HomeMy WebLinkAboutAgenda_GUS_10.10.2014Notice of Meeting for the
Georgetown Utility System Advisory Board and the Governing Body
of the City of Georgetown
October 10, 2014 at 2:00 PM
at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, Texas
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA).
If you require assistance in participating at a public meeting due to a disability, as defined under the
ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please
contact the City at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City
Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A Call to Order
The Board may, at any time, recess the Regular Session to convene in Executive Session at the
request of the Chair, a Board Member, the City Manager, Assistant City Manager, General
Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the
Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the
Regular Session that follows.
B Introduction of Visitors
Employee Recognition
-- Jason Casey
C Discussion regarding the Project Progress Report, timelines including projects and Council
Actions. – Michael Hallmark, Project Manager
D Industry Updates
Legislative Regular Agenda
E Review and possible action to approve the minutes from the regular GUS Board meeting held on
September 12, 2014. - Sheila K. Mitchell, GUS Board Liaison
F Consideration and possible recommendation to approve the contract for the Outside Plant Fiber
Optic Infrastructure, Construction Bid 201452, to JPC Construction, Cedar Park, TX, in the
amount not to exceed $300,000. -- Jimmy Sikes, T&D Services Manager/Paul Elkins, Energy
Services Manager
G Discussion and possible recommendation to amend section 13.04.083 of the Electric Rate
Ordinance regarding requirements for distributed renewable electric generation clarifying
inconsistencies and removing unnecessary requirements. -- Leticia Zavala, CGFO, Customer Care
Manager
H Consideration and possible recommendation on a Water Agreement with Snow Woods, LLC. --
Wesley Wright, P.E., Systems Engineering Director
I 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.
Sec. 551.086 Competitive Matters
-- Discussion and possible recommendation regarding the 2014 Solar RFP. Presentation of bid
offers and final rankings. Recommendation on strategy moving forward. — Chris Foster, Manager
of Resource Planning and Integration/Neil McAndrews, McAndrews and Associates
J Action from Executive Session
Adjournment
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public
at all times, on the ______ day of __________________, 2014, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
SUBJECT:
Discussion regarding the Project Progress Report, timelines including projects and Council
Actions. – Michael Hallmark, Project Manager
ITEM SUMMARY:
GUS Projects:
EARZ 2013-14
Park Lift Station and Miscellaneous Lift Station Improvements
Public Training Facility Offsite WW
Sequoia Spur EST
Snead Drive Streets and Wastewater Improvements
Tin Barn Alley/17th & Austin Avenue Waterline Improvements
Council Actions
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Michael Hallmark
ATTACHMENTS:
Description Type
Project Reports and Council Action Backup Material
City of Georgetown, Texas
SUBJECT:
Review and possible action to approve the minutes from the regular GUS Board meeting held on
September 12, 2014. - Sheila K. Mitchell, GUS Board Liaison
ITEM SUMMARY:
Board to review, revise and/or approve the minutes from the regular meeting held on September
12, 2014.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Sheila K. Mitchell/GUS Board Liaison
ATTACHMENTS:
Description Type
Sept 12 2104 Draft GUS Board minutes Backup Material
Minutes of the Meeting of the
Georgetown Utility Systems Advisory Board and the
Governing Body of the City of Georgetown, Texas
September 12, 2014 at 1:00PM
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If
you require assistance in participation at a public meeting due to a disability, as defined under the ADA,
reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the
City at least four (4) days prior to the scheduled meeting date, at (512)930-3652 or City Hall at 113 East 8th
Street for additional information: TTY users route through Relay Texas at 711.
Board Members Present: Arthur Yaeger– Chair, Patty Eason, Steve Fought, Bill Stump, Joyce
Mapes, Ed Pastor
Board Members Absent: Robert Kostka – Vice Chair
Staff Present: Jim Briggs, Mike Babin, Glenn Dishong, Wesley Wright, Michael Hallmark,
David Munk, Chris Foster, Leticia Zavala, Paul Elkins, Trina Bickford, Jeff Rowe, David
Thomison, Chelsea Solomon, Sheila Mitchell, water services technicians from City of
Georgetown Water Services Department
Others Present: see sign in sheet or recording
Regular Session
A. Call to Order by Chairman Yaeger at 1:02PM
Georgetown Utility Systems Advisory Board may, at any time, recess the Regular Session to convene
an Executive Session at the request of the Chair, a Board Member, the City Manager, Assistant City
Manager, General Manager of Utilities, City Council Member, or legal counsel for any purpose
authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action
in the Regular Session that follows.
B. Introduction of Visitors
Discussion: Thomison introduced City water services technicians; each introduced themselves
and their position. Yaeger thanked the employees for the good work they do. Additional visitors
were: Rick Burket and Jim Clarno/Sun City Property and Grounds Committee, Trae Sutton/KPA
Engineers
C. Discussion regarding the Project Progress Report, timelines including projects and Council Actions. –
Michael Hallmark, Project Manager
Discussion: Hallmark noted reports included in packet. No further discussion.
D. Industry Updates
Discussion: Briggs stated the City of Georgetown has officially closed on the assets of the
Chisholm Trail Special Utility District (CTSUD), effective earlier today. As of 5:00PM today,
CTSUD employees become Georgetown Utility Systems employees and all assets are property of
City of Georgetown. Both Utilities are now one, per direction from both CTSUD Board and
Georgetown City Council. The CTSUD Board will still remain in existence and is responsible to
TCEQ for rates and service within the district. Georgetown has a contract with the district the
meet those obligations. The CTSUD Board still oversees the CCN until that process is completed
with TCEQ. A hearing is scheduled on October 27th to transfer the CCN to the City. We hope to
complete this by the end of the year. After that time, we will move through the process of
disillusion of the board. Mapes asked and Briggs noted there are 1 part-time and 15 full-time
employees. We’ll begin working through the process of transitioning employees starting next
week. Yaeger stated staff had been working for years to complete this process and thanked them
for their hard work. The CTSUD Board will continue business and also hold an election in
November. Pastor stated he felt it was a good opportunity for CTSUD and should be for City of
Georgetown.
Dishong, Thomison and water services technicians stepped out at 1:15PM. Dishong, Thomison returned
1:20PM.
Legislative Regular Agenda
The Board