that the City's Representative required the work to be uncovered, and CSWC shall be entitled to a Change Order pursuant to Paragraph 21 extending the Completion Date by the amount of any delay. During performance of the Work, the City's Representative may reject any Work found to be defective or not in accordance with the Standard of Care, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether the City's Representative has previously accepted the Work through oversight or otherwise. Neither observations by the City's Representative nor inspections, tests, or approvals made by the City's Representative, or persons authorized under this Agreement to make such inspections, tests, or approvals, shall relieve CSWC from its obligation to perform the Work in accordance with this Agreement. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 16 of 40 MI 21. Change Orders a. Changes and Alterations. "Changes and Alterations" are modifications within the general scope of the Work as the City may see fit, in the plans, specifications or materials for the Work herein contemplated, or any part thereof, either before or after the beginning of the Work. The City may, by written Change Order, make Changes or Alterations without affecting the validity of this Agreement and the accompanying bond. In case the City shall make such Changes or Alterations as shall make useless any Work already done or material already furnished or used in the Work, then the City shall compensate CSWC for any material or labor so used, and for any actual loss occasioned by such Change or Alteration due to actual expenses incurred in preparation for the Work as originally planned. If any such Change or Alteration results in an increase, or decrease in the System Installation Cost, time for performance, warranties, and/or project schedule for any part of the Work under this Agreement, there shall be an adjustment agreed to by the City and CSWC to the System Installation Cost, warranties, project schedule and time for performance, as applicable. CSWC shall not be obligated to proceed with the Change or Alteration until the value of such Change or Alteration and its effect on warranties, project schedule, time for performance, System Installation Cost for the completion of the Work have been agreed upon and effected by a written Change Order pursuant to this Paragraph 21 signed by both parties. b. Extra Work. If the City desires CSWC to perform services or work outside of the general scope of the Work ("Extra Work"), the City shall present CSWC with a written work order. If any such Extra Work results in an increase, or decrease in the System Installation Cost, time for performance, warranties, and/or project schedule for any part of the Work under this Agreement, there shall be an adjustment agreed to by the City and CSWC to the System Installation Cost, warranties, project schedule and time for performance, as applicable. CSWC shall not be obligated to proceed with the Extra Work until the value of such Extra Work alteration and its effect on warranties, project schedule, time for performance, System Installation Cost for the completion of the Work have been agreed upon and effected by a written Change Order pursuant to this Paragraph 21 signed by both parties. If CSWC and the City agree to the terms for a Change Order, CSWC shall perform the Extra Work under the direction of the City's Representative. No claim for Extra Work of any kind will be allowed unless ordered in writing by the City's Representative. In case any orders or instructions appear to CSWC to involve Extra Work for which CSWC should receive compensation or an adjustment in the construction time, CSWC shall make written request to City's Representative for a written order authorizing such Extra Work. Any requests for additional charges in excess of the stated charges in this Agreement must specify whether the charges are for consumable materials or for labor or non -consumable materials. If CSWC believes any interpretation by the City of this Agreement constitutes a constructive change or Extra Work, CSWC shall notify the City explaining its claim. The written notice City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 17 of 40 PC shall specify the basis for CSWC's belief or claim in sufficient detail for the City to determine the scope and basis for CSWC's claim and whether the City agrees with CSWC's claim. The City may accept or reject such claim. Any such rejection will be submitted by the City in writing within fifteen (15) Calendar Days of CSWC's notice, explaining in detail the reasons for the rejection. In the case of such rejection, CSWC shall not be obligated to proceed with the disputed work until the dispute has been resolved. C. CSWC Rights. In no event shall CSWC be obligated to implement any Change, Alteration or Extra Work which is impossible or impracticable as determined in CSWC's reasonable discretion. In no event shall CSWC be obligated to implement any Change, Alteration or Extra Work which in CSWC's judgment adversely affects CSWC's ability to meet its warranty and/or other obligations under this Agreement, unless such warranty and/or other obligations are modified pursuant to a Change Order in a manner acceptable to CSWC. CSWC shall be entitled to Change Orders under circumstances specifically providing for Change Orders elsewhere in this Agreement. CSWC shall have the right to make reasonable changes in the details of design, construction, arrangement and/or equipment whenever CSWC, in its reasonable discretion, deems such changes to be necessary or to constitute an improvement in the current practice, provided that any such changes do not materially and adversely affect the performance, operability or safety of the System. Such changes shall not increase the System Installation Costs or the time for performance, nor change the warranties. d. Approval of Change Orders. Changes, Alterations, Extra Work or other modifications to this Agreement authorized through Change Orders may be made or approved by the City Manager provided that the Change Order does not increase or decrease the System Installation Costs by more than; (i) Fifteen Thousand Dollars ($15,000.00); and (ii) in no event more than 10% of the original System Installation Cost; unless approved by Council, however, no Change Order(s) shall exceed 25% of the original System Installation Cost. Any changes in excess of these limits shall be approved by the City Council. Any requests by CSWC for a change in System Installation Costs shall be made prior to the beginning of the work covered by the proposed Change, Alteration or Extra Work or the right to payment for Change, Alteration or Extra Work shall be waived. Payment for any Alterations, Changes, Extra Work or modifications to this Agreement covered by a Change Order shall be made in accordance with the this Agreement as the Work progresses in accordance with payments for the Work completed. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 18 of 40 22. Hindrance and Delays CSWC agrees that in undertaking to complete the Work within the time herein fixed, it has taken into consideration and made allowance for all reasonably foreseeable hindrances and delays incident to such Work, whether growing out of delays in securing material or workers or weather or otherwise. No claim for additional compensation shall be made by CSWC for hindrance or delays from any cause during the progress of any of the Work, except where: (i) otherwise specifically provided in this Agreement, (ii) the Work is stopped by order of City or City's Representative, for the City's convenience, or (iii) the performance of all or any portion of the Work is suspended, delayed or interrupted by: (a) an event which constitutes Force Majeure under Paragraph 43; (b) an act of the City or the City's Representative, or by their failure to act, as required by this Agreement within the time specified herein, or if no time is specified, within a reasonable time; in which case CSWC shall be entitled to a Change Order pursuant to Paragraph 21 modifying the warranties, project schedule, and/or Completion Date for any increase in the time of performance of the Work and CSWC shall be entitled to request a Change Order for the increase in the cost of the Work attributable to the period of such stoppage, suspension, delay or interruption. 23. Substantial Completion CSWC shall notify the City's Representative when, in CSWC's opinion, the Project or a phase thereof is Substantially Completed. Within ten (10) days after CSWC has given the City's Representative written notice that the Work has been Substantially Completed, the City's Representative and the City shall inspect the Work for the preparation of a final punch list. If the City's Representative and the City find that the Work is not Substantially Completed, then within ten (10) days after the inspection they shall so notify CSWC who shall then complete the Work. Within such ten (10) day period, the City's Representative shall provide a written list of unfinished work to CSWC. If the City's Representative and the City find that the Work is Substantially Completed, then within ten (10) days after the inspection the City's Representative shall issue to the City and CSWC his certificate of Substantial Completion. The Substantial Completion of the Work shall not excuse CSWC from performing all of the Work undertaken, whether of a minor or major nature, and thereby completing the Work in accordance with this Agreement. After the City's Representative has issued CSWC a certificate of Substantial Completion, it shall be the duty of the City within ten (10) days after issuance of the certificate of Substantial Completion to issue a Certificate of Acceptance of the Work to CSWC or advise CSWC in writing of the reason for non- acceptance. 24. System Acceptance and Use a. Testing. CSWC will conduct tests in accordance with Exhibit 1. After the City receives the test documentation required pursuant to Exhibit 1, the City will have fifteen (15) Calendar Days to inform CSWC in writing of the City's opinion as of the success or failure of the tests; provided, however, that the City shall promptly inform CSWC if City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 19 of 40 z additional time is required for the City to reach its opinion, in which instance CSWC and the City shall agree upon the schedule for delivery of such opinion. CSWC shall be entitled to make modifications and rerun the tests, if necessary, in accordance with Exhibit 1. Final written acceptance of the System by the City shall not effect the City's rights and CSWC's obligations under Paragraph 28. b. Sale of Equipment. Upon payment for a portion of the Work pursuant to Paragraph 12, CSWC shall be deemed to have sold and conveyed to the City, and the City shall be deemed to have purchased from CSWC all of CSWC's right, title and interest in the Equipment installed as a part of the System to the extent the City has made payment to CSWC for the Work associated with such Equipment. From and after the date of such payments, within fifteen (15) days of the request of the City, CSWC shall execute and deliver such bills of sale and other instruments of conveyance, assignment, transfer and delivery as the City may reasonably request in order to convey such right, title and interest to the City; provided, however, that CSWC shall promptly inform the City if additional time is required for CSWC to execute and deliver such instruments, in which instance CSWC and the City shall agree upon the schedule for delivery of such instruments and such right, title and interest shall not be conveyed to the City until such time as all required instruments are executed and delivered. C. Title. From and after the date of such payments, title to and ownership of the Equipment shall remain with the City as provided in Paragraph 24(b). d. Right to Terminate. If the Work fails to meet the requirements of the tests set forth in Section 5.0 of Exhibit 1, the City shall have the right to terminate this Agreement pursuant to Paragraph 33(d). If the City chooses not to terminate this Agreement pursuant to Paragraph 33(d), the parties shall meet to determine how to appropriately modify the Work and shall enter into appropriate Change Orders reflecting any changes in the Work and other terms of this Agreement. 25. Licensing of Software Subject to the other terms and conditions of this Agreement: a. SCADA Software. With respect to the software provided by CSWC as a part of the Work in connection with the SCADA System, CSWC will obtain for the City a direct license from the SCADA software licensor on the licensor's standard terms and conditions. b. Oracle Software. With respect to the Oracle software provided by CSWC as a part of the Work, CSWC will obtain for the City a direct license from the Oracle software licensor on the licensor's standard terms and conditions. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 20 of 40 C. GIHP Software. With respect to the GIHP software provided by CSWC as a part of the Work, CSWC will obtain for the City a direct license from the GIHP software licensor on the licensor's standard terms and conditions. d. Other Third Party Software. With respect to other third party software provided by CSWC as a part of the Work, CSWC will obtain for the City a direct license from the software licensor on the licensor's standard terms and conditions. e. CSWC Software. With respect to the Utility Management Basic Billing System Software created by CSWC and provided by CSWC as part of the Work pursuant to Section 7.6 of Exhibit 1, CSWC hereby grants the City a non-exclusive, royalty free license to use and maintain, by itself, through CSWC or through third parties, such software internally in connection with the City's operations. 26. CCC Trademark and City Logo During the performance of the Work, CSWC hereby grants to the City a non-exclusive license and right to use the CSW trademarks "CCC" and "Customer Choice & Control," set forth in Exhibit 2, solely in connection with advertising and materials related to CSWC's Customer Choice & Control services provided as a part of the Work. CSWC shall have the right, but not the obligation, of prior approval of all use of the licensed trademarks and name by the City. The City shall submit to CSWC all intended uses of the trademarks and names at least one (1) week prior to any such initial use. The intended use shall be deemed approved by CSWC unless CSWC objects to the use within five (5) days of receipt of the proposed use. Any use objected to by CSWC shall not be used by the City. CSWC agrees that no payment in addition to the payments of the System Installation Cost shall be required of the City for this license. The City acknowledges that all use of CSWC's licensed trademarks and names pursuant to this license shall inure solely to the benefit of CSW. 27. Defects in Materials and Workmanship It is further agreed that if Work or any part thereof is not performed in accordance with the Standard of Care set forth in Paragraph 5 or any material or Equipment brought to the site of the Project for use therein is not in accordance with Exhibit 1, or an approved substitute, it shall be deemed by the City's Representative as unsuitable and not in conformity with this Agreement. During the performance of the Work, CSWC shall, after receipt of written notice thereof from the City's Representative, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full compliance with this Agreement. It is further agreed that any remedial action contemplated, as hereinabove set forth, shall be at CSWC's expense. During the performance of the Work, CSWC shall promptly remove from City's premises all materials or Equipment which the City Representative determines do not conform with Exhibit 1, or an approved substitute, whether actually incorporated in the Work or not, and CSWC shall, at its own expense, promptly replace such nonconforming materials or Equipment with other materials or Equipment conforming to the requirements of this Agreement. CSWC shall also bear the expense of restoring all Work of other subcontractors damaged by any such removal or replacement. If City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 21 of 40 CSWC does not remove or replace any such nonconforming Work within a reasonable time after written notice, then the City's Representative may have the Work removed and replaced at CSWC's expense. If the City becomes aware of or believes that there is any fault or deficiency in the Work, the System, any service by CSWC or non -conformity with this Agreement, the City shall give prompt written notice to CSWC of such fault or deficiency in the Work, the System, any service by CSWC or non -conformity with this Agreement. The written notice shall specify the basis for the City's belief or claim of fault or deficiency in the Work, the System, any service by CSWC or non -conformity with this Agreement in sufficient detail for CSWC to determine the scope and basis for the City's claim and whether CSWC has any obligations to remedy such fault or deficiency in the Work, System, or service by CSWC under this Agreement or non -conformity with this Agreement. 28. Warranty a. Warranty of Workmanship. CSWC warrants that the Work provided by CSWC under this Agreement will be performed in accordance with the Standard of Care set forth in Paragraph 5. The Standard of Care is the sole and exclusive standard of care that will be applied to measure CSWC's performance of the Work. (i) Reperformance of Services. CSWC shall reperform the Work or any portion thereof which fails within one (1) year after completion of the Intermediate System Tests pursuant to Section 8.0 of Exhibit 1, to satisfy the Standard of Care, so that the Work or portion thereof satisfies the Standard of Care. All costs incurred by CSWC in performing such corrective work shall be for CSWC's account, and the City shall not be required to pay for any such corrective work. In the event that CSWC is either not capable of reperforming the corrections or not capable of performing such corrections in time to meet the City's requirements, upon written notice to CSWC that the City intends to use a third party to correct the noncomplying Work, the City may have the Work reperformed by a third party, and CSWC shall reimburse the City for the reasonable expense of such performance. CSWC'S SOLE AND EXCLUSIVE LIABILITY FOR WORK WHICH FAILS TO COMPLY WITH THE STANDARD OF CARE SET FORTH IN THIS PARAGRAPH 28(a) SHALL BE AS SET FORTH IN THIS PARAGRAPH 28(a)(i) AND THE CITY SHALL HAVE NO OTHER RIGHTS OR REMEDIES AGAINST CSWC FOR ANY SUCH NONCOMPLIANCE. (a) Tests. CSWC shall be permitted to make any tests or to perform any remedial services as CSWC in its sole opinion deems appropriate to demonstrate that the warranty set forth in this Paragraph 28(a) has been met. If the City fails or refuses to allow CSWC to make such tests or perform such service, the warranty obligation of CSWC shall be deemed to have been met. (ii) Notification. The City shall notify CSWC in writing within ten (10) days of discovery of any failure of the Work to comply with the Standard of Care set forth in this Paragraph 28(a). UNDER NO CIRCUMSTANCES SHALL CSWC BE LIABLE FOR ANY FAILURE OF THE WORK TO COMPLY WITH THE City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 22 of 40 • s STANDARD OF CARE SET FORTH IN THIS PARAGRAPH 28(a) FOR WHICH THE CITY FAILS TO NOTIFY CSWC IN WRITING WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OF THE ONE (1) YEAR WARRANTY PERIOD. b. General Warranty of System Products and Equipment. (i) For a period of one year after installation of a particular product or piece of Equipment as part of the Work, CSWC warrants that such product or piece of Equipment will comply with the product requirements of Exhibit 1, as amended by any Change Orders and unless substitutions are provided in accordance with the terms of this Agreement; provided, however, that any products or Equipment installed prior to completion of the Intermediate System Tests conducted pursuant to Section 8.0 of Exhibit 1 shall be warranted under this Paragraph 28(b)(i) for a period of one year after completion of such tests. CSWC will replace or repair any product or piece of Equipment which fails to comply with the product requirements of Exhibit 1, as amended by any Change Orders and any approved substitutions, within the one (1) year warranty period, so that the product or Equipment complies with Exhibit 1, as amended by any Change Orders and any approved substitutions. All costs incurred by CSWC in making such repaired or replacements shall be for CSWC's account, and the City shall not be required to pay for any such repair or replacement. In the event that CSWC is either not capable of making such repairs or replacements or not capable of making such repairs or replacements in time to meet the City's requirements, upon written notice to CSWC that the City intends to use a third party to make the repairs or replacements, the City may have the repairs or replacements made by a third party, and CSWC shall reimburse the City for the reasonable expense of such repair or replacement. CSWC'S SOLE AND EXCLUSIVE LIABILITY FOR WORK WHICH FAILS TO COMPLY WITH THE WARRANTY SET FORTH IN THIS PARAGRAPH 28(b)(i) SHALL BE AS SET FORTH IN THIS PARAGRAPH 28(b)(i) AND THE CITY SHALL HAVE NO OTHER RIGHTS OR REMEDIES AGAINST CSWC FOR ANY SUCH NONCOMPLIANCE. (a) Tests. CSWC shall be permitted to make any tests or to perform any remedial services as CSWC in its sole opinion deems appropriate to demonstrate that the warranty set forth in this Paragraph 28(b) has been met. If the City fails or refuses to allow CSWC to make such tests or perform such service, the warranty obligation of CSWC shall be deemed to have been met. (b) Notification. The City shall notify CSWC in writing within ten (10) days of discovery of any failure of any product or piece of Equipment to comply with the warranty set forth in this Paragraph 28(b)(i). UNDER NO CIRCUMSTANCES SHALL CSWC BE LIABLE FOR ANY FAILURE OF ANY PRODUCT OR PIECE OF EQUIPMENT TO COMPLY WITH THE STANDARD OF CARE SET FORTH IN THIS PARAGRAPH 28(b)(i) FOR WHICH THE CITY FAILS TO NOTIFY City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 23 of 40 CSWC IN WRITING WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OF THE ONE (1) YEAR WARRANTY PERIOD. (ii) CSWC further warrants that all products and Equipment it provides as a part of the Work will be new; provided, however, that CSWC may provide refurbished products or Equipment as a part of any warranty services provided by CSWC or the manufacturer of the product or Equipment. CSWC shall comply with all installation requirements of any product manufacturers in order to validate any warranties available from the manufacturers. On completion of the Work, CSWC shall assign to the City any and all manufacturer's warranties relating to the Equipment provided by CSWC as a part of the Utility Management System and SCADA. CSWC shall further assign to the City any rights that CSWC might have as a purchaser of goods and services to the benefits under State law of the Deceptive Trade Practices Act, in case of any latent defects of any products or services secured by CSWC during the course of installation of the Equipment which is provided by CSWC as a part of the Utility Management System or SCADA. C. System Warranty. For a period of one (1) year after completion of the Final System Tests conducted pursuant to Section 8.0 of Exhibit 1, CSWC warrants that the System will meet the performance requirements of the Final System Tests conducted pursuant to Section 8.0 of Exhibit 1; PROVIDED, HOWEVER, THAT THE FAILURE OF THE SYSTEM TO COMPLY WITH THIS WARRANTY AS A RESULT OF FAILURE OF ANY EQUIPMENT OR SOFTWARE SHALL NOT BE A BREACH OF THIS PARAGRAPH 28(c) WARRANTY. (i) Reperformance of Work. CSWC shall repair the System or any portion thereof which fails within one (1) year after completion of the Final System Tests conducted pursuant to Section 8.0 of Exhibit 1 to satisfy the warranty set forth in this Paragraph 28(c) so that the System or portion thereof satisfies the warranty set forth in this Paragraph 28(c). All costs incurred by CSWC in performing such corrective work shall be for CSWC's account, and the City shall not be required to pay for any such corrective work. In the event that CSWC is either not capable of performing the corrections or not capable of performing such corrections in time to meet the City's requirements, upon written notice to CSWC that City intends to use a third party to correct the System, the City may have the repairs made by a third party, and CSWC shall reimburse the City for the reasonable expense of such repairs. CSWC'S SOLE AND EXCLUSIVE LIABILITY FOR THE SYSTEM OR ANY PORTION THEREOF WHICH FAILS TO COMPLY WITH THE WARRANTY SET FORTH IN THIS PARAGRAPH 28(c) SHALL BE AS SET FORTH IN THIS PARAGRAPH 28(c)(i) AND THE CITY SHALL HAVE NO OTHER RIGHTS OR REMEDIES AGAINST CSWC FOR ANY SUCH NONCOMPLIANCE. (a) Tests. CSWC shall be permitted to make any tests or to perform any remedial services as CSWC in its sole opinion deems appropriate to demonstrate that the warranty set forth in this Paragraph 28(c) has been met. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 24 of 40 • k If the City fails or refuses to allow CSWC to make such tests or perform such service, the warranty obligation of CSWC shall be deemed to have been met. (ii) Notification. The City shall notify CSWC in writing within ten (10) days of discovery of any failure of the System to comply with the warranty set forth in this Paragraph 28(c). UNDER NO CIRCUMSTANCES SHALL CSWC BE LIABLE FOR ANY FAILURE OF THE SYSTEM TO COMPLY WITH THE WARRANTY SET FORTH IN THIS PARAGRAPH 28(c) FOR WHICH THE CITY FAILS TO NOTIFY CSWC IN WRITING WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OF THE ONE (1) YEAR WARRANTY PERIOD. d. Limitations. Except as set forth in this Paragraph 28, there are no other representations or warranties, express or implied, made by CSWC, including any representations or warranties with respect to the Work, the Equipment, the System, or any obligations of actions of CSWC under this Agreement. In particular, but not by way of limitation, CSWC makes no representation or warranty that its information, advice, recommendations, findings, conclusions or work product will result in compliance with applicable law or provide a perfect result or that the System will perform in a perfect manner. Moreover, any and all implied representations or warranties arising out of the Work or the relationship between CSWC and the City are hereby expressly disclaimed and negated. IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. e. Exclusions. The warranties set forth in this Paragraph 28 shall not cover damage arising from: (i) Misuse or reckless disregard; (ii) Failure of the City to maintain the System and to comply with generally approved industry standards; (iii) Failure of the City to follow storage, maintenance and operation instructions; (iv) Normal wear and tear; (v) Acts of God, or conditions more severe or adverse than those ordinarily experienced by like facilities; or (vi) Defects in design, material or workmanship furnished by the City, its separate contractors, licensors, vendors, or other suppliers. 29. Safety Requirements a. Performance of the Work. CSWC and the City shall perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the City, the state of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees and subcontractors. The provisions in the Manual of Accident Prevention and Construction of the Associated General Contractors of America shall not constitute the safety City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 25 of 40 standard of care applicable on the Project. The safety precautions during the installation of the System are a part of the construction techniques and processes for which CSWC and the City shall each be responsible in connection with the performance of the obligations for which they are respectively responsible. CSWC assumes responsibility and liability and hereby agrees to indemnify City from any liability solely caused by CSWC's failure to comply with applicable federal, state, or local regulations, touching upon the maintenance of a safe and protected working environment, and the safe use and operation of machinery and equipment in that working environment. To the extent permitted by law, the City assumes responsibility and liability and hereby agrees to indemnify CSWC from any liability solely caused by the City's failure to comply with applicable federal, state, or local regulations, touching upon the maintenance of a safe and protected working environment, and the safe use and operation of machinery and equipment in that working environment. CSWC is solely responsible for handling and use of Hazardous Wastes associated with performance by CSWC of the Work and informing employees of any such Hazardous Wastes. CSWC shall provide copies of all Hazardous Wastes data sheets required by federal law in connection with performance by CSWC of the Work to the Georgetown Fire Department marked Attn: Fire Marshal. b. Protection of Subsurface Lines and Structures. It shall be CSWC's responsibility to prosecute the Work in such a way as to exercise due care to prevent damage to all underground pipelines, utility lines, conduits, or other ground structures which might or could be damaged by CSWC during performance of the Work. The City agrees that it will furnish CSWC with the location of all such underground facilities of which it has knowledge. In the event any underground lines or structures which have been located and accurately marked by the City or any third party are cut or damaged by CSWC during the prosecution of the Work, CSWC shall immediately arrange for their repair at CSWC's expense. CSWC shall not be responsible for the repair or cost of repair of any underground lines or structures which are cut or damaged by CSWC during the prosecution of the Work if such underground lines or structures have not been located or have been inaccurately marked by the City or any third party. C. Barricades and Safety Measures. CSWC and the City shall, with respect to the work performed under this Agreement by each of them, at its own expense, furnish, erect and maintain such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property, and the work under this Agreement as may be necessary in compliance with the Manual on Uniform Traffic Control Devices where applicable. 30. Performance and Payment Bonds CSWC shall execute performance and payment bonds for the full contract price, and in the form attached hereto. The bond surety shall be licensed to do business and maintain a business office in the state of Texas and shall have attached proof of authorization of the surety to act in the City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 26 of 40 ,} performance and payment of bonds. CSWC shall provide the executed bonds to City prior to its commencement of the Work under this Agreement said bond shall remain in effect for a period of one year after the completion of the Work hereunder. If at any time during the execution of this Agreement and the required period thereafter, the bond becomes invalid or ineffective for any reason, CSWC shall supply another bond within thirty (30) days of learning the original bond is defective, which replacement bond shall assure payment or performance, as applicable, as required under this Agreement. 31. Obligations, Warranties and Representations of the City a. Hazardous Wastes. Except as specifically provided otherwise in this Agreement, the City shall be responsible for identification, abatement, cleanup, control, removal, remediation and/or disposal of any Hazardous Wastes in or on the site(s) at which the System or any portion thereof is constructed and installed. b. Existing_ Equipment. The City shall maintain in good working condition at the City's expense the existing equipment at the site(s) at which the System or any portion thereof is constructed and installed. C. Communications with CSWC's Subcontractor's. The City shall communicate with CSWC and its subcontractors regarding the Work solely through CSWC's Superintendent and/or Representative. The City shall not communicate directly with any subcontractor, other employee, vendor or materialman of CSWC regarding the Work. d. Response to Request for Information. The City shall promptly respond to any requests by CSWC for information, decisions, or approval related to the performance of the Work to avoid delay in the orderly progress of the Work. e. Performance of the City's Obligations. The City shall perform its obligations set forth in Exhibit 1 and in this Agreement in a good and workmanlike manner promptly and in a timely manner so as not to delay or disrupt the orderly flow of CSWC's performance of the Work or CSWC's ability to perform the Work. f. The City Supplied Information. The City shall provide CSWC with such information as CSWC may reasonably request that the City has, or has access to, with respect to the Work. All information provided to CSWC by or on behalf of the City pursuant to or in furtherance of the Work provided pursuant to this Agreement shall be accurate, correct, complete, fit for its intended purpose and can be used without infringing any patent, copyright, trademark, or other intellectual property rights of third parties under the intellectual property rights of the world. It is the City's responsibility to disclose to CSWC the existence and nature of all information of which the City is, or reasonably should be, aware that may affect the Work being performed by CSWC. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 27 of 40 (i) To the extent allowed by law, the City shall bear and agrees to pay all costs, damages, losses and expenses (including, without limitation, attorney's fees and court costs) of every kind which CSWC may incur, be required to pay or be liable for as a result of, in connection with, arising out of or related to any such infringement, and to remedy such infringement by appropriate means, including, but not limited to obtaining for CSWC the right to continued use, reproduction, distribution, performance and display of the copyrighted, patented, trademark or otherwise infringed item. g. Site. The City represents that it owns or has sufficient rights for installation and construction of the System to the site(s) at which the System or any portion thereof will be installed and constructed, that it will provide CSWC adequate access to the site(s) at which the System or any portion thereof will be installed and constructed, and that there is no land use restriction or other limitation affecting the site(s) at which the System or any portion thereof will be installed and constructed which would impede the performance of the Work. 32. Limitation of Liability CSWC'S AGGREGATE LIABILITY TO THE CITY FOR ALL CLAIMS OF THE CITY ARISING FROM CSWC'S PERFORMANCE OF THE WORK, ACTIONS OR INACTIONS UNDER THIS AGREEMENT OR THE USE OF CSWC'S WORK PRODUCT, WHETHER ARISING UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF EVERY KIND AND STRICT LIABILITY, WITHOUT FAULT), OR PROPERTY, OR AT COMMON LAW OR IN EQUITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL COMPENSATION CSWC ACTUALLY RECEIVES FROM THE CITY FOR SUCH WORK PLUS AN AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000); OR (ii) THE AMOUNT OF MONEY IN FACT COLLECTED BY THE CITY FROM CSWC'S INSURANCE CARRIERS IN CONNECTION WITH SUCH PERFORMANCE OF THE WORK. 33. Termination a. Events of Termination. This Agreement may be terminated and abandoned: (i) upon the mutual written agreement of the City and CSWC; (ii) by either party, upon written notice to the other, in the event that an injunction or other final order or judgment is entered in any lawsuit or regulatory proceeding restraining either party's performance under this Agreement, declaring or otherwise rendering either party's performance unlawful or compelling removal, discontinuation or divesture of all or part of the System, and such injunction, order or judgment has not been vacated, reversed or stayed within 3 0 days from the date of entry thereof; or City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 28 of 40 (iii) by either party, in the event of substantial failure of the other party to perform in accordance with the terms hereof through no fault of the terminating party. CSWC shall be considered in default of its obligations under this Agreement only if CSWC: (a) performs Work which materially fails to conform to the requirements of this Agreement and, after notice of such failure, does not commence and diligently pursue a cure of such failure; or (b) abandons or refuses to proceed with any or all of the Work, including changed or extra work for which there is an agreement to proceed, unless such abandonment or refusal is authorized by the provisions of this Agreement. Upon the occurrence of default, the non -defaulting party shall notify the defaulting party, in writing, of the specific nature of the default and of its intention to terminate this Agreement for default. If the defaulting party, within fifteen (15) Calendar Days from receipt of such notification, (i) commences and diligently pursues cure of such default provided it is capable of cure within a reasonable period, or (ii) provides reasonable evidence that such default does not, in fact, exist, the defaulting party shall not be considered to be in default. If the defaulting party does not commence and diligently pursue cure of such default within fifteen (15) Calendar Days from receipt of such notification, or if within fifteen (15) Calendar Days from receipt of such notification the defaulting party fails to provide reasonable evidence that such default does not, in fact, exist, the non -defaulting party may, upon a within fifteen (15) Calendar Days written notice to the defaulting party terminate, in whole or in part, this Agreement. b. Right of the City to Complete Work. If the City terminates this Agreement pursuant to Paragraph 33(a)(iii), the'City may complete the Work or have it completed by others and shall pay CSWC for all Work performed in accordance with this Agreement at the time of termination. C. Payment of Termination Costs. If the City terminates this Agreement pursuant to Paragraph 33(a)(i) or (ii), within thirty (30) days after the effective date of such .termination the City shall pay a termination charge to CSWC consisting of that portion of the System Installation Cost representing Work performed and Equipment ordered or procured prior to the effective date of termination, plus CSWC's reasonable termination charges, including, but not limited to, Work in progress, restocking charges, cancellation charges, de -mobilization charges, etc. CSWC shall take all reasonable actions to minimize cancellation costs and termination charges and document said charges. Title and ownership of all Work and Equipment paid for by the City pursuant to this Paragraph 33(c) shall be governed by Paragraph 24. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 29 of 40 d. Right of City to Refund. If the City terminates this Agreement for failure of the Work to comply with the tests set forth in Section 5.0 of Exhibit 1, then (i) CSWC shall refund to the City the payments made by the City to CSWC, less the agreed upon value by the parties of any residual value to the City of the Work performed by CSWC, and (ii) the City shall return to CSWC all Equipment installed and all information, software and materials provided by CSWC up to the time of termination. e. Notice. The power of termination provided for in this Paragraph 33 may be exercised only by written notice signed by the party exercising such power forwarded to the other party in accordance with the terms of Paragraph 48. f. Effect of Termination. Upon the occurrence of an event of termination set forth in Paragraph 33(a), this Agreement shall be terminated and, except as set forth below, neither party nor any of its directors, officers, stockholders, affiliates, general partners, limited partners or employees shall have any continuing obligations to the other party or its directors, officers, stockholders, affiliates, general partners, limited partners or employees under this Agreement. 34. Audit Rights The City shall have the right during the term of this Agreement, during CSWC's normal business hours, upon ten (10) days prior written notice, at CSWC's office location, and at the City's expense, to audit the billing records of CSWC relating to the Work performed by CSWC. 35. CSWC's Right to Subcontract CSWC may, upon notice to the City, subcontract any portion of the Work to any subcontractor; provided, however, that CSWC may not subcontract the project management portion of the Work and that CSWC shall not subcontract with a subcontractor to which the City objects on the basis of the subcontractor's past performance or confidentiality concerns. 36. Use of Information a. Use by CSWC. CSWC shall not use any information of the City that CSWC acquires by virtue of its activities hereunder for any purpose unrelated to this Agreement, including, but not limited to, assisting any third party (including, without limitation, Central and South West Corporation) in conducting an acquisition of any of the City's utilities. CSWC shall not disclose to any third party any confidential information of the City received under this Agreement, except to the extent necessary to perform CSWC's obligations and exercise its rights under this Agreement. CSWC shall not use any confidential information of the City that it acquires as a result of its access to the City's utility system for any purpose other that those specifically delineated in this Agreement. b. Use by the City. The City shall not, without the prior written consent of CSWC, disclose to third parties or use any confidential information of CSWC that the City acquires by virtue of its activities under this Agreement for any purpose, except to the extent City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 30 of 40 0 4- 1 necessary to perform its obligations or exercise its rights under this Agreement or operate the System. The City agrees that all source code and other documentation and information related to CSWC's software provided to the City under this Agreement is confidential information of CSWC. Notwithstanding the foregoing, the City may use the utility data that it gathers from its use of the System for any other proper purpose relating to the administration of the City's municipal affairs, including the creation of utility system models, government information systems and management information systems. C. Exceptions. Information shall not be considered confidential information under this Paragraph 36 if such information: (i) at the time of disclosure or thereafter becomes a part of the public domain through no wrongful act or omission or noncompliance with this Paragraph 36 by the receiving party; (ii) is subsequently disclosed to the receiving party by a third party, and which the third party did not acquire under an obligation of confidentiality; (iii) was in the possession of the receiving party prior to entering into this Agreement and which was not previously disclosed to the receiving party as confidential information of the disclosing party; or (iv) is independently developed by the receiving party. d. Disclosure Required by Law. (i) Notwithstanding the prohibition against disclosure and use set forth in Paragraph 36(b), the City shall not be precluded from disclosing confidential information of CSWC when required to do so by the State and Federal Public Information Acts. CSWC recognizes that the City is subject to both the State and Federal Public Information Acts (formerly the Open Records Act). In the event of a request being filed with the City requesting release of information that CSWC believes to be confidential under the exceptions to either the State or Federal Public Information Acts, it is the responsibility of CSWC to provide detailed information to the City explaining why CSWC believes this information to be confidential. CSWC acknowledges that the final decision with regard to confidentiality of this information does not rest with the City, but with the appropriate State or Federal agency that administers the respective Public Information Act. The City will notify CSWC of any request for CSWC confidential information as soon as possible and prior to disclosing such confidential information. (ii) Notwithstanding the prohibition against disclosure and use set forth in Paragraphs 36(a) and (b), the party receiving confidential information of the other party pursuant to Paragraphs 36(a) or (b) shall not be precluded from disclosing such information when required to do so by operation of law, including, but not limited to, pursuant to a subpoena or proper discovery request in a legal action; provided, however. that the receiving party shall inform the disclosing party as soon as possible and prior to disclosing such confidential information of the requirement that the receiving party disclose such confidential information. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 31 of 40 37. Indemnification a. TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO CLAIMS BY THIRD PARTIES, THE CITY SHALL INDEMNIFY AND SAVE HARMLESS AND DEFEND CSWC, AND ITS EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS AND AFFILIATES (THE "CSWC INDEMNIFIED PARTIES") FROM ANY AND ALL LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY OR ASSERTED AGAINST THE CSWC INDEMNIFIED PARTIES BY REASON OF INJURY OR DEATH OF ANY PERSON OR DAMAGE TO ANY REAL PROPERTY ARISING OUT OF: (i) ANY WORK ON THE SYSTEM BY OR AT THE DIRECTION OF THE CITY, OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY; (ii) ANY USE, NONUSE, POSSESSION, OCCUPATION, CONDITION, OPERATION, MAINTENANCE OR MANAGEMENT OF THE SYSTEM, OR ANY PORTION THEREOF, BY THE CITY OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY, OR FOR WHICH ANY OF THE CITY OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY IS RESPONSIBLE; (iii) ANY NEGLIGENT OR TORTIOUS ACT OF THE CITY OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS (OTHER THAN CSWC), LICENSEES OR INVITEES ARISING OUT OF THE CITY'S ACTIONS OR INACTIONS UNDER THIS AGREEMENT; OR (iv) ANY FAILURE BY THE CITY TO PERFORM ANY OF ITS MATERIAL OBLIGATIONS UNDER THIS AGREEMENT. b. WITH RESPECT TO CLAIMS BY THIRD PARTIES, CSWC SHALL INDEMNIFY AND SAVE HARMLESS AND DEFEND THE CITY AND ITS EMPLOYEES AND AGENTS (THE "CITY INDEMNIFIED PARTIES") FROM ANY AND ALL LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS AND EXPENSES, (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS), INCURRED BY OR ASSERTED AGAINST SUCH CITY INDEMNIFIED PARTIES BY REASON OF INJURY OR DEATH OF ANY PERSON OR DAMAGE TO ANY REAL PROPERTY ARISING OUT OF: (i) ANY WORK ON THE SYSTEM BY OR AT THE DIRECTION OF CSWC OR EMPLOYEES, AGENTS OR CONTRACTORS OF CSWC; City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 32 of 40 (ii) ANY USE, NONUSE, POSSESSION, OCCUPATION, CONDITION, OPERATION, MAINTENANCE OR MANAGEMENT OF ANY PORTION OF THE SYSTEM BY CSWC OR EMPLOYEES, AGENTS OR CONTRACTORS OF CSWC OR FOR WHICH ANY OF THEM IS RESPONSIBLE; (iii) ANY NEGLIGENT OR TORTIOUS ACT OF CSWC OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, LICENSEES OR INVITEES (OTHER THAN THE CITY AND ITS EMPLOYEES) ARISING OUT OF CSWC'S ACTIONS OR INACTIONS UNDER THIS AGREEMENT; OR (iv) ANY FAILURE BY CSWC TO PERFORM ANY OF ITS MATERIAL OBLIGATIONS UNDER THIS AGREEMENT. C. Notwithstanding any other provision of this Agreement, the obligations of the City under Paragraph 37(a) and of CSWC under Paragraph 37(b) shall survive the expiration or termination of this Agreement. NOTHING IN PARAGRAPH 37(a) OR PARAGRAPH 37(b) SHALL BE CONSTRUED TO REQUIRE CSWC TO INDEMNIFY ANY CITY INDEMNIFIED PARTY, OR THE CITY TO INDEMNIFY ANY CSWC INDEMNIFIED PARTY, FOR ANY LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS OR EXPENSES INCURRED BY OR ASSERTED AGAINST SUCH INDEMNIFIED PARTY BY REASON OF NEGLIGENCE OR OTHER TORTIOUS CONDUCT OR OTHER FAULT OF SUCH INDEMNIFIED PARTY OR FAILURE BY ANY SUCH INDEMNIFIED PARTY WHICH IS A PARTY TO THIS AGREEMENT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. FURTHERMORE, THE INDEMNIFYING PARTY'S OBLIGATION OF INDEMNIFICATION UNDER THIS PARAGRAPH 37 SHALL BE LIMITED TO THE PERCENTAGE OF THIRD PARTY CLAIMANT'S DAMAGES OR INJURIES ATTRIBUTABLE TO THE INDEMNIFYING PARTY'S ACTIONS OR INACTIONS ENCOMPASSED BY THE REASON(S) TRIGGERING THE INDEMNIFICATION OBLIGATION UNDER PARAGRAPH 37(a) IN THE CASE OF THE CITY, AND UNDER PARAGRAPH 37(b) IN THE CASE OF CSWC. d. Notification. It is a condition precedent to the indemnitor's contractual obligation of indemnification under this Agreement that the indemnitee shall provide written notice to the indemnitor of the third party claim, demand or cause of action within thirty (30) days after such third party claim, demand or cause of action is received in writing by the indemnitee. It is further a condition precedent to the indemnitor's contractual obligation of indemnification under this Agreement that the indemnitor shall thereafter have the right to participate in the investigation, defense and resolution of such third party claim. 38. Consequential Damages a. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CSWC BE RESPONSIBLE TO THE CITY OR ANY OTHER City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 33 of 40 f e1 41 PERSON, NOR SHALL THE CITY BE RESPONSIBLE TO CSWC OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY, BY INDEMNIFICATION OR OTHERWISE, FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, WHETHER ARISING UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF EVERY KIND AND STRICT LIABILITY, WITHOUT FAULT), OR PROPERTY, OR AT COMMON LAW OR IN EQUITY, OR OTHERWISE, RESULTING FROM ANY BREACH OF THIS AGREEMENT, ANY ACTION OR INACTION UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, BREACH OF CONTRACT OR WARRANTY, OR VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR ANY INTERRUPTION, REDUCTION OR CESSATION IN THE USE OF THE SYSTEM AND WHETHER CAUSED BY UNAVAILABILITY OF THE EQUIPMENT, SHUT DOWNS OR SERVICE INTERRUPTIONS, OR OTHERWISE. b. During the term of this Agreement, neither party shall enter into any lease, sublease, license, contract, agreement, arrangement or understanding with any person relating to the use of the System or any portion thereof unless such lease, sublease, license, contract, agreement, arrangement or understanding shall provide that the other party hereto shall not be responsible, directly or indirectly, by indemnification or otherwise, to any such person for incidental or consequential damages, including loss of revenue or profits, whether arising under the law of contracts, torts (including, without limitation, negligence of every kind and strict liability, without fault), or property, or at common law or in equity, or otherwise, resulting from any breach thereof any action or inaction under this Agreement or otherwise, including, without limitation, negligence or other fault, strict liability without regard to fault, breach of contract or warranty, or violation of the Texas Deceptive Trade Practices Act, or any interruption, reduction or cessation in the use of the Network resulting therefrom and whether caused by unavailability of the equipment, shut downs or service interruptions, or otherwise. 39. Corporate Entity Liable a. The City will look only to CSWC's corporate entity for satisfaction of any claim, demand or cause of action for damages, injuries or losses sustained by the City as a result of CSWC's Work, services, actions or inactions under this Agreement, or use of CSWC's work product, including reports, plans, specifications, information, advice, recommendations, findings or conclusions. In no event will CSWC's directors, officers, employees, agents or affiliates be liable to the City for any liabilities, damages, expenses or losses of any nature whatsoever, whether direct or indirect, caused by or resulting from the Work, services, actions or inactions under this Agreement or use of CSWC's work product. This provision shall not preclude the City from seeking satisfaction for any such claims from any third party subcontractor, vendor or supplier of CSWC under this Agreement. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 34 of 40 b. CSWC will look only to the City municipal corporate entity for satisfaction of any claim, demand or cause of action for damages, injuries or losses sustained by CSWC as a result of the City's work, services, actions or inactions under this Agreement, or use of the City's work product, including reports, plans, specifications, information, advice, recommendations, findings or conclusions. In no event will the City's council members, governmental officers, employees, or agents be liable to CSWC for any liabilities, damages, expenses or losses of any nature whatsoever, whether direct or indirect, caused by or resulting from the City's work, services, actions or inactions under this Agreement or use of the City's work product. This provision shall not preclude CSWC from seeking satisfaction for any such claims from any third party subcontractor, vendor or supplier of the City under this Agreement. 40. No Third Party Beneficiaries The Work and services to be performed by CSWC under this Agreement are solely for the benefit of the City. It is the intention of CSWC and the City that there are no third party beneficiaries of this Agreement and this Agreement shall not be construed as creating any contractual relationship of any kind between CSWC and any third party. 41. Insurance Promptly after the execution of this Agreement, CSWC shall present to the City certificates of insurance, reasonably acceptable to the City, and the City shall present to CSWC documentation evidencing the following insurance coverage to be maintained by each party: a. worker's compensation insurance coverage complying with the law of the State of Texas and employers liability insurance with limits of not less than $500,000 per occurrence; b. comprehensive general liability insurance coverage, with broad form endorsement attached, for a combined bodily injury and property damage limit of not less than $131000,000 per occurrence, which coverage shall include blanket contractual, products and completed operations liability coverage; C. comprehensive automobile liability insurance coverage, with a combined bodily injury and property damage limit of not less than $1,000,000 per occurrence, which coverage shall include all owned, non -owned and hired vehicles; and d. umbrella liability insurance coverage applying in excess of the limits set forth in clauses (a) through (c) above, subject to a limit of not less than $1NOW All such coverage shall provide for not less than 30 days' prior written notice of cancellation or material change. Each party hereto shall maintain all such coverage in force at all times during the term of this Agreement. All such policies of insurance (other than policies with respect to the insurance coverage set forth in clause (a) above) of CSWC shall include the City as an additional insured with respect to the activities of the CSWC. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 35 of 40 1 !# 40 IV. MISCELLANEOUS PROVISIONS 42. Non -Assignment This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their successors, legal representatives and assigns. Except as otherwise specifically provided in this Agreement, this Agreement shall not be assignable by either the City or CSWC without the prior consent of the other party, which consent shall not be unreasonable withheld. 43. Force Majeure Neither the City nor CSWC shall be required to perform any term, condition or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, civil riots, floods and any other cause not reasonably within the control of the City or CSWC, except as herein provided, and which by the exercise of due diligence the City or CSWC is unable, wholly or in part, to prevent or overcome. 44. Governing Law This Agreement has been made under and it, its interpretation and any disputes relating to, arising out of or connected with this Agreement, shall be governed by the laws of the State of Texas, without regard to its conflicts of law provisions. The parties agree that this Agreement is performable in Williamson County. 45. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 46. Taxes and Fees CSWC shall not include federal taxes or State of Texas limited sales and use or excise taxes in their invoices or vouchers and statements of costs. The City is exempt from payment of such taxes and an exemption certification will be furnished to CSWC if requested. 47. Remedies Prior to initiating litigation, the City and CSWC agree to enter into non -binding mediation, in an attempt to amicably resolve any differences that may arise during the course of this Agreement. After the completion of mediation, the City and CSWC may choose to utilize any other legal dispute resolution process as they deem appropriate. The City and CSWC may sue from time to time to recover any amounts due or enforce any right under this Agreement, and no suit or recovery shall bar any subsequent action brought for any amount not theretofore reduced to judgment in favor of the City or CSWC, as the case may be. Except as specifically provided otherwise in this Agreement, all remedies provided in this Agreement shall be cumulative and not exclusive and are in addition to any remedies available at City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 36 of 40 1 (j i law or in equity. All remedies may be exercised and enforced concurrently or sequentially as often as occasion therefor may arise. 48. Notices Any written notice, demand or request required or authorized by this Agreement shall be deemed properly given if delivered by certified mail, return receipt requested, or by hand or overnight courier, with delivery acknowledged, as follows: City of Georgetown: City of Georgetown P. O. Box 409 Georgetown, TX 78627 Attn: City Manager FAX (512) 930-3659 CSW Communications, Inc.: CSW Communications, Inc. 40132 Industrial Oak Cir., Suite B Georgetown, Texas 78626 Attn: Mr. William E. Morrow, Managing Director FAX (512) 863-2044 AND CSW Communications, Inc. 1705 South Capital of Texas Hwy, Suite 400 Austin, Texas 78746 Attn: Mr. William E. Morrow, Managing Director FAX (512) 306-5881 Emergency notices of impairments in service may be given by telephone by CSWC to the person designated by the City, and by the City to the person designated by CSWC. All such telephone notices shall be confirmed in writing. The designation of the person to be notified, or the address or telephone number of such person, may be changed from time to time by giving notice in accordance with this Paragraph. 49. Waiver No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 50. Authority The City represents and warrants that it has the authority and has taken all actions necessary to execute and deliver, and perform its obligations under, this Agreement. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 37 of 40 51. Competitive Bidding The City represents and warrants that it has complied with all competitive bidding laws of the State of Texas in connection with this Agreement. 52. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the installation of the System, and cancels and supersedes all prior agreements, proposals, negotiations, representations, discussions and correspondence, either written or oral, with respect to the matter hereof. 53. Amendment This Agreement may only be amended in writing and approved and executed by both parties. No alterations, changes or amendments to the Agreement shall be effective unless in writing and signed by both parties hereto. 54. Multiple Originals This Agreement may be executed in one or more originals, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 55. Captions The paragraph headings contained herein are for convenience only and are not intended to define or limit the scope of any provisions of this Agreement. 56. Signature Warranty Clause The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and CSWC, respectively. 57. Survival The following Paragraphs shall survive termination of this Agreement: 11 (Total Project Charges); 12 (Payment); 15 (Royalties and Patents); 28 (Warranty); 31 (Obligations, Warranties and Representations of the City); 32 (Limitation of Liability); 34 (Audit Rights); 36 (Use of Information); 37 (Indemnification); 38(a) (Consequential Losses); 39 (Corporate Entity Liability); 44 (Governing Law); 45 (Legal Construction); 47 (Remedies); 49 (Waiver); 50 (Authority); and 51 (Competitive Bidding). City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 38 of 40 IN WITNESS WHEREOF, the Parties have executed this Agreement this day of August, 1996. THE CITY OF GEORGETOWN I0 Leo Wood, Mayor ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney STATE OF TEXAS ) COUNTY OF WILLIAMSON ) CSW COMMUNICATIONS, INC. William E. Morrow, Managing Director CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 1996, by Leo Wood, a person known to me, in his capacity as Mayor of the City of Georgetown, on behalf of said municipality. Notary Public in and for the State of TEXAS City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement CSWC Page 39 of 40 ! r M STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF TRAVIS This instrument was acknowledged before me on this day of , 1996, by William E. Morrow, a person known to me, in his capacity as Managing Director of CSW Communications, Inc., a Delaware Corporation authorized to do business in Texas, on behalf of said corporation. Notary Public in and for the State of TEXAS VEHOUO3:48462.1 August 7, 1996 City CSWC CSWC SOFTWARE SUPPORT AND MAINTENANCE OF THE CITY'S INTERACTIVE UTILITY MANAGEMENT SYSTEM, FIXED WIRELESS NETWORK AND SCADA SYSTEM by and between CSW COMMUNICATIONS, INC. and THE CITY OF GEORGETOWN, TEXAS TABLE OF CONTENTS I. PREAMBLE...........................................................I II. DEFINITIONS..........................................................3 III. OBLIGATIONS OF THE PARTIES ......................................... 5 1. Purpose of Agreement .............................................. 5 2. Term of Agreement ................................................ 5 3. Renewal of Agreement .............................................. 5 4. Software Modification .............................................. 5 5. Source Code......................................................6 6. Software Training ................................................. 6 7. Equipment Maintenance ............................................ 7 9. Purchase of Additional Equipment .................................... 8 10. CSWC Trademarks................................................8 11. Service Representative .............................................. 9 12. Owner's Representative ............................................. 9 13. Independent Contractor ............................................. 9 14. CSWC's Understanding and Duty .................. 10 15. Supervision of CSWC Employees .................................... 10 16. Identification....................................................10 17. Record Keeping..................................................10 18. Inspections......................................................11 19. Hours of Work ................................................... 11 20. Materials and Supplies Utilized ...................................... 11 21. Charges........................................................11 22. Payment........................................................11 23. Warranty.......................................................12 a. Warranty of Workmanship .................................... 12 b. General Warranty of System Products and Equipment ............... 13 C. Limitations................................................13 d. Exclusions................................................13 24. Obligations, Warranties and Representations of the City .................. 14 a. Hazardous Wastes .......................................... 14 b. Existing Equipment ......................................... 14 C. Communications with CSWC's Subcontractor's ................... 14 d. Response to Request for Information ........................... 14 e. City Supplied Information .................................... 14 f. Site......................................................15 25. Limitation of Liability ............................................. 15 26. Termination .....................................................15 City of Georgetown, Texas/CSW Communications Agreement City System Support, Operations and Maintenance Agreement CSWC Page i of ii 11 'o -- CSWC shall, within fifteen (15) Calendar Days of receipt of the request for services from the City respond in writing to the City by either: a. refusing to undertake the training services; or a. Events of Termination ....................................... 15 b. Payment of Termination Costs ................................. 16 C. Notice....................................................16 d. Effect of Termination ........................................ 16 27. Audit Rights.....................................................16 28. CSWC's Right to Subcontract ....................................... 17 29. Use of Information ................................................ 17 30. Indemnification..................................................18 31. Consequential Damages ............................................ 20 32. Corporate Entity Liable ............................................ 21 33. No Third Party Beneficiaries ........................................ 21 34. Permits, Fees, and Notices .......................................... 21 35. Insurance.......................................................22 IV. MISCELLANEOUS PROVISIONS ........................................ 22 36. Non-Assignment.................................................22 37. Force Majeure...................................................23 38. Governing Law..................................................23 39. Legal Construction ................................................ 23 40. Taxes and Fees...................................................23 41. Right of Assurance ................................................ 23 42. Remedies.......................................................23 43. Notices.........................................................24 44. Waiver.........................................................24 45. Authority.......................................................24 46. Competitive Bidding .............................................. 24 47. Entire Agreement ................................................. 24 48. Amendment.....................................................25 49. Multiple Originals ................................................ 25 50. Captions........................................................25 51. Signature Warranty Clause ......................................... 25 52. Survival........................................................25 EXHIBIT 1 — TRADEMARKS City of Georgetown, Texas/CSW Comn System Support, Operations and Mainte Page ii of ii I J, a. Events of Termination ....................................... 15 b. Payment of Termination Costs ................................. 16 C. Notice....................................................16 d. Effect of Termination ........................................ 16 27. Audit Rights.....................................................16 28. CSWC's Right to Subcontract ....................................... 17 29. Use of Information ................................................ 17 30. Indemnification.................................................. 18 31. Consequential Damages ............................................ 20 32. Corporate Entity Liable ............................................ 21 33. No Third Party Beneficiaries ........................................ 21 34. Permits, Fees, and Notices .......................................... 21 35. Insurance.......................................................22 IV. MISCELLANEOUS PROVISIONS 22 36. ........................................ Non-Assignment .................................................22 37. Force Majeure...................................................23 38. Governing Law..................................................23 39. Legal Construction ................................................ 23 40. Taxes and Fees...................................................23 41. Right of Assurance 42. ................................................ Remedies 23 .......................................................23 43. Notices.........................................................24 44. Waiver.........................................................24 45. Authority........................................................24 46. Competitive Bidding .............................................. 24 47. Entire Agreement 48. ................................................. Amendment 24 .....................................................25 49. Multiple Originals ................................................ 25 50. Captions........................................................25 51. Signature Warranty Clause ......................................... 25 52. Survival ........................................................25 EXHIBIT 1 — TRADEMARKS City of Georgetown, Texas/CSW Communications Agreement System Support, Operations and Maintenance Agreement Page ii of ii City CSWC b. the projected dates of commencement and completion of the Maintenance Services; C. the facility and/or location(s) at which the Maintenance Services shall be performed; d. the identity of the City's personnel responsible for daily communications and inquiries pertaining to the Maintenance Services; and e. any additional, modified, or special terms and conditions. CSWC shall, within fifteen (15) Calendar Days of receipt of the request for services from the Citv CSWC SOFTWARE SUPPORT AND MAINTENANCE OF THE CITY'S INTERACTIVE UTILITY MANAGEMENT SYSTEM, FIXED WIRELESS NETWORK AND SCADA SYSTEM This CSWC Software Support and Maintenance of the City's Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement ("Agreement") is entered into by and between the City of Georgetown, Texas (the "City") and CSW Communications, Inc. ("CSWC"). I. PREAMBLE WHEREAS, the City desires to provide increased choice and control regarding utility usage and rates to its customers; WHEREAS, the City desires to increase its quality of service by providing more timely response related to billing inquiries, connects and disconnects, and outage detection; WHEREAS, the City desires to upgrade its utility meter reading system by installing a two- way, digital communications system, in order to allow for effective management of utility costs and allow for the implementation of time of use utility rates; WHEREAS, the City further desires to operate its electric distribution system in a more efficient manner through improved load factor, tamper detection, and control of personnel costs, thereby reducing the cost of purchased wholesale electric power; WHEREAS, the City desires to position its electric utility to be competitive in a deregulated electric environment through provision of competitive rates and high quality customer service; WHEREAS, the City further desires to operate its water distribution system in a more efficient manner to promote water conservation, reduce personnel costs, and defer the expansion of existing water treatment plants; WHEREAS, CSWC has represented to the City that CSWC has successfully designed, installed and currently operates a 750 MHz frequency fiber/coaxial based Customer Choice & ControlTM management system which performs the general functions described in the City's Request for Proposal for a customer controlled load management system dated May 25, 1995; WHEREAS, the City Council has determined that the proposal submitted by CSWC for a fixed wireless network, interactive utility management system, and SCADA system most closely matches the needs of the City for a high technology utility management system; City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 1 of 26 4 `0 CSWC SOFTWARE SUPPORT AND MAINTENANCE OF THE CITY'S INTERACTIVE UTILITY MANAGEMENT SYSTEM, FIXED WIRELESS NETWORK AND SCADA SYSTEM This CSWC Software Support and Maintenance of the City's Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement ("Agreement") is entered into by and between the City of Georgetown, Texas (the "City") and CSW Communications, Inc. ("CSWC"). I. PREAMBLE WHEREAS, the City desires to provide increased choice and control regarding utility usage and rates to its customers; WHEREAS, the City desires to increase its quality of service by providing more timely response related to billing inquiries, connects and disconnects, and outage detection; WHEREAS, the City desires to upgrade its utility meter reading system by installing a two- way, digital communications system, in order to allow for effective management of utility costs and allow for the implementation of time of use utility rates; WHEREAS, the City further desires to operate its electric distribution system in a more efficient manner through improved load factor, tamper detection, and control of personnel costs, thereby reducing the cost of purchased wholesale electric power; WHEREAS, the City desires to position its electric utility to be competitive in a deregulated electric environment through provision of competitive rates and high quality customer service; WHEREAS, the City further desires to operate its water distribution system in a more efficient manner to promote water conservation, reduce personnel costs, and defer the expansion of existing water treatment plants; WHEREAS, CSWC has represented to the City that CSWC has successfully designed, installed and currently operates a 750 MHz frequency fiber/coaxial based Customer Choice & ControlTM management system which performs the general functions described in the City's Request for Proposal for a customer controlled load management system dated May 25, 1995; WHEREAS, the City Council has determined that the proposal submitted by CSWC for a fixed wireless network, interactive utility management system, and SCADA system most closely matches the needs of the City for a high technology utility management system; City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 1 of 26 WHEREAS, the City is concurrently entering into a Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement with CSWC to construct the interactive utility management system, fixed wireless network and SCADA system; WHEREAS, the City further desires that the fixed wireless network, interactive utility management system, and SCADA system be capable of supporting the expansion of the fixed wireless network, interactive utility management system, and SCADA system through fixed wire or broadband technology/equipment to allow other city divisions and departments to access the fixed wireless network, interactive utility management system, and SCADA system for the purpose of downloading information; WHEREAS, the City Council has further determined that the implementation of the fixed wireless network, interactive utility management system, and SCADA system will further economic development within the City by allowing the City to maintain lower electric utility rates by reducing its purchased wholesale electric power costs; WHEREAS, the City has determined that the fixed wireless network, interactive utility management system, and SCADA system will need to be maintained; WHEREAS, the City Council has determined that this Agreement implements the following policies of the Century Plan - Policy Plan Element: Finance Policy 1: "The City will conduct all municipal operations in an efficient business- like manner." Facilities and Services Policy 1: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community." Finance Policy 2, End C: "The City should strive to keep utility rates competitive with surrounding Communities so that they do not become an impediment to development." Utilities/Energy Policy 5: "The City's water, wastewater, electricity. and solid waste collection services meet the immediate and future needs of all citizens and encourage and provide for economic development." WHEREAS, the City Council has further determined that this Agreement is not in conflict with any other Century Plan policies; NOW THEREFORE, premises considered, the parties hereby agree as follows: City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 2 of 26 WHEREAS, the City is concurrently entering into a Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement with CSWC to construct the interactive utility management system, fixed wireless network and SCADA system; WHEREAS, the City further desires that the fixed wireless network, interactive utility management system, and SCADA system be capable of supporting the expansion of the fixed wireless network, interactive utility management system, and SCADA system through fixed wire or broadband technology/equipment to allow other city divisions and departments to access the fixed wireless network, interactive utility management system, and SCADA system for the purpose of downloading information; WHEREAS, the City Council has further determined that the implementation of the fixed wireless network, interactive utility management system, and SCADA system will further economic development within the City by allowing the City to maintain lower electric utility rates by reducing its purchased wholesale electric power costs; WHEREAS, the City has determined that the fixed wireless network, interactive utility management system, and SCADA system will need to be maintained; WHEREAS, the City Council has determined that this Agreement implements the following policies of the Century Plan - Policy Plan Element: Finance Policy 1: "The City will conduct all municipal operations in an efficient business- like manner." Facilities and Services Policy 1: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community." Finance Policy 2, End C: "The City should strive to keep utility rates competitive with surrounding Communities so that they do not become an impediment to development." Utilities/Energy Policy 5: "The City's water, wastewater, electricity. and solid waste collection services meet the immediate and future needs of all citizens and encourage and provide for economic development." WHEREAS, the City Council has further determined that this Agreement is not in conflict with any other Century Plan policies; NOW THEREFORE, premises considered, the parties hereby agree as follows: City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 2 of 26 -4 .,p WHEREAS, the City is concurrently entering into a Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement with CSWC to construct the interactive utility management system, fixed wireless network and SCADA system; WHEREAS, the City further desires that the fixed wireless network, interactive utility management system, and SCADA system be capable of supporting the expansion of the fixed wireless network, interactive utility management system, and SCADA system through fixed wire or broadband technology/equipment to allow other city divisions and departments to access the fixed wireless network, interactive utility management system, and SCADA system for the purpose of downloading information; WHEREAS, the City Council has further determined that the implementation of the fixed wireless network, interactive utility management system, and SCADA system will further economic development within the City by allowing the City to maintain lower electric utility rates by reducing its purchased wholesale electric power costs; WHEREAS, the City has determined that the fixed wireless network, interactive utility management system, and SCADA system will need to be maintained; WHEREAS, the City Council has determined that this Agreement implements the following policies of the Century Plan - Policy Plan Element: Finance Policy 1: "The City will conduct all municipal operations in an efficient business- like manner." Facilities and Services Policy 1: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community." Finance Policy 2, End C: "The City should strive to keep utility rates competitive with surrounding Communities so that they do not become an impediment to development." Utilities/Energy Policy 5: "The City's water, wastewater, electricity. and solid waste collection services meet the immediate and future needs of all citizens and encourage and provide for economic development." WHEREAS, the City Council has further determined that this Agreement is not in conflict with any other Century Plan policies; NOW THEREFORE, premises considered, the parties hereby agree as follows: City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 2 of 26 City CSWC II. DEFINITIONS Calendar Day. "Calendar Day" shall mean any day of the week or month, no days being excepted. Cam. "The City" or "City" means the City of Georgetown, Texas. City Representative. "City Representative" shall have the meaning set forth in Paragraph 12. CSWC. "CSWC" means CSW Communications, Inc. CSWC Representative. "CSWC Representative" shall have the meaning set forth in Paragraph 11. CSWC Software Support Services. "CSWC Software Support Services" shall have the meaning set forth in Paragraph 8. CSWC Superintendent. "CSWC Superintendent" shall have the meaning set forth in Paragraph 14. CSWC Supervisor. "CSWC Supervisor" shall have the meaning set forth in Paragraph 15. _Effective Date. "Effective Date" is the first date on which this Agreement is executed an delivered by both CSWC and the City. Environmental Laws. "Environmental Laws" means any applicable federal, state or local statute, law, rule, regulation, ordinance, code or rule of common law now in effect (including any amendments now in effect) and any current judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree, or judgment, relating to t he environment, Hazardous Wastes or exposure to Hazardous Wastes, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ p The Resource 9601, et seq.; The Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et se Water Pollution Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq., the Fed Control Act, 33 U.S.C. §§ 1201, et seq.; The Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq.; the Clean air Act, 42 U.S.C. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 3808, et seq. Equipment. "Equipment" means any component, part and/or material, other than any software, which will become a permanent part of the System and which is supplied by CSWC as part of the services under this Agreement. Fixed Wireless Network or Network. "Fixed Wireless Network" or "Network" shall have _ the same meaning as in the Installation Agreement. city City of Georgetown, Texas/CSW Communications CSWC System Support, Operations and Maintenance Agreement Page 3 of 26 System. tem. "System" shall mean the combination of the Fixed Wireless Network, the Utility Management System, and SCADA, as defined in detail in the Installation Agreement. - _ Governmental Authority. "Governmental Authority" means any court, tribunal, authority, agency, commission, official or other instrumentality of the United States, any domestic state, county, city or other political subdivision. Hazardous Wastes. "Hazardous Wastes" means (i) any hazardous materials, hazardous wastes, hazardous substances, and toxic substances as those or similar terms are defined under any Environmental Laws; (ii) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite and/or actinolite, whether friable or non -friable; (iii) any polychlorinated biphenyls ("PCBs"), or PCB -containing materials, or fluids; (iv) radon; (v) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (vi) any pollutant or contaminant (including petroleum, petroleum hydrocarbons, petroleum products, crude oil and any factions thereof, any oil or gas exploration or production waste, and natural gas, synthetic gas and any mixtures thereof) that in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (vii) any substance that, whether by its nature or its use, is subject to regulation under any Environmental Law or with respect to which any Environmental Law or Governmental Authority requires environmental investigation, monitoring or remediation; and (viii) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Waster Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance. Installation Agreement. "Installation Agreement" shall mean the Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement entered into by and between the City and CSWC concurrently with this Agreement. Maintenance Services. "Maintenance Services" shall have the meaning set forth in Paragraph 7. Parties. The parties in this Agreement are the City and CSWC. Project. "Project" shall mean the installation of the System pursuant to this Agreement. SCADA. "SCADA" shall have the same meaning as in the Installation Agreement. Software Modification Services. "Software Modification Services" shall have the meaning set forth in Paragraph 4. Standard of Care. "Standard of Care" shall have the meaning set forth in Paragraph 14. Subcontractor. "Subcontractor" shall mean only those having a direct contract with CSWC for performance of the services under this Agreement. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 4 of 26 Governmental Authority. "Governmental Authority" means any court, tribunal, authority, agency, commission, official or other instrumentality of the United States, any domestic state, county, city or other political subdivision. Hazardous Wastes. "Hazardous Wastes" means (i) any hazardous materials, hazardous wastes, hazardous substances, and toxic substances as those or similar terms are defined under any Environmental Laws; (ii) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite and/or actinolite, whether friable or non -friable; (iii) any polychlorinated biphenyls ("PCBs"), or PCB -containing materials, or fluids; (iv) radon; (v) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (vi) any pollutant or contaminant (including petroleum, petroleum hydrocarbons, petroleum products, crude oil and any factions thereof, any oil or gas exploration or production waste, and natural gas, synthetic gas and any mixtures thereof) that in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (vii) any substance that, whether by its nature or its use, is subject to regulation under any Environmental Law or with respect to which any Environmental Law or Governmental Authority requires environmental investigation, monitoring or remediation; and (viii) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(l) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Waster Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance. Installation Agreement. "Installation Agreement" shall mean the Sale, Purchase and Installation of Interactive Utility Management System, Fixed Wireless Network and SCADA System Agreement entered into by and between the City and CSWC concurrently with this Agreement. Maintenance Services. "Maintenance Services" shall have the meaning set forth in Paragraph 7. Parties. The parties in this Agreement are the City and CSWC. Prot. "Project" shall mean the installation of the System pursuant to this Agreement. SCADA. "SCADA" shall have the same meaning as in the Installation Agreement. Software Modification Services. "Software Modification Services" shall have the meaning set forth in Paragraph 4. Standard of Care. "Standard of Care" shall have the meaning set forth in Paragraph 14. Subcontractor. "Subcontractor" shall mean only those having a direct contract with CSWC for performance of the services under this Agreement. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 4 of 26 1' II. DEFINITIONS Calendar DU. "Calendar Day" shall mean any day of the week or month, no days being excepted. City. "The City" or "City" means the City of Georgetown, Texas. City Representative. "City Representative" shall have the meaning set forth in Paragraph 12. CSWC. "CSWC' means CSW Communications, Inc. CSWC Representative. "CSWC Representative" shall have the meaning set forth in Paragraph 11. CSWC Software Support Services. "CSWC Software Support Services" shall have the meaning set forth in Paragraph 8. CSWC Superintendent. "CSWC Superintendent" shall have the meaning set forth in Paragraph 14. CSWC Supervisor. "CSWC Supervisor" shall have the meaning set forth in Paragraph 15. Effective Date. "Effective Date" is the first date on which this Agreement is executed and delivered by both CSWC and the City. Environmental Laws. "Environmental Laws" means any applicable federal, state or local statute, law, rule, regulation, ordinance, code or rule of common law now in effect (including any amendments now in effect) and any current judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree, or judgment, relating to the environment, Hazardous Wastes or exposure to Hazardous Wastes, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq.; The Hazardous Materials Transportation Act, 49 U. S. C. § § 1801, et seq.; The Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§ 1201, et seq.; The Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq.; the Clean air Act, 42 U.S.C. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 3808, et seq. Equipment. "Equipment" means any component, part and/or material, other than any software, which will become a permanent part of the System and which is supplied by CSWC as part of the services under this Agreement. Fixed Wireless Network or Network. "Fixed Wireless Network" or "Network" shall have the same meaning as in the Installation Agreement. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 3 of 26 I -J. System. "System" shall mean the combination of the Fixed Wireless Network, the Utility Management System, and SCADA, as defined in detail in the Installation Agreement. Term. "Term" shall have the meaning set forth in Paragraph 2. Utility Management System. "Utility Management System" shall have the same meaning as in the Installation Agreement. III. OBLIGATIONS OF THE PARTIES 1. Purpose of Agreement This Agreement concerns the software support, operations and maintenance of the System. 2. Term of Agreement This Agreement shall be effective upon the Effective Date and shall be for a term of three (3) years thereafter ("Term"), unless previously terminated in accordance with Paragraph 26. The City shall have the option to extend this Agreement for successive two year terms in accordance with the terms of this Agreement. 3. Renewal of Agreement This Agreement will automatically terminate at the end of the Term unless at least ninety (90) days before the end of the Term the City gives CSWC written notice of its intention to renew this Agreement for an additional two year period. CSWC shall, within thirty (30) days of receipt of the City's notice of intention to renew, respond in writing to the City with a Renewal Letter setting forth any changes to the payment provisions set forth in this Agreement, the Renewal Term and any other provisions or terms of the renewal. If the City is agreeable to the Renewal Letter, the City shall execute the Renewal Letter and return it to CSWC at least thirty (30) days prior to the end of the Term. CSWC shall not be obligated to perform any services under this Agreement for any Renewal Term until such time as the City has complied with Paragraph 22 and this Paragraph 3. The City may renew this Agreement pursuant to this Paragraph 3 up to ten (10) times. The obligations, covenants, representations, warranties and other terms and provisions of this Agreement shall continue and apply to any renewal of this Agreement, with any modifications agreed to by the parties in the applicable Renewal Letter. 4. Software Modification CSWC agrees to provide the City with software modification services (the "Software Modification Services") in connection with CSWC Utility Management Basic Billing System Software provided to the City under the Installation Agreement. Software Modification Services will be provided by CSWC for the hourly rates listed in Paragraph 7 and as agreed to by the parties pursuant to the procedures set forth in this Paragraph 4. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 5 of 26 1 -0 Upon the City's determination that it desires to have CSWC provide Software Modification Services under this Agreement, the City shall propose to CSWC a request for services describing at least: a. a description of the Software Modification Services to be provided by CSWC; b. the projected dates of the Software Modification Services; C. the facility and/or location(s) at which the Software Modification Services shall be provided; d. the identity of the City's personnel responsible for daily communications and inquiries pertaining to the Software Modification Services; and e. any additional, modified, or special terms and conditions. CSWC shall, within fifteen (15) Calendar Days of receipt of the request for services from the City respond in writing to the City by either: a. refusing to undertake the Software Modification Services; or b. set forth the conditions under which CSWC is willing to provide the Software Modification Services. Once CSWC and the City agree on the terms of a request for services they shall both sign the request for services and CSWC shall provide the Software Modification Services pursuant to the executed request for services. 5. Source Code CSWC will provide the source code for all software modifications made to CSWC Utility Management Basic Billing System Software by CSWC pursuant o Paragraph 4 to the City. With respect to such modifications created by CSWC and provided by CSWC to the City hereunder, CSWC hereby grants the City a non-exclusive, royalty free license to use and maintain, by itself, through CSWC or through third parties, such software internally in connection with the City's operations. Although the City may alter the source code, the City acknowledges and agrees that the source code remains the exclusive property of CSWC. 6. Software Training Software training, in addition to that provided to the City under the Installation Agreement, may be provided by CSWC to City personnel upon the request of the City and the agreement of CSWC. Training will be billed on a time and material basis on the basis of the fees schedule set forth in Paragraph 7. Upon the City's determination that it desires to have CSWC provide software training under this Agreement, the City shall propose to CSWC a request for services describing at least: a. a description of the training services to be provided by CSWC; b. the projected dates of the training services; C. the facility and/or location(s) at which the training services shall be provided; d. the identity of the City's personnel responsible for daily communications and inquiries pertaining to the training services; and e. any additional, modified, or special terms and conditions. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 6 of 26 �r CSWC shall, within fifteen (15) Calendar Days of receipt of the request for services from the City respond in writing to the City by either: a. refusing to undertake the training services; or b. set forth the conditions under which CSWC is willing to provide the training services. Once CSWC and the City agree on the terms of a request for services they shall both sign the request for services and CSWC shall provide the training services pursuant to the executed request for services. 7. Equipment Maintenance Upon the request of the City and the agreement of CSWC, CSWC may provide services related to the maintenance of the Fixed Wireless System equipment ("Maintenance Services") on a time and materials basis for the hourly rates set forth herein. CSWC Maintenance Services do not include work which is included in the CSWC warranty obligations under the Installation Agreement and may include: a. engineering, programming, construction, installation, testing, removal, repair, troubleshooting and other associated work by CSWC in connection with the Network, GIHP (exclusive of new ERT installation) and CSWC software; and b. provision to the City of maintenance releases of firmware for the NCNB and CCUs initiated by the vendors to address any performance improvements or problem fixes to the Fixed Wireless Network NCNB and CCUs. These maintenance releases may be delivered by download to the NCNs and CCUs or by field replaceable components. These Maintenance Services do not include costs associated with releases that add new features to the network NCNs and CCUs or firmware releases for the ERT's®, as this firmware is embedded and not field replaceable. The hourly service fees for CSWC Maintenance Services are: Senior Level Technician $40 per hour, plus travel and other expenses (includes tools and equipment) Engineer/Programmer $100 per hour, plus travel and other expenses These hourly service fees do not cover the cost of any replacement Equipment, shipping charges or other expenses, although such expenses may be covered to some extent by an applicable manufacturer's warranty, if any. Upon the City's determination that it desires to have CSWC perform Maintenance Services under this Agreement, the City shall propose to CSWC a request for services describing at least: a. a description of the Maintenance Services to be provided by CSWC; City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 7 of 26 Im b. the projected dates of commencement and completion of the Maintenance Services; C. the facility and/or location(s) at which the Maintenance Services shall be performed; d. the identity of the City's personnel responsible for daily communications and inquiries pertaining to the Maintenance Services; and e. any additional, modified, or special terms and conditions. CSWC shall, within fifteen (15) Calendar Days of receipt of the request for services from the City respond in writing to the City by either: a. refusing to undertake the Maintenance Services; or b. set forth the conditions under which CSWC is willing to complete the Maintenance Services. Once CSWC and the City agree on the terms of a request for services they shall both sign the request for services and CSWC shall begin to provide the Maintenance Services pursuant to the executed request for services. 8. CSWC Software Support CSWC shall provide telephone software support services for the CSWC Utility Management Basic Billing System Software ("CSWC Software Support Services") during the hours of 8:00 a.m. to 5:00 p.m., Central Time, Monday through Friday, exclusive of state and federal holidays, at the hourly rates set forth in Paragraph 7. The telephone number for CSWC Software Support Services is 1-800-Tell-CSW. CSWC Software Support Services shall consist of advice regarding operation and maintenance of the CSWC Utility Management Basic Billing System Software. 9. Purchase of Additional Equipment The City may purchase from CSWC Fixed Wireless Network and Utility Management Systems equipment in addition to that provided by CSWC under the Installation Agreement, in connection with operation and expansion of the System, for the fees set forth herein. The City estimates that the expansion of the City's utility system over the next five years will require the purchase of Fixed Wireless Network and Utility Management System equipment for approximately 500 electric meters and 500 water meters per year. CSWC will install the equipment for the fees set forth herein; provided, however, that if the ongoing requirements for a given year are less than a total of 400 meters, CSWC is not obligated and has the right to opt not to provide equipment to the City under this Paragraph 9 for the remaining Term of this Agreement. CSWC will install ERT's for $150 each, not including any additions to the Fixed Wireless Network or GIHPTM, or any additional costs for permits, taxes, bonds or licenses that may be required. 10. CSWC Trademarks During the term of this Agreement, CSWC hereby grants to the City a non-exclusive license and right to use the CSWC trademarks "CCC" and "Customer Choice & Control," set forth in Exhibit 1, solely in connection with advertising and materials related to CSWC's Customer Choice & Control services provided under this Agreement. CSWC shall have the right, but not the obligation, of prior approval of all use of the licensed trademarks and name by the City. The City shall submit to CSWC all intended uses of the trademarks and names at least one (1) week prior to any such initial use. The City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 8 of 26 0 intended use shall be deemed approved by CSWC unless CSWC objects to the use within five (5) days of receipt of the proposed use. Any use objected to by CSWC shall not be used by the City. CSWC agrees that no payment in addition to the payments required under this Agreement shall be required of the City for this license. The City acknowledges that all use of CSWC's licensed trademarks and names pursuant to this license shall inure solely to the benefit of CSWC. This trademark license may be extended at the end of the Term of this Agreement solely in connection with then existing approved uses by the City of the trademarks and only upon mutually agreeable terms for payment of a one time fee of One Thousand Dollars ($1,000). 11. Service Representative CSWC shall be required to have a responsible representative available for response to the City at all times while this Agreement is in effect ("CSWC Representative"). The CSWC Representative shall be authorized to act on behalf of CSWC and bind CSWC under this Agreement. CSWC shall be required to furnish the name, address, and telephone number where the CSWC Representative may be reached twenty-four hours per day while this Agreement is in effect. The City reserves the right to reject the CSWC Representative designated by CSWC, and require CSWC to designate a new CSWC Representative. The CSWC Representative shall make weekly contact with the City's Representative. The CSWC Representative, or someone under his supervision, shall manage the daily work schedules and maintain periodic frequency logs of services performed and other such data as requested by the City's Representative. The CSWC Representative shall, at the request of the City's Representative, provide scheduling information and the week, day and time during which CSWC will perform its various obligations under this Agreement. 12. Owner's Representative The City's Director of Community Owned Utilities or his authorized representative is hereby designated as City's Representative. City's Representative will act for City but shall not directly supervise CSWC or persons acting on behalf of CSWC. City's Representative shall assume all duties and responsibilities and have the rights and authority assigned to him in this Agreement and the attached documents in connection with the completion of the work in accordance with said documents. 13. Independent Contractor CSWC is an independent contractor and shall be responsible for provision of its services under this Agreement. Except as the parties otherwise agree, CSWC shall supply all materials, equipment and labor required for CSWC to perform the services under this Agreement. Nothing herein shall create a relationship of employer and employee, joint venture, or partnership between the City and CSWC, its agents, representatives, employees or subcontractors, for any purpose whatsoever. Nothing herein shall create a relationship of principal and agent between the City and CSWC, its agents, employees, representatives or subcontractors. Neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby. The City shall not have the right to control the manner(s) or prescribe the method(s) by which CSWC performs the services under this City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 9 of 26 Agreement. CSWC shall have ultimate control over the performance of the services under this Agreement. 14. CSWC's Understanding and Duty CSWC shall perform its services under this Agreement in a good and workmanlike manner (the "Standard of Care"), shall faithfully prosecute the services it provides under this Agreement and shall employ a superintendent ("CSWC Superintendent") qualified to manage and supervise the services performed under this Agreement and any necessary assistants, all satisfactory to the City's Representative. The CSWC Superintendent shall have authority with respect to the day to day performance by CSWC of the services under this Agreement. The City reserves the right to reject the CSWC Superintendent designated by CSWC and require CSWC to designate a new CSWC Superintendent. CSWC agrees to employ only orderly and competent workers skillful in the performance of the type of services required under this Agreement to do the services, and agrees whenever City's Representative shall inform CSWC in writing that any person or persons providing the services are, in his opinion, incompetent, unfaithful, or disorderly, such person or persons shall be discharged from the services and shall not again be used to provide services without the City's Representative's written permission. 15. Supervision of CSWC Employees A supervisor employed by CSWC shall oversee the daily work of CSWC's employees when those employees are present at any City site pursuant to this Agreement ("CSWC Supervisor"). 16. Identification Identification must be worn by all CSWC employees while providing services under this Agreement at any City site. CSWC shall be responsible for instructing its employees in regard to safe working habits and shall be responsible for compliance of its employees with all Occupational Safety and Health Administration regulations in the performance of services under this Agreement. CSWC shall not, however, be responsible for the condition of any City or customer location on which it performs services under this Agreement. CSWC employees shall exhibit a reasonable standard of professionalism in performing services under this Agreement. 17. Record Keeping CSWC shall maintain a periodic log recording the equipment maintenance services provided under Paragraph 7 performed at the specified sites and which employees performed such equipment maintenance services provided under Paragraph 7. Records of the performance of equipment maintenance services provided under Paragraph 7 shall be made available to the City's Representative upon reasonable request. CSWC, at the request of the City's Representative, shall provide the City with sufficient reports or documentation needed to verify the equipment maintenance services provided under Paragraph 7. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 10 of 26 18. Inspections The CSWC Representative, or someone under his supervision, shall make weekly inspections of the equipment maintenance services provided under Paragraph 7 and shall record the results of those inspections. The CSWC Representative shall then submit those inspection results to the City's Representative. At any time during their performance, the City's Representative may inspect the equipment maintenance services provided under Paragraph 7 and inform CSWC of the results of his inspection. CSWC shall promptly correct any deficiencies in the equipment maintenance services provided under Paragraph 7 as revealed by the inspection. 19. Hours of Work CSWC shall be required to provide the City with a telephone number whereby it may contact CSWC during normal business hours and after hours, as needed throughout the term of this Agreement, as required to accomplish the equipment maintenance services contemplated by this Agreement, and as directed by City's Representative. 20. Materials and Supplies Utilized Materials and supplies utilized in the performance of this Agreement shall be of good quality. Upon request, CSWC shall supply proof of quality and manufacturer. The City expressly agrees that CSWC may use refurbished, reconditioned, or other previously utilized materials and supplies in connection with warranty work, provided that any replacement parts are new and of good quality. CSWC shall only utilize materials and supplies that are compatible with the System configuration, as more fully defined in the Installation Agreement. If CSWC should, for any reason, desire to utilize materials other than those specified, CSWC shall secure the prior signed authorization of the City's Representative before making any such substitution. 21. Charges The City shall pay CSWC in accordance with the various requests for services and the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, CSWC reserves the right to: (i) withhold deliveries and/or suspend or discontinue its performance of services, in whole or in part; and/or (ii) place some or all of the equipment and materials needed for performance of the services in storage at the City's expense, if the City fails to make any payment in accordance with this Paragraph 21 and Paragraph 22 when due. CSWC shall be entitled to reimbursement and extensions of time for performance of services in the amount of any impact from shut downs, delays, start-ups, storage or other costs associated with an exercise of CSWC's rights under this Paragraph 21. 22. Payment CSWC shall submit to the City an invoice for payment of Software Modification Services, software support, and maintenance for the System performed by CSWC as rendered on a monthly basis, which invoice shall be due and payable by the City in accordance with the various requests for services and the terms of this Agreement. The City shall pay CSWC for the equipment, work and services provided by CSWC under this Agreement in the amounts and manner set forth in this Agreement, as amended by the parties. At City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 11 of 26 1 the times and in the manner set forth in this Agreement, as amended by the parties, CSWC shall submit applications for payment to: Community Owned Utilities 1001 North College Georgetown, Texas 78626 Attn: Mr. Leon Henderson The individual to whom and address where applications for payment shall be submitted may be changed in accordance with Paragraph 43. Applications for payment will be processed by the City on or before the first day of each month. The City shall then pay CSWC on or before the twentieth day of the following month the total amount of any application for payment. The City shall pay a one and one-half percent (I V2%) per month carrying fee on billed amounts not remitted by the twentieth day of the following month. The City shall not, without CSWC's consent, withhold from any billed amount any amount for taxes payable to any Governmental Authority, or any other amount. The City shall have no responsibility to any subcontractors employed by CSWC for performance of work contemplated by this Agreement. Subcontractors will look exclusively to CSWC for any payments due subcontractors. The City represents and warrants to CSWC that it is capable of compensating CSWC in the time, manner, and amount required under this Agreement. 23. Warranty a. Warranty of Workmanship. CSWC warrants that the services provided by CSWC under this Agreement will be performed in accordance with the Standard of Care. The Standard of Care is the sole and exclusive standard of care that will be applied to measure CSWC's performance of the services. (i) Reperformance of Services. CSWC shall reperform the services or any portion thereof which fail within one (1) year after completion of the services to satisfy the Standard of Care, so that the services or portion thereof satisfy the Standard of Care. All costs incurred by CSWC in performing such corrective services shall be for CSWC's account, and the City shall not be required to pay for any such corrective services. In the event that CSWC is either not capable of reperforming the corrections or not capable of performing such corrections in time to meet the City's requirements, upon written notice to CSWC that the City intends to use a third party to correct the noncomplying services, the City may have the services reperformed by a third party, and CSWC shall reimburse the City for the reasonable expense of such performance. CSWC'S SOLE AND EXCLUSIVE LIABILITY FOR SERVICES WHICH FAIL TO COMPLY WITH THE STANDARD OF CARE SHALL BE AS SET FORTH IN THIS PARAGRAPH City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 12 of 26 City CSWC 23(a)(i) AND THE CITY SHALL HAVE NO OTHER RIGHTS OR REMEDIES AGAINST CSWC FOR ANY SUCH NONCOMPLIANCE. (a) Tests. CSWC shall be permitted to make any tests or to perform any remedial services as CSWC in its sole opinion deems appropriate to demonstrate that the warranty set forth in this Paragraph 23(a) has been met. If the City fails or refuses to allow CSWC to make such tests or perform such services, the warranty obligation of CSWC shall be deemed to have been met. (ii) Notification. The City shall notify CSWC in writing within ten (10) days of discovery of any failure of the services to comply with the Standard of Care. UNDER NO CIRCUMSTANCES SHALL CSWC BE LIABLE FOR ANY FAILURE OF THE SERVICES TO COMPLY WITH THE STANDARD OF CARE FOR WHICH THE CITY FAILS TO NOTIFY CSWC IN WRITING WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OF THE ONE (1) YEAR WARRANTY PERIOD. b. General Warranter of System Products and Equipment. CSWC warrants that all products and Equipment it provides as a part of the services will be new; provided, however, that CSWC may provide refurbished products or Equipment as a part of any warranty services provided by CSWC or the manufacturer of the product or Equipment. CSWC shall comply with all installation requirements of any product manufacturers in order to validate any warranties available from the manufacturers. On completion of the services, CSWC shall assign to the City any and all manufacturer's warranties relating to the Equipment provided by CSWC as a part of the services. CSWC shall further assign to the City any rights that CSWC might have as a purchaser of goods and services to the benefits under State law of the Deceptive Trade Practices Act, in case of any latent defects of any products or services secured by CSWC during the course of installation of the Equipment which is provided by CSWC as a part of the services. C. Limitations. Except as set forth in this Paragraph 23, there are no other representations or warranties, express or implied, made by CSWC, including any representations or warranties with respect to the services, the Equipment, the System, or any obligations of actions of CSWC under this Agreement. In particular, but not by way of limitation, CSWC makes no representation or warranty that its information, advice, recommendations, findings, conclusions or work product will result in compliance with applicable law or provide a perfect result or that the System will perform in a perfect manner. Moreover, any and all implied representations or warranties arising out of the services or the relationship between CSWC and the City are hereby expressly disclaimed and negated. IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. d. Exclusions. The warranties set forth in this Paragraph 23 shall not cover damage arising from: City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 13 of 26 City CSWC (i) Misuse or reckless disregard; (ii) Failure of the City to maintain the System and to comply with generally approved industry standards; (iii) Failure of the City to follow storage, maintenance and operation instructions; (iv) Normal wear and tear; (v) Acts of God, or conditions more severe or adverse than those ordinarily experienced by like facilities; or (vi) Defects in design, material or workmanship furnished by the City, its separate contractors, licensors, vendors, or other suppliers. 24. Obligations, Warranties and Representations of the City a. Hazardous Wastes. Except as specifically provided otherwise in this Agreement, the City shall be responsible for identification, abatement, cleanup, control, removal, remediation and/or disposal of any Hazardous Wastes in or on the site(s) at which the services or any portion thereof are performed and any Equipment is installed. b. Existing Equipment. The City shall maintain in good working condition at the City's expense the existing equipment at the site(s) at which the services or any portion thereof are performed or any Equipment is installed. C. Communications with CSWC's Subcontractor's. The City shall communicate with CSWC and its subcontractors regarding the services solely through CSWC's Superintendent and/or Representative. The City shall not communicate directly with any subcontractor, other employee, vendor or materialman of CSWC regarding the services. d. Response to Request for Information. The City shall promptly respond to any requests by CSWC for information, decisions, or approval related to the performance of the services to avoid delay in the orderly progress of the services. e. City Supplied Information. The City shall provide CSWC with such information as CSWC may reasonably request that the City has, or has access to, with respect to the services. All information provided to CSWC by or on behalf of the City pursuant to or in furtherance of the services provided pursuant to this Agreement shall be accurate, correct, complete, fit for its intended purpose and can be used without infringing any patent, copyright, trademark, or other intellectual property rights of third parties under the intellectual property rights of the world. It is the City's responsibility to disclose to CSWC the existence and nature of all information of which the City is, or reasonably should be, aware that may affect the services being performed by CSWC. (i) To the extent allowed by law, the City shall bear and agrees to pay all costs, damages, losses and expenses (including, without limitation, attorneys fees and court costs) of every kind which CSWC may incur, be required to pay or be liable for as a result of, in connection with, arising out of or related to any such infringement, and to remedy such infringement by appropriate means, including, but not limited to City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 14 of 26 City CSWC obtaining for CSWC the right to continued use, reproduction, distribution, performance and display of the copyrighted, patented, trademark or otherwise infringed item. f. Site. The City represents that it owns or has sufficient rights for performance of the services and installation of any Equipment to the site(s) at which the services or any portion thereof will be performed and any Equipment installed, that it will provide CSWC adequate access to the site(s) at which the services or any portion thereof will be performed and any Equipment installed, and that there is no land use restriction or other limitation affecting the site(s) at which the services or any portion thereof will be performed and any Equipment installed which would impede the performance of the services or installation of the Equipment. 25. Limitation of Liability CSWC'S AGGREGATE LIABILITY TO THE CITY FOR ALL CLAIMS OF THE CITY ARISING FROM CSWC'S PERFORMANCE OF SERVICES, ACTIONS OR INACTIONS UNDER THIS AGREEMENT OR THE USE OF CSWC'S WORK PRODUCT, WHETHER ARISING UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF EVERY KIND AND STRICT LIABILITY, WITHOUT FAULT), OR PROPERTY, OR AT COMMON LAW OR IN EQUITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL COMPENSATION CSWC ACTUALLY RECEIVES FROM THE CITY FOR SUCH SERVICES PLUS TWO HUNDRED THOUSAND DOLLARS ($200,000); OR (ii) THE AMOUNT OF MONEY IN FACT COLLECTED BY THE CITY FROM CSWC'S INSURANCE CARRIERS IN CONNECTION WITH SUCH PERFORMANCE OF THE SERVICES. 26. Termination a. Events of Termination. This Agreement may be terminated and abandoned: (i) upon the mutual written agreement of the City and CSWC; (ii) by either party, upon written notice to the other, in the event that an injunction or other final order or judgment is entered in any lawsuit or regulatory proceeding restraining either party's performance under this Agreement, declaring or otherwise rendering either party's performance unlawful or compelling removal, discontinuation or divesture of all of the System, and such injunction, order or judgment has not been vacated, reversed or stayed within 30 days from the date of entry thereof, (iii) by either party, in the event of substantial failure of the other party to perform in accordance with the terms hereof through no fault of the terminating party. CSWC shall be considered in default of its obligations under this Agreement only if CSWC: City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 15 of 26 City CSWC (a) performs services which materially fail to conform to the requirements of this Agreement and, after notice of such failure, does not commence and diligently pursue a cure of such failure; or (b) abandons or refuses to proceed with any or all of the services which it has agreed to provide, unless such abandonment or refusal is authorized by the provisions of this Agreement. Upon the occurrence of default, the non -defaulting party shall notify the defaulting party, in writing, of the specific nature of the default and of its intention to terminate this Agreement for default. If the defaulting party, within 10 business days from receipt of such notification, (i) commences and diligently pursues cure of such default provided it is capable of cure within a reasonable period, or (ii) provides reasonable evidence that such default does not, in fact, exist, the defaulting party shall not be considered to be in default. If the defaulting does not commence and diligently pursue cure of such default within 10 business days from receipt of such notification, or if within 10 business days from receipt of such notification the defaulting party fails to provide reasonable evidence that such default does not, in fact, exist, the non -defaulting party may, upon a within 10 business days' written notice to the defaulting party terminate, in whole or in part, this Agreement. b. Payment of Termination Costs. If the City terminates this Agreement pursuant to Paragraph 30(a), within thirty (30) days after the effective date of such termination the City shall pay a termination charge to CSWC consisting of that payment for that portion of the services performed and equipment and materials ordered or procured prior to the effective date of termination, plus CSWC's reasonable termination charges, including, but not limited to, services in progress, restocking charges, cancellation charges, de -mobilization charges, etc. CSWC shall take all reasonable actions to minimize cancellation costs and termination charges and document said charges. C. Notice. The power of termination provided for in this Paragraph 30 may be exercised only by written notice signed by the party exercising such power forwarded to the other party in accordance with the terms of Paragraph 43. d. Effect of Termination. Upon the occurrence of an event of termination set forth in Paragraph 30(a), this Agreement shall be terminated and, except as provided in Paragraph 52, neither party nor any of its directors, officers, stockholders, affiliates, general partners, limited partners or employees shall have any continuing liability to the other -party or its directors, officers, stockholders, affiliates, general partners, limited partners or employees under this Agreement. 27. Audit Rights The City shall have the right for a period of one (1) year after the completion of any particular service, during CSWC's normal business hours, upon ten (10) days prior written notice, at CSWC's City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 16 of 26 City CSWC 0 office location, and at the City's expense, to audit the billing records of CSWC relating to the services performed by CSWC. 28. CSWC's Right to Subcontract CSWC may, upon notice to the City, subcontract any portion of the services to any subcontractor; provided, however, that CSWC may not subcontract the project management portion of the services and that CSWC shall not subcontract with a subcontractor to which the City objects on the basis of the subcontractor's past performance or confidentiality concerns. 29. Use of Information a. Use by CSWC. CSWC shall not use any information of the City that CSWC acquires by virtue of its activities hereunder for any purpose unrelated to this Agreement, including, but not limited to, assisting any third party (including, without limitation, Central and South West Corporation) in conducting an acquisition of any of the City's utilities. CSWC shall not disclose to any third party any confidential information of the City received under this Agreement, except to the extent necessary to perform CSWC's obligations and exercise its rights under this Agreement. CSWC shall not use any confidential information of the City that it acquires as a result of its access to the City's utility system for any purpose other that those specifically delineated in this Agreement. b. Use by the City. The City shall not, without the prior written consent of CSWC, disclose to third parties or use any confidential information of CSWC that the City acquires by virtue of its activities under this Agreement for any purpose, except to the extent necessary to perform its obligations or exercise its rights under this Agreement or operate the System. The City agrees that all source code and other documentation and information related to CSWC's software provided to the City under this Agreement is confidential information of CSWC. Notwithstanding the foregoing, the City may use the utility data that it gathers from its use of the System for any other proper purpose relating to the administration of the City's municipal affairs, including the creation of utility system models, government information systems and management information systems. C. Exceptions. Information shall not be considered confidential information under this Paragraph 29 if such information: (i) at the time of disclosure or thereafter becomes a part of the public domain through no wrongful act or omission or noncompliance with this Paragraph 29 by the receiving party; (ii) is subsequently disclosed to the receiving party by a third party, and which the third party did not acquire under an obligation of confidentiality; (iii) was in the possession of the receiving party prior to entering into this Agreement and which was not previously disclosed to the receiving party as confidential information of the disclosing party; or (iv) is independently developed by the receiving party. City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 17 of 26 City CSWC d. Disclosure Required by Law. (i) Notwithstanding the prohibition against disclosure and use set forth in Paragraph 29(b), the City shall not be precluded from disclosing confidential information of CSWC when required to do so by the State and Federal Public Information Acts. CSWC recognizes that the City is subject to both the State and Federal Public Information Acts (formerly the Open Records Act). In the event of a request being filed with the City requesting release of information that CSWC believes to be confidential under the exceptions to either the State or Federal Public Information Acts, it is the responsibility of CSWC to provide detailed information to the City explaining why CSWC believes this information to be confidential. CSWC acknowledges that the final decision with regard to confidentiality of this information does not rest with the City, but with the appropriate State or Federal agency that administers the respective Public Information Act. The City will notify CSWC of any request for CSWC confidential information as soon as possible and prior to disclosing such confidential information. (ii) Notwithstanding the prohibition against disclosure and use set forth in Paragraphs 28(a) and (b), the party receiving confidential information of the other party pursuant to Paragraphs 28(a) or (b) shall not be precluded from disclosing such information when required to do so by operation of law, including, but not limited to, pursuant to a subpoena or proper discovery request in a legal action; provided, however, that the receiving party shall inform the disclosing party as soon as possible and prior to disclosing such confidential information of the requirement that the receiving party disclose such confidential information. 30. Indemnification a. TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO CLAIMS BY THIRD PARTIES, THE CITY SHALL INDEMNIFY AND SAVE HARMLESS AND DEFEND CSWC, AND ITS EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS AND AFFILIATES (THE "CSWC INDEMNIFIED PARTIES") FROM ANY AND ALL LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY OR ASSERTED AGAINST THE CSWC INDEMNIFIED PARTIES BY REASON OF INJURY OR DEATH OF ANY PERSON OR DAMAGE TO ANY REAL PROPERTY ARISING OUT OF: (i) ANY WORK ON THE SYSTEM BY OR AT THE DIRECTION OF THE CITY, OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY; (ii) ANY USE, NONUSE, POSSESSION, OCCUPATION, CONDITION, OPERATION, MAINTENANCE OR MANAGEMENT OF THE SYSTEM, OR ANY PORTION THEREOF, BY THE CITY OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY, OR FOR WHICH ANY City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 18 of 26 City CSWC OF THE CITY OR EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN CSWC) OF THE CITY IS RESPONSIBLE; (iii) ANY NEGLIGENT OR TORTIOUS ACT OF THE CITY OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS (OTHER THAN CSWC), LICENSEES OR INVITEES ARISING OUT OF THE CITY'S ACTIONS OR INACTIONS UNDER THIS AGREEMENT; OR (iv) ANY FAILURE BY THE CITY TO PERFORM ANY OF ITS MATERIAL OBLIGATIONS UNDER THIS AGREEMENT. b. WITH RESPECT TO CLAIMS BY THIRD PARTIES, CSWC SHALL INDEMNIFY AND SAVE HARMLESS AND DEFEND THE CITY AND ITS EMPLOYEES AND AGENTS (THE "CITY INDEMNIFIED PARTIES") FROM ANY AND ALL LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS AND EXPENSES, (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS), INCURRED BY OR ASSERTED AGAINST SUCH CITY INDEMNIFIED PARTIES BY REASON OF INJURY OR DEATH OF ANY PERSON OR DAMAGE TO ANY REAL PROPERTY ARISING OUT OF: (i) ANY WORK ON THE SYSTEM BY OR AT THE DIRECTION OF CSWC OR EMPLOYEES, AGENTS OR CONTRACTORS OF CSWC; (ii) ANY USE, NONUSE, POSSESSION, OCCUPATION, CONDITION, OPERATION, MAINTENANCE OR MANAGEMENT OF ANY PORTION OF THE SYSTEM BY CSWC OR EMPLOYEES, AGENTS OR CONTRACTORS OF CSWC OR FOR WHICH ANY OF THEM IS RESPONSIBLE; (iii) ANY NEGLIGENT OR TORTIOUS ACT OF CSWC OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, LICENSEES OR INVITEES (OTHER THAN THE CITY AND ITS EMPLOYEES) ARISING OUT OF CSWC'S ACTIONS OR INACTIONS UNDER THIS AGREEMENT; OR (iv) ANY FAILURE BY CSWC TO PERFORM ANY OF ITS MATERIAL OBLIGATIONS UNDER THIS AGREEMENT. C. Notwithstanding any other provision of this Agreement, the obligations of the City under Paragraph 30(a) and of CSWC under Paragraph 30(b) shall survive the expiration or termination of this Agreement. NOTHING IN PARAGRAPH 30(a) OR PARAGRAPH 30(b) SHALL BE CONSTRUED TO REQUIRE CSWC TO INDEMNIFY ANY CITY INDEMNIFIED PARTY, OR THE CITY TO INDEMNIFY ANY CSWC INDEMNIFIED PARTY, FOR ANY LIABILITIES, DAMAGES, OBLIGATIONS, CLAIMS, COSTS OR EXPENSES INCURRED BY OR ASSERTED AGAINST SUCH INDEMNIFIED PARTY BY REASON OF NEGLIGENCE OR OTHER TORTIOUS CONDUCT OR OTHER City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 19 of 26 City CSWC le11 A FAULT OF SUCH INDEMNIFIED PARTY OR FAILURE BY ANY SUCH INDEMNIFIED PARTY WHICH IS A PARTY TO THIS AGREEMENT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. FURTHERMORE, THE INDEMNIFYING PARTY' S OBLIGATION OF INDEMNIFICATION UNDER THIS PARAGRAPH 30 SHALL BE LIMITED TO THE PERCENTAGE OF THIRD PARTY CLAIMANT'S DAMAGES OR INJURIES ATTRIBUTABLE TO THE INDEMNIFYING PARTY'S ACTIONS OR INACTIONS ENCOMPASSED BY THE REASON(S) TRIGGERING THE INDEMNIFICATION OBLIGATION UNDER PARAGRAPH 30(a) IN THE CASE OF THE CITY, AND UNDER PARAGRAPH 30(b) IN THE CASE OF CSWC. d. Notification. It is a condition precedent to the indemnitor's contractual obligation of indemnification under this Agreement that the indemnitee shall provide written notice to the indemnitor of the third party claim, demand or cause of action within thirty (30) days after such third party claim, demand or cause of action is received by the indemnitee. It is further a condition precedent to the indemnitor's contractual obligation of indemnification under this Agreement that the indemnitor shall thereafter have the right to participate in the investigation, defense and resolution of such third party claim. 31. Consequential Damages a. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CSWC BE RESPONSIBLE TO THE CITY OR ANY OTHER PERSON, NOR SHALL THE CITY BE RESPONSIBLE TO CSWC OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY, BY INDEMNIFICATION OR OTHERWISE, FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, WHETHER ARISING UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF EVERY KIND AND STRICT LIABILITY, WITHOUT FAULT), OR PROPERTY, OR AT COMMON LAW OR IN EQUITY, OR OTHERWISE, RESULTING FROM ANY BREACH OF THIS AGREEMENT, ANY ACTION OR INACTION UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, BREACH OF CONTRACT OR WARRANTY, OR VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR ANY INTERRUPTION, REDUCTION OR CESSATION IN THE USE OF THE SYSTEM AND WHETHER CAUSED BY UNAVAILABILITY OF THE EQUIPMENT, SHUT DOWNS OR SERVICE INTERRUPTIONS, OR OTHERWISE. b. During the Term of this Agreement, neither party shall enter into any lease, sublease, license, contract, agreement, arrangement or understanding with any person relating to the use of the system or any portion thereof unless such lease, sublease, license, contract, agreement, arrangement or understanding shall provide that the other party hereto shall not be responsible, directly or indirectly, by indemnification or otherwise, to any such person for incidental or consequential damages, including loss of revenue or profits, whether arising under the law of contracts, torts (including, without limitation, negligence of every kind and City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 20 of 26 City CSWC strict liability, without fault), or property, or at common law or in equity, or otherwise, resulting from any breach thereof any action or inaction under this Agreement or otherwise, including, without limitation, negligence or other fault, strict liability without regard to fault, breach of contract or warranty, or violation of the Texas Deceptive Trade Practices Act, or any interruption, reduction or cessation in the use of the network resulting therefrom and whether caused by unavailability of the equipment, shut downs or service interruptions, or otherwise. 32. Corporate Entity Liable a. The City will look only to CSWC's corporate entity for satisfaction of any claim, demand or cause of action for damages, injuries or losses sustained by the City as a result of CSWC's work, services, actions or inactions under this Agreement, or use of CSWC's work product, including reports, plans, specifications, information, advice, recommendations, findings or conclusions. In no event will CSWC's directors, officers, employees, agents or affiliates be liable to the City for any liabilities, damages, expenses or losses of any nature whatsoever, whether direct or indirect, caused by or resulting from the work, services, actions or inactions under this Agreement or use of CSWC's work product. This provision shall not preclude the City from seeking satisfaction for any such claims from any third party subcontractor, vendor or supplier of CSWC under this Agreement. b. CSWC will look only to the City municipal corporate entity for satisfaction of any claim, demand or cause of action for damages, injuries or losses sustained by CSWC as a result of the City's work, services, actions or inactions under this Agreement, or use of the City's work product, including reports, plans, specifications, information, advice, recommendations, findings or conclusions. In no event will the City's council members, governmental officers, employees, or agents be liable to CSWC for any liabilities, damages, expenses or losses of any nature whatsoever, whether direct or indirect, caused by or resulting from the City's work, services, actions or inactions under this Agreement or use of the City's work product. This provision shall not preclude CSWC from seeking satisfaction for any such claims from any third party subcontractor, vendor or supplier of the City under this Agreement. 33. No Third Party Beneficiaries The services and services to be performed by CSWC under this Agreement are solely for the benefit of the City. It is the intention of CSWC and the City that there are no third party beneficiaries of this Agreement and this Agreement shall not be construed as creating any contractual relationship of any kind between CSWC and any third party. 34. Permits, Fees, and Notices The City shall, at its sole expense, make all required filings and registrations with, and shall obtain all required permits, licenses, approvals, certificates, franchises, consents and authorizations from, the Federal Communications Commission, the Public Utility Commission of Texas, and each other applicable governmental authority in connection with the construction, operation and ownership of the System. The City shall secure and pay for any permits and governmental fees, licenses, and City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 21 of 26 t A r inspections necessary for the proper execution and completion of the services and the City's obligations under this Agreement and the construction, operation and ownership of the System. The City shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the ownership and operation of the System. CSWC shall maintain in effect during the term of this Agreement any and all federal, state and local licenses and permits which may be required of CSWC generally and not which the City is required to obtain and maintain under the terms of this Agreement. 35. Insurance Promptly after the execution of this Agreement, CSWC shall present to the City certificates of insurance, reasonably acceptable to the City, and the City shall present to CSWC documentation evidencing the following insurance coverage to be maintained by each parry: a. worker's compensation insurance coverage complying with the law of the State of Texas and employers liability insurance with limits of not less than $500,000 per occurrence; b. comprehensive general liability insurance coverage, with broad form endorsement attached, for a combined bodily injury and property damage limit of not less than $1,000,000 per occurrence, which coverage shall include blanket contractual, products and completed operations liability coverage; C. comprehensive automobile liability insurance coverage, with a combined bodily injury and property damage limit of not less than $1.000,000 per occurrence, which coverage shall include all owned, non -owned and hired vehicles; and d. umbrella liability insurance coverage applying in excess of the limits set forth in clauses (a) through (c) above, subject to a limit of not less than $1,000,000. All such coverage shall provide for not less than 30 days' prior written notice of cancellation or material change. Each party hereto shall maintain all such coverage in force at all times during the term of this Agreement. All such policies of insurance (other than policies with respect to the insurance coverage set forth in clause (a) above) of CSWC shall include the City as an additional insured with respect to the activities of CSWC. IV. MISCELLANEOUS PROVISIONS 36. Non -Assignment This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their successors, legal representatives and assigns. Except as otherwise specifically provided in this Agreement, this Agreement shall not be assignable by either the City or CSWC without the prior consent of the other party, which consent shall not be unreasonable withheld. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 22 of 26 * I 0 37. Force Majeure Neither the City nor CSWC shall be required to perform any term, condition or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, civil riots, floods and any other cause not reasonably within the control of the City or CSWC, except as herein provided, and which by the exercise of due diligence the City or CSWC is unable, wholly or in part, to prevent or overcome. 38. Governing Law This Agreement has been made under and it, its interpretation and any disputes relating to, arising out of or connected with this Agreement, shall be governed by the laws of the State of Texas, without regard to its conflicts of law provisions. The parties agree that this Agreement is performable in Williamson County. 39. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 40. Taxes and Fees CSWC shall not include federal taxes or State of Texas limited sales and use or excise taxes in their invoices or vouchers and statements of costs. The City is exempt from payment of such taxes and an exemption certification will be furnished to CSWC if requested. 41. Right of Assurance Whenever one party to this Agreement in good faith has reason to question the other party's intent to perform, it may demand that the other party give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this Agreement. 42. Remedies Prior to initiating litigation, the City and CSWC agree to enter into non -binding mediation, in an attempt to amicably resolve any differences that may arise during the course of this Agreement. After the completion of mediation, the City and CSWC may choose to utilize any other legal dispute resolution process as they deem appropriate. The City and CSWC may sue from time to time to recover any amounts due or enforce any right under this Agreement, and no suit or recovery shall bar any subsequent action brought for any amount not theretofore reduced to judgment in favor of the City or CSWC, as the case may be. Except as specifically provided otherwise in this Agreement, all remedies provided in this Agreement shall be cumulative and not exclusive and are in addition to any remedies available at law or in equity. All remedies may be exercised and enforce concurrently or sequentially as often as occasion therefor may arise. City of Georgetown, Texas/CSW Communications City System Support, Operations and Maintenance Agreement CSWC Page 23 of 26 4 A .: 43. Notices Any written notice, demand or request required or authorized by this Agreement shall be deemed properly given if delivered by certified mail, return receipt requested, or by hand or overnight courier, with delivery acknowledged, as follows: City of Georgetown: City of Georgetown P. O. Box 409 Georgetown, TX 78627 Attn: City Manager FAX (512) 930-3659 CSW Communications Inc.: CSW Communications, Inc. 40132 Industrial Oak Cir., Suite B Georgetown, Texas 78626 Attn: Mr. William E. Morrow, Managing Director FAX (512) 863-2044 CSW Communications, Inc. 1705 South Capital of Texas Hwy, Suite 400 Austin, Texas 78746 Attn: Mr. William E. Morrow, Managing Director FAX (512) 306-5881 Emergency notices of impairments in service may be given by telephone by CSWC to the person designated by the City, and by the City to the person designated by CSWC. All such telephone notices shall be confirmed in writing. The designation of the person to be notified, or the address or telephone number of such person, may be changed from time to time by giving notice in accordance with this Paragraph. 44. Waiver No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 45. Authority The City represents and warrants that it has the authority and has taken all actions necessary to execute and deliver, and perform its obligations under this Agreement. 46. Competitive Bidding The City represents and warrants that it has complied with all competitive bidding laws of the State of Texas in connection with this Agreement. 47. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the installation, operation and ownership of the System, and cancels and supersedes all prior agreements, City of Georgetown, Texas/CSW Communications city System Support, Operations and Maintenance Agreement CSWC Page 24 of 26 proposals, negotiations, representations, discussions and correspondence, either written or oral, with respect to the matter hereof. 48. Amendment This Agreement may only be amended in writing and approved and executed by both parties. No alterations, changes or amendments to this Agreement shall be effective unless in writing and signed by both parties hereto. 49. Multiple Originals This Agreement may be executed in one or more originals, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 50. Captions The paragraph headings contained herein are for convenience only and are not intended to define or limit the scope of any provisions of this Agreement. 51. Signature Warranty Clause The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and CSWC, respectively. 52. Survival The following Paragraphs shall survive termination of this Agreement: 20 (Charges); 21 (Payment); 24 (Limitation of Liability); 26 (Audit Rights); 28 (Use of Information); 29 (Indemnification); 30 (Consequential Damages); 31 (Corporate Entity Liability); 37 (Governing Law); 38 (Legal Construction); 41 (Remedies); 43 (Waiver); 44 (Authority); and 45 (Competitive Bidding). IN WITNESS WHEREOF, the Parties have executed this Agreement this day of August, 1996. THE CITY OF GEORGETOWN 0 Leo Wood, Mayor ATTEST: Sandra D. Lee, City Secretary City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 25 of 26 CSW COMMUNICATIONS, INC. M William E. Morrow, Managing Director City CSWC r APPROVED AS TO FORM: Marianne Landers Banks, City Attorney STATE OF TEXAS ) COUNTY OF WILLIAMSON ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on this day of ,19965 by Leo Wood, a person known to me, in his capacity as Mayor of the City of Georgetown, on behalf of said municipality. Notary Public in and for the State of T E X A S STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF TRAVIS ) This instrument was acknowledged before me on this day of , 1996, by William E. Morrow, a person known to me, in his capacity as Managing Director of CSW Communications, Inc., a Delaware Corporation authorized to do business in Texas, on behalf of said corporation. VEHOUO3:48483.1 August 7, 1996 City of Georgetown, Texas/CSW Communications System Support, Operations and Maintenance Agreement Page 26 of 26 Notary Public in and for the State of TEXAS City CSWC Exhibit 1 Scone of Work 1.0 Create Customer Choice & ControlTM Office and Warehouse 2.0 Conduct Focus Groups 3.0 Create Processes, Policies and Guidelines 4.0 Execute Sample Test of Electric Meters 5.0 Conduct System Assessment Test (SAT) 6.0 Install SCADA System 7.0 Install Automated Electric and Water Metering System (Full Deployment) 8.0 Intermediate and Final System Test City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 1 of 33 1.1 Create Customer Choice & Controllm Office and Warehouse CSWC will establish a Georgetown Customer Choice & ControlTM office in the City. The Georgetown CCCTM office will be used as a CSWC local point of presence to assist in accomplishing the services and deliverables as described in this agreement. CSWC will provide for all maintenance and expenses associated with this office as part of this agreement. The office will be operational within 30 days of both parties agreeing to and signing the minutes of the preconstruction meeting. 2.0 Conduct Focus Groups CSWC will conduct two (2) focus group sessions in Georgetown. The focus groups will have a minimum of eight (8) and a maximum of fourteen (14) participants for each session. Participants will be limited to people who reside or conduct business in the Georgetown municipal area. The focus group sessions will span approximately two (2) hours each in duration. CSWC will work with the City to develop a list of discussion areas and the desired profile of the attendees. An outline for the sessions will be mutually agreed upon by both parties prior to the first session. CSWC will, at its expense, contact prospective focus group attendees and arrange for the meeting. Any required compensation for participants will be paid directly by CSWC. CSWC will facilitate the session and provide a written summary of the results. A video or audio tape of the session will also be created to document the sessions. A copy of the video and or audio tape and the written report will be provided to the City. The City will provide a suitable meeting area for conducting the focus groups. The focus groups will be completed within forty-five (45) days of both parties agreeing to and signing the minutes of the preconstruction meeting subject to available meeting space. The written summary and accompanying video or audio tape will be delivered to the City within fifteen (15) days after the completion of the second focus group. 3.0 Create Processes, Policies, and Guidelines CSWC will submit written documents detailing policies and guidelines (Georgetown CCCTM Policies and Guidelines and Safety Manual) in order to administer and complete the Project. CSWC will work with the City to modify (if required) CSWC's current set of processes, policies and guidelines for construction of the Network, installation of meters, employee identification, security, and safety. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 2 of 33 'Y r Within ten (10) days of both parties agreeing to and signing the minutes of the preconstruction meeting, CSWC will submit for approval a draft copy of the Georgetown CCCTM Policies and Guidelines and Safety manuals to the City. CSWC reserves the right to reference existing policies and procedures. The Georgetown CCCTM Polices and Guidelines and Safety manuals will be mutually agreed upon by both parties and will be administered by CSWC. CSWC will update the manuals as needed and will provide updated copies to the City periodically. 4.0 Execute Sampling Test of Electric Meters CSWC will execute a sample test of the City's electric meters and provide a written report documenting the findings and providing metering process improvement recommendations to the City. CSWC will sample 1 % of the City's total residential electric meter population within thirty (30) days of both parties agreeing to and signing the minutes of the preconstruction meeting to test for full and light load and power factor accuracy. Based upon the results of the sample test, CSWC will deliver a report describing the performance of the City's residential electric meters. A report will estimate the impact of the poor performing meters on the revenue of the electric utility expressed in terms of percentage of kilowatt hours lost. A report will provide recommendations on establishing meter purchase and test guidelines. A report will provide the City with recommendations for developing a meter seal strategy. A report will also detail electric site inspections for the sampled electric meters. All exceptions to required safety or construction codes will be documented as part of the report. A report will be delivered to the City within sixty (60) days both parties agreeing to and signing the minutes of the preconstruction meeting. 5.0 Conduct System Assessment Test (SAT) CSWC will provide for the installation, testing and operation of a System Assessment Test (SAT) of the RF electric and water meter reading System and associated network for the City. The SAT will consist of a fifty (50) home pilot in the Parkview Estates in the City of Georgetown. The SAT will be performed within one hundred and twenty (120) days of both parties agreeing to and signing the minutes of the preconstruction meeting. 5.1 Hardware CSWC will provide to the City and install the following Genesis ITRON® hardware and software as part of the SAT test: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 3 of 33 11 x • One (1) Network Control NodeTM (NCN), cabinet, cables, mounting kit, miscellaneous accessories and hardware • One (1) Cell Control UnitTM (CCU) • One (1) Genesis ITRON® Host Processor (GIHP) — One (1) DEC AlphaStation 255/233 MHz CPU — 2 GB system disk — 16 GB data disk — 10 GB 8mm DAT tape drive — 128 MB RAM — 600 MB CD-ROM Drive SCSI — 2 Serial / 1 Parallel Port — 1 Printer — 1 Uninterruptable power supply — One (1) 21 " Color Monitor • One (1) NEC P 13 3 MHz NT Workstation — 32 MB RAM — 1.2 GB HD — 14" Color Monitor • Ethernet hub (12 port) • WAN twisted pair GTE protected dedicated phone connection from the NCN to the GIHP • Two (2) 28.8 BAUD modems • 50 Electric Encoder Receiver Transmitters (ERTs®) • 15 Badger meters and water ERTs® • Three (3) GIHP System manuals and user guides 5.2 Software CSWC will deliver to the City and install at the Georgetown CCCTM office the following software as part of the SAT test: • GIHP and NT workstation software including: — Windows® NT — Microsoft Office Professional — ERT®/Cell Control UnitTM(CCU)/NCN and Network device drivers — Communication applications — AMR applications — Database applications • CSWC will provide the City meter readings in a disk file (format specified by the City). City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 4 of 33 5.3 CSWC Provided Services CSWC will provide the following services as part of the SAT test: • A propagation study for a complete wireless Network with any potential performance problems identified and subsequent actions agreed upon by the parties • The Network design for the SAT (including location of poles existing or required and other structures required for the Network). • The design for the complete Network (including documentation of pole locations existing or required and other structures required for the Network). • Installation of 50 ABB AB 1 meters with 40ER-1 ERTs® • Installation of 15 Badger water meters with 40W ERTs® • Installation of the GIHP (at the Georgetown CCCTM office) including configuration and installation of the GIHP software and setting up the GIHP user security • On site training on the GIHP user interface to permit viewing of the AMR data base • Operation of the Network for duration of SAT — Monitor Network performance. — Perform and maintain database backups on a weekly basis. — Manage meter reading database files and System log files. — Establish ERT® database and assignment of utility ID numbers. • Assist in the acquisition of an experimental 952 or 956 MHz license for the SAT 5.4 City Provided Services The City will provide the following equipment and services at a mutually agreed to time and place and in such a manner as determined by CSWC and the City: • Meter enclosure seals and meter seal tabs • Assistance in. installation of the Network (bucket truck, serviceman) • Modify or acquire 952 or 956 MHz license (CSWC assistance) • Use of poles, towers, easements and other appurtenances required to deploy the System • Assistance in customer notification (i.e. bill inserts) 5.5 System functionality to be tested or demonstrated CSWC will perform a test of the below described ERT® functionality, network functionality and administration and GIHP functionality and will demonstrate as a proof of concept other listed functionality. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 5 of 33 5.5.1 ERT® Functionality • Automated meter readings in kWhs matching electric meter dial readings • Polled meter readings in kWhs matching electric meter dial readings • Automated meter readings in gallons matching water meter dial readings • Polled meter readings in gallons matching water meter dial readings 5.5.2 Network Functionality • Demonstration of two way functionality by: — Reception of meter readings — Issuing control command to an individual ERTO and have the ERTO change status from normal to load profile mode — Issuing control command to a CCU and reading time -tagged events from the CCU 5.5.3 GIHP Functionality • Ability to select a customer (from a list) and a data range (from pre -selected past day, past 30 days or type in begin/end date) over which to review meter readings • Display of polled meter reading • Display summary of meter readings • Display of selected days meter readings • Display of current day's activity for a specific ERT@ • Display of ERT@ configuration information for a specific customer • Generate the below described summary reports which may be displayed on a console, saved to a file (for printing or use by another program), or for printing on a printer connected to the GIHP processor. The reports for a selectable data range are: — Configuration changes for all customers — Configuration changes for a single customer Electric and water meter reads by customer — Electric and water meter reads by date • Proof of concept demonstration of the following functionality: — Time -of -Use Logical connect and disconnect Outage detection and reporting — Tamper monitoring and reporting — Load profile 5.5.3.1 Network Administration • Create a record for ERTs@operating in the System City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 6 of 33 7 4 • Assign (utility identifier) customer information (such as street address) to each ERTO network address • Assign account information to each ERTO Network address • Assign meter information to each ERTO Network address • Set ERTO to active mode or inactive mode Note: Operation of the Network, configuration and installation of ERTs® and maintenance of the database will be performed by CSWC. 5.6 Acceptance Plan 5.6.1 System Acceptance Criteria • Meter reads by customer and date selection Daily meter readings target 100% receipt of daily meter readings. There are several factors such as radio propagation, atmospheric conditions, foliage, customer intervention and others that contribute to the loss of readings. CSWC reserves the right to install additional Network infrastructure or install other mutually agreed upon technologies to overcome RF reception issues in meeting the task of reading all externally located City owned electric and water meters. • ERTO status reporting matching logged ERTO configuration changes • AMR interface functions — Automatic meter reading with inputs for customer ID and date range — Polled meter readings within 30 seconds of request Usage summary for daily meter reads for water meters Usage summary of meter reads for electric meters — Current day's activities displaying the most recent meter reads • Report generation functions 5.6.2 System Functions • Ability to add ERTO to database and add meter, account, and customer information • Ability to delete an ERTO from the database • Outbound command delivery to change ERTO status • Eight (8) hour battery powered operation of the CCU • Eight (8) hour battery powered operation of the NCN • Recovery of System link failure from NCN to the GIHP and from the CCU to the NCN 5.7 Acceptance Test - Detailed Plan City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 7 of 33 The following tests will be used as acceptance criteria of the installation of the SAT equipment. All tests will be conducted by CSWC and the City. The SAT will begin upon proper notice to the parties and completion of installation and operational verification of the SAT by CSWC. The SAT will be conducted for two weeks. 5.7.1 ERT®/GIHP Functional Tests - AMR • Action: — Verify communications with the fifty (50) electric and fifteen _ (15) water ERTs® — Record the initial meter dial readings — Manually read a selection of meters in the field at a time corresponding to the GIHP meter reading time on each day until satisfactory verification of matching field meter dial reading and GIHP readings occur — Poll a selection of twenty (20) meters to verify response time of less than thirty (30) seconds — Issue a control command to a selection of ten (10) ERTs® and verify a change in status — Issue a control command to a CCU and verify a change in status • Data Review: — Using the GIHP software system and the NT workstation, review the GIHP REPORTS/SYSTEM REPORTS screen to verify that incrementing meter readings are being recorded. A printed report will be generated to the test records. — Verify that all of the daily meter reads are being received over the Network. — Using the GIHP software system and the NT workstation, verify the manual readings taken at the meter sites match the AMR reading. — View the meter readings using the meter reading detail screen Using the GIHP software system and the NT workstation, review the GIHP REPORTS/SYSTEM REPORTS screen to verify that the CCU and the selection of ten (10) ERTs® have changed status. Review the summary of consumption through "Meter Readings Graph" under GIHP REPORTS/SYSTEM REPORTS. • Acceptance Criteria: — All of the daily meter readings will be received by the GIHP System. — All manual meter readings shall match the AMR readings within the resolution of the manual meter. — Usage summary shall correlate with the daily data — ERTs® and CCU changed status City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 8 of 33 I _r 5.7.2 ERTO Status Chanize Test • Action: Using the GIHP Maintenance screens or the NT workstation, add a record for a new ERTO installed in the System, assign the ERTO a unique meter, account, and customer ID for use by the utility. Using the GIHP administration screens or the NT workstation, set the installed ERTO in load profile mode. Using the GIHP administration screens or the NT workstation, remove the installed ERTO. • Data Review: — Using various functions of the GIHP administration program or the NT workstation, review the meter reads, ERTO, account, and customer identifiers assigned to each ERTO. • Acceptance Criteria- - Status change, installed, removed, inactive and active ERTsO should display the proper status in the GIHP administration program or the NT workstation — All installed and active ERTsO shall be available from the customer selection list in the AMR program — All removed or inactive ERTsO shall not be available from the customer status change test selection list in the AMR program 5.7.3 CCU Status Chanize Test • Action: Using the GIHP administration screens or the NT workstation, set the CCU and associated ERTsO to operate in the load profile mode. Using the GIHP administration screens or the NT workstation, disable load profile at the CCU level. • Data Review: — Using various functions of the GIHP administration program or the NT workstation, review the CCU configuration changes to load profile. • Acceptance Criteria: — Status changes should be correctly reflected in the GIHP administration program or the NT workstation. 5.7.4 Network Battery Backup Tests • Action: — With the batteries fully charged, disconnect the AC power from the CCUNCN by removing the power cable from the battery box or operating a City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 9 of 33 I _s switch to the CCU/NCN power source. Leave in this state for approximately eight (8) hours. — Verify communications to the CCU/NCN during battery operation. — Following the eight (8) hour test period, power may be restored. • Data Review: — The GIHP REPORTS/SYSTEM REPORTS screens may be reviewed following the next read interval to verify that all of the ERT meter readings were properly received. — Review of the meter readings listing will demonstrate that meter readings continue to be received during the battery backup condition. • Acceptance Criteria: — No meter reads are lost during the eight (8) hour test period due to operation on battery backup 5.7.5 Network Communications Reliability Test • Action: — Disconnect the communication link between the GIHP and the CCU/NCN for 2 hours, one hour before and one hour after a scheduled read. — Restore the link following the test period. • Data Review: — Demonstrate that meter readings are no longer being received by the GIHP until the link is re -connected. • Acceptance Criteria: — When the link between the GIHP and the CCU/NCN is re -connected, the CCU/NCN begins to forward data to the GIHP. No readings will be lost during the time the link between the GIHP and the CCU/NCN was disconnected. 5.7.6 CCU and NCN Failure Test • Action: — Disconnect the communication link and battery backup an individual NCN and CCU for 2 hours, one hour before and one hour after a scheduled read. — Restore the link following the test period. • Data Review: — Demonstrate that communications(meter readings) are no longer being received by the GIHP. — Using various functions of the GIHP administration program or the NT workstation, review the database for redundancy of meter reads. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 10 of 33 Z — Using various functions of the GIHP administration program or the NT workstation, verify that the GIHP received a CCU/NCN failure flag. • Acceptance Criteria: — The GIHP will report a CCU/NCN failure flag — The GIHP will clear the flag when the CCU/NCN have network and power restored 5.7.7 SAT re -testing • CSWC may correct, replace, or modify any SAT hardware, software or applications within 30 days and retest that portion of the SAT. At the request of the City, CSWC will re -run the entire SAT. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 11 of 33 1 .9 6.0 Install SCADA System CSWC will install a Supervisory Control And Data Acquisition (SCADA) system for Georgetown. The SCADA system shall have a two-way, digital communications configuration. The SCADA system will provide services for the electric, water and wastewater utilities. The SCADA system shall be capable of providing distribution automation operations such as fault isolation, substation data retrieval and capacitor bank switching. The SCADA system shall be capable of providing water distribution automation such as motor and pump activation/deactivation. The SCADA system shall be capable of providing wastewater collection automation such as lift station wet well monitoring and motor or pump activation/deactivation. Communications between the computer substations and the remote sites shall be via a 900 MHz radio infrastructure. 6.1 Hardware The SCADA system shall utilize products manufactured by Motorola. The Remote Terminal Units (RTU) and field interact units shall be from the MOSCAD family of products. Radio infrastructure shall include one (1) warm switch -over master radio and remote data radios for all remote sites. The radios shall be from the DARCOM series of products. The SCADA system shall consist of four (4) computer stations which will monitor and control four (4) water well sites, four (4) water pump stations, three (3) elevated storage tanks, three (3) water treatment plants (monitoring only), three (3) wastewater treatment plants, twenty (20) sewage lift stations and four (4) electrical substations. The SCADA system configuration and sizing is shown in the RTU I/O Table below: Site Location RTU NO. Digital Inputs Digital Analog Inputs Analog Outputs Outputs Well Nn 1.C7 1 !7,% iii-ii n......_ in% ITr_11 >t______ ..,. - k-) - cif r u111Y W w un rulIIp l2) Spares ruture Run Status Control (2) HOA Status (2) Phase Failure (2) Spare (2) Spare (8) Total (4) Total (2) Total Future Well No. 5 2 (1) Well Pump (1) Well Pump (2) Spares Future Run Status Control (1) HOA Status (1) Phase Failure (5) Spare (3) Spare (8) Total (4) Total (2) Total Future City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 12 of 33 Site Location RTU NO. Digital Inputs Digital Analog Inputs Analog 1I7 XT.. A -1 i.I Outputs __ _ Outputs .. U.. �. �. , k i) Well Pump (1) Well Pump (2) Spares Future Run Status Control (1) HOA Status (1) Phase Failure (5) Spare (3) Spare (8) Total (4) Total (2) Total Future Well No. 4 4 (1) Well Pump (1) Well Pump (2) Spares Future Run Status Control (1) HOA Status (1) Phase Failure (5) Spare (3) Spare (8) Total (4) Total (2) Total Future Lift Stations 5-24 (2) Pump (2) Control (2) Spares Future 1-20 (typical Status Over -ride for ea.) (2) HOA Status (1) Hi Wet Well (1) Lo Wet Well (2) Spares (8) Total (4) Total (2) Total Future Southside 25 (4) Pump Run (4) Pump Run (1) GSR Level Pump Stat. Status Control (1) Intrusion (4) HOA Status (7) Spares (12) Spares (7) Spares (16) Total (16) Total (8) Total Future Rabbit Hill 26 (2) Pump Run (2) Pump Run (1) GSR Level Future Pump Stat. Status Control (1) Intrusion (2) HOA Status (11) Spare (14) Spare (7) Spare (16) Total (16) Total (8) Total Future Sequoia Pump 27 (3) Pump Run (3) Pump Run (1) GSR Level Future Stat. Status Control (1) Intrusion (3) HOA Status (9) Spare (13) Spare (7) Spare (16) Total (16) Total (8) Total Future City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 13 of 33 r Site Location RTU NO. Digital Inputs Digital Analog Inputs Analog �t Outputs Outputs haporl rump Lb ko) rump Kun (b) rump Kun (1)USKLevel Future Stat. Well Status Control 7&8 (2) Intrusion (6) HOA Status (2) Spare (12) Spare (7) Spares (16) Total (16) Total (8) Total Future Berry Creek 29 (1) Well Pump (1) Well Pump (1) GSR Level Future Plant Run Status Control (1) HOA Status (1) Phase Failure (5) Spares (2) Spares (1) Spare (8) Total (4) Total (2) Total Future Leander EST 30 (8) Spares (4) Spares (1) EST Level Future (1) Spare (8) Total (4) Total (2) Total James St. 31 (8) Spares (4) Spares (1) EST Level Future EST (1) Spare (8) Total (4) Total (2) Total Future Central EST 32 (8) Spares (4) Spares (1) EST Level Future (1) Spare (8) Total (4) Total (2) Total Future Park Water 33 (8) Spares (4) Spares (2) Flows Future Plant (8) Total (4) Total (2) Total Future Lake Water 34 (8) Spares (4) Spares (2) Flows Future Plant (8) Total (4) Total (2) Total Future San Gabriel 35 (8) Spares (4) Spares (2) Flows Future WWTP (8) "Total (4) Total (2) Total Future City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of V, ~k CSWC Page 14 of 33 Dove Springs 36 (8) Spares WWTP (8) Total (4) Spares (2) Flows (4) Total (2) Total Future Future City CSWC i A Site Location RTU NO. Digital Inputs Digital Analog Inputs Analog i2o d" 1. '1'7 /O\ C1�_�__ Outputs 1AX Outputs „a.■ ..Y %-I ccn i `O) Spikes k4) Spares kz) r lows Future WWTP (8) Total (4) Total (2) Total Future Gabriel 38 (56) Analogs Substation (56) Total CHF Brady 39 (24) Analogs Substation (24) Total Geotown 40 (48) Analogs Substation (48) Total Glasscock 41 (24) Analogs Substation (24) Total COU Dispatch 42 FIU W/300 CPU MODBUS Driver COU By Modem Administration Pumping By Modem Office Park W.T.P. By Modem Office CSWC will provide and install four (4) computer stations for the SCADA system. The specifications for the computer stations for the City SCADA system are listed below: COMMUNITY OWNED UTILITY DISPATCH OFFICE (1) NEC P 13 3 -13 3 MHz computers with, 32 MB RAM, 1.2 GB hard drive, (1) 3.5" 1.44 MB disk drive, (1) 6X CD-ROM drive, (1) Writeable CD-ROM, (2) parallel ports, (3 ) serial ports, mouse, keyboard, and 17" NEC Vivitron color monitor. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 16 of 33 Note: An upgrade to a 20" monitor is available for an increase in cost COU ADMINISTRATION OFFICE PARK WATER TREATMENT PLANT PUMP DEPARTMENT OFFICE (3) NEC P 13 3 -13 3 MHz computers with 32 MB RAM, 1.2 GB hard drive, (1) 3.5" 1.44 MB disk drive, (2) parallel ports, (3) serial ports, mouse, keyboard, and 17" NEC Vivitron color monitor. Note: An upgrade to a 20" monitor is available for an increase in cost 6.2 Software The SCADA system will be installed in accordance with the timeline agreed to in the preconstruction meeting minutes. CSWC will deliver and install the following software as part of the SCADA system: • Four computer stations utilizing WONDERWARE graphical software (NT Version). • Four copies of WONDERWARE specifications and documentation 6.3 CSWC Provided Services CSWC will provide the following services for the SCADA system: • Installation of the SCADA system hardware and software • Creation and delivery of the SCADA system design documentation • PC software development, configuration of Graphical User Interfaces (GUI) representing RTU location and implementation • Four (4) copies of Wonderware specifications and documentation • Installation and electrical connection of all furnished products • SCADA system calibration, check-out and start-up services • Three (3) instructor days of training will be conducted at the City's Community Owned Utilities Facility and include SCADA system operators, supervisors and management employees on the operation and maintenance of the SCADA system • Creation and delivery of four (4) sets of as -built documents and O & M manuals 6.4 City Provided Services The City will provide the following equipment and services at a mutually agreed upon the time and place and in such a manner as determined by CSWC. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 17 of 33 • The City will provide site access to ensure successful installation of the SCADA system. • The City is responsible for all costs and service required to ensure that all required sensors (level transmitters, flow meters, etc.) are existing and in good operating condition. • The City shall obtain required modifications (with CSWC assistance) to the existing FCC 900 MHz license to allow the use of such frequency for this SCADA system application. • The City is responsible for all costs and service required to ensure that all treatment plant influent and effluent flow meter signals are accessible at one common point within each plant. • The City is solely responsible for all cost associated with the construction and installation of all facilities required to inter -connect the four computer systems. Note: Trenching or excavation which may be required to obtain subject flow meter signals is not included in this Agreement. 6.5 SCADA Acceptance Plan • CSWC will supervise a factory burn -in test of the SCADA system components prior to shipment to the City. • CSWC will provide the City with Motorola's standard specifications. • CSWC and the City will verify the proper operation and configuration of the SCADA system, GUIs, RTUs, and each analog and digital I/O connection. • The SCADA system will meet the Motorola specifications after installation. 7.0 Fixed Wireless Network and Energy Management Solution CSWC will deliver, install, configure and test a Utility Management System as described below. The Utility Management System will consist of the latest versions of the hardware and software at commencement of full deployment and CSWC will replace all equipment installed as part of the SAT test, if necessary. The expected completion date for this installation is March 1, 1998. CSWC's obligations to complete the Utility Management System are subject to the City performing its obligations as defined in Section 7.5. 7.1 Fixed Wireless Network Hardware CSWC will deliver and install the following hardware at the City's Computer Center: • One (1) GIHP City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 18 of 33 — One (1) IBM RISC 6000 CPU. There will be an increase in the System Installation Cost in the amount the cost of the IBM RISC 600 OCPU exceeds the budgeted amount for one (1) DEC AlphaStation.... CSWC recommends the purchase of redundant hardware for the IBM RISC 6000 CPU. 2 GB system disk 16 GB data disk (approximately 75 days data storage) 10 GB 8mm DAT tape drive — 128 MB RAM — 600 MB CD-ROM drive SCSI — Ethernet 100 Base T Card — 2 serial / 1 parallel port — One (1) Uninterruptable power supply with automatic shutdown (I I OV input) — One (1) 21 " color monitor — One (1) 300 DPI laser printer • Two 28.8 BAUD MultiTec modems • 450 CCUs (120V operation), brackets, cables & mounting kits... CSWC recommends 5 spare CCUs, be purchased for . inventory • 2 NCNs (120V operation), rack or cabinet mount, cables, and other associated hardware... CSWC recommends 1 spare NCN be purchased for inventory NOTES: (1) NCN/CCU quantities and pricing are based on engineering estimates for a 28 square mile coverage area. Quantities may vary upon completion of Network design, propagation study, location of poles, towers and lighting standards, and topography. Any increase or decrease in actual units installed as compared to the estimates will require a change order. (2) The standard GIHP/NCN communication configuration will include cable modem connections utilizing Williamson County CableVision's two cable network. CSWC will not be responsible for the upgrade of Williamson County CableVision's network to two-way or its reliability. (3) Pricing for all spares are is included in the System Installed Cost. CSWC will request a change order under Agreement A for any spares required or delivered. 7.2 Fixed Wireless Network Software CSWC will deliver and install the following software at the City's Computer Center office: • GIHP software including: — Database access software — GUI interfaces * Administration software • System Network manager City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope a "Work CSWC Page 19 of 33 19 Utility Management Basic Billing System Software for billing data retrieval WAN interface software (serial port or DDS software) which will migrate to broadband as the System comes on line Oracle database (8 user license) Microsoft® Windows NT Workstation software Microsoft Office Professional (2 copies) • The GIHP software will enable additional users on connected NT workstations to execute the GIHP application software. CSWC is not responsible for WAN or connections to NT workstations. • CSWC will provide the City Utility Management Basic Billing System Software application that will allow the City to create a disk file (in a format specified by the city) that contains all meter data necessary to bill their customers. — A formal requirements document will be developed with the assistance of the City. — The source code will be designed and the billing application fully tested pursuant to Section 8.0 of this Exhibit 1 to ensure that the application works properly with the GIHP and the City's billing system. — CSWC will provide all source code and written documentation to the City. — CSWC will provide telephone support for the Utility Management Basic Billing System Software during the hours of 8:00 a.m. to 5:00 p.m., Central Time, Monday through Friday, exclusive of state and federal holidays, for a period of one (1) year beginning upon completion of the intermediate system tests required pursuant to Section 8.0 of this Exhibit 1. CSWC's telephone support services consist of advice regarding proper operation and maintenance of the software. CSWC will also provide on -site software support to include training, code fixes, and periodic software updates issued by CSWC during the one (1) year period beginning upon completion of the intermediate system tests required pursuant to Section 8.0 of this Exhibit 1. — The CSWC Utility Management Basic Billing System Software will be written using Microsoft Visual Basic or Microsoft Visual C++. 7.3 Utility Management Hardware CSWC will deliver and install the following hardware: • A maximum of 10,000 externally located electric ERTs® • A maximum 91500 externally located water ERTs® • One (1) NEC P 13 3 MHz NT Workstation — 32 MB RAM City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 20 of 33 — 1.2 GB HD — 14" Color Monitor 7.4 CSWC Provided Services CSWC will provide the following equipment and services: • Project management • Propagation study and Network engineering for design and installation • Installation, testing and configuration of the Network, GIHP and ERTs® • 600 ABB AD 1 electronic meters for the City's 600 poly -phase customers • Training will be provided upon completion of intermediate test and conducted at the City's Facilities. 1) General overview training 1 days 10 people 2) Detailed System, Network and operations training 5 days 4 people 3) Applications training 2 days 10 people 4) Installation training 1 day 6 people 1) General System Overview: Including: — Network Concepts and Theory Hierarchical, distributed intelligence, non real time, store & forward Utility Information Requirements * Daily, complaint resolution, revenue theft, Network status, load planning — Applications * Meter reading, distribution automation, demand management - examples — System Architecture * GIHP - WAN - NCN/CCU, frequency re -use — Licensed Radio * Technology comparison, higher/lower frequency, spread spectrum, unlicensed — Fault Tolerance * Both up and downstream, multi -message management, fault notification — Equipment Description (GIHP, NCN/CCU,ERT®) City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope c" Work CSWC Page 21 of 33 5) Detailed System, Network and operations: Including: — Network Concepts and Theory * Hierarchical, distributed intelligence, non real time, store & forward — System Architecture * GIHP-WAN-NCN/CCU, frequency re -use — Operating Characteristics and Parameters — Network Configuration Records * Customer ID and location assignment, Network architecture — Alarms * What monitored, how displayed and notified — Traffic * Typical requirements, capacity discussion — Portable Test tools * Applications, functions, operation — Network Maintenance * Alarm management * Network testing — System Monitoring * Traffic levels — Network Performance monitoring * Message loss rates, error rates, fault tolerance — GIHP Concepts * Separate applications platform, database and Network gateway — Network Administration * Adding/removing ERTs® * Device configuration — Operating Characteristics and Parameters — System Configuration — Log -in and Passwords — Basic Application Operation 6) Applications: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 22 of 33 ` l ' Including: — Network overview and status — AMR ,TOU and polled — Logical connect/disconnect — Tamper detection — Outage detection — Load profile — Reports and their configuration 7) NCN/CCU/ERT@ Installation: Including: — Installation of ABB AB 1 electric meters with — ERT modules — Installation of retrofit ERTO modules into existing electric meters — Installation of the ERT@ modules for water meters — Field installation of electric and water ERTs@/meters — Test and verification procedures for ERTs@ • CSWC will provide on -site or remote operational support for a period of 30 days after completion of the Final System Test. Operational support includes: — Trouble shooting — Technical support — Phone support 7.5 City Provided Services The City will provide the following equipment and services at a mutually agreed to and place and in such a manner as determined by CSWC and the City: • Supply approximately 3000 electric meters that are for meters not retrofittable with ERTs@ and a working inventory of electric meters (types and numbers to be determined) • Supply and install all Precision water meter encoders (Pulse or ECR2 format), water meter pit enclosures and pit covers, if required, and other hardware associated with unusual or difficult water pit locations for the installation of the water ERTO • Network installation support (bucket truck, serviceman if required) • Customer notification support (particularly commercial and industrial customers) City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 23 of 33 v • Data base entry of ERT® and customer information • Acquire 900 MHz license with CSWC assistance • Use of poles, towers, easements, and other appurtenances necessary and desirable for installation of the Network and ERTs® • Electric meter enclosure seals and electric meter tab seals • Any electric or water meter testing required • Computer System administration from a Windows NT Workstation connected to the GIHP via a LAN/WAN. — GIHP configuration management, examples would include: * Adding/removing ERTs® * Data input for newly installed electric ERTs® (i.e., name address, meter number, etc.) Data input for newly installed water ERTs® (i.e., name, address, meter number, etc.) * Any changes in the time -of -use scheduling or rates * Periodic GIHP data backups and archiving * User security (i.e., changes in password for customer service representatives) Add or delete users from the System Purging the GIHP database • Additional PCs with Windows NT 3.51 • Any costs associated with the extension of Williamson County CableVision's network to the NCNs and any costs associated with the upgrade of Williamson County CableVision's network to two-way. NOTES: The electric ERTs® are designed to retrofit all current generation FORM 2S electric watt-hour meters and ABB AID poly -phase meters. The water ERTs® are designed to retrofit into Precision water meter encoders. 7.6 System Functionality BASIC SERVICES The following services and their corresponding functionality are included as part of the delivered System. The System provides for the population of the database and all associated network management, database management, message routing, message scheduling and RF network control. The System does not include any City specific utility or customer management applications. The System does include the following features (services) that will be available at the GIHP and the NT workstations: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 24 of 33 • CONSUMPTION METER READING: Provides complete meter reading of all electric, and water meters. Assigned billing intervals allow same -day billing for any account at any time. — Electric and water ERTsO for residential, commercial and industrial customers can be configured for up to four (4) meter reading per day with correlated profiles for every meter. — Peak demand and time of peak information for commercial and industrial electric customers will be provided through the ABB Alpha AID meter as the measure of the highest rolling fifteen (15) minute average of demand (M). — Consumption data that can be shown for each account includes: read date, read time, meter reading value, consumption (since prior reading) and tamper status. — The electric and water meter ERTsO can be polled to provide current dial readings. The ERTsO may be polled at any time and will respond within a maximum of 30 seconds. — History data can be stored in the database, where it is accessible, and can be printed as database reports. — Custom billing cycles can be configured from the GIHP. • FLEXIBLE TIME -OF -USE (TOU) RATES: The Genesis ITRONTM System offers up to four (4) different TOU rate classes to allow the City the option of offering multiple TOU tariff structures to meet residential, commercial, and industrial customer needs. — The Genesis Fixed Network associates a reading schedule with each valid TOU rate class. Each of the rate classes is supported by the TOU mode of a ERT@ metering device. An ERTO unit in TOU mode collects usage data in up to four (4) different rate categories such as on -peak, off-peak, and shoulder peak(s). Each category can be of any duration in fifteen minute increments. — The reading schedule is maintained within the Cell Control UnitTM (CCU). The CCU is an intelligent communications controller containing a microprocessor and a real-time clock and acts as the first data collection point from the electric, or water meter ERT. — The TOU schedule can be established by the fixed network, assigned to the appropriate ERT or ERTs, and downloaded using the fixed wireless network to the appropriate CCUs. — The CCU reads the meter on the specified TOU schedule, then sends the TOU data to the Genesis ITRON Host Processor (GIHP). City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope ur Work CSWC Page 25 of 33 f u t The GIHP then stores the TOU data in a database and it becomes available for display and recording as requested. Historic TOU data can also be stored in the database. The user can display data or receive reports from the database. The TOU function can be enabled and disabled to accommodate customer's changing participation in a TOU program. The utility simply downloads a TOU disable command and the ERT® changes its operating mode to function as a ERT® (the standard automated meter device) and provide all the normal AMR functions except for the TOU operation. OUTAGE DETECTION/RESTORATION REPORTING: Provides accurate reporting of power outage conditions. The power restoration verification capabilities reveal secondary (downstream) outages and eliminate customer call- backs. — Genesis Outage Detection uses the same infrastructure, the Genesis Fixed Network, that is used for customer metering. Therefore, it can be implemented without any additional field equipment. Outage Detection uses the distributed intelligence of the neighborhood CCU. — When a CCU loses power, it immediately reports this condition to the GIHP. Power outage detection from a CCU also has a programmable threshold range of 5 to 60 seconds. Any outages less than the programmable threshold do not generate an outage report. — When power is restored to an area, the CCU immediately senses the presence of AC power. A restoration message is transmitted three (3) times' (at random within each of the next five (5) minute intervals) to confirm that the outage condition has been corrected. The message also indicates the restoration time (the time the ERT® acquires synchronization the first time after actual restoration). — CCUs may be programmed to pole selected ERTs located on the secondary side of electric distribution transformers to provide more localized outage detection information. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 26 of 33 r u • • LOAD PROFILE: Allows you to initiate load profile assignments and to monitor, store and display load profile data. Flexible assignments lets you obtain a profile on any account. — The GIHP provides the ability to place any meter equipped with an ERTTM on a load profile schedule at any time, which allows meeting constantly changing profile data collection needs. — Creation of groups is possible to access load profile data for an entire group of meters. — Load profile associates a reading schedule with each ERT for which load profile data is requested. The parameters include: start date, start time, stop date, stop time and monitor interval. Monitoring intervals range from a minimum of one minute to one hour. Once established, the scheduled parameters are downloaded via the fixed network to the neighborhood CCU. — The CCU reads the meter at the needed times and then sends the data to the GIHP. The GIHP stores the load profile data in a database. Once in the database, he load profile information is available for viewing and reports can be printed. • TAMPER MONITORING AND REPORTING: Provides complete remote tamper monitoring and reporting of all electric, gas and water meters. Losses due to theft can be minimized immediately. — Each ERT meter module has a built-in tamper indicator. For water meters, the ERT monitors magnetic and tilt tampers. For electric meters, it monitors meter tilt and removal tampers. — When a tamper occurs, the tamper counter on the ERT is activated and is transmitted each time the ERT is read by the Fixed Network. If the current tamper count obtained differs from the tamper count obtained on the previous read, a tamper is reported. — Tamper alarms are reported each time the meter is read and when a tamper is detected. Accounts can be more closely be monitored by initiating a shorter read interval. This allows for closer monitoring of suspected tamper conditions. — The GIHP stores tamper history information and can be viewed or printed in report form • LOGICAL CONNECT/DISCONNECT FOR ELECTRIC AND WATER METERS: Provides a logical way to perform first and final reads, and remotely monitor accounts for usage. — Logical connect/disconnect service permits the City to remotely connect and disconnect a meter at any time. — When a customer calls for a service disconnect, the meter can be read in real time by the customer service representative at the City's utility headquarters. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 27 of 33 The meter can be assigned a maximum allowable consumption for that premise. In addition, a read interval is established for the meter, such as once a day. When the consumption value is exceeded, an alarm is triggered and sent to the GIHP for reporting. • UTILITY MANAGEMENT BASIC BILLING SYSTEM SOFTWARE: Provides a GUI interface with the necessary functionality to create a disk file containing metering information necessary for the City to bill customers on existing of TOU rates. — The file can be built on a single meter, meter reading route, a billing cycle, a list of customers or for all customers. — The output will be in a format specified by the City. — The format may be specified for standard and TOU billing. — A second format for TOU data can also be developed. • SUMMARY REPORTS: Provides reports which may be displayed on the console, saved to a file for printing or use by another program, or for printing on a printer connected directly to the GIHP processor. The reports for a selectable date range are: — Configuration changes for all customers. — Electric and water meter reads by customer — Electric and water meter reads by date — Electric power outages for all customers — Electric power outages for a single customer Electric and water load profile in rotations by customer — Logical connect/disconnect usage — Tamper monitoring and reporting by customer and date — Connect/disconnect exception report by customer and date 8.0 Intermediate and Final System Test CSWC will provide for the installation and testing of the GIHP System and its associated interfaces. SAT procedures will be utilized for the Intermediate and Final Test. The Intermediate test will be conducted after the installation of 1000 electric meter ERTs® and the installation of 1000 water meter ERTs®. Should the City's retrofit of Precision water meter meters lag behind the installation of water meter ERTs®, then additional electric meter ERTs® will be added to bring the total number of ERTs® to be tested to 2000. The System will consist of a minimum of one NCN, CCUs to support the meters installed, IBM RISC 6000 GIHP hardware and software, interfaces to NT workstations at the Utility Billing Office and Community Owned Utilities Dispatch Office, interfaces to the City's billing system and City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope , Work CSWC Page 28 of 33 interconnection with Williamson County CableVision broadband system. The Intermediate test will not include testing of the ABB A 1 D poly -phase meters. A 1-3 day time frame is expected to complete the test. The Final System Test will be conducted after the installation of two NCNs. CCUs to support the installed meters, IBM RISC 6000 GIHP hardware and software, interface to NT workstations at the Utility Billing Office and Community Owned Utilities Dispatch Office, interfaces to the City's billing system and interconnection with Williamson County CableVision broadband system. The Final System Test will consist of 10,000 electric meter ERTs® and completion of installation of the maximum number of Precision water meters installed on the date that CSWC completes the installation of 9,500 water meter ERTs@. A 5-7 day time frame is expected to complete the test. Intermediate and final System testing will consist of the following: ERTO, Network, GIHP, Network administration and Utility Management Basic Billing System Software functionality. 8.1 System functionality to be tested CSWC will perform a test of the below described ERTO,Network, GIHP and Utility Management Basic Billing System Software functionality. 8. 1. 1 ERT@ Functionality • Automated meter readings for electric and water ERTs@ • Polled meter readings for electric and water ERTs@ 8.1.2 Network Functionality • Daily meter readings target 100% receipt of daily meter readings. There are several factors such as radio propagation, atmospheric conditions, foliage, customer intervention and others that contribute to the loss of readings. CSWC reserves the right to install additional Network infrastructure or install other technologies to overcome RF reception issues in meeting the task of reading all externally located City owned electric and water meters. • Issuing control commands to an individual ERT@ and have the ERTO change status (ex. from normal to load profile mode) • Issuing control command to a CCU and reading time -tagged events from the CCU • Demonstration of Network capacity by configuring all installed ERTs@ to report meter reads four times per day. Configuring 2% of ERTs@ to operate in the load profile mode. Configuring up to 10% (all customers with ERTs@ that have service disconnected) of all ERTs@ to operate in the logical connect/disconnect mode. 8.1.3 GIHP Functionality • Create a record for ERTs@ operating in the System. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 29 of 33 1 4,t 0 • Assign (utility identifier) customer information (street address) to each ERTO address. • Assign account information to each ERTOnetwork address • Assign meter information to each ERTO network address • Set ERTO to active or inactive mode • Ability to select a customer (from a list) and a data range (from pre -selected past 1 day, past 30 days or type in begin/end date) over which to review meter readings • Ability to poll water and electric ERTsO • Display of selected days meter readings • Display summary of meter readings • Display of current day's activity for a specific ERTO • Display of ERTO configuration information for a specific customer • Ability to configure TOU for individual customers and display TOU data by customer • Ability of the CCU to display outage detection flags and restoration messages • Ability to poll individual ERTs@ located on the secondary side of the electric transformer for outage detection • Ability to configure of load profile for individual customers and display load profile information by customer • Ability to display tamper detection flags by customer • Ability to configure reporting interval and display exception flags for logical connect/disconnect by customer • Generate a variety of summary reports which may be displayed on the console, saved to a file (for printing or use by another program), or for printing on a printer connected to the GIHP processor. The reports for a selectable data range are: — Configuration changes for all customers. — Electric and water meter reads by customer — Electric and water meter reads by date — Electric power outages for all customers — Electric power outages for a single customer — Electric and water load profile in rotations by customer Logical connect/disconnect usage — Tamper monitoring and reporting by customer and date — Connect/disconnect exception report by customer and date 8.1.4 Utility Management Basic Billing System Software Functionality • The file can be built on a single meter, a billing cycle, a list of customers or for all customers. • The output will be in a format specified by the City. • The format may be specified for standard and TOU billing. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of Work CSWC Page 30 of 33 8.2 Acceptance Test - Detailed Plan The following tests will be used as acceptance criteria for the intermediate and final System acceptance. All tests will be conducted by CSWC and the City. The intermediate and final System tests will be upon proper notice to the parties. 8.2.1 ERTO AMR Test • Action: — Verify communications with a randomly selected group of 100 electric and 100 water ERTsO. — Record the initial dial readings — Manually read the group of meters in the field at a time corresponding to the GIHP meter reading time. • Data Review: Using the GIHP software system and the NT workstation, review the GIHP REPORTS/SYSTEM REPORTS screen to verify that the manual readings taken at he field sites match the AMR readings. • Acceptance Criteria: — All manual meter readings shall match the AMR readings within the resolution of the manual meter 8.2.2 ERTO Polled Meter Reading Test • Action: --Verify communications with a randomly selected group of 100 electric and 100 water ERTsO. — Record the initial dial readings — Manually read the group of meters in the field and from the GIHP, poll each meter at a time corresponding to the manual reading. — Measure the response time for the meter readings to return to the GIHP • Data Review: Using the GIHP software system and the NT workstation, review the GIHP REPORTS/SYSTEM REPORTS screen to verify that the manual readings taken at he field sites match the polled readings. — Review the polled meter reading response times. • Acceptance Criteria: All polled meter readings shall match the manual readings within the resolution of the manual meter. — The response time for polled meter readings shall be less than 30 seconds. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of' `Vork CSWC Page 31 of 33 i '(A 0 8.2.3 Reception Test of Meter Readings • Action: — Verify the number of ERTs® installed and operating at the time of the test. • Data Review: Using the GIHP software system, verify the number of daily meter reads received during a 24 hour period. • Acceptance Criteria: — All daily meter reads of operating ERTs® will be received during the 24 hour period. — Repeat the verification for five consecutive days. 8.2.4 Test of Issuing a Control Command to a CCU • Action: — Issue a control command to ten (10) CCUs to have a selection of twenty (20) ERTs® change status from normal to load profile mode. • Data Review: Using the GIHP software system, verify the status of the CCU. • Acceptance Criteria: — The CCU status will reflect the change from normal to load profile mode. 8.2.5 Test of ERTs® Status Change • Action: Issue a control command to ten (10) CCUs to have a selection of twenty (20) ERTs® change status from normal to load profile mode. • Data Review: --Using the GIHP software system, verify the status of the ERTs®. • Acceptance Criteria: — ERTs® status will reflect the change from normal to load profile mode. --Repeat the test changing from load profile to normal mode. 8.2.6 Test TOU Functionality • Action: — Configure ten (10) CCUs with TOU rate schedules comprising of a maximum of four (4) rate tiers per schedule and select twenty (20) ERTs® per CCU for the TOU test. • Data Review: Using the GIHP software system, verify that the GIHP database is receiving the TOU meter readings. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scopc of Work CSWC Page 32 of 33 a 'A 0 • Acceptance Criteria: — The GIHP database will receive the correct TOU meter readings. 8.2.7 Test of Outage Detection • Action: — Simulate a power outage by disconnecting the electric power to ten (10) CCUs allowing the CCUs to operate on battery power. — Reconnect power to CCUs. — Select one (1) ERTs® per CCU located on the secondary side of the electric transformer to poll on a one (1) minute interval. — Disconnect power to the ERTs® to simulate a power outage • Data Review: —_Using the GIHP software system, verify that the GIHP has received power outage flags for each CCU. Using the GIHP software system, verify that the GIHP has received a no communication message flag for each ERT®. —_Using the GIHP software system, verify that the GIHP has received power restoration flags for each CCU. —_Using the GIHP software system, verify that the GIHP has received a communication restoration message for each ERM • Acceptance Criteria: — Each CCU will report a power outage and power restoration flag. 8.2.8 Test of Load Profile • Action: — Configure ten (10) CCUs with twenty (20) ERTs® with fifteen (15) minute load profile schedules and ten (10) CCUs with twenty (20) ERTs® with sixty (60) minute load profile schedules. — Conduct the test for two (2) hours. • Data Review: Using the GIHP software system, verify that the GIHP is receiving fifteen (15) and sixty (60) minute load profile data from the appropriate CCUs and ERTs®. • Acceptance Criteria: — The GIHP will receive load profile data from each CCU and ERTs®. 8.2.9 Test of Tamper Detection • Action: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement— Exhibit 1, Scope of "',)rk CSWC Page 33 of 33 — Simulate a tamper situation for twenty (20) electric meters by removing and reinstalling the meters. — Simulate a tamper situation for twenty (20) water meters by creating magnetic interference with the ERTs®. • Data Review: Using the GIHP software system, verify that the GIHP is receiving tamper detection flags from the appropriate ERTs®. • Acceptance Criteria: — The GIHP will receive all tamper detection flags. 8.2.10 Test of Logical Connect/Disconnect • Action: — Configure ten (10) CCUs for logical connect/disconnect and select ten (10) water and ten (10) electric ERTs® per CCU for the logical connect/disconnect test. — Establish a kWh exception report level and timing interval that will be exceeded. — Establish a gallon exception report level and timing interval that will be exceeded. • Data Review: Using the GIHP software system, verify that the GIHP is receiving logical connect/disconnect flags for those ERTs® that exceed the kWh exception levels. • Acceptance Criteria: — The GIHP will receive all logical connect/disconnect kWh exception flags. — The GIHP will receive all logical connect/disconnect gallon exception flags. 8.2.11 Test of Utili , Management Basic Billing System Software • Action: — Create a billing file for individual customer. — Create a billing file for a billing cycle. — Create a file for a list of customers. — Create a file for a billing route • Data Review: — Verify that the data is in the City specified format and that all the customer records and meter readings are present. — Verify that customer records and meter readings match the GIHP database on 200 customers. • Acceptance Criteria: City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope c Work CSWC Page 34 of 33 1At to — No errors in data or format. 8.2.12 Test of Network Capacity • Action: — Configure all installed CCUs to report meter reads four times per day. — Configure 2% of all installed ERTs® to operate in the load profile mode. — Configure up to 10% (all customers with ERTs® that have service disconnected) of all installed ERTs® to operate in the logical connect/disconnect mode. • Data Review: Using the GIHP software system, review the available capacity. • Acceptance Criteria: — Ninety (90) percent of network capacity is available 8.2.13 Test of Network Failure • Action: — Disconnect the communications link between the CCU and NCN and allow the data base to fill up. — Disconnect the communications link between the NCN and GIHP and allow the data base to fill up. — Reconnect the communications link between the CCU and NCN. — Reconnect the communications link between the NCN and GIHP. • Data Review: Using the GIHP software system, review the data from the CCU and NCN. 8.12.14 Re-testino, • CSWC may correct, replace, or modify any hardware, software or applications within 30 days and retest that portion of the Intermediate Test. At the request of the City, CSWC will re -run the entire Intermediate Test. • CSWC may correct, replace, or modify any hardware, software or applications within 30 days and retest that portion of the Final Test or any other associated and mutually agreed upon portions of the Final Test that did not previously meet the expected criteria. City of Georgetown, Texas/CSW Communications City Sale, Purchase and Installation Agreement — Exhibit 1, Scope of V.. -k CSWC Page 35 of 33 Council Meeting Date: 3/13/96 Item No. _K, AGENDA ITEM COVER SHEET Resolution to accept the 1996 Tax Appraisal Roll for the City of Georgetown as Tax Assessor -Collector. g presented by Paula J. Cockrum, �M-ST�'IMARY The Tax Assessor -Collector (the Collector) must receive approval by the CityCouncil of the 1996 tax roll. The tax roll is provided to the Collector by Williamson County Appraisal District. Theand submits the information, effective tax rates, rollback rates, and other requiredCollector verifies the tax roll information to the City of Georgetown. PE IAL ERA IONS None. N IAL IMPA T None. COMMENTS ATTACHMENTS Proposed Resolution. Susan L. Morgan, Director of Finance & Administration RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ACCEPTING THE 1996 TAX APPRAISAL ROLL AS SUBMITTED BY THE TAX ASSESSOR - COLLECTOR AND ESTABLISHING AN EFFECTIVE DATE. the GISD Tax Office is under contract to provide Tax Assessor -Collector services for the City of Georgetown; WHEREAS, the 1996 Tax Appraisal Roll will be used to calculate the City of Georgetown's tax levy rate; WHEREAS, the Tax Assessor -Collector, in performance of her duties, has submitted the 1996 Tax Appraisal Roll to the City; 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 Financial Policy 1 of the Century Plan Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business -like manner" 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 1996 Tax Appraisal Roll as submitted by the City's Tax Assessor -Collector is in all things adopted and approved. A copy of the roll is attached hereto as Exhibit A, and incorporated by reference herein. SECTION 3. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This resolution shall be effective immediately upon adoption. RESOLVED this 13th day of August, 1996. ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Resolution to Accept 1996 Tax Appraisal Roll Page 1 of 1 THE CITY OF GEORGETOWN: By: LEO WOOD MAYOR EXHIBIT "A" In accordance to Section 26.04 of the Texas State Property Tax Code I, Paula J. Cockrum, Tax Assessor -Collector, for the City of Georgetown respectfully submit the 1996 Appraisal Roll for approval by the Georgetown City Council. TOTAL APPRAISED VALUE - $ 888,841,417 TOTAL ASSESSED VALUE - $ 69913271069 TOTAL TAXABLE VALUE OF NEW PROPERTY $ 37,4001353 TOTAL TAXABLE VALUE OF ANNEXED PROPERTY $ 541203,885 TOTAL CERTIFIED TAXABLE VALUE - $ 655,454,582 *APPRAISAL VALUES OF PROPERTIES UNDER PROTEST- $ 54,963,831 *TAXPAYERS VALUE OF PROPERTIES UNDER PROTEST- $ 32,978,299 NET TAXABLE VALUE - TOTAL TAXABLE VALUE FOR 1996 (to be used for calculation of levy) * use lower of to calculate net taxable value Paula J. C krum Tax Assess /Collector $ 633,469,050 $ 633,469,050 I Council Meeting Date: August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Acceptance of the City's Investment Report for Quarter Ended June 30, 1996. The Investment Report for the Quarter Ended June 30, 1996 and the related schedules are attached. The schedules show (1) the investments outstanding as of 6/3 0/96 and their market value at that date; (2) the investment purchases and maturities for the quarter; (3) the Texpool and FGIC balances and discusses activity during the quarter; and (4) comparison of balances by quarter. SPECIAL CONSIDERATIONS The investment activity and strategies described in this report are in compliance with the City's Investment Policy and state law. FINANCIAL IMPACT n/a COMMENTS This item is presented in compliance with quarterly reporting requirements of the Public Funds Investment Act. ATTACHMENTS Quarterly Investment Report and Supporting Schedules Submi y: Micki Rundell, Accounting Director Susan L. Morgan, Director of Finance and Administration F: W GENDA\96NQTR3-rNv. CS MEMORANDUM DATE: August 5, 1996 TO: Mayor, Council Members and City Manager FROM: Susan L. Morgan, Director of Finance & Administration SUBJECT: City Investment Report for Quarter Ended June 30, 1996 Overview The attached reports include ► Investments Outstanding as of June 30, 1996, ► Transaction Listing - Securities and Transaction Listing - Investment Pools showing investment activity during the quarter, and ► Balance Comparison by Quarter Report. Cash and Investment Balances Overall the City saw a slight decrease in total cash and investment balances on hand from $18,438,858 as of March 31 to $18,334,929 as of June 30, 1996. The decrease is a seasonal decline due to property tax collections received in January 1996 that increased the March 31 balances and major capital projects in streets, stormwater drainage and other utilities that are in now process. The unrealized gain on investments as of June 30 was $9,101 as compared to $33,512 as of March 31. It should be noted that the City's investment strategy is to invest to maturity; therefore, no gains or losses from the sale of securities will be realized except in the event of an extreme emergency. Interest Rates Market interest rates have risen slightly since March 31, 1996. Industry market analysts predict rates to remain steady through the end of 1996, although high job growth rates and low unemployment figures announced for June may fuel inflation fears and raise rates slightly. Rates have been lower for most of fiscal year 1996 than in 1995. This has affected the City's yield; however, higher than anticipated balances available for investment will prevent any shortfalls in budgeted interest revenues. Activity Since 3/31/96 There has been little activity since March 31. The cash and investment balance will continue to drop slightly until a planned Fall 1996 bond issue to reimburse operating reserves for street projects already in process. Interest and principal payments of $2.5 million for general obligation and revenue debt is due in August 1996. New Cash Management Program During March 1996, the City implemented a depository zero balance accounting (ZBA) process that has increased interest income on City funds by approx. $1,400 per month. Hartland Bank, the city's local depository bank, has worked closely with staff in developing this system whereby the City maintains a much smaller cash balance at the depository, earning 4.5%, and wires funds from Texpool, earning approx. 5.3%, on an as needed basis to cover checks as they clear the bank. Future Strategies The City will continue its current investment program of investing all available funds with staggered maturity dates to minimize market and interest rate risk while providing adequate liquidity. Investment Pools Staff are continuing to evaluate alternate pools in the event that the Texas legislature should decide to discontinue Texpool at sometime in the future. Another pool is needed to allow the City to diversify its use of this type of investment vehicle by utilizing at least two pools and/or money market funds. We have curtailed our use of the FGIC money market fund due to its lower rate of return and limited cash management services. The Texas Local Government Investment Cooperative (LOGIC) and Lone Star Investment Pool appear to provide the City with the most options, security, yield and cash management services. No. Both pools are privately run entities, but meet state law and City investment policy Investment Report for Quarter Ended June 30, 1996 page 2 of 3 F.VNVESTUQTRRPT.MEM criteria set forth for investment of City funds. Both entities offer dollar for dollar net asset values, 90-day weighted average maturities and AAA ratings from at least one major rating agency. Both entities offer longer -term net asset value funds that the City may wish to utilize in the future to increase investment yield without decreasing liquidity. (Note: This type of investment is not currently allowed under our investment policy, but may be an appropriate vehicle in the future.) Investment with either entity will require City Council approval of an interlocal government investment cooperative resolution. Staff are still evaluating these two pools and anticipate bringing one or both to you for approval. Compliance Statement The investment activity and strategies described in this report are in compliance with the City$ i nd state law. , Accounting Director I ector of Finance & Administration page 3 of 3 CITY OF GEORGETOWN INVESTMENTS OUTSTANDING AS OF JUNE 30, 1996 Purchase Coupon Purchase Investment IleirleVal Unrealized Date Description MaturityYield Cost Yield fl.X30B GAIN/LOSS U. S. TREASURY SECURITIES: 05/15/96 U. S. Treasury Note 12/31 /97 5.25% 1,009,718 5.87% 5.. 8 . $ (21,288) Source: Debt Reserves 04/30/06 U. S. Treasury Note 04/30/97 6.50% 1,008,438 5.62% 4*OQS+IO (3,038) Source: Operating Funds (long-term reserve) 09/22/95 U. S. Treasury Note 10/31/96 6.88% 679,213 5.57% T113 (6,177) Source: Debt Reserves 03/21/96 U. S. Treasury Note 05/31/97 6.13% 269,466 5.63% >'59, (876) Source: Operating Reserves 02/23/96 U. S. Treasury Bill 01/15/97 8.00% 302,513 5.04% 298A1t (4,103) Source: Debt Reserves U. S. GOVERNMENT AGENCY SECURITIES: 11/03/95 Federal Home Loan Bank (FHLB) Note 08/26/96 7.70% 1,016,875 5.54% $*GG025C (14,225) Source: Operating Reserves 12/15/95 Federal Home Loan Bank (FHLB) Note 11/25/96 8.25% 901,863 5.51% 8l64 (13,239) Source: Operating Reserves 12/15/95 Federal Home Loan Mortgage Corp (FHLMC) Note 01/15/97 7.86% 348,234 5.52% >3D6a (5,174) Source: Operating Reserves 12/15/95 Federal National Mortgage Assoc (FNMA) Note 01/27/97 7.68% 409,188 5.52% `<t€fQ (5,788) Source: Operating Reserves 03/21/96 Federal Home Loan Bank (FHLB) Note 07/25/96 8.00% 302,672 5.30% (i13Qli (2,366) Source: Debt Service Funds 03/21/96 Federal National Mortgage Assoc Disc (FNMA) Note 07/30/96 5.16% 264,930 5.35% 26 2.4a 4,319 Source: Debt Service Funds 03/21/96 Federal National Mortgage Assoc Disc (FNMA) Note 07/30/96 5.16% 897,819 5.35% 925 14,637 Source: Utility Debt Service Funds 03/21/96 Federal Home Loan Bank (FHLB) Note 08/29/96 5.15% 747,381 5.35% .>63tXBB 15,707 Source: 95 Series TWDB Bond Proceeds 03/21/96 Federal National Mortgage Assoc Disc (FNMA) Note 09/24/96 5.14% 549,915 5.37% 5324 13,334 Source: 94 CO Proceeds 03/21/96 Federal National Mortgage Association (FNMA) Note 02/14/97 4.78% 997,725 5.61% :>>)QO (4,825) Source: Operating Reserves 03/21/96 Federal Farm Credit Discount Note (FFC) 03/17/97 5.24% 999,564 5.53% <`t)¢8 49,528 Source: Operating Reserves 03/21/96 Federal National Mortgage Association (FNMA) Note 06/10/97 9.20% 707,466 5.71% >7`titll9 (7,270) Source: Operating Reserves TOTAL INVESTMENT SECURITIES 11,412,978 <1#T421 .......................... ......................... .......................... ......................... .......................... 9,157 04/22/96 m HARTLAND ESCROW CERTIFICATE OF DEPOSIT 10/19/96 4.25% 903,516 ......................... .......................... ......................... .......................... ......................... FGIC 06/30/96 5.04% 359,417 <'$') TEXPOOL 06/30/96 ' 5.27% 5,529,396 55?4 (55) TOTAL INVESTMENT BALANCES 18,205,306 $1t214'07 $ 9,101 (2) CITY DEPOSITORY (HARTLAND) 06/30/96 4.50% 129,623 TOTAL CASH AND INVESTMENT BALANCES 06/30/96 $ 18,334,929 Balances and rates as of 06/30/96 Restricted investment of'95 Series Revenue Bond (TWDB) proceeds Funding of outstanding checks presented for payment, interest earned netted against bank service changes CITY OF GEORGETOWN QUARTERLY INVESTMENT REPORT - JUNE 30, 1996 RANSACTION LISTING - SECURITIES Purchase Discount / Purchase Investment Date Description Maturity Coupon C_ Yield Comments :.:::..:::..:::::..:.:...........:.....................::...:::::::::.:::.::. •.::..::::.:::::.::......... _..:::.....:.. _:.....:... _::.....:...:.::::::.::::.:.:::::.:::::::.:.::: •:::.:::.:.........:.::..::::.:.:.::..:...::. _.:....:.:..:::..::...:::.:::::::.:.::...:.: . 04/30/96 U. S. Treasury Note 04/30/97 6.50% $1,008,438 5.62% Reinvestment of matured Source: Operating Reserves (long-term) US T-NOTE 4/30/96 05/15/96 U. S. Treasury Note 12/31/97 5.25% $1,009,718 5.87% Proceeds reinvested Source: Debt Reserves 06/21/96 Hartland Escrow Certificate of Deposit 10/19/96 N/A $903,516 4.25% Restricted Series 95 Bond (TWDB) proceeds .:::::::::.::::::::: :....................::.:.•:::::::::.::::.::::::::.::.::._:•:::::::::.:::.:.:•:::::.•:::::::::..::.:::::.:.:::::..:.:::.:::.:::::.:.:::_:..:::::::::::.:::::::....::::.:.:::::::::::::..::::::::::::::::..:.::::::::::::.::::::::.:..::::::::: (�hA.:.:...:::..:::...:::.......................................................... .................................................................................... ........ 10/26/95 Hartland Escrow Certificate of Deposit 06/21/96 N/A $1,084,182 4.25% Proceeds reinvested 02/29/96 U. S. Treasury Note 06/28/96 5.63% $999,375 5.71 % Proceeds reinvested Source: Operating Reserves 03/19/96 Federal National Mortgage Assoc Disc (FNMA) 06/24/96 5.18% 295,813 5.34% Proceeds used for capital Source: 95 CO Proceeds (Stormwater) projects 05/23/94 U. S. Treasury Note 04/30/96 5.50% $994,297 5.81 % Proceeds reinvested Source: Operating Reserves (long-term) ALL SECURITIES REDEEMED AT MATURITY, THEREFORE NO GAIN OR LOSS WAS REALIZED (Any changes in market value during the quarter are within minimun guidelines unless noted) CITY OF GEORGETOWN QUARTERLY INVESTMENT REPORT - JUNE 30, 1996 TRANSACTION LISTING - INVESTMENT POOLS 95-96 95-96 95-96 1 st QTR 2nd QTR 3rd QTR Balance Martsst:ValU-e .....I ................. ................................................ Balance M.*k0t_V�ilue706113 ance I As�rlC0 Valura Description ........................ 12/31/95 t 1 't%95::: ............................................... 03/31/96 :: p31 :l9f6::::0/96 :::.M.019C:... Comments ........................ ........................ ........................ ........................ ........................ ........................ ..................... ........................ ....................... ........................ ....................... ........................ ........................ ........................ ........................ ........................ .....................I.. Texpool ........................ ........................ ........................ ........................ ...............I........ ...... ............ ........................ $7,263,623 T;264.547 ........................ ....................... ........................ ....................... ........................ ....................... ........................ $4,361,243 .4 i .M. ........................ ........................ ........................ ....................... ........................ ....................... ........................ ...................... $5,529,396 Sa . Current value per r $ 1 $ FGIC 3 9 671 9 67 $1, 3 t.,33......,........ 349 692 $ 3#9;69 359 417 :.#:: $ � ��a9,4T.. AAA Rated Pool - 1 r 1 v $ per $ value (Any changes in market value during quarter were within minimum guidelines unless noted) CITY OF GEORGETOWN . QUARTERLY INVESTMENT REPORT - JUNE 30, 1996 BALANCE COMPARISON BY QUARTER INVESTMENT BALANCES BY TYPE U. S. TREASURY SECURITIES U. S. GOVERNMENT AGENCY SECURITIES TEXPOOL FGIC HARTLAND ESCROW -CERTIFICATE OF DEPOSIT HARTLAND - Local Depository Balance Balance Balance Balance 09/30/95 12/31 /95 03/31 /96 06/30/96 $2,659,603 $2,659,603 $3,231,583 $3,269,347 $1,395,266 $4,870,975 $9,438,818 $8,143,630 $9,492,194 $7,263,623 $4,361,243 $5,529,396 $2,310,173 $1,339,671 $349,692 $359,417 $2,287,291 $1,053,032 $1,053,032 $903,516 $711,913 $443,356 $4,490 $129,623 Council Meeting Dater August t 13. 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Approve payment of unanticipated land purchase and improvements for the River Corridors Hike and Bike Trail in an amount not to exceed $20,000 from Council Contingency. ITEM SUMMARY After the project had started, additional right of way was needed from a property owner along the river corridor in order to allow the Hike and Bike Trail to proceed. The property owner required the City to purchase the property and make fencing improvements. The purchase price of the property is $12,000 and the improvements will not exceed $8,000. This expense could not have been anticipated during the project budgeting process; therefore, no funds are available for it. Staff requests that this expense be paid from Council Contingency. Any funds not needed for the improvements will remain in the contingency account. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT Available Council Contingency account balance as of July 31, 1996 is $65,000. COMMENTS none ATTACHMENTS none Submitted By: i Susan L. Morgan, Director of Finance and Administration �J Randy Morrow, Director of Parks and Recreation FAAGENDA\96\D0DSN-CC.CS Council Meeting Date: August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Approval of bids for irrigation system on new athletic fields. ITEM SUMMARY We received four bids on the irrigation system. Compuscape was the low bidder at $29,350.00. The irrigation system will be for the two soccer fields and one football field at the athletic complex. SPECIAL CONSIDERATIONS None. FINANCIAL IMPACT Total cost to do irrigation system is $29,350.00. The money will be taken out of the special revenue fund for Parks and Recreation. COMMENTS The irrigation system is very important so that the fields will have a good turf for tournament play. ATTACHMENTS 1. Breakdown of bids. Submitted by: Randy Morrow, Director of Parks and Recreation Terry Jones, Director of Purchasing I, oject No.: 20-0047, PCI #94501 ject Name: SAN GABRIEL RIVER PARK II - PACKAGE NO.7: IRRIGATIONd Date: anuary 24, 1996 at 2:00 p.m ro CONTRACTOR BASE BID 2. 3. hn6-&, rp- l al oilVo olo T- 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. u 16. 17. 18. 19. ' 20. R 21. 22. 23. 24. 125. CONTRACT AWARDED TO: com aMourrr P0. 3so Council Meeting Date: August 13, 1996 AGENDA ITEM COVER SHEET Item No. SUBJECT: Council award of the bid, from Borah, Inc., of Round Rock, Texas, to construct the North 81 12-inch Water Line Project, in the amount of $198,485.00. ITEM SUMMARY: On July 18, 1996, sealed bids were received and opened for the North 81 12-Inch Water Line Project. Roming-Parker Associates, the engineer responsible to handle the bid, confirmed that the bid, from Borah, Inc. of Round Rock, was the low bid and did conform to the specifications for the project. Therefore, staff recommends Council award of the bid, from Borah, Inc., to construct the North 81 Water Line Project in the amount of $198,485.00. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Fonds in the amount of $198,485.00 are to be paid from Account Number 661-101-6108-00. COMMENTS: NONE ATTACHMENTS: 1. Letter from Roming-Parker Associates 2. Bid Tabulation • Jim Briggs, Director Community Owned Utilities ROAMG - PARKER ASSOCIATES, L.L.P. CONSULTING ENGINEMRS 3513 Southwest H.K. Dodges Loop, Suite 103 Temple, Texas. 76502 (817) 773-3731 W. CLAY ROMING, P.E. WM. MACK PARKER, P.E. RICK N. KASBERG, P.E. July 25, 1996 Mr. Don M. Rundell, P.E. Manager, Systems Engineering Community Owned Utilities City of Georgetown 1101 N. College - P.O. Box 409 Georgetown, Texas 78627-0409 Re: City of Georgetown North 81 / Austin Avenue 12-inch Water Line. Improvements Georgetown, Texas Dear Mr. Rundell: Fax (817) 773-6667 JAMES E. LAUGHLIN, P.E. Staff Consultant Sealed Bids were received until 2:00 p.m. local time on July 18, 1996 at the office of Community Owned Utilities for the above referenced project. The Bids were opened publicly and read aloud. The tabulation of those bids are enclosed. The low, successful bidder for the project was Borah, Inc. of R6und Rock, Texas in the amount of $198,485.00. Our. opinion of probable cost for the project was $350,000.00 originally. As you remember, seven (7) days prior to the bid opening, city staff removed the 12-inch raw water line improvements from the bid request leaving the 12-inch potable line and appurtenances. We did not develop a revised opinion of probable cost. However, the low bid appears to be reasonable based on the work to be performed. Borah, Inc. has completed several utility -projects for the City of Georgetown recently that have been constructed successfully. We hereby recommend award _of the contract to Borah, Inc. Sincerely, o".. Wm. Mack Parker, P.E. WMP/tmm Enclosure BID TABULATION NORTH 81 /A US TINA VENUE 12-INCH WATER LINE IMPROVEMENTS JULY 18, 1996 - 2:00 P.M. CITY OF GEORGETOWN. TEXAS Bid Data Bidders Item No. Description Estimated Quard Unit Borah, Inc. P.O. Bar 2138 Round Rock Texas 78680 Griffin -Austin Co., Inc. P.O. Box 9 Manchaca as 78652 Unit Price Extended Prue Unit Price Extended Price A jPreparation of Right -of -Way 34 STA $100.00 $3 400.00 $300.00 $10,200.00 B Mobilization, Insurance & Bonds 100% LS $16,000.00 $16,000.00 $15,000.00 $15,000.00 C Traffic Control '& Barricading 100% LS $2,500.00 S2,500.00 $5,000.00 $5,000.00 D Trench W4 Plan - 1 100% LS $1,100.00 $1,100.00 $1,000.00 $1,000.00 E Trench Safety Implementation 3,420 LF $0.50 $1,710.00 $1.00 $3,420.00 F Trench Safety Implementation Bore Pits) 1,000 SF $0.50 $500.00 $0.50 $500.00 G Silt Fence Installation, Maintenance & Removal 4,000 LF $1.50 $6,000.00 $1.20 S4,8W.00 H Loamin ,' Hydroseeding & Erosion Control 11,000 Sy $0.30 $3,300.00 $1.30 $14,300.00 I Rock Berms_._.; 100 LF $15.00 $1,500.00 $15.00 $1,500.00 i 12-inch Cross 1 EA $450.00 $450.00 S600.00 $600.00 K 12-inch Tee 2 EA $350.00 $700.00 $500.00 $1,000.00 L 12-inch Plug with Blocking 4 EA $150.00 $600.00 $200.00 $800.00 M 12-inch 90' Bend with Blocking 2 EA $200.00 $400.00 $350.00 $700.00 N 12-inch 22'k° Bend with Blocking 3 EA $200.00 $600.00 $250.00 S750.00 O 12-inch II'k° Bend with Blocking 7 EA $200.00 $1,400.00 $250.00 $1,750.00 P 12-inch Gate Valve I I EA $900.00 $9,900.00 $1,000.00 $11,000.00 12-inch x 6-inch Tee 10 EA $350.00 $3,500.00 $500.00 $5,000.00 R 12-inch PVC Pi (C-900) 3,420 LF $24.25 $82,935.00 $27.00 $92,340.00 S 24-inch Encasement Pipe by Open Cut 40 LF $65.00 $2,600.00 $70.00 $21800.00 T 24-inch Bore & Encasement 150 LF $250.00 $37,500.00 $170.00 $25,500.00 U Standard 6-inch Fire Hydrant 6 EA $1,500.00 $9,000.00 $1,600 00 $9,600 00 V 6-inch Gate Valve 10 EA $400.00 $4,000.00 $500.00 $5,000.00 W 6-inch PVC Water Pi C-900 60 LF $19.00 $1,140.00 $23.00 $1,380.00 X 6-inch Plug with Blocking 4 EA $100.00 $400.00 $200.00 5800.00 Y 12-inch x 8-inch Tee I EA $300.00 $300.00 $400.00 $400.00 Z 8-inch x 8-inch Tee 1 EA $250.00 $250.00 $300.00 $300.00 AA 8-inch 45° Bend I EA $200.00 $200.00 $200.00 $200.00 BB 8-inch Gate Valve 1 EA $500.00 $500.00 $600.00 $600.00 CC 8-inch PVC Water Line (C-900) 20 LF 1 $20.00 $400.00 $25.00 $500.00 DD I'k=inch Water Tap -' 3 EA $350.00 $1,050.00 $500.00 $1,500.00 EE Gravel Driveway Replacement 135 LF $5.00 $675.00 $10.00 $1,350.00 FF S ecial Street Backfill &.Pavement Replacement 265 LF $15.00 $3,975.00 $20.00 S5,300.00 TOTAL BID AMOUNT $198,485.00 $224,890.00 Did Bidder Acknowledge Addendum No. I ? Did Bidder Provide Bid Security? I hereby certify that's 's i c cect and true tabulatic Wm. Mack Parker, P.E.' ping -Parker Associates, L.L.P. ' suiting Engineers Council Meeting Date: August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Council award of bid, for electrical distribution transformers for the Reata Trails #4 Subdivision, from Techline, Inc., in the amount of $$44,749.70. I TEM SUWARY : On July 16, 1996, bids were received and opened for Electrical Distribution Transformers for Reata Trails #4 Subdivision. McCord Engineering, the engineer responsible to handle the bid, confirmed that the low bid, received from Techline, Inc. was the low bid and did conform to the specifications as outlined. Therefore, staff recommends Council award of the bid, from Techline, Inc., in the amount of $44,749.70. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funds in the amount of $44,749.70 are to be paid from Account Number 611-101-6101-00. COMMENTS: NONE ATTACHMENTS : 1. Letter of recommendation from McCord Engineering 2. Bid Tabulation S Jim Briggs, Director Community Owned Utilities 08/05/96 MON 16:11 FAX 409 764 9644 McCORD ENG,INC 10002 r. McCORD ENGINEERING, INCS ' y C i i ' August 5, 1996 ! Mr. Jim Briggs Public Utilities Director City of Georgetown P.O. Box 409 7 1 Georgetown, Texas 78627-0409 RE: Electric Sys em Materials Bid No. 96031 - Electrical �r ' Distribution Transformer Bid for Reata Trails #4 Dear Mr. Briggs: ' On July 16, 1996 sealed bids for Electrical Distribution Transformers for Reata Trails #4 were opened and publicly read under Bid No. 96031. Attached hereto as Exhibit "A" for your review and consideration are bid evaluations of the seven (7) bids submitted for this project. We have reviewed and evaluated each of the bids received, and checked all unit extensions and totals for each of the bid submittals. Because there is a potential for substantial savings when purchasing low loss units, we asked each Bidder to provide bids on both standard loss transformers and low loss transformers, and we have provided an analysis of the initial cost savings for standard loss units versus the owning cost savings for low loss units. While the purchase price per unit for the standard loss unit is less, the owning cost savings, .which incorporates the wholesale power savings in terms of losses over the life of the transformers, are substantially greater than the initial cost savings for standard loss units. Since considerable savings can be realized in the owning cost of transformers, most electric utilities purchase transformers based on a Transformer Loss Evaluation. On the basis of review and evaluation of each of the bid proposals received, we recommend the City of Georgetown award the Electrical Distribution Transformer Bid for Reata Trails to the low Bidder, Techline, Inc., which submitted a bid in which they bid only low loss transformer units and was a satisfactory and conforming bid, as shown on the enclosed Exhibit A. „ Also enclosed herewith is the purchase order packet for the above referenced materials bid. 08/05/96 MON 16:12 FAX 409 764 9644 McCORD ENC,INC 0003 City of Georgetown August 5, 1996 Page 2 Please do not hesitate to let us know if any questions arise in reference to this bid solicitation and our recommendations made herein. We sincerely appreciate the opportunity to assist your City on this project, and are most thankful for the good assistance and cooperation extended us by your fine City Administration and Staff. Yours very truly, A ff. f"'nDT'1 V KT 0-INBERING, INC. ;ring Assistant er o City of Georgetown Exhibit A 08/05196 Specifications for Electrical System Electrical Distribution Dual Voltage Pad -Mounted Transformer Bid Evaluation Bid No. 96031 Standard Loss Transformer Bid Item A-1 Total Unit Item A-2 Item A-3 Item A-d Totals �o- Bidder Q Unit Bid Price $ Owning Total Unit Unit Bid Owning Unit Bid Total Unit Owning - Unit Bid _ Total Unit Owning Total Total Bid Cost $ Q Price $ Cost $ Price $ Cost $ Q Price $ Cost $ Owning Price $ Cost g 2 KBS Electrical Distribution Inc. 3 South Wa Electric Utili Service, Inc. 7 7 1,036.00 1,036.00 1,859.85 1,859.85 7 1,072.00 2,273.25 7 1 033.00 4 1,151.00 2,703.95 2 1,395.00 3,340.45 22 150.0fl 6 150-00 428.40 4 South Way Electric utilityService, Inc. 7 90fl.00 2 336.75 2,41fl.25 7 1 072.00 2,273.25 4 1,103.00 4 1,150.00 2,881.65 2 1,240.00 3,688.55 22 48 5 Temple, Inc. 7 1,343.00 2,083.65 7 1,507.00 2,428.70 4 1,718.00 2,702.95 2,962.20 2 1,395.fl0 3,340.45 21,194.00 49 762.70 6 Priesler-Mill, Nichols 7 7 1,030.0fl 981.00 1,990.55 2 025.85 7 1,235.00 2 566.00 7 1 017.00 2 849.65 4 1,147.00 4 1 087.00 3,298.45 3 019.45 2 2 2 2,207.00 1,505.00 1,271,00 3,926.15[20,876.00 3,539.1023,453.00 4 554.60 31,236.00 51 287 52 167.85 55�315. 50 7 Wesco Distribution Inc. 0 0 Go 0 .,..-40tgr-.,. -.era, lf� c City of Georgetown Exhibit B 08/05/96 Specifications for Electrical System Electrical Distribution Dual Voltage Pad -Mounted Transformer Bid Evaluation Bid No. 96031 Low Loss Transformer Bid Item A-1A Item A-2A Item A-3A Item A-4A Totals No. Bidder Q Unit Bid Total Unit Owning Unit Bid Total Unit Owning Unit Bid Total Unit Owning Unit Bid Total Uni# Owning Total Bid Total Price $ Cost $ Q Price $ Cost $ Price $ Cost $ Q Price $ Cost $ Price $ Owning Cost $ 2 3 South Way Electric Uti ' Service Inc. KBS Electrical Distribution, Inc. 7 7 1,080.00 1,080.00 1, 854.70 1,854.70 7 7 1,152.00 1,154.00 2,186.8Q 4 1,480.00 2,714.90 2 1,609.00 3,206.55 24,762A0 45,563.20 4 Wesco Distribution, inc. 7 1,132.00 1,808.20 7 1,226.00 2,188.80 2,283.85 4 4 1,482.00 1,296.00 2,716.90 2,532.10 2 1,609.Q0 3,206.55 24,784.00 45,585.20 5 6 Priesler-Mill, & Nichols Tem le Inc. 7 7 1,150.00 1 544.QQ 1,909.85 1,994,801 7 7 1,291.00 1,5(4.00 2,299.50 2 333.80 4 4 1,404.00 1 911.OQ 2,689.75 2 883.70 2 2 2 1,516.00 i,773.00 2 033.00 3,439.35 3,377.45 4,065.65 24,722.00 26,249.00 33 536.00 45,651.45 45,651.45 49 966.30 o� Council meeting August 13, 1996 Item No. - 0 AGENDA ITEM COVER SHEET SUBJECT: Consideration of a resolution to authorize a License to Encroach into the public utility easement located along the east property line of Lot 3A, Block 5, Unit Two, Serenada East, located at 706 Bosque Trail. ITEM SLTAMARY: All utility providers, including the Director of the Community Owned Utilities Division have agreed to allow a License to Encroach into the platted public utility easement to allow the proposed driveway to encroach into the subject public utility easement, as illustrated in Exhibit A. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. RECOM ENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Resolution Exhibit A Submitted Bv: zyz��z Edward . Barry, AI - Director Divisio of Develop ent Services Hildy L. l0ngma, AICP Chief Planner RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND WHITEHEAD HOMES INCORPORATED, PERTAINING TO THE ENCROACHMENT OF A DRIVEWAY INTO THE PUBLIC UTILITY EASEMENT LOCATED ON THE EAST PROPERTY LINE OF LOT 3A, BLOCK 5, OF UNIT TWO, SERENADA EAST SUBDIVISION, AS RECORDED IN CABINET K. SLIDES 49-50 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 706 BOSQUE TRAIL; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easement; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Whitehead Homes, Incorporated to encroach into the public utility easement, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in the proposed manner. 2. That there are no utilities which would interfere with the utilization of the property in the proposed manner. 3. That the proposed driveway is in such a manner that it would not be feasible to relocate it outside the public utility easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is compatible with other uses in the neighborhood; and Lot 3A, Block 5, Serenada East, Unit Two License Resolution No. Page 1 of 3 WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the proposed driveway is in such a manner that it would not be feasible to relocate it outside the public utility easement constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicant of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the existing structure that encroaches into the public utility easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development 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. Utilities/Energy Policy 2, which states: "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment;" and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Lot 3A, Block 5, Serenada East, Unit Two License Resolution No. Page 2 of 3 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with Whitehead Homes, Incorporated, pertaining to the encroachment of a driveway located on Lot 3A, Block 5 of Serenada East, Unit Two, commonly known as 706 Bosque Trail, into the public utility easement on the east property line. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney EXHIBIT A �o N 58' 25' 00" E i 1 C_..._. 10' P.U.E. 59' i Proposed Encroachment 15. \ 21 1 f jl VI N f � V 'v o 18' I RESIDENCE or i 18� r I TREES j� O -J 25' BLDG. LINE �© i S 58' 30' 30" lid 1 49' G.� Council meeting August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Final Plat of a 1.44 acre tract in the David Wright Survey, to be known as Business Square, located on Williams Drive south of Briarwood Drive ITEM SUNMARY: This Final Plat is consistent with the Preliminary Plat approved by the Planning and Zoning Commission and City Council in June 1996. The subdivision will create a legal lot for commercial development. Water service is available to the property, and private wastewater service must be extended to the site. Along with the Preliminary Plat approval, variances were approved for Business Square for lot width and lot depth to width ratio provided one (1) driveway only is permitted and it is a shared driveway with the adjacent property to the southeast, known as The Physician's Center Tract. A driveway access easement is shown on the plat consistent with this requirement. SPECIAL CONSIDERATIONS: None. FINANCIAL IWACT: None. CO S: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat of Business Square, provided the Technical Issues are addressed .prior to City Council consideration. The attached plat reflects the required revisions. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report and plat Submitted Bv: EdwardA. harry, AI - Director DivisioA of Developrhent Services Hildy L. gma, AICP Chief Planner FINAL PLAT OF A 1.44 ACRE TRACT IN THE DAVID WRIGHT SURVEY, TO BE KNOWN AS BUSINESS SQUARE, LOCATED ON WILLIAMS DRIVE SOUTH OF BRIARWOOD DRIVE OWNER/APPLICANT: Mr. David Hartman 1717 West 6th Street, Suite 110 Austin, Texas 78703 512/339-9771 AGENT: Mr. Don Bizzell, P.E. Steger and Bizzell Engineering, Inc. P. O. Box 858 Georgetown, Texas 78627 863-4521 FAX:863-4523 REQUEST: Final Plat of a 1.44 acre tract in the David Wright Survey, to be known as Business Square, as recorded in Volume 2348, Page 32 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located on F.M. 2338 south of Briarwood Drive. SEE EXHIBIT A Existing Site: Vacant lot. Existing Zoning: C-2A, Commercial First Height. Proposed Use: Commercial offices are proposed for this site. HISTORY: According to City and County records, the subject property was part of a six (6) acre tract that also included the property to the southeast. The property was illegally subdivided in 1989. The original tract included the 1.44 acre tract immediately adjacent to the subject parcel for which a preliminary plat known. as the Physician's Center Tract has been approved. A Preliminary Plat for Business Square was approved by the Planning and Zoning Commission and City Council in June 1996. Final Plat - Business Square August 7, 1996 FP 96-11/File: BUS-SQR.FP Page 1 CWHK ANALYSIS: The proposed subdivision will create a legal lot for commercial development. SEE EXHIBIT B Water service is available to the property through a 20 inch line along RM2338. Private wastewater service must be extended to the site. At the time of Preliminary Plat review, this wastewater service was being considered as a public line, so the full plat review process was required. Upon further consideration, the wastewater extension is to be built as a private line because it will serve only the subject property. Therefore, City review of the construction plans for this service is not required. This plat may be recorded upon approval of the Commission and Council, without construction of the wastewater line, or submittal of fiscal surety. Variances were approved for Business Square for lot width and lot depth to width ratio provided -one (1) driveway only is permitted and it is a shared driveway with the adjacent property to the southeast, known as The Physician's Center. A driveway access easement is shown on the plat consistent with this requirement. Technical Issues: The following Technical Issues must be addressed prior to City Council consideration of this Final Plat. If they are not addressed by August 16, 1996, or if the appicant does not concur with a delay to the City Council's consideration of the Final Plat to allow the Technical Issues to be addressed, the Final Plat will be forwarded to the Council with a recommendation for denial. Final Plat - Business Square FP 96-11/File: BUS-SQR.FP CM:HK 1. Add a plat note describing the variances granted for this property as follows: "Variances for this subdivision were granted to Table 34020 and Section 34020 C., thereby allowing the lot dimensions provided only one (1) driveway is permitted to this property and it is a shared driveway with the adjacent property to the southeast." 2. The plat shall indicate a proposed 20 foot wide easement centered on that portion of the proposed wastewater line that is off -site. The easement is to be dedicated by separate document and will be required prior to recordation of the Final Plat. The Final Plat shall indicate the document number of the easement dedication. 3. Remove plat note #19. Since the wastewater line will provide private service only, and the City has adopted impact fees, the Reata wastewater interceptor improvements contribution cost is no longer applicable. August 7, 1996 Page 2 STAFF RECOMViENDATION: Approval of the Final Plat of Business Square, provided the Technical Issues are addressed prior to City Council consideration. P & Z ACTION: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat of Business Square, provided the Technical Issues are addressed prior to City Council consideration. Final Plat - Business Square FP 96-11/File: BUS-SQR.FP CM:HK August 7, 1996 Page 3 IDWIFA BUSINESS SQUARE B..�.,8. �o ?s , .C" VERNA MAE WILLIAMS 480/54 2.905 A c OARYL DAMMAN 1826 / 572 i 1.03 AC.) 1.88 Ac. a°.� EXHIBIT B BUSINESS SQUARE - a 0 BRIARWOOD NZ G CAB. D IE MARVIN D. AND .� STEPHEN H. SCHWAUSCH X l _ �82g'3g814 0 �1' N4979 E O (N49'19'E Z Z N SEC1ION ONE III BLOCK A I ✓ l oy ` SUOES 337-338 I SNtiTH IIIASTATTD N�4 ✓oy� PRORp�T1ES ,ys I 200.00) X �E� _ 2.828.7522g (S49`►9W ' 200.07 z N49'19130 E I I 2D0.02') � ✓ 280.10 (N 4919' Fp ° S4 37j, O&S c°O o cn 1 'A�p ACA. HARTMAN f o 2348/32 tv 10' P41 E . 35"W iTl --� a S49"19` . . �•+ (S49'19'W N GI 00 F ti I J o �49) 4f, N 00 --IOf ON�F 1. - 10' B.L. r 493.14') 1 014 7 493.13 I I 493•20') ,s I I ' S� R 0, Council meeting August 13 1996 Item No. as AGENDA ITEM COVER SHEET SUBJECT: Consideration of a resolution to authorize a License to Encroach into the public utility easement along the east side property line of Berry Creek, Section Nine, Phase Three, Block A, Lot 45, located at 30410 La Quinta Drive ITEM SUNEWARY: All utility providers, including the Director of the Community Owned Utilities Division have agreed to allow a License to Encroach into the public utility easement along the east side property line for a driveway that- accesses a side entry garage as illustrated in Exhibit A. Although the driveway also encroaches upon a building line, the Subdivision Regulations now permit such encroachment. SPECIAL CONSIDERATIONS: None. FINANCIAL FYWACT: None. COMMIENTS: None. ATTACHMENTS: Exhibit A Resolution Submitted By: Edward J tarry, AI - Director Division of Develooffient Services Hildy L. 'ngma, AICP Chief Planner RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND CAROL EDGERLY, PERTAINING TO THE ENCROACHMENT OF A DRIVEWAY INTO THE PUBLIC UTILITY EASEMENT ALONG THE EAST SIDE PROPERTY LINE OF LOT 45 OF BERRY CREEK, SECTION NINE, PHASE THREE, BLOCK A, AS RECORDED IN CABINET K, SLIDES 316-317 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 30410 LA QUINTA DRIVE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easement; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Carol Edgerly to encroach into the public utility easement along the east side property line, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in the proposed manner. 2. That there are no utilities which would interfere with the utilization of the property in the proposed manner. 3. That the driveway is in such a manner that it would not be feasible to relocate it outside the public utility easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is compatible with other uses in the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the driveway is in such a manner that it would not be feasible to relocate it outside the public utility easement constitutes special circumstances and Lot 45, Berry Creek, Section Nine, Phase Three, Block A License Resolution No. Page 1 of 3 conditions affecting the property which if not taken into consideration would deprive the applicant of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the driveway that encroaches into the public utility easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development 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. Utilities/Energy Policy 2, which states: "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment;" and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Lot 45, Berry Creek, Section Nine, Phase Three, Block A License Resolution No. Page 2 of 3 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with Carol Edgerly, pertaining to the encroachment of a driveway located on Lot 45 of Berry Creek, Section Nine, Phase Three, Block A, commonly known as 30410 La Quinta Drive, into the public utility easement along the east side property line. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Lot 45, Berry Creek, Section Nme, Phase Three, Block A License Resolution No. Page 3 of 3 1996. THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Exhibit A sURVIII)t PI XI . oll tile groundt . )f properly located at DII,, is 11) ccllll} that I Lill% (idle. tild'It. .11 arclul isli, I - c jcscl ihed as lollows: L.., I.. M., f 61-14"f CREEK !iffT1(jN la. .1,:0jrd,,kg to the utap (v plat recorded in W, L - N Texas- 50117 501 k .4 t4.5.9" kSlUt4 Wo 06, CVLC. C- I S 550 06'08 W T L 4 BLOCK A C = 144. 91 1P Lr .,. w A 145-00 R=I17000 LOT 46 I V posed Area of Encroachment LOT 44 I U ILA 77.7] AL (PLAT) W' PUE PLAT 5 2410/424 II 16 U/6 ELEC. ESMT. 11t59/63) CATY L C-AC Elar. fit. A TtV • IRF x i 'i. Cols. C. 4 *, h*_ tivA Cul, LA QUINTA I V fif) f E: Itli.. u-11IC', -AIL)JOi. do :­ik,w--tott e4Servellt. over Said !;i-i gjit'.. Lill .ht. pla*, irl t K, Slidewtw 04woww"m A i . ............ FLOOD N01*1; The protium 5 dcsttilwd licicon NOT witWit a Spacial Flood Huard Am its delet-irtincd by the Fc&-i al Extici gcucy. 40AScmW A4p"; thu RQW humd micA bW4 9**- tied on F.I.R.M. Panel No. 4d 1079 0115 2�9 1 LIZoncA J']ZmxAE 47,oncX (Amoy dogminv4 In* QuWdo'the SW yaw Apo piaim) SURVEYOk.S CLJR'rlFICA'I'H I'he plat lihown hereon is ;I true, wrrcL:( and acoAWs rAprillimaritstiagi of the propillm as dmr- f iiiiiied by uityuy, the lincs wid dimenslonapf &&W propiarty being as WAicated by dw plat; tho :14. 'it. Pref-Cufi-A 1,C; it" 1 0 f Ili sin. I(IC41,1011 and type of buildings and knpioviiAmals 4m A& "own, all improvem"V beisq within the houtidarici of the property. W b&4 frioan * peopetty Have the dluapicas klikewd Thcfe 21'r Ili, •clififlicu or piotew1oas, aborfules in at", visible uwity liaye�a or 1-1111ciff I 0111,111WIM1.1 -INW2101 I wow 71 Y a dedicated public roadway_ k..; r Council meeting August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Final Plat of a .51.01 acre tract in the John Sutherland and A. Williams Surveys, to be known as Fountainwood Estateg., Phase 6A, and a 44.31 acre tract in the John Sutherland, A. Williams, Isaac Jones and. Peter' Novel Surveys, to be known as Fountainwood Estates, Phase 6B, and variance to the Subdivision Regulations, located off Fountainwood Drive ITEM SUMMARY: The subject Final Plats. are for 65 ,single family residential lots and two (2) park land lots. These Final Plats address the Technical Issues contained in the staff report prepared for the Preliminary Plats and the staff comments forwarded to the applicant. The applicant requests a variance to Section 33030 L. of the Subdivision Regulations which requires that reverse curves be separated by a minimum tangent of one hundred (100) feet. The Community Owned Utilities Division has indicated they: can support a variance to this standard to allow a reverse curve of 92.17 feet along Bonnie Rose near its intersection with Allen Circle. Community Owned Utilities is supportive of this variance because it is within ten (10) feet of the required tangent distance and close to an intersection where traffic will be decelerating. SPECIAL CONSIDERATIONS: None. FINANCIAL IM PACT: None.: , CO S: At their regular meeting of July 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat of Fountainwood Estates, Phases 6A and 6B, and approval of a variance to Section e.33030 L. of the Subdivision Regulations, thereby allowing a tangent distance of 92.17 feet between the reverse . curves on Bonnie Rose, after making the required findings of fact. The Final Plats addressing the Technical Issues were received by the City. REC011MENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and Exhibits. Submitted By: Edward J. garry, Al Division/of Develoni 7 - Director Hildy L. Kingma, AICP t Services Chief Planner FINAL PLAT OF A 51.01 ACRE TRACT IN THE JOHN SUTHERLAND AND A. WILLIAMS SURVEYS, TO BE KNOWN AS FOUNTAINWOOD ESTATES, PHASE 6A, AND A 44.31 ACRE TRACT IN THE JOHN SUTHERLAND, A. WILLIAMS, ISAAC JONES AND PETER NOVEL SURVEYS, TO BE KNOWN AS FOUNTAINWOOD ESTATES, PHASE 6B, LOCATED OFF FOUNTAINWOOD DRIVE, AND VARIANCE TO THE SUBDIVISION REGULATIONS OWNER/APPLICANT: Mr. Ross W. Hester, Ms. Elizabeth R. Hester and Mr. Max D. Allen dba Fountainwood Estates 1000 Fountainwood Drive Georgetown,- Texas 78628 869-2462 FAX: 869-6565 AGENT: Mr. Thomas Watts Ralph Harris Surveyor, Inc. 1406 Hether Street Austin, Texas 78704 444-1781 FAX: 444-6123 REQUEST: Final Plat of a 51.01 acre tract in the John Sutherland and A. Williams Surveys, to be known as Fountainwood Estates, Phase 6A, and a 44.31 acre tract in the John Sutherland, A. Williams, Isaac Jones and Peter Novel Surveys, to be known as Fountainwood Estates, Phase 6B, and variance to the Subdivision Regulations, located off Fountainwood Drive. h Existing Zoning: This tract is located outside the City limits so zoning does not apply. Proposed Use: Phase 6A consists of 33 single family lots; Phase 6B consists of 32 single family lots; two (2) park land lots. HISTORY: A Revised Concept Plan for Fountainwood Estates was approved by City Council in July 1993. SEE EXHIBIT D A Preliminary Plat for Phases 6A and 6B will be forwarded to City Council on July 9, 1996. The Preliminary Plat application included a variance request to Section 36050 C. of the Subdivision Regulations, thereby allowing a total of 15 lots to be smaller than one (1) acre in size, provided that on -site Preliminary Plat - Fountainwood Estates, Phase 5 July 10, 1996 PP!/-95-07 / File: FTNW-5.PP Page 1 sewage facility designs for each of these lots is prepared by a registered sanitarian or a professional engineer, that Williamson County approve the proposed layout, and that the Williamson County Health District review and approve each of the on -site sewage facilities constructed on each of these lots. ANALYSIS: The, subject Final Plats are for 65 single family residential lots and two (2) park land lots which is consistent with the approved Preliminary Plat of Phases 6A and 6B of Fountainwood Estates. SEE EXHIBIT E, F Water service will be provided by the Chisholm Trail Special Utility District and electric service will be provided by the Pedernales Electric Cooperative. Each lot will be served by an on -site septic system. VARIANCE: These Final Plats generally address the Technical Issues contained in the staff report prepared for the Preliminary Plats and the comments forwarded to the applicant from the Development Review Committee review. The applicant has also submitted a computer disk showing that Chisholm Trail Special Utility District is capable of serving this development with the required fire flows. The applicant has also added plat notes to Phases 6A and 6B which state that for lots smaller than one (1) acre in size, on -site sewage facility designs will be prepared by a registered sanitarian or a professional engineer, that Williamson County approve the proposed layout, and that the Williamson County Health District review and approve each of the on -site sewage facilities constructed on each of these lots. Section 33030 L. - Reverse Curves The applicant requests a variance to Section 33030 L. of the Subdivision Regulations which requires that reverse curves be separated by a minimum tangent of one hundred (100) feet. The Community Owned Utilities Division has indicated they can support a variance to this standard to allow a reverse curve of 92.17 feet along Bonnie Rose near its intersection with Allen Circle. Community Owned Utilities is supportive of this variance because it is within ten (10) feet of the required tangent distance and close to an intersection where traffic will be decelerating. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation Preliminary Plat - Fountainwood Estates, Phase 5 PP//-95-07 / File: FTNW-5.PP July 10, 1996 Page 2 provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070 B. of the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship l''>rom which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done.". Technical Issues: The Subdivision Regulations require that the following technical issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the technical issues. State Statute and the Subdivision Regulations require that the City Council take action on final plats within 30 days of consideration by the Commission. Therefore, in order to meet this deadline, the Technical Issues must be addressed by July 12, or the application will be forwarded to the Council with a recommendation for denial. Alternatively, the applicant has the opportunity to request a delay to the City Council's consideration of the application in order to complete the technical issues. 1. Please include a note on each plat which states: "This tract is located in the Edwards Aquifer Recharge Zone. An approved Water Pollution Abatement Plan is required by the Texas Natural Resource Conservation Commission prior to construction. " Preliminary Plat - Fountainwood Estates, Phase 5 PP#-95-07 / File: FTNW-5.PP July 10, 1996 Page 3 Prior to Filing: Before any portion of this plat can be recorded, the following actions must occur: 1. A copy of the water pollution abatement plan approved by TNRCC must be received before the Final Plat can be recorded. STAFF RECOMMENDATION: Approval of the Final Plat of Fountainwood Estates, Phases 6A .and 6B, and variance to Section 33030 L. of the Subdivision Regulations, thereby allowing a tangent distance of 92.17 feet between the reverse curves on Bonnie Rose, after making the required findings of fact. P & Z ACTION: Approval of the F'ihal Plat of Fountainwood Estates, Phases 6A and 6B, and variance to Section 33030 L. of the Subdivision Regulations, thereby allowing a tangent distance of 92.17 feet between the reverse curves on Bonnie Rose, after making the required findings of fact. July 10, 1996 Page 4 EXH1BfT A .r'` ..� t i • - : t to 2 3 3 30k 4 ]d me. 3.ot ac 6 � - � 4 • . t9 Z . 99 ac C ll^ t3►v10 W. OeCRREOtOCR e y jv( 3 tt 1 r Z340/094 4. - 3a fc. 3,0 roc. �C. 3.49 ar_ 1.96K. 110.7O aG1 T 3 � p,.. t2 t2 2 /3.O ac. v� f 234de96 •,t•4• 7 C - 2- 9 9 A,-,-Ort 3 r a (to -so Ar- 6 7 wkmw '4- , 0 , 4 S 4 Aac CJCE C� 3.0 at S.x ap • 2 l4nX3' 300 k �►(' 3 Y ' i979 "O\•' 3.0 ac. � TA MOB.• i 4 O t..C. 7 1 3.02 K ai a 2406/263 5959 aG SC D.A. 3 6 3.09K .C3 1479/651 1 T).CRON S. ORAX0610. TRST. 1e9e/597 �,, •4 ` \ µ 1 3 - jC_ ^ L�- _ �� .'ice• ;f: .. * - l: m PHASE 6A 6 t7 ll w t- y �!l •7 _ f t 5 IZ •• `.:1f - :•�'\1 1 ooh • { a------- _ / \ - 1'�.' "1 fir,• - _ �. .. _ —'r. �/-� t_ StatC3 OC a..CO.Ca u S a •. •%=7'_. •'♦,a N :rat C3 O' a..Ctt;C. .o�,r . /%ice:,//•., -/ /. �. ,� EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': May 9, 1996 'PROJECT NAME': Founlainwood Estates Phase 6A 2. 'GIVEN' 51.01 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 acres of Intensity Level 6 51.01 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 53,561 15,303 102 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 0 4- TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 53,561 Maximum GPD Wastewater Capacity: 15,303 Maximum Trip Ends: 102 5. PERMITTED DEVELOPMENT: (a) (b) POTENTIAL UNITS BY UTILITY MAXIMUM LAND USES WATER WASTEWATER TRANSPORTATION I UNITS -------------------- Detached SF ' Large Lot 46 Average Lot 54 Zero Lot Line 54 Attached SF 82 Multifamily 101 Mobile Home 82 Lodging 279 Institutional 156,153 Church -with day care 173,898 -w/o day care 287,960 Medical Office 128,751 General Office 147,144 Retail, Mixed 82,401 Retail, Restaurant 34,334 Retail, Store ' 164,802 Employment Centers 147.144 Warehouse 939,658 Mini -Warehouse ---------------------------------------------------------------------------- 13,390,125 53 61 61 87 98 79 251 166,337 184.373 306,060 136,634 168,165 93,883 31,881 173,898 168,165 1,093,071 15,303,000 170 115 115 94 45 120 74 121,308 -6,557 111,694 31,615 40,008 6,176 8,973 21,245 22,295 170,033 392,385 46 54 54 82 45 79 74 121,308 6,557 141,694 31,615 40,008 6,176 8,973 21,245 22,295 170,033 392,385 (c) (d) PER DEV DEVELOPMENT REGS ------------- ----- ALLOWED/UNIT --------------------- 102 46 housing units 370 54 housing units 494 54 housing units 741 82 housing units 1,480 45 housing units 79 housing units 74 rooms 121,308 square feet 6,557 square feet 141,694 square feet 31,615 square feet 40,008 square feet 6,176 square feet 8,973 square feet 21,245 square feet 22,295 square feet 170,033 square feet 392,385 square feet EXHIBIT C DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': May 9, 1996 'PROJECT NAME': Fountainwood Estates Phase 68 2. 'GIVEN' 44.31 acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 44.31 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPO --------------------------------- Peak Trip Ends 1 46,526 13,293 89 2 0 0 0 3 0 0 0 ".. 4 0 0 0 5 0 0 0 6 0 0 0 ' 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 46,526 Maximum GPO Wastewater Capacity: 13,293 Maximum Trip Ends: 89 5. PERMITTED DEVELOPMENT: (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES WATER ------------------------ ----------- ------------- WASTEWATER TRANSPORTATION UNITS REGS ALLOWED/UNIT Detached SF ----------- Large Lot 40 46 148 I 40 I 89 I 40 housing units Average Lot 47 53 100 I 47 I 322 I 47 housing units Zero Lot Line 47 53 100 I 47 I 429 I 47 housing units Attached SF 72 76 82 I 72 I 643 I 72 housing units Multifamily 88 85 39 I 39 I 1,285 I 39 housing units Mobile Home 72 69 105 I 69 I I 69 housing units Lodging 242 218 64 I 64 I I 64 rooms Institutional 135,643 144,489 105,375 105,375 I I 105.375 square feet Church -with day care 151.057 160,157 "5,695 I 5,695 I I 5,695 square feet -w/o day care 250.137 265,860 123,083 I 123,083 I I 123,083 square feet Medical Office 111,840 118,688 27,462 27,462 I I 27,462 square feet General Office 127.817 Retail, Mixed 146,077 34,753 I 34,753 I I 34,753 square feet 71,578 Retail. Restaurant 29,824 81,552 27,694 5,365 I 7,794 I 5,365 I 7,794 I I I 5,365 square feet 7,794 feet Retail, Store 143.155 151,057 18,455 I 18.455 I I square 18,455 square feet Employment Centers 127,817 146,077 19,366 19,366 I 19.366 square feet Warehouse 816.237 Mini -Warehouse 11,631.375 949,500 13,293,000 147.700 I 340,846 I 147,700 I 340,846 I I 147,700 square feet 340,846 feet -------------- -------------- -------------- ----------- I square EXHI611 U -a a ! a t9 ! 3AJic t 0^140 , oacRR[NOC(t y ! 11 1.49 J[ 3.96wc. (IO.YO 2100 we/ate • II IS a- :1 • : c . /� .. a : - /23-40/ess we (60 %0 we 1 , 4 T wO-M I Y GLSECf£ pr• t { 2 1479AN )00 we � 1 1f7A TA-k r*O a-C. - a 2406/266 y<rL a Sa06/263 3919 -C S(a0. A. w' a-I9/639 Ia.r• -C.I ils9 -C 3 p. I ' •la K l 2 10 2 101 nc. 5.01 k 6 11 l IDI wc. 1 3AAc. t2 !.0 wc. p("•tC 0 S 0 w< S E�0 7 1 3.02 3. OSAc a 3.0 we 3.0 k. 2 we � �� � rr.Eao.r s. e1u�1*oao, Tnsr. :� 1096/59r / (5".O5 •CJ ! Ica10 PHASE � ,1 •�,�, . (.•. . Jam+ � � y ` � \. \ � M � /' r r 77. C. ` :�- `. ;-''-f/'�• ' .. `'\ \ :. �. ' -a,r� •( _ � 'ram /�/ •O a 3-a t-77 SI.ICS 01-u(..C. U 3 ` •.�/ \ ROSS w• ANO CV2ADETM N• �,aA AND w D. ALLEN r.. SOB-,,.. A MXAS CENERAL PMMCRS" � [[--,' NOTE; BASED ON iME 1E>;A$ STATE Pw+E ¢E 19p �• 51730'ta'E J20.4e' S SCA�G,-1 " =100' I COORDINATE srnEA1,TMC COORDINATES OF IME 146 F O U N TA I N W O O D ESTATES uMOR CORNERS THIS SUBOMSION ARE: _ r � POInT NO, -%• CORD. •YCORO. �, ` 3.B� �� ___--___�-_�I - - 15'P.u.E. 23'8.47 I PHASE 6 A -A 1.e12,e92.999 )eS,9.9.•62 'N 1 N ?I a r,i�s. �e�ss! �eG a+�s.stti 34 1 a eiJ, l.l9 / PD ,lei, - 5 -! _ 1 a /, eii, �7Y. I,SG �HA.7,12. lP5 �'.°, h 1.05 AC. .. �~ . � 33 J11e " 32 LEGEND: �1 F _ - 0 Z1 Ros wANO wuAI ALLEN MESTCR e m b1.04 .AC. as r J u 1.08 , • MON ROD FOUNO ^ O IRON ROO SE T m Ut A TEXAS CCNCRAL PNTIM(RSMrP' Z ^'h - W I� ^ i 1{ Jt ;) RECORD DATA O In vOL.. NO. PC, 3eo _� Sp•B L N „ n DOG. 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E,-?- '1� N •\\ l):BL� �6�\ -2 Ca $1 -0 N2741'36'w j10-�•-_-1 27.29 � rn v� � Nl �• v 9 A, � � I j'P.V.E. , g 1 I Jr \ ,.11' m. t 5 ;,//6 i 1 r1 q •! p m C 1.02 AC: ��.//,f16 i//�� ) o SO'B.L. �1I1 1.05 AC. om/ -I...^ A+ '� u•'.P, m a a U ., n/ rA,. �� \ So'9.L. 1 li �eA. � "301. n y''ro ? vIw PI'" 1.00 AC 11i1 u.I 1.01 AC. • l Ala F -.3 I\ \• t1 t 21 err 6 m .� m a •1! 1 I 1 • r n n 10 I ` .n 1.06 AC., I I I j .00 AC. m', RIB N NI ~ y 1 2 '" t l r y y] V 2,�D.�. �._ r T d m d d 1.00 AC. iM 1 tt .D',�.'% - Ao,•fraIS �y.B V �I �r n15'SJ'aQ ty `\ `\`\� 1.00 AC. n 4 � .26592rw ASI.DD 98.25 \ ??p C+O `a0 0 1•I I V lI-r +O )• - I `1'' •-�,�` , ,P A'O1• -` � 13'►.U.L i•t.L4 1 1s e. t I 22 LOT 66 aT 2y'sa. � �is'e.L. ► E• ' I \ \ •� 10, 70 AC. s, C JOJ eJ.JI.'`-- C R� \\ \I POTCMW PV0.IC PMR AS CON1wwEC 2s/t- F'' •J) 41' 6N 10 N2741'SS•R W 14 ' `I • F .� AM CAR/nVC ACRCCNCNT e(TM[(M •"r`�-� ��'n� ,�_�� n27 I 1 1 w 6• CASA LO CR. 1t Q� 1` C 2TSp0 ,� f u:i �4 (3n�,n k.S ME CIN Or CCORCEIO+ W 'e Pl.n/J 96.90' V^1`b66 peq .,,'l O N p a N 8 ' WE t\ � 1 �653•A4 �� 7s'ya.- n..�l�^� � y� \ S 40� SS w, AND CUZM' R. M-,,IT, - t t tt ANO tlAA D. ALLEN e v A R'1uS GENERAL PARIN[RSNIP Pas PHASE Da / .o� 21toDOC , PC MO `e o� LOT 87 PROPOSED n20 t 1'52 W 577.eo' ` " a ,\ FO ESTATES NTAINW000 `►' o, \ �' , 0a'.0.a9„• e n PHASE 88 i E NIC LC wA _ O 0ID It a / Q )TN 199 7" �.• • •,•' FOUNTAJNWOOD ESTATES 15 274 °0 z 7^M1 AO r D . - N)CO7'�1'.+• PHASE 5 `� y e Ross .. ANO nnAeCTM ti Ia+a CAB. M SCD. 319.. S _ �` <M rs.,4 ,K �T ANo NA/ n A111N I/ . 10W 23 1 12 I . '>�. `� 16 O �� "Or 2CPOUL roPARTM(Ry.IP FOUNTA)NW000 ESTATES 1 •�- -, i ' _ _ _ - -(`- '` "' - \ +• 17 18 20 ay w JIJ.°a n DOC. C. 06 1w ),.TEAR S44• ASS L WOLF 100.74 AC.VOL.b/e.r..-, n IL.,MV 1;LnLN^. rN41 N4. a^•• • ^,.- aA. a..• I E 226.46' 1j27 2TE� 526'42'27 177. _ 160. aa') S, VOL. 2190. PC. 380 ..��__- ', sJTte'STE 15_P�V_ _.-\ POINT .c, r _ _ _ _ _ - _ __- - _ 1 O4? }•f J J DOC. 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ISAA_C_JONES_SURVEY _A-361 ANIEL MONROE SURVE\-450 _ Iy^ _ _ ^' _ _ " - - - - 40.77 _ P T-- - - -- - - q - \ A a PETER NOVEL SURVEY A-486 JHN SUTHERLAND SURY A-553 ' I " e e / ' LLB- s e.L, \� ` �\`c D LEGEND: L Ic, , I �so. 5 •\ 4b. < _ 1RoN Roo Four+D T1Jf2i I I j6,4_- C3 _ �6 ��t3p.` \ 10�0`\\ l Q``l/%Jt �•01b3\tL IRON PIPE FOUND ' % •iO,•J2,S 1,r 1!'P.u.C. 7 .1 C '-,fie ',\ �' t)Q~ \Q<•�G \ 4 C/7 ``\\ Y� / �.\h 24 I ,L7. 6+ .__oo ♦ 60J NAIL FOVNO N ZZ6',5"w 92' gl-Q1�____ NAt!\_7` V�0\° - j C,! ♦ / 1.11 AC. j I \�o^pC^I 0 IRON R00 SR t,%.92, C4 , N09'OJ•,,.M' ,'`�,�C\\Oi� \iJ�` I \ \ �94 I s�A °' CM. CONTROL RECORD DATA 7i C2 .Do - 7• v \ �. \`+ y Jd2'I 'oti " • V ` P,u.E.- PUBLIC UM)IY FISEMENt T I 53726'45•C S09•pJ. 99.43• C7 Pz SAL\ Pv,f ////��\ AL\ I \\ 05• 41 3h I �� z 36.92_ 53- e�.4}. E 199., I 9!9' '\h t \ `' \ <'� m t°A % 1 146. S T 1 O1 • $ Z )° D.E.- DRNNACE f/SE74EM I ''•` _ I I,, Cs / '� ✓• \ c ' - I_ ° L i B.E.- BUILDING UNE 1 ' �. a '�.\ 1 ;� 1 ./� U. C. \ OO ,hM1, \h P J SO .0 \ J, 5 6 I�- SO'e.L�' F JO.a,t ...................... /^J U' of m I \ r I^ r 1 1 2 a u N 52 -•T� •o5 c m £\ 0.99 AC. \ 1 J vl ep 0o' 0 11 . F v o 0.98 AC. I r �= e \ le 0.9!9 AC. .�\� j L� �\ \ 6- 23 I � ,�q� 5, ��Nm�� m��Jd s3 W �.� ,25 AC. I / 1 FOU NTAI NWOOD \ r m 0.99 AC. r y t` .n�y f 5 4 v. a m o \ t)0 ' • o u; 51 ' ^7 1 \ 1 c'f _ ti r _ 0.99 AC. J . m £.r \ 4 g.l 9L s0 z P. m 0.9E AC. \' • /-� -c==i ESTATES \\ r N, I �% 1 'e.75�s e.�'� : I_ „I _ \\c HAa A7 5h L m r _ - N\, _�if 412�'e.L , L - _ ) \ \ 11 15.0 L. " 2 L NT IS" .. _ J '6L �?.i `S'B. vC O '-ti14/ S'09 + 74, 00. 50, 15'P.U.E. \a. 2 �� L590° L5.9 \ C"ti-- 95 00 �- � 397�^ \\ `, 15 1� 2J1.Do. 25'B.l� � 4MU 1y5W Ft `7.5'P _ PHASE E \ 1 1B3.75' 23ee3' 25'Bl. 24 a.p0' 1t , � Ca4 .C. 92.30' N16l7'!1"w N , \�P/ \ 57 I '3'B.L I 6 B \ \1 11iL 1 f E'J'P. V. E. 7S. 53.50. 141.50' 42ye� 0.99 AC. I n �Us 971 nZT�oi�wy p I a h5 '. LL \ B.L. _ I\ N \ 55•� oo �' M1� fi5'Pv.E. ^ 61 0 �zse ��,�~J. "I �I �e' e Ir 25.8.E & _ o I I �0� 1.17 AC. a•p 1 Cn 1 a J f 0.98 AC. .: r ,. m ,m/ r r m < IT \ 1 1 a ,� 62 J b1 J a s F' J, 5 / 11 r R I 17, q 1 I n J .a m -1 ml;n 4i b J a N A•' ✓; .� J' I Ip o. J. I.00 AC. L . y �, /;., 60 ,r a 58 :r m \ I r ( I '" ly rn b 8 J J a ( £ Q/ \ 01 IC ti Qi 1 , ^, \ m 'G to ' o ^7 ,.• 0.99 AC. -I, '' �r\ ��'\'. 0.99 AC, y a ((( r} I r I K4 PROPCSEo FOuNTAiNvOO / -.U, £ 'C !" 1 N so e_L o o m u a 59 m a\ c/�N`B.L� I. n al v.As, �o14A ca. Srtt ESTATES PHASE 6. %v I \ m `\''� ^ c r q r 0.9E AC, 1• r, °' j \ 63 `'` \ /LY'N4 f---_ hI w1 ,' �a�V �Ij ,� y ) Qar Im? 3 ^ �.,••� `•� °'1 \ /^ R+vs6E 6A P t D.97 AC. \ ` L So e.L -� / I 21 ' III.G1 i1.4'# Y ''C P Rolf w,.ANO [u2As(TN R. CfttR ^ I/\\ / 4, '(/ / ANO 44AX 0. KI„LN O I ^ . 1 trod qi\L 4 / �O�'•%e'o. ^ ^ ` E. �' 'R ( .. 1. 17 AC. A ttltiAf e[NCRIL4 PMTNCRMP h 1 \,, ' O k _ _ ./ '0 f _ _ _ _ _ _ _ _ _ _ _ _ _ L>'P u �•°! AT \ A� / \f I er/. I . T Vol 31" K. 360 2 I 'i0'e'/�. .' AO")' ='Ut. , 42 ) WC. NO. 9414,4 , ' V. . L .. r /n 36. ,� CJ1 !• \5�.'A' S6 !' I^1 40'w . 1 N2t'33'ITw 154.903, I 'kA10 b I f \ + 1 1 I �' 5445\. 6•e 1A9 �'PV��•6.L I I \'''•`�: ALLEN CIRCLE ' 6`% / e F B y� f' / �o�' I M. C I I 5\) ) 32 S I'33'ITE 184.90'/Yi O r r( 65.1E) h L 15 <` `SF� I� ,.D3 AC. �' I s TE LO(CAT10N MAP 20 SeCt4'}}•[ 6S. t' Ib 1.01 AC. I; I I' `< --�1 1 :4 �J�\A., �I ' NOT TO SCALE -' CURVE TABLE: T--�---- --- m // B I I r v.u.E. % \:� \ N in I^ ail e: 1,01 AC. ! 1r P4 J, �r, A c '. cvRv[ r Il.ays ot\TA LENc]T'L s]i/7NOIN'w.e2. O Se7 a6i t J. 11 / 17 6e.9e' ! �✓• .r y m a "' ^_ J �'•� f F+ 1 C� m £C r �: I'ii CI 720.Do 27•J3'5•' IOS.e.• ,J1.I' S1679'4ei 4 �\ �" p I c7 7eo.00' 2T33s, Ja.T,. 1 I I 4 ^ n J J V -}"/ W ,n 1.02 AC. �"' \ 'L� f S7.9 T' 11 J.SS N2da; 5611 m j NI711'Sa'W V J, 1.04 AC. _'. 1.01 AC. m m14 1 J•n v a ��' 6 10 C, 220. 00' 23'2J,3' I,9.87 6f.20' S2o•aa'Sa'E . I I /,\ I/ .1 Ir ;�," 1.09 AC. m >t I ,t IC C• 110.00' 13Z]'3]' e9.a7' 1 1 I 26.a7' w ;q �' ° w 1 1 T" 17 56• 7631' S2,'2* 13't m C I IN 11 n 1 m / \ O C5 260.00' wo"03' 76.6d 1T.6E• yS,69' N1 Ta7'76'w /'2b6� C6 / 2D0.00' 71e'30' ]5.22 76.25• IM,O9' S2n0'06'E J I I I. /\ Cl 220.00' 3a13'49' Ia6.0]' I I < v 97.a' Ie13a' 52ei0.06-E I I ^ I I 13 \ \ 7le.l j IS'P U E_ ♦ 25'B.l. a �. % • 50.71• 99.65' M919iT^R - W \ r /- - e. - - c9 2e0.00, 20.32'32' 100.39' 11 I I I 91 1,05 AC. _ - - - L - - _ - -.... - - _ - _ _ `�' -� , J 25�- " - no 2eo.0°' ,r• i7, ee.4,• •1°�' e6.1o' ssaZeT2tt 9�.i9' 1 {0�0' o^ - " ' - - - _ /' , N6. 2' 32e.23' soo's 32•.W 'F y _ _ _ _ w 203.3!' cn 22o.oa 9e�ro5' »a.r 313.63 a17.7, Noo�rs: t I 1 e IY .J •15.1.�. -" 1e3.,2� N2702'it! •2e.s2' N1 J'7b'OSw-NSS',2 j2 Ct7 2e0.00' 9679'OS' +7,.51' 99.25' 13+,43' N33'23'2e'r r 220 7o _. C13 2eo.00' 2r. ro, u5.7e' 2•.53' 4e.7e S+O 55'1+t T• Si `� ,a6to' I r cl1 220 oo' 2.]'31 .6.e6' 19t »' 29 J.73' son9.1e1 c e ieo.0000' -6 M DE' 23ii75' t26.57 230.e7 SO4•49'3 ,v 6'^ I .9.50 97..a' SJ91o'3+'• t6115 .. -_ eh' r ..�4""^ g .1 Ross "' o MN, oeC> �N. I+CSTCR /' c e ieo. 0000' e,9.43,oe' ..oLi9• 250.95' 7175' San$'51% I .I I I L6.`6' S54 qby 1 ^ =° A TCtA, GENERAL PMTNERSHIP I // C19 220.00' U'u'Oe' 321.52' t97.,T 293.61' S60'SS'St't ^--] l-------- •% Mot LOT 6/ I I APPRO %. 100 YEAR �7LL 7190, Pc. 3eo ' C?0 2e0.00' -ID 5'3 S• 2.01' 1•.2T 2e.W N52'0107't Q'4a.n; O 3UC. N0. 961 a+4 I"'I ,'FLOWAGE CASCMCNT fi1AGT 100E-+ C7t 2ao.00' •OS'30• 70.Ot' 10.01' 20.Od. S37V''361' i Ore.^ 9 NI C22 260.DO' 7,'3]'19• 20.00' 60.04' 119.06' N71�4'2T E 6.33 AC Sr 1 NI FL000 PLAIN 1n vOl.l35.PC.I61 •N) POTE NTUL PUBLIC PARK AS CON]NNED �71 I I 25 L FLOOD '� / C23 260.00' 2•'at'4Y t20.69' 60 t4' 179.00 •S6J76'00'E 6 -_ ______ I cTpp L___- - C2• 260.DO' 24'3]'19' 120.00' 9C.94' tt9.oe' NS9.20.27'W IN AN E)( STNC AGREEMENT BETWEEN I 11„I I PLAuE d C25 .220.00' 25.30*35' 97.95' •t.bd IJ.1,'. N34Te'JO'w E N 36 •p6• THE CITtr D< CfORGETOWN. jS' UI ( i 1 J2a'0 " - - - Q I I - - - - - - - - - - - - - -' _ C26 250.00' 25'30'35' 124.66' 613a 123.64' S3A18'30i l I S'C J70.86- - - a1.13' a2_94' S367Y46'C Q+t----- 19 C27 2D0.o0' 17T37'03' 53.24' o.;..'' c ti11 lam' - C2e 2e0.00' e26.32' W '.• ...• /'`�' 11.42' ' 20.75' a1.3e' "35',7i,rt A p / • !^ I �7I \]� o Y�G III 1 C29 220.00' 22Z7'16' elea' ' J.aT 03.29' NJSSJ'06� ,,./bVE 1 I�Z.J-•' rr `�I�•• FOUNTAINw000 ESTATES C}0 220.00' ]09', 7' 11.11' 6.06' 1211' M]OTSt'39 -i� I"1 t j = I PHASE 49 C31 220.00' 2.'31'52' 9..19' ' - 47.63' 9J.,T R091 Tt6"W V I I ,^ (n I I CAB. L SLO. -40 '�G CJ] 7 0 W' S2'30'e' 259 ]9' 1' 3a,e0' 217.7d M2J56'291 1A I 1 „ 2I I U) 1 C34 220.00' 52.30,18, 201.60' 1' 106.50' 19s,6Y ' S23t6'I9i O{,, ,(, q1 N2703'Se•w 25J.3e' I I /n ,/ IF-- �76 t, 711• I ' C35 220.00' 20'47'11' 79.et' ' a0.35' 79.3e' S077,'!6't p�rjj' 4�e �'' N, T°5'3TE 1 " iI'•' ,','' J ¢ 1 C]6 270.00' Jt•+3'06' 121.71" 62. 50' 120.2,' .2J4G03'M 7 NOTC: BASED ON THE TEXAS STATE PLANE C37 2e0.00' 47•,9'20' 201.E+' : Ic5.3f' I9J.D9' Nie�1'S°^9 gQ J6 70.00' c41 POINT �D w Z COORDINATE SISTEM,THE COORDINATES Or THE C3a 2eo.Do' „i0'se' s+.65': 27.,1' S4.56' N0276'49'" MAJOR CORNERS OF .THIS SVBOMSION ARE: C39 220.00' 26.49'40' t03.01' 1' 52.4T 102.07• N360e'aE'. N0'T�9'0 •/ /' d' I 'YCORD. C4t0 ] 000' 39.25:20: 21129' i 166.06' 2011 011'A. l7.11916,2TLw iO ) 64., TN. ! , Q 1 POINT N0. 'If F,OR D., 0 0.2 t74,09' 2519'05 76.93'1' 39.,0' 76..3 N2143'J]"* �r�tT FOUI•TTAINw000 ESTATES , ,\�`I� _ - - - - - - _ 9 1 , v7 A' �i�, �J1 797 �f. , J7 PQ1ryt .A '\ PHASE 48 �� �,((P� `�� 8 ^ / 1 C43 154,09' 73�1'OS' 66.09'I' 24.65 67.54' 527953SE \V 1 I 1 Q. 1 - Er a, e7., p9J. 4'ri W "e' -iK. C,4 a7,6T 3J'+e'N' 37.7,1' 16.65' 30.3 •S2lid2Ti ^ r CAB. L SLO. �4' �!. , GO /` o / \ `^ 2' 2G.i. 07/ 3e0, 73-3 7.4� Cc1S 67.97' ]3�e'3'' 39.f.; 1, 20.5Y SO.J� rN2!'70'27'� N06.^ r // .�\ O/Q^ 4/' �'I n n... n ..•.. �e� .. . _....J 70.J7' 134.2e• S2+'4P09i 2 I 0'4p. 37tfi3LTT.h1'.....S..,a. / �' JS '{CT / 23 I I e90 � nwf. / , •x I FOUNrN11WOop aarfs PN.S / r' Council meeting August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Final Plat of a 1.44 acre tract in the David Wright Survey, to be known as The Physician's Center Tract, located on RM2338 south of Briarwood Drive ITEM SUMMARY: This Final Plat is consistent with the Preliminary Plat approved by the Planning and Zoning Commission in November 1995 and the City Council in December 1995. The subdivision will create a legal lot for a medical office. Water service is available to the property, and private wastewater service must be extended to the site. Along with the Preliminary Plat approval, variances were approved for The Physician's Center Tract for lot dimensions, including substandard lot width. The Commission recommended that, as a condition of the variance, a shared driveway be established with the adjacent property to the southwest, now known as Business Square. The City Council deferred consideration of this requirement until the submittal of a detailed development plan; however, the DDP submitted and approved does indicate the shared driveway. In addition, a driveway access easement is shown on the plat consistent with this requirement. SPECIAL CONSIDERATIONS: None. FINANCIAL IM PACT: None. COMMENTS: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Fiftal Plat of The Physician's Center Tract, provided the Technical Issues are addressed prior to City Council consideration. The attached plat reflects the required revisions. RECO ED ' MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report and plat Submitted Bv: Edward J Barry, AICP - Director Division 6f Developm t Services *�Xoz� C. et,�-,rqw Hildy L. ma, AICP Chief Planner FINAL PLAT OF A 1.44 ACRE TRACT IN THE DAVID WRIGHT SURVEY TO BE KNOWN AS THE PHYSICIAN'S CENTER TRACT, LOCATED ON RM2338, SOUTH OF BRIARWOOD DRIVE OWNER/APPLICANT: Dr. Richard C. Male Dr. Murray A. Snook 3010 Williams Drive, Suite 25 Georgetown, Texas 78628 869-7310 AGENT: Mr. Don Bizzell, P. E. Steger and Bizzell Engineering, Inc. P.O. Box 858 Georgetown, Texas 78627 863-4521 FAX:863-4523 REQUEST: Final Plat of a 1.44 acre tract in the David Wright Survey, to be known as The Physician's Center Tract, as recorded in Volume 2565, Page 785 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located on F.M. 2338 south of Briarwood. SEE EXHIBIT A Existing Site: Vacant lot. Existing Zoning: C-2A, Commercial First Height. Proposed Use: A clinic/doctor office is proposed for this site. HISTORY: According to City and County records, the subject property was part of a six (6) acre tract that also included the property to the northwest and southeast of the proposed lot. The property was illegally subdivided in June 1989 when a deed conveying the subject property to Georgetown National Bank was recorded in the Williamson County Deed Records. The Preliminary Plat for The Physician's Center Tract was approved by the Planning and Zoning Commission in November 1995 and by the City Council in December 1995. Final Plat - The Physician's Center Tract August 7, 1996 FP 96-10/File: PHY-CTR.FP Page 1 CM:HK ANALYSIS: The proposed use of the lot is for a medical office. SEE EXHIBIT B Water service to the proposed lot is provided through a 20 inch line along the RM2338 right-of-way. There are existing fire hydrants in the area that satisfy the distance requirements. Therefore, no new fire hydrants or water lines are required. Private wastewater service must be extended to the site. At the time of Preliminary Plat review, this wastewater service was being considered as a public line, so the full plat review process was required. Upon further consideration, the wastewater extension is to be built as a private line because it will serve only the subject property. Therefore, City review of the construction plans for this service is not required. This plat may be recorded upon approval of the Commission and Council, without construction of the wastewater line, or submittal of fiscal surety. At the time of Preliminary Plat approval, variances were approved to Table 34020 and Section 34020 B. to permit the lot dimensions. The Planning and Zoning Commission recommended that a shared access be established with the adjacent property, now known as Business Square. Although the City Council deferred consideration of this requirement until the submittal of a detailed development plan, the applicant has chosen to show it on the plat. This is consistent with the shared access easement required and shown on the plat for Business Square. TECIINICAL ISSUES: The following Technical Issues must be addressed prior to City Council consideration of this Final Plat. If they are not addressed by August 16, 1996, or if the applicant does not concur with a delay to the City Council's consideration of the Final Plat to allow the Technical Issues to be addressed, the Final Plat will be forwarded to the Council with a recommendation for denial. Final Plat - The Physician's Center Tract FP 96-10/File: PHY-CTR.FP CM:HK 1. Add a plat note describing the variances granted for this property as follows: "Variances for this subdivision were granted to Table 34020 and Section 34020 B., thereby allowing the lot dimensions as proposed. " 2. The plat shall indicate a proposed 20 foot wide easement August 7, 1996 Page 2 centered on that portion of the proposed wastewater line that is off -site. The easement is to be dedicated by separate document and will be required prior to recordation of the Final Plat. The Final Plat shall indicate the volume and page reference of the easement dedication. 3. Remove plat note #18. Since the wastewater line will provide private service only, and the City has adopted impact fees, the Reata wastewater interceptor improvements contribution cost is no longer applicable. STAFF RECOMMENDATION: Approval of a Final Plat for The Physician's Center Tract, provided the Technical Issues are addressed prior to City Council consideration: P & Z ACTION: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat of The Physician's Center Tract, provided the Technical Issues are addressed prior to City Council consideration. August 7, 1996 Page 3 EXHIBIT .A' PHYSICIAN'S CENTER .13 A V L I '15,1 I r - o. ca 10 C� Z 6 m m m c� w 00o x � r;,z NW v 'p� �7 r►1 N to D I I �N wow I I Av cnf m I °'. N Z m N 01 I I N 0 ODn�y c�'j� D-0 I I I 2: 0�mA D O m -0 _;;: _ CnZ�VmiO. Ao Z I 10'BL -rl m0--f-,c) -� r'- o h 1 I� ~ W u RICHARD50 AC. rev o °r-° M'JRRAY MALE & m.z' ov om o I � . -�„ VOL. A . SNOOK 565 PG.7g5 _ m a M. }r v 10'BL o R, Z THE NORTHWEST ANIMA CAB. E, SL.113 4 4 AC, . DAVID A. HA R T M A N 2348/032 I > 0 A ,• i mN Z� �ti r r 3 Mc WWC QWoV,�I- 0E co m coo:* 0 Co Z dcYN eNEDWARDM xmv � < ' ` r� � ` �o - _ — � ' _T H N49019'E493.20' m LA (S49°18'35"W 493.14'REC.) (N 49019'E, 493.20RE .). aX0 co T AS )� L', (o cn o ;1 —1 D—°Ln�; m O L ( I� 1I � A 9 A_ _^ n . 4 a)(S 49 019'W 493.27'REC.) 1-rOL-ECK N49°19'W493.19'REC.) .S49019493.27'1.85 AC. LA CLINIC I LANSDALE AUTOMOTIVE, INC. m N L' I 2563/608 I �A N N. 0O ;; r nto .= n r- o o r- mxo r m m cn O -i � D w m L ( I� 1I � A 9 A_ _^ n . 4 a)(S 49 019'W 493.27'REC.) 1-rOL-ECK N49°19'W493.19'REC.) .S49019493.27'1.85 AC. LA CLINIC I LANSDALE AUTOMOTIVE, INC. m N L' I 2563/608 I �A N N. 0O ;; r nto .= n r- o o r- mxo r m m cn O -i � D w m Council meeting August 13, 1996 f Item No.. AGENDA ITEM COVER SHEET Consideration of a Revised DetailedDevelopment Plan for Shell Addition, Block 13, also known as jFe Texas Department of Public Safety Headquarters Office; and Variances to the Subdivision Regulations, located'at 515 Pine Street, and Request for Waiver of Development Review Fees ITEM SUMIAARY: s application is for a revision to the Detailed Development Plan (DDP) approved in 198 to permit the construction of a 3,200 square foot building to house the Williamson County Maintenance Department. Examination of the 1987 DDP indicates that some;of the design standards contained in the Subdivision Regulations and Zoning Ordinance in effect at the time were not met, but' variances were not considered. Because the applicant proposes modifications to the site, it is appropriate to consider variadces for those elements of the existing and proposed development that do not meet the current design standards of :the Subdivision Regulations and Zoning Ordinance. Three (3) variances to the existing development apply under both the 1987 Ordinances and the current Subdivision Regulations. Section 33051-A requires that all off-street parking spaces be located behind the front yard setback lines and Section 34020 G.1. prohibits structures or impervious cover within the front yard setbacks. The two (2) parking spaces closest to Pine Street have been located within the front yard setback since the 1987 DDP was approved. Section 34030 prohibits the placement of permanent stuactures in or over any right-of-way. The Sheriff Department's office building encroaches into the 5th Street right-of-way and has existed in this location since the 1987 DDP was approved. Three (3) variances are applicable under the current Subdivision- Regulations, but were not part of the 1987 ordinances. Table 33030-A requires that driveways to non-residential development on local streets be separated by at least 150 feet. The two (2) driveways on Pine. Street and the two (2) gravel driveways on Holly Street do not meet the separation requirements. Table 33057 requires that 90 degree, standard size parking spaces be 9.5 feet wide by 20 feet long. All standard size parking spaces existing on -site are nine (9) feet wide by 20 feet long. Section 34020 F.2. requires that on corner lots with access to streets of equal classification, only one (1) access driveway is allowed on any of the intersecting streets. Five (5) driveways provide access to ' thus site. Table 34020. limits the amount of impervious cover to 70 percent for public uses. The amount,of impervious cover listed on the 1987 DDP was 61.8 percent, and this figure has been updated to 78'1ercent to account for the current and proposed development. This is the only variance issue that appears to be created by the proposed new development on the site. SPECIAL CONSIDERATIONS: All of the Technical Issues; with the exception of an approved drainage study, have been addressed. In the interests of time, this item has been forwarded to the City Council for their review. However, a building permit will not be issued for the proposed structure until'the drainage study is approved by the Community Owned Utilities Division. FINANCIAL IMPACT: Cost of development review fees that would be waived ($350). RECOMMENDED MOTION: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of a Revised: Detailed Development Plan of the Texas Department of Public Safety Headquarters Office and approval of the requested variances as described in the attached staff report. All of these variances are approved for the existing conditions only. No new development may occur without a revised Detailed Development Plan and reconsideration of the variances, if applicable. The City Council will also need to make a motion to waive the cost of the development review fees. If this item is approved by City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report, Exhibits and Revised Detailed Development Plan. Submi B / Edward I tarry, AIC - Director Hildy L. Kin , AICP Division f Develop m t Services Chief Planner REVISED DETAILED DEVELOPMENT PLAN FOR SHELL ADDITION, BLOCK 139 ALSO KNOWN AS TEXAS DEPARTMENT OF PUBLIC SAFETY HEADQUARTERS OFFICE; AND VARIANCES TO THE SUBDIVISION REGULATIONS, LOCATED AT 515 PINE STREET OWNER/APPLICANT: Williamson County Mr. John Doerfler, County Judge Williamson County Courthouse Georgetown, Texas 78626 869-4417 AGENT: Mr. Wayne Benedict, Maintenance Director 710 Main Street, Courthouse, B-2 Georgetown, Texas 78626 930-4417 FAX 930-3226 REQUEST: Revised Detailed Development Plan for Shell Addition Block 13, also known, as; Texas Department of Public Safety Headquarters Office, as zecorded in Volume 0044, Pages 503- 504 and Volume 0287, Page 16 of the Official Deed Records of Williamson County, ' Texas; and requested variances to the Subdivision Regulations. The applicant has requested a waiver of fees for this project. Location: Located at 515 Pine` Street. SEE EXHIBIT A Existing Site: Existing Texas Department of Public Safety Headquarters Office, the Texas Alcoholic Beverage Commission and Game Warden office, and the Williamson County Sheriff Department office. Existing Zoning: RS, Residential Single Family and C-1, Local Commercial Proposed Use: This application is for a revision to the Detailed Development Plan approved in' 1987 to permit the construction of 3,200 square feet of warehouse area. Surrounding Uses and Zoning: North: Single family residences (RS) South: Feed store and apartments (C-1) DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 1 East: Undeveloped land and railroad (C-1) West: Single family residences (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 3. SEE EXHIBIT B The existing and proposed development is within the allowable limits for this acreage. Notification: The notification requirements have been completed. HISTORY: A Detailed Development Plan of the Williamson County Precinct Office was approved administratively in February 1987. Since that time, 6th Street has been reconfigured so that it forms a direct connection to 7th Street. According to the applicant and confirmed by staff visits to the site, no additional modifications to this property have been made. SEE EXHIBIT C ANALYSIS: The subject site currently consists of the Texas Department of Public Safety Headquarters Office, the Texas Alcoholic Beverage Commission and Game Warden office, and the Williamson County Sheriff Department's office. Vehicle access to the site is provided along Pine Street and 6th Street. There are also two (2) gated gravel driveways along Holly Street. As illustrated in EXHIBIT C, the applicant proposes to add a 3,200 square foot building in the southwest quadrant of the site, to house the Williamson County Maintenance Department. As will be discussed in greater detail below, the proposed structure, combined with the extension of 6th Street, results in an increase in impervious cover beyond that allowed by the Subdivision Regulations. The applicant also proposes to improve the appearance of this property with additional shrubs between the proposed building and the parking lot area, and trees scattered along the perimeter of the property in compliance with the Subdivision Regulations. Examination of the Detailed Development Plan approved for this site in 1987 indicates that some of the design standards contained in the Subdivision Regulations and Zoning Ordinance in effect at the time were not met, although variances were not considered. Because the applicant proposes to make DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 2 Variances Applicable Under the 1987 Ordinances and Current Subdivision Regulations: modifications to the, site, it is appropriate at this time to consider variances for those elements of the existing and proposed development that do not; meet the current design standards of the Subdivision Regulations land Zoning Ordinance. In particular, this report will discuss variances to the existing driveway separation distances, location and size of off-street parking spaces, number of :driveways, impervious cover within the front yard setback, and location of a permanent structure into the right-of-way. If these variances are approved, it will convey legal status to the existing development. This staff report also discusses one (1) variance to the impervious coverage limits which will be exceeded by the construction of the proposed building. Section 33051 A. - General Parking Design Standards This section requires that all off-street parking spaces be located behind the front yard setback lines. Exhibit C shows that the two (2) parking spaces closest to Pine Street are located within the front yard setback. These two (2) parking spaces have existed in this location since the Detailed Development Plan was approved in 1987. This design standard was part of the 1987 ordinances and it is unclear why the development did not incorporate this standard. Nevertheless, it may be appropriate to support a variance to allow these two (2) parking spaces to remain in the front yard setback. Section 34020 G.I. - Building Lines According to Section 34020 G.1., no structure or impervious cover is permitted within the front setbacks. The two (2) parking spaces closest to Pine Street presently encroach into the front yard area. (The definition of impervious cover -- Section 70000 of the Subdivision Regulations -- includes parking areas). This design standard was included in the 1987 Zoning Ordinance and it is unclear why it was not met in the development of this site. However, similar to the other variance requests described above, it may be appropriate to recommend approval of a variance to continue to allow the two (2) parking spaces to be located within the front yard setback of Pine Street. DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 3 Variances Applicable Only Under the Current Subdivision Regulations: Section 34030 - Easements Per Section 34030 of the Subdivision Regulations, no permanent structure may be placed in or over any easement or right-of- way. The Sheriff Department's office building encroaches approximately two (2) feet into the 5th Street right-of-way. While the 1987 ordinances do not specifically address the location of structures in the right-of-way, it does require that structures be located outside of building setback areas. Because it would be impractical to relocate this structure, it may be appropriate to recommend approval of a variance to allow the Sheriff Department's office to remain in its present location. An application for a License to Encroach must be considered by the City Council at the time these variance requests are considered. Approval of the variance will be conditioned on approval of the License to Encroach. Table 33030-A - Design Standards for Streets The Subdivision Regulations state that on local streets such as Pine Street, driveways to non-residential developments must be separated by a minimum of 150 feet. There are currently two (2) driveways on Pine Street separated by a distance of 90 feet and the two (2) gravel driveways on Holly Street are separated by 100 feet. No new driveways are proposed. This design standard was not included in the 1987 Subdivision Regulations or Zoning Ordinance. It may be appropriate to support a variance to allow the driveways along Pine Street and Holly Street to remain in their,present locations, provided no new driveways are constructed. Table 33057 - Parking Facilities Design This section of the Subdivision Regulations requires that 90 degree angle, standard size parking spaces must be 9.5 feet wide by 20 feet long. All standard size parking spaces existing on - site are nine (9) feet wide by 20 feet long. Nineteen parking spaces are currently provided on -site in addition to those required by the Subdivision Regulations. As a result, no parking spaces will have to be added to the site as a result of the proposed building. The applicant's agent states that the three DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 4 (3) employees of the Williamson County Maintenance Building will use the surplus spaces already provided on -site. It may be appropriate to support a variance to continue to allow the existing parking spaces to remain nine (9) feet wide by 20 feet long, given that the Zoning Ordinance which contains the standards that would have been applicable in 1987, does not have this standard. Section 34020 F.2. - Corner Lots This section of the Subdivision Regulations requires that on corner lots with access to streets of equal classification, only one (1) access driveway is allowed on any of the intersecting streets. The subject lot is a corner lot with frontages on Pine Street, 5th Street, Holly Street, 6th Street and 7th Street. As shown in Exhibit C, there are three (3) open driveways to this site: two (2) along Pine Street, and one (1) along 6th Street. There are also two (2) gated driveways along Holly Street. No new driveways will be constructed in conjunction with the development of the proposed structure. This standard was not included in the 1987 ordinances. Therefore, it may be appropriate to recommend approval of a variance to continue to allow the existing driveways to this property, provided no new driveways are constructed. Table 34020 - Design Standards for Lots This section of the Subdivision Regulations limits the amount of impervious cover to 70 percent for public uses. The amount of impervious cover listed on the 1987 DDP was 61.8 percent. This figure has been updated to 78 percent with the revisions made to the DDP to reflect the current development. The applicant maintains that with the exception of the extension of 6th Street adjacent to this property, no new impervious cover has been established on -site since 1987. A portion of the proposed 3,200 square foot building will be situated on existing base material (which is pervious) and therefore, increases the amount of impervious cover by approximately four (4) percent. It is unclear why there is a discrepancy between the 1987 and 1996 impervious cover calculations. Therefore, either the 1987 calculations did not account for all of the impervious cover that existed on -site or new impervious cover has been developed since the 1987 DDP was approved. DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 5 Technical Issues: The Subdivision Regulations require that the following technical issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the technical issues. The Technical Issues must be addressed prior to City Council consideration of this report. 1. Revise the total site acreage and impervious cover calculations to exclude that area which is now contained within the 6th Street right-of-way. STAFF RECONMENDATION: Approval of the Revised Detailed Development Plan of the Texas Department of Public Safety Headquarters Office and approval of the requested variances to Table 33030-A, thereby allowing the driveways along Pine Street and Holly Street to remain in their present location; to Section 33051, thereby allowing the two (2) parking spaces adjacent to Pine Street to remain in the front setback; to Table 33057, thereby allowing the dimensions of the existing parking spaces to remain nine (9) feet wide by 20 feet long; to Section 34020 F.2. , thereby allowing the existing driveways on Pine Street and 6th Street to this property; to Section 34020 G.1., thereby allowing the two (2) parking spaces to be located within the front yard setback of Pine Street; to Section 34030, thereby allowing the Sheriff Department's office to remain approximately two (2) feet into the 5th Street right-of-way provided a License to Encroach is approved by the City Council; and, to Table 34020, thereby allowing a total of 78 percent impervious cover on -site, after making the required findings of fact. All of these variances are approved for the existing conditions only. No new development may occur without a revised Detailed Development Plan and reconsideration of the variances, if applicable. P & Z ACTION: Approval of the Revised, Detailed Development Plan of the Texas Department :of Public Safety Headquarters Office and approval of the requested variances to Table 33030-A, thereby allowing the driveways along Pine Street and Holly Street to remain in their present location; to Section 33051, thereby allowing the two (2) parking spaces adjacent to Pine Street to remain in the front setback; to Table 33057, thereby allowing DDP - Williamson County Precinct Office August 7, 1996 DD-96-13/ File: WCPO.DDP Page 6 CM/WW the dimensions of the existing parking spaces to remain nine (9) feet wide by 20 feet long; to Section 34020 F.2. , thereby allowing the existing driveways on Pine Street and 6th Street to this property; to Section, 34020 G.1., thereby allowing the two (2) parking spaces to be located within the front yard setback of Pine Street; to Section 34030, thereby allowing the Sheriff Department's office to remain approximately two (2) feet into the 5th Street right-of-way provided a License to Encroach is approved by the City Council; and, to Table 34020, thereby allowing a total of 78 percent impervious cover on -site, after making the required findings of fact. All of these variances are approved for the existing conditions only. No new development may occur without' a revised Detailed Development Plan and reconsideration of the variances, if applicable. DDP - Williamson County Precinct Office DD-96-13/ File: WCPO.DDP CM/WW August 7, 1996 Page 7 I �% Council meeting August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a resolution to authorize a License to Encroach into a portion of the 5th Street right-of-way, located along the north property line, for Shell Addition, Block 13, also known as the Texas Department of Public Safety Headquarters Office, located at 515 Pine Street ITEM SUMMARY: All utility providers, including the Director of the Community Owned Utilities Division have agreed to allow a License to -Encroach into a portion of the 5th Street right-of-way for the Williamson County Sheriff Department office. This structure, which was constructed during the 1950s, encroaches approximately two (2) feet into the 5th Street right-of- way, as illustrated in Exhibit A. A Revised Detailed Development Plan with variances to the Subdivision Regulations is also being considered by the City Council as a separate agenda item. SPECIAL CONSIDERATIONS: None. FINANCIAL MPACT: None. COAMENTS: None. ATTACHMENTS: Exhibit A Resolution Edward J. Phrry, AICP - Director Division o Develoome t Services Hildy L. gma, AICP Chief Planner RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND WILLIAMSON COUNTY, PERTAINING TO THE ENCROACHMENT OF A BUILDING INTO A PORTION OF THE 5TH STREET RIGHT-OF-WAY, LOCATED ALONG THE NORTH PROPERTY LINE, FOR SHELL ADDITION, BLOCK 13, AS RECORDED IN VOLUME 0044, PAGES 503-504 AND VOLUME 0287, PAGE 16, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 515 PINE STREET; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easement; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Williamson County to encroach into a portion of the 5th Street right-of-way, located along the north property line, for Shell Addition, Block 13, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in the proposed manner. 2. That there are no utilities which would interfere with the utilization of the a property in the proposed manner. 3. That the driveway is in such a manner that it would not be feasible to relocate it outside the public utility easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is compatible with other uses in the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the building is in such a manner that it would not be feasible to relocate it outside the right-of-way constitutes special circumstances and Shell Addition, Block 13 License Resolution No. _ Page 1 of 3 conditions affecting the property which if not taken into consideration would deprive the applicant of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the building that encroaches into the right-of-way does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the right-of-way by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicant agrees to Accept the terms of the license agreement as presented to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development 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. Utilities/Energy Policy 2, which states: ''The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment; " and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Shell Addition, Block 13 License Resolution No. Page 2 of 3 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with Williamson County, pertaining to the encroachment of a building into a portion of the 5th Street right-of-way, located along the north property line, for Shell Addition, Block 13, commonly known as 515 Pine Street. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: 1996. THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Shell Addition, Block 13 License Resolution No. Page 3 of 3 EXHIBIT I O. O 411� GRADE TO DRAIN Area�of Encroachment_ , (!} x w 1pr- IGr R C PI PE---� /j ` I - - E -- !al 80TTOM of PIPE '/ • i 2 - I 7 .50 � JE 3 \ ArA` 6t4� '�•k�.. FF 732 38 T32.75. _ )32.25 7-1A1 -t i i ♦ v\NNC - 6L OG. `E.�l,.i( 1v 1 ry \ PEw 4 GRADE TO DRAIN, ti �I Ne►V PAIR to Ga>r`, ' N ,r•► t m NOTE: EXIST. GRAVEL - IUgii,j OF Is i IN THIS AREA ARE TO REMAIN RACT� o a I I I \ L HT OF • p�' •� - TRACT 1 U1 r 10 I I < f � G GRADE TO DRAINIt 0 I Q) I 1 0 1 �- -r W 73'c' S 10 i .a r w� r=. 1 -I -- To - • 1 _ 171 �yf'rNN /04'-P . /5-04/0 G CIv C 1 I �ty� i/NI FXZ.Ar-- t O?rvC.T 1 i FXHT F! r1G[: f:,'ftT FtNGt TO )Krj4Al' w j �EYIST ilr(P f i 0, 0.. i I • �\ a - SLOG 1A., Al-T (''AYl O /- - v LIMIT OF �.- CONTRACT �3 rl 11 WILWMSON COUNTY PRECINCT OFFICE �� Council meeting August 13, 1996 Item No. AX AGENDA ITEM COVER SHEET SUBJECT: Consideration of a resolution authorizing the City Attorney to issue a quit claim deed to be filed abandoning a portion of a Public Roadway and Utilities Easement, located between FM971 and MK&T Railroad ITEM SUARWARY: This request is to abandon a portion of a 60 foot public roadway and utilities easement located between FM971 and the MK&T Railroad. This easement includes a gravel driveway connecting FM971 and the properties south of the MK&T Railroad right-of- way. way. As shown in Exhibit A, a thirty (30) foot wide roadway easement and a 15 foot pipeline easement owned by Jonah Water Supply are contained within the subject 60 foot public roadway and utilities easement. These two (2) easements, will. remain in place. The Director of Community Owned Utilities has reviewed the application and agreed to abandon a 1.381 acre tract which consists of a portion of the subject public roadway and utilities easement, as illustrated in Exhibit B. Katy Crossing, a dedicated public roadway, is currently being constructed from FM971 to Claris Lane. Claris Lane is also under construction and provides a 60 foot right-of-way with 40 feet of pavement, and overlays the remainder of the 60 foot wide public roadway and utilities easement to the MK&T Railroad right-of-way. These two (2) streets will provide improved access from FM971 to the properties south of the MK&T Railroad. SPECIAL CONSIDERATIONS: None. FINANCIAL EMPACT: None. COAMENTS: None. RECOMIIIENDED MOTION: If this item is approved by the City Council, it will authorize the recordation of a quit claim deed abandoning the subject Public Roadway and Utilities Easement. ATTACHMENTS: Exhibit Resolution Submitted By: Edward arry, AIC - Director Hildy L. . gma, AICP Division,/of Develop ent Services Chief Planner FYhihit Exhibit B M. 9?,Lr N 7r'9 �E — �• Vio.�— � tJy— f - T BASTIAN LAN � •. �-��� tt 1 � � y 4 - u`3.I + a p �� + + T�{ I'�"t ly 9 s� K Z9 7. -25 ; k ,a •• 'sed Area o nm@nt JQ 57lP*7 , FUTURR 11VLT1 AulL.Y 12 cove 3 !e f f 1 19 ri Y 21 15 r` p2 1 16 PARK -w [ry �` �; I if 13, 3 L 7 •---� i 1.384 Ac_ 1 4?1r 41 % 12 toto 1 `. / r6 ",' it •� j ! 57 5- �; � � � Pfi t./,F Il � .,,• � � 19 t� � � ,,� I a .Y !1 !p r3' , 1 a C • ,. q •. � 47 A 3 J �N lot' 1AW' Ilk r'ANNEfl i, 33 32�30 d — -17 ..r Frm rrnr se r •.r�w0•C iiawr y ICE/! ala 1� �z►J�•�uS+rii.-LM.PdMi.sUtst.aij"L.�lsyc�Raa07 I IY .ailaCY � r V rcn t••�iOI i ". tos KATY CROSSING.; SEC. 1 COLLECTOR STREETS UNDER CONSTRUCTION 60 FEET OF BIGHT OF WAY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO VACATE AND ABANDON A PORTION OF A PUBLIC ROADWAY AND UTILITIES EASEMENT LOCATED BETWEEN FM971 AND MK&T RAILROAD, AS RECORDED IN VOLUME 1358, PAGE 167 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, the City of Georgetown has received an Application for the Vacation of a Portion of a 60 foot Public Roadway and Utilities Easement located between FM971 and MK&T Railroad, as recorded in Volume 1358, Page 167 of the Deed Records of Williamson County, Texas; and WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that there are no utilities existing in the easements and that the utility companies serving the area including and surrounding the easements have determined that there exists no present or foreseeable need for the easements. 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 finds that this action implements the following policies of the Century Plan - Policy Plan: " 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. Utilities/Energy Policy 2, which states "The City will establish Utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact on the environment. " The City Council has found that this action 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. Vacation of a Portion of a 60 foot Public Roadway and Utilities Easement between FM971 and MK&T Railroad Resolution No. Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute, on behalf of the City of Georgetown, a Quit Claim Deed abandoning a portion of a Public Roadway and Utilities Easement located between FM971 and the MK&T Railroad, as recorded in Volume 1358, Page 167 of the Deed Records of Williamson County, Texas, and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: Leo Wood City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Vacation of a Portion of a 60 foot Public Roadway and Utilities Easement between FM971 and MK&T Railroad Resolution No. Page 2 of 2 Council meeting August 13, 1996 Item No. - Y AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an ordinance to rezone a Part of Dalrymple Addition, from RS, Residential Single Family to RM-3, Office and Service Use or RP, Residential Planned, located at 406 West University Avenue ITEM SUW4ARY: This property fronts University Avenue (SH29) and is zoned RS, Residential Single Family. The current request is for a change from RS, to RM-3, Office and Service Use. The subject lot is included in a two and a half (2 1/2) block stretch along the south side of University Avenue that is zoned RS. In the initial review of this application, staff requested that the applicant submit a preliminary site plan illustrating how the subject lot could support a change in use to allow offices. The preliminary site plan shows that the existing structure could be maintained and that an additional seven (7) parking spaces could be provided at the rear of the structure. A zoning designation which allows for a range of uses compatible with the historical character of the neighborhood and incorporates the tools to protect that character is most desirable. Given that this residence and the adjacent residences front on SH29, a major arterial roadway, and nearby- lots rare zoned to accommodate commercial uses, it may be appropriate to rezone the subject lot to a district that would permit commercial uses. The RP, Residential Planned district allows for any residential uses and would also allow for the proposed office use, as well as other low intensity commercial uses. The RP district also requires that a site plan be prepared for any proposed use of the site. It may be appropriate to rezone this property to the RP district rather than the requested RM-3 district. Because a specific site plan is required in the RP district, it may be reasonable to require a detailed development plan (DDP) as required by the Subdivision Regulations. The DDP requirement will be important to ensure that any non - single family use of the properties maintain their historical character and minimize impacts such as parking and access on the adjacent single family properties. The site plan should be required at the time that any permits are requested that would substantially change the design, use or character of the subject properties. SPECIAL CONSIDERATIONS: The subject lot as well as several of the residences that front on SH29 between Timber Street and Austin Avenue were considered to have historic value in the 1984 Historic Resource Survey. The City Council should consider directing staff to rezone all other RS zoned property along SH29, between Timber Street and Austin Avenue, to the RP zoning district with the conditions placed on the subject property. Therefore, the RP zoning district with the DDP requirement will provide for a range of uses compatible with the historical character of the neighborhood and incorporate the tools to protect that character. FINANCIAL UWPACT: None. COM DENTS: At their regular meeting of July 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning from RS, Residential Single Family District to RP, Residential Planned District, thereby allowing any uses in the RS district by right, and any uses in the remaining "R" districts provided a detailed development plan is approved by the Commission and City Council and provided the Commission and Council determine the proposed use will preserve` the historic appearance of the property and will not create detrimental uses of the property, including but not limited to, excessive noise and traffic. At its July 23, 1996 meeting, the City Council approved this ordinance for first reading. RECOMN ENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation and direct staff to initiate rezoning of other residences zoned RS along SH29, between Timber Street and Austin Avenue. ATTACHMENTS: Staff Report, Exhibits and Ordinance. Submitted By: Edward J. , AICP Director HMy L. ma, AICP UU Division o Development Services Chief Planner REZONING OF A PART OF DALRYMPLE ADDITION, FROM RS, RESIDENTIAL SINGLE FAMILY TO RM-3, OFFICE AND SERVICE OR RP, RESIDENTIAL PLANNED, LOCATED AT 406 WEST UNIVERSITY AVENUE OWNER: Mr. Mike Luna 8617 Minot Circle Austin, Texas 78748 416-1212 AGENT: Mr. I.T. Gonzales I.T. Gonzales Engineers P.O. Box 3336 . , Austin, Texas 78764 447-6382 FAX 447-6389 REQUEST: Rezoning of a part of Dalrymple Addition, from RS, Residential Single Family to RM-3, Office and Service or RP, Residential Planned. This lot is recorded in Volume 2634, Page 792 of the Official Deed Records of Williamson County, Texas. FACTS: Locations: Located at 406 West University Avenue. SEE EXHIBIT A Existing Site: Single family residence. Existing Zoning: This parcel is currently zeped RS, Residential Single Family. SEE EXHIBIT A Proposed Use: Conversion of the residence to office space is proposed. Surrounding Uses and Zoning: North: Fleager Addition parking lot (RM-3) and single family residences (RS) South: Single family residences (RS) East: Single family residences (RS) West: Autozone (C-1) and single family residences (RS) Rezone - 406 West University Avenue RZ-96-11 File: DALRYMPL.REZ Page 1 CM/WW Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 3. This Intensity Level allows for 1,020 square feet of general office space. Of the approximately 1,200 square feet of usable space within the building, approximately 900 square feet can be used for office space, with the remaining 300 square feet being reserved for hallways, bathrooms, kitchen, etc. The proposed office square footage is within the allowable limits for this Intensity Level. SEE EXHIBIT B Notification: Notification has been completed as required. History: At some time during 1994, a sign was posted advertising the Law Offices of Mike Luna. In late 1994, staff informed Mr. Luna that this property "was zoned for single family residential uses and that the only office use allowed was under the home occupation provision. No confirmation is available that the property was used as a residence at the same time it was an office. There is no record of permits issued for improvements of the property or the business sign. The sign has been removed and the structure has been gutted. This property was identified as a high priority historic resource in the Historic Resource Survev of Georgetown, Texas prepared in July 1984 for the Georgetown Heritage Society. While all high priority sites were considered for possible inclusion in a National Register Multiple -Resource preliminary submission, this inventory has not been formally implemented. The interior of the residence has been removed and only the outside building frame remains. ANALYSIS: This property fronts University Avenue (SH29) and is zoned RS, Residential Single Family. SEE EXHIBIT A The RS district classification was assigned to this location when the Zoning Ordinance was adopted in 1968. The subject lot is included in a two and a half (2 1/2) block stretch along the south side of University Avenue that is zoned RS (between Timber Street and Austin Avenue). This zoning designation also extends to the neighborhoods directly south of the subject lot. Rezone - 406 West University Avenue RZ-96-11 File: DALRYMPL.REZ Page 2 CM/WW The current request is for a change from RS to RM-3. Some of the uses allowed by right in the RM-3 district are hospitals or clinics, religious and educational institutions, clubs and lodges, small offices, personal service shops, artist and photographer studios, pre-school, kindergarten, and other private schools, and assisted living centers. In the initial review of this application, the DRC staff requested that the applicant submit a preliminary site plan illustrating how the subject lot could support a change in use to allow offices. The preliminary site plan prepared for the subject lot shows that the existing structure could be maintained and that an additional seven (7) parking spaces could be provided at the rear of the structure, accessed -by 'ihe existing driveway. Detailed information regarding landscaping, detention, impervious cover was not included in the preliminary site plan. SEE EXHIBIT C While the preliminary site plan indicates that this lot may be able to support the proposed use, it is likely that it will not be able to meet all of the design standard criteria outlined in the Subdivision Regulations, and therefore it would require variances. If rezoning of this site is approved, a Detailed Development Plan (DDP) must be prepared prior to occupancy of the structure. The DDP will address any variances requested to the Subdivision Regulations. A zoning designation which allows for a range of uses compatible with the historic character of the neighborhood and incorporates the tools to protect that character is most desirable. Given that this residence and the adjacent residences front along SH29, which is designated as a major arterial roadway, and nearby lots are zoned to accommodate commercial uses, it may be appropriate to rezone the subject lot to a district that would permit commercial uses. The requested RM-3 district does not incorporate a means to ensure that site design on this property is compatible with the character of the area and minimizes the impact on surrounding property. The RP, Residential Planned district would allow for the proposed office use, as well as other low intensity commercial uses. The RP district allows for any residential uses including Rezone - 406 West University Avenue RZ-96-11 File: DALRYMPL.REZ Page 3 CM/WW detached, semi -attached, attached, or multifamily dwelling units. It also allows for commercial uses, if these businesses provide a needed service or convenience for the immediate area. These uses may include professional offices, cleaners and laundry facilities, barber / beauty shops, pharmacies, repair shops and convenience stores. In addition, the RP district does require that a site plan be prepared for any proposed use of the site. It may be appropriate to rezone this property to the RP district rather than the RM-3 district requested by the applicant. In addition, because a specific site plan is required in the RP district, it may be reasonable to require a detailed development plan (DDP) as required by the Subdivision Regulations. These standards reflect' the most up-to-date set of community standards for site design. The DDP requirement will be important to ensure that any non -single family use of the properties maintain their historical character and minimize impacts such as parking and access on the adjacent single family properties. The site plan should be required at the time that any permits are requested that would substantially change the design, use, or character of the subject properties. This would include requests for alterations to the structure that may jeopardize the historic significance of the structure, demolition requests, or any change in use from the current single family use of the properties. The subject lot as well as several of the residences that front along SH29 between Timber Street and Austin Avenue were considered to have historic value in the 1984 Historic Resource Survey. Therefore, it may also be reasonable to consider initiating the rezoning of the other residences from RS to RP. STAFF RECOMMENDATION: Approval of the requested rezoning from RS, Residential Single Family District to RP, Residential Planned District, thereby allowing any uses in the RS district by right, and any uses in the remaining "R" districts provided a detailed development plan approved by the Commission and City Council and provided the Commission and Council determine the proposed use will preserve the historic appearance of the property and will not Rezone - 406 West University Avenue RZ-96-11 File: DALRYMPL.REZ Page 4 CM/WW create detrimental uses of the property, including but not limited to, excessive noise and traffic. P & Z ACTION: Approval of the requested rezoning from RS, Residential Single Family District to RP, Residential Planned District, thereby allowing any uses in the RS district by right, and any uses in the remaining "R" districts provided a detailed development plan is approved by the Commission and City Council and provided the Commission and Council determine the proposed use will preserve the historic appearance of the property and will not create detrimental uses of the property, including but not limited to, excessive noise and traffic. Rezone - 406 West University Avenue RZ-96-11 File: DALRYMPL.REZ Page S CM/WW I 9 a DETERMINATION OF PERMITTED DEVELOPMENT EXHIBIT B GIVEN A SINGLE LAND USE 1. 'DATE': June 13, 1996 'PROJECT NAME': Dalrymple Addition, part of Block G Rezoning 2. "GIVEN' acres of Intensity Level 1 acres of Intensity Level 2 0.26 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 0.26 TOTAL ACRES 3. ALLOWABLE DEMAND: WATER WASTEWATER TRANSPORTATION INTENSITY LEVEL Peak GPD Average GPD Peak Trip Ends 2 0 0 0 3 978 281 3 4 0 0 0 5 0 0 0 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: 978 Maximum GPD Water Capacity: Maximum GPD Wastewater Capacity: 281 Maximum Trip Ends: 3 5. PERMITTED DEVELOPMENT: LAND USES Detached SF Large Lot Average Lot Zero Lot Line Attached SF Multifamily Mobile Home Lodging Institutional Church -with day care -w/o day care Medical Office General Office Retail, Mixed Retail, Restaurant Retail, Store Employment Centers Warehouse Mini -Warehouse (a) POTENTIAL UNITS BY UTILITY (b) MAXIMUM (c) PER DEV (d) DEVELOPMENT WATER -------- --------------------- WASTEWATER --------- TRANSPORTATION -- UNITS - REGS ALLOWED/UNIT 1 1 4 i 1 1 1 housing units 1 1 3 1 2 1 housing units 1 1 3 1 3 1 housing units 2 2 2 2 4 2 housing units 2 2 1 I 1 6 1 housing units 2 1 3 I 1 1 housing units 5 5 2 I 2 2 rooms 2,850 3,052 3,092 2,850 2,850 square feet 3,174 3,383 167 167 167 square feet 5256 5,616 3,611 3,611 3,611 square feet 2,350 2.507 -.806 806 806 square feet 2,686 3,086 1,020 157 1,020 157 1,020 square feet 157 square feet 1,504 627 1,723 585 229 229 229 square feet 3,008 3,191 541 541 541 square feet 2,686 3,086 568 568 568 square feet 17,151 20,057 4,333 4,333 41333 square feet 244.400 280,800 10,000 10,000 10,000 square feet LEGEND PROPERTY CORNER L EXIST. CONC, TO REMAIN �T- PROPOSED PAVEMENT s .loon nI I inn Pi 6 0. 0' R. O. w RM-= l J I CL Rs ENGINEER I.T. GONZALEZ ENGINEERS PROPERTY, PART Of W B. DALRYMPL.CS ADDITION, P.O. BOX 3336 BLOCK PT G, 0.2586 ACRES RE —ZONING RS TO RM— AUSTIN, TX 78764 � 17;1,rF,t• OWNER, MR. MIKE LUNA PROPOSED PARKING IM <512> 447-6382 8167 MINOT CIRCLE ,. l `1.T...CONZALLZ AUSTIN, Ix 78748 ' 413e7,�°•'a it SCALE,t = 10.o 406_W__UN.VERS:TY p 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 19689 AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE PROPERTY OWNED BY MIKKE LUNA, A PART OF THE DALRYMPLE ADDITION AS RECORDED IN VOLUME 26349 PAGE 792 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RS, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT CLASSIFICATION TO RP, RESIDENTIAL PLANNED DISTRICT ZONING CLASSIFICATION; 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") : PROPERTY OWNED BY MIKE LUNA, A PART OF THE DALRYMPLE ADDITION AS RECORDED IN VOLUME 2634, PAGE 792 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 WHEREAS, the City Planning and Zoning Commission in a meeting held on July 2, 1996, recommended changing said zoning district classification of the above described property 406 W. University Avenue Rezoning Ordinance No. Page 1 of 3 from the RS, Residential Single Family District to RP, Residential Planned District, thereby allowing any uses in the RS district by right, and any uses in the remaining R districts provided a detailed development plan is approved by the Commission and City Council and provided the Commission and Council determine the proposed use will preserve the historic appearance of the property and will not create detrimental uses of the property, including but not limited to, excessive noise and traffic, 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 RP, RESIDENTIAL PLANNED district, thereby allowing any uses in the RS district by right, and any uses in the remaining "R" districts provided a detailed development plan is approved by the Commission and City Council and provided the Commission and Council determine the proposed use will preserve the historic appearance of the property and will not create detrimental uses of the property, including but not limited to, excessive noise and traffic, 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. 406 W. University Avenue Rezoning Ordinance No. Page 2 of 3 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 23rd day of July, 1996. PASSED AND APPROVED on Second Reading on the day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers -Banks City Attorney 406 W. University Avenue Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor i • `ice:. •� f _ - �•�, •" ,l , •.^ :; . 4aa� i11 1. Council meeting date: August 13. 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Ordinance amending Section 10.12.090 of the Code of Ordinances relating to school speed zone on Northwest Blvd./Second Reading ITEM SUMMARY _ This is the second reading of an ordinance establishing a school speed zone along Northwest Blvd. near two private schools, Community. Montessori School and Eagle's Nest Christian School. COU staff have studied the location and have determined that a school speed zone is warranted at this location. FINANCIAL IMPACT The City will post school speed limit signs, and begin traffic enforcement, along with the other school zones, when the new school year begins. COMMENTS ATTACHMENTS . Proposed Ordinance Submitted By: — Marianne Landers Banks, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 10.12.090 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO SPEED LIMITS, AND SPEED ZONES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, two private schools are located on Northwest Blvd and the traffic has increased significantly on Northwest Blvd between Janis Drive and IH-35 Frontage Road; WHEREAS, the City Council of the City of Georgetown, Texas, hereby finds it necessary to modify the speed on Northwest Blvd to include a school zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Transportation Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals", 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. Chapter 10.12.090 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "10.12.090 All City Streets. B. 20 Mile Per Hour Zones. 26. School Speed Zone. Northwest Blvd: Beginning 330 feet from the intersection of Northwest Blvd and the West IH-35 frontage road, and continuing east along Northwest Blvd to a point 900 feet west, a prima facie maximum speed limit of 20 miles per hour during the hours of 7:45 a.m. until 9:00 a.m., and 2:15 until 4:00 p.m. when school is in session. 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. Speed Limit Northwest Blvd)Ordinance No. Page 1 of 2 Pages SECTION 4. 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 July, 1996. 1996. PASSED AND APPROVED on Second Reading on the day of ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Speed Limit Northwest Blvd)Ordinance No. Page 2 of 2 Pages THE ITY OF GEORGET WN: By: LEO WOOD Mayor Council meeting August 13, 1996 Item No. AA AGENDA ITEM COVER SHEET SUBJECT: First Reading of an Ordinance to Rezone the West University Professional Center, From RS, Residential Single Family to C-1, Local Commercial, or Any More Restrictive District, located at 950 West University Avenue ITEM SUMMARY: The subject parcel of land was annexed in 1987 and is presently zoned RS, Residential Single Family, which restricts its use to single family residential purposes (see Exhibit A). This property is currently developed with an office building and is thus a legal non- conforming use because it existed before the property was annexed. The proposed rezoning of this property is compatible with the surrounding commercial uses. Given the location of this property adjacent to -a major arterial roadway, its proximity to IH35, and existing development with medical offices, it is not appropriate for future residential development. The subject parcel will need to be rezoned from Residential Single Family to C-1, Local Commercial in order to accurately reflect the nature of the existing development. SPECIAL CONSIDERATIONS: None. FINANCIAL IM PACT: None. COADIENTS: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning from RS, Residential Single Family District to C-1, Local Commercial, for the West University Professional Center. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with,.the Planning and Zoning Commission's recommendation. ATTACB MENTS: Staff Report, Exhibits and Ordinance. Submitted By: Edward J Barry, AICP - Director Divisio of Developm nt Services Hildy L. Ki ma, AICP Chief Planner REZONING OF WEST UNIVERSITY PROFESSIONAL CENTER, FROM RS, RESIDENTIAL SINGLE FAMILY TO C-1, LOCAL COMMERCIAL, OR ANY MORE RESTRICTIVE DISTRICT, LOCATED AT 950 WEST UNIVERSITY AVENUE OWNER/APPLICANT: Good Guys Joint Venture 950 West University Avenue Georgetown, Texas 78626 863-7567 FAX: 869-2077 AGENT: Mr. Ercel Brashear 624 South Austin Avenue #230 Georgetown, Texas 78626 863-0593 FAX: 869-0353 REQUEST: Rezoning of West University Professional Center, as recorded in Cabinet E, Slides 234-235 of the Official Plat Records of Williamson County, 'Texas. FACTS: Location: Located at 950 West University Avenue. Existing Site: Medical office building Existing Zoning: This parcel was zoned RS, Residential Single Family upon annexation in 1987. SEE EXHIBIT A Proposed Use: No change in use is proposed. Surrounding Uses and Zoning: North: Riveroaks Subdivision, commercial center (C-1) South: Undeveloped land (RS) East: Undeveloped land and LCRA Substation (RS) West: Texaco convenience center (RS), undeveloped land and IH35 (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 6. The existing use is within the allowable limits for this acreage. SEE EXHIBIT B Notification: The notification process has been completed. Rezoning - West University Professional Center August 7, 1996 RZ96-19/File: W-U-P-C.REZ Page 1 CM:WW ANALYSIS: The subject parcel of land was annexed in 1987 and zoned RS, Residential Single Family, which restricts its use to single family residential uses (Exhibit A). This property is currently developed with an office building and is thus a legal non- conforming use because it existed before the property was annexed. The proposed rezoning of this property is compatible with the surrounding commercial uses. Given the location of this property adjacent to a major arterial roadway, its proximity to IH35, and existing development with medical offices, it is not appropriate for future residential development. The subject parcel will need to be rezoned to from RS, Residential Single Family to C-1, Local Commercial in order to accurately reflect the nature of the existing development. STAFF RECOMMENDATION: Approval of the requested rezoning from RS, Residential Single Family District to C-1, Local Commercial, for the West University Professional Center. P & Z ACTION: Approval of the requested rezoning from RS, Residential Single Family District to C-1, Local Commercial, for the West University Professional Center. Rezoning - West University Professional Center RZ96-19/File: W-U-P-C.REZ CM:WW August 7, 1996 Page 2 om EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': July 16, 1996 -PROJECT NAME-: West University Professional Center 2. 'GIVEN' 0.00 acres of Intensity Level 1 0.00 acres of Intensity Level 2 0.00 acres of Intensity Level 3 0.00 acres of Intensity Level 4 0.00 acres of Intensity Level 5 3.99 acres of Intensity Level 6 3.99 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPO Average GPO Peak Trip Ends 1 0 0 0 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 6 64.189 23.940 1,596 4. TOTAL ALLOWABLE DEMAND: i Maximum GPD Water Capacity. 64.189 Maximum GPD Wastewater Capacft . 23,940 Maximum Trip Ends: 1.596 5. PERMITTED DEVELOPMENT: (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES WATER WASTEWATER TRANSPORTATIONI UNITS I REGS I ALLOWED/UNIT Detached SF 1-1-1 I I I Large Lot 73 83 2.664 1 72.7649092 1 7.98 1 8 housing units Average Lot 84 96 1.801 1 84.3577154 1 28.9674 1 29 housing units Zero Lot Line 84 96 1.801 1 84.3577154 1 38.6232 1 39 housing units Attached SF 130 137 1.468 1 129.521538 1 57.9348 I 130 housing units Multifamity 159 153 703 1 153.461538 I 114.2029 1 114 housing units Mobile Home 130 124 1,884 1 124.041451 I I 124 housing units Lodging 438 392 1,152 1 392.459016 I 1 392 rooms Institutional 245.449 260.217 1.897,741 I 245448.98 I 1 245,449 square feet Bch -with day care 273.341 288,434 102.571 1 102570.694 I I 102,571 square feet -w/o day care 452.629 478,800 2.216,667 1 452629.032 I I 452,629 square feet Medical Office 202,377 213,750 494.577 1 202377.404 I I 202.377 square feet General Office 231.288 263.077 625.882 1 231288.462 1 I 231.288 square feet Retail. Mixed 129.522 146.871 96,622 1 96621.8671 I I 96,622 square feet Retail. Restaurant 53,967 49.875 140.369 1 49875 I I 49,875 square feet Retail, Store 259,043 272.045 332.362 1 259043.077 I 1 259,043 square feet Employment Centers 231.288 263.077 348,776 1 231288.462 1 I 231,288 square feet Warehouse 1.477,000 1.710.000 2.660.000 I 1477000 1 I 1.477.000 square feet Mini -Warehouse 21.047.250 23.940,000 6,138.462 i 6138461.54 I I 6,138,462 square feet is 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 THE WEST UNIVERSITY PROFESSIONAL CENTER SUBDIVISION, AS RECORDED IN CABINET E, SLIDES 234 -235 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RS, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT CLASSIFICATION TO C-19 LOCAL COMMERCIAL DISTRICT ZONING CLASSIFICATION; 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"): THE WEST UNIVERSITY PROFESSIONAL CENTER SUBDIVISION, AS RECORDED IN CABINET E, SLIDES 234-235 OF THE OFFICIAL PLAT 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 WHEREAS, the City Planning and Zoning Commission in a meeting held on August 6, 1996, recommended changing said zoning district classification of the above described property West University Professional Center Rezoning Ordinance No. Page 1 of 3 from the RS, Residential Single Family district, zoning classification to C-1, Local Commercial district zoning classification, 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 West University Professional Center Rezoning Ordinance No. Page 2 of 3 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 day of , 1996. PASSED AND APPROVED on Second Reading on the day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney West University Professional Center Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor ti -%- 07 W, MIS tow • Council meeting August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: First Reading of an ordinance to rezone property known as Lots 9 and 10, River Oaks IH35 Business Park, a Resubdivision of River Oaks- of Georgetown Office Park, located on the east IH35 frontage road north of SH29, from C-2A, Commercial First Height - Restricted, to C-2A, Commercial First Height - Restricted to permit Multifamily Uses, or any more restrictive district ITEM SUNS IARY: A Final Plat has been approved for the River Oaks IH35 Business Park subdivision. This subdivision includes ten (10) developable, commercial lots and one (1) park land lot. The subject property was rezoned in 1994 to C-2A - Restricted to allow it to be developed as anything except a use that would be permitted in any of the "R" districts. Some of the prohibited uses are single family and multifamily residences, churches, schools, hospitals, small offices, and personal service shops. The reason that these uses were restricted from this property is that an Intensity Level Five has been assigned to the property and utility improvements have occurred to allow the high level of intensity. This rezoning is requested to permit the construction of a multifamily residential complex for senior citizens on Lots 9 and 10. The request will not completely remove, the restriction on the C-2A zoning currently assigned to the property. Instead, it is I a request to adjust the zoning to add multifamily residential uses to those already .permitted on the property. All other uses that are permitted in the "R" districts would still be prohibited if the rezoning is approved as requested. The proposed rezoning area is at the east end of River Oaks Cove, farthest from the IH35 frontage road. While this area may not be suitable for :single family residential use, it is suitable for multifamily use. Typically, multifamily uses seek highly accessible areas. The subject site is very accessible, without being directly located on the frontage road. If approved, the rezoning will also still allow for the commercial uses that are permitted on the site, currently. SPECIAL CONSIDERATIONS: None. FINANCIAL UYIPACT: None. COMMENTS;, At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the. requested rezoning of River Oaks IH35 Business Park, Lots 9 and 10, from C-2A, � Commercial First Height - Restricted, to C-2A, Commercial First Height - Restricted to add Multifamily uses to those permitted. All other uses permitted in the "R" zoning districts will be prohibited. RECOND4ENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation. ATTACHMENTS: Staff Report and Ordinance. u Edward J Division I - Director t Services Hildy L. gma, AICP Chief Planner REZONING OF RIVER OAKS IH35 BUSINESS PARK, LOTS 9 AND 10, A RESUBDIVISION OF RIVER OAKS OF GEORGETOWN OFFICE PARK, LOCATEI) ON THE EAST IH35 FRONTAGE ROAD NORTH OF SH29, FROM C-2A, COMMERCIAL FIRST HEIGHT - RESTRICTED, TO C-2A, COMMERCIAL FIRST HEIGHT - RESTRICTED TO PERMIT MULTIFAMILY USES, OR ANY MORE RESTRICTIVE DISTRICT OWNER: Mr. Steven C. Stiles 1994 Land Fund II - Dallas 1, L.P. 2714 Bee Caves Road Austin, Texas 78746 328-3966 FAX: 328-3972 AGENT: Mr. Robert Gaylor 3105 Indian Mound Georgetown, Texas 78628 863-7042 FAX: 863-7042 REQUEST: Rezoning of River Oaks M35 Business Park, Lots 9 and 10, a resubdivision of Riveroaks of Georgetown Office Park, as recorded in Cabinet H, Slides 260-261 of the Official Plat Records of Williamson County, Texas. SEE EXHIBIT A Existing Zoning: C-2A, Commercial. First Height, Restricted, to prohibit any of the "R" district uses. Proposed Use: Multifamily. HISTORY: The Preliminary Plat with a requested variance to allow the River Oaks Cove cul-de-sac to be 750 feet long, was approved \ ` , by City Council in January 1996. The Final Plat was approved by the City Council in April 1996. The plat has not been recorded pending the completion of public improvements. ANALYSIS: The approved Final Plat is for ten (10) developable, commercial lots and one (1) park land lot. This subdivision will use City of Georgetown water, wastewater and electric services. The subject property was rezoned in 1994 to C-2A - Restricted to allow it to be developed as anything except a use that would River Oaks IH35 Business Park, Lots 9 & 10, Rezoning August 7, 1996 REZ-96-03/Fi1e:RVOK35BP.REZ Page 1 CM:HK be permitted in any of the "R" districts. Some of the prohibited uses are single family and multifamily residences, churches, schools, hospitals, small offices, and personal service shops. The reason that these uses were restricted from this property is that an Intensity Level Five has been assigned to the property and utility improvements have occurred to allow the high level of intensity. More than one million dollars in utility improvements have been invested to accommodate a high intensity user, and the City also contributed one million dollars for the construction of the frontage road. The investment in the utility system may only be recouped through the sale of water and electricity to the site. The debt incurred as a result of the contribution to the frontage road is being paid off by assessing those properties having access -to it;- based on the increased value of the property being derived from the frontage road. Most of the uses permitted in the "R" zoning districts would not be able to generate significant utility revenues and would severely limit the increase in value of the land due to the frontage road. Therefore, such low density development would be a fiscal liability to the City since the money to pay for the utility and transportation improvements would have to come from other sources within the City budget. The current proposal is to construct a multifamily residential complex for senior citizens on Lots 9 and 10. The request is not to completely remove the restriction on the C2=A zoning currently assigned to the property. Instead, it is a request to adjust it to add multifamily residential uses to those already permitted on the property. All other uses that are permitted in the "R" districts would still be prohibited if the rezoning is approved as requested. The proposed rezoning area is at the east end of River Oaks Cove, farthest from the IH35 frontage road. While this area may not be suitable for single family residential use, it is suitable for multifamily use. Typically, multifamily uses seek highly accessible areas. The subject site is very accessible, without being directly located on the frontage road. If approved, the rezoning will also still allow for the commercial uses that are permitted on the site currently. STAFF RECONMIENDATION: Approval of the requested rezoning of River Oaks IH35 Business Park, Lots 9 and 10, from C-2A, Commercial First Height - Restricted, to C_ River Oaks IH35 Business Park, Lots 9 & 10, Rezoning REZ-96-03/File:RVOK35BP.REZ CM:HK August 7, 1996 Page 2 2A, Commercial First Height - Restricted to add Multifamily uses to those permitted. All other uses permitted in the "R" zoning districts will be prohibited. P & Z ACTION: At their regular meeting of August 6, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning of River Oaks IH35 Business Park, Lots 9 and 10, from C- 2A, Commercial First Height - Restricted, to C-2A, Commercial First Height - Restricted to add Multifamily uses to those permitted. All other uses permitted in the "R" zoning districts will be prohibited. River Oaks IH35 Business Park, Lots 9 & 10, Rezoning REZ-96-03 /File:RVOK35BP.REZ CM:HK August 7, 1996 Page 3 EXIT R r � • \FL` ' _'Y y}.�' �'+�^' ��^. �' Pip+ � � \ � n �� �� �%: �„�w�.�. 1, �c- s y /� //y� �'�., ♦ . 1L r� Final Plat f o r River Oaks — I.H. 35 Business Park LnI. �n a �'�� •� -' i � �,$'K j j j� .`,y�.,'� - � ; ! ' � � �' rY ID �„ .9-C 1. � '/ -.�,� `:� ♦ N � ;� n MAZ MY- -fee - ---- - 00 10 ` i T 19 via Va Va 77 ••fir o` ♦ F q , , o y,y R -- •, c7 I N cli i HC, cin u u I� — i I ' one It1 Y : o �. _ % o g co to Z L o ���I�) $ - � • �=ram � _, J ='u+ - ,�.,;;��` Z - J 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 PROPERTY TO BE KNOWN AS LOTS 9 AND 10, RIVER OAKS IR35 BUSINESS PARK SUBDIVISION, A RESUBDIVISION OF RIVER OAKS OF GEORGETOWN OFFICE PARK, AS RECORDED IN CABINET H, SLIDES 260-261 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE C- 2A, COMMERCIAL FIRST HEIGHT - RESTRICTED DISTRICT ZONING CLASSIFICATION TO C-2A, COMMERCIAL FIRST HEIGHT - RESTRICTED TO PERMIT MULTIFAMILY USES DISTRICT ZONING CLASSIFICATION; 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"): PROPERTY TO BE KNOWN AS LOTS 9 AND 10, RIVER OAKS IH35 BUSINESS PARK, A RESUBDIVISION OF RIVEROAKS OF GEORGETOWN OFFICE PARK, AS RECORDED IN CABINET H, SLIDES 260-261 OF THE OFFICIAL PLAT 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 River Oaks Bus Park, Lots 9 & 10, Rezoning Ordinance No. Page 1 of 3 WHEREAS, the City Planning and Zoning Commission in a meeting held on August 6, 1996, recommended changing said zoning district classification of the above described property from the C-2A, Commercial First Height - Restricted, district zoning classification to C-2A, Commercial First Height - Restricted to permit multifamily uses district zoning classification, 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 ig 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 C-2A, COMMERCIAL FIRST HEIGHT - RESTRICTED district to C-2A, COMMERCIAL FIRST HEIGHT - RESTRICTED to permit multifamily use 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 River Oaks Bus Park, Lots 9 & 10, Rezoning Ordinance No. Page 2 of 3 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 day of August, 1996. PASSED AND APPROVED on Second Reading on the day of 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney I* River Oaks Bus Park, Lots 9 & 10, Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor EXH", T R Sam- Ry=j .r--- 4 Final Plat for �- River Oaks — I.H. 35 a y y1 v i •. Business Park ON rc , 00 it Z � ` 001/ cn c•� b� N 05 N , rcli. -f J'z i. Z to re) CID VI J n a r 3 a'!-! y: t- o Ir 'I o -_ J o g cou i:3 ?r C7rvJJe�1t3 ' e -I 1 ' ..-i �- Vf W � o .e[ m t . + ii* ' o Z n` - o—�cRo LU co U l � - •t7i /tea ti•.i � \ O "�8 ,\h _ 2 O �' b, ,(` +• V Q �i ✓` . `� 1 <� !tea ; a ~•j C�� V�; .�;4 may\ �i .�1 �.• }� 3 lj, W \ ? } , .I Aj Council meeting date: August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Ordinance amending Section 10.12.090 of the Code of Ordinances relating to speed limt for Del Webb Boulevard/First Reading ITEM SUMMARY This ordinance will establish a speed limit of 45 miles per hour along Del Webb Boulevard. As you may recall, in order to facilitate the development of Sun City, the City Council. agreed to amend the Century Plan to move the major arterial roadway which was planned to connect R.M. 2338 to State Highway 195 from. its location immediately east of F.M. 3405 to the location now known as Del Webb Boulevard and the eastern portion of Sun City Boulevard, which is still under construction. Del Webb Boulevard was constructed in accordance with engineering and traffic analysis for a design speed of 45 miles per hour. Due to a sharp curve that was included near the entry feature lot, the Traffic Engineer has recommended that the .45 mile per hour zone begin after the entry feature and continue until the intersection of Sun City Boulevard. Once Sun City Boulevard is completed, a speed zone ordinance will be proposed for the continuation of the 45 mile per hour zone to the intersection of Sun City Boulevard and State Highway 195. The Traffic Ordinance allows the City's Traffic Engineer to establish construction speed zones as needed, and if significant construction activity is occuring along any section of Del Webb Boulevard, so as to create a traffic concern, the Traffic Engineer can establish a temporary construction speed zone as needed. A construction speed zone has been in effect for Del Webb Boulevard during the major construction activity that has been taking place. The adoption of this ordinance will establish the base speed limit for traffic along Del Webb Boulevard, and will still allow the Traffic Engineer to lower the speed for construction as needed. FINANCIAL IMPACT The City will post speed limit signs, and begin traffic enforcement once the ordinance is effective. COMMENTS ATTACHMENTS Proposed Ordinance Submitted By: Marianne Landers Banks, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 10.12.090 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS RELATING TO SPEED LIMITS ON DEL WEBB BOULEVARD; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the construction of Del Webb Boulevard has been completed and the the maintenance of the street has been accepted by the City; WHEREAS, the Century Plan was amended to move the major arterial roadway from a direct connection with F.M. 3405 to Del Webb Boulevard and the eastern portion of Sun City Boulevard, which major arterial roadway was intended to provide more efficient east/west movement of traffic within the Georgetown community between R.M. 2338 and Stae Highway 195; WHEREAS, Del Webb Boulevard was constructed in accordance with traffic and engineering design standards for a prima facie maximum speed of 45 miles per hour; WHEREAS, the City Council of the City of Georgetown, Texas, hereby finds that a necessity exists for designation of a prima facie maximum speed for Del Webb Boulevard NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Transportation Policy 1 of the Century Plan - Policy Plan Element, which states. The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals", 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 10.12.090 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "10.12.090 City Streets. - Del Webb Boulevard Speed Limit Ordinance No. Page 1 of 2 Pages C. 45 Mile Per Hour Zones: 1. Del Webb Boulevard: Beginning 2200 feet from the centerline of R.M. 2338 at its intersection with Del Webb Boulevard and continuing east and northeast along Del Webb Boulevard to its intersection with Sun City Boulevard a prima facie maximum speed limit of 45 miles per hour." 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 of it to any person or circumstance, is held to be invalid, the remainder of the ordinance which can be given effect without the invalid provision or application shall be applied as valid and is hereby declared to be severable from the invalid portion. 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 13th day of August, 1996. 1996. PASSED AND APPROVED on Second Reading on the day of ' ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Del Webb Boulevard Speed Limit Ordinance No. Page 2 of 2 Pages THE CITY OF GEORGETOWN: M LEO WOOD, Mayor Council meeting date: 8/13/96 Item No. :Dz> WORKSHOP ITEM COVER SHEET SUBJECT Authorization for Mayor to sign an agreement with Central and South West Communications for remote meter reading system and SCADA ITEM SUMMARY This item, having been discussed at the Workshop of this meeting, is now presented for your consideration of authorizing the Mayor to sign the agreement. ATTACHMENTS Proposed Contract (Final contract with changes, if any, will be provided on Tuesday at the Council Meeting.) Submi Bob Hart, City Manager Council Meeting Date: August 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Appointment of a certified public accounting firm to perform the independent audit of City accounts for the fiscal year ended September 30, 1996 with annual renewal for up to four subsequent years. ITEM SUMMARY Council members Tonn, Hoyt, and Davis have interviews scheduled with three firms for Tuesday, August 13. A firm will be recommended for appointment to perform the independent audit of City accounts and single audit procedures as required for the fiscal year ended September 30, 1996, with annual review for renewal for up to four subsequent years. Eight proposals were received and were narrowed to three finalists based on the technical criteria included in the request for proposals. Evaluations will be made of the three firms based on the written proposals, client references and one -hour interviews. SPECIAL CONSIDERATIONS n/a FINANCIAL IMPACT All three finalist firms have proposed first year costs at $30,000 or less. This amount is included in the proposed 1996/97 Annual Operating Plan. The three firms being interviewed are: Brown, Graham & Company, P.C. (Georgetown) Davis, Kinard & Company, P.C. (Abilene) Sprouse & Winn, L.L.P. (Austin) ATTACHMENTS Committee recommendation to be provided at meeting Submitted By: Council members Ferd Tonn, Susan Hoyt and Shelley Davis Council Meeting Date: 08/13/96 Item No. efWft reah AGENDA ITEM COVER SHEET SUBJECT Consider appointment to fill unexpired term on Georgetown Public Library Advisory Board. ITEM SUMMARY Leah A. Merrifield has submitted her resignation from the Library Advisory Board. Her term expires on January 31, 1997. A name will be submitted to you prior to the August 13, 1996, Council Meeting for consideration as the nominee to fill this unexpired term. • - -i • •► ._ • - FINANCIAL 1 M PACT None COMMENTS . None Submitted By: Leo Wood, Mayor Council meeting date: 8/13/96 Item No. F F WORKSHOP ITEM COVER SHEET SUBJECT Consideration of establishing guidelines for providing wastewater service outside the City's Wastewater Certficiate of Convenience and Necessity (CCN) ITEM SLTNINLARY The City in the past has not provided wastewater service outside the City's wastewater CCN. This was the direction that the staff followed in negotiating a comprehensive agreement with Jonah Special Utility District whereby Jonah gave up a portion of its service territory in order to have easily distinguished boundary lines for water service between Jonah and the City. Jonah also agreed to build the system at municipal standards to insure fireflow. The City agreed to provide wastewater service into the Jonah service area, under the same policies and guidelines which currently exist within the City. We have been approached by developers who wish to develop land that lies within the Chisholm Trail Special Utility District and who wish to obtain wastewater service from the City. I have indicated to them that we could not do so without a contract with Chisholm Trail Special Utilility District, similar to that with Jonah SUD Agreement, e.g., construction to municipal fireflow and more easily recognizable boundary lines. In meetings with Chisholm Trail SUD Officials, we were not able to come to an agreement. Therefore, I have indicated that we would not be willing to provide wastewater service outside our water CCN. This item has been placed on the agenda in order for you to make any guideline changes based upon requests by landowners and/or developers. ATTACHMENTS None Bob Hart, City Manager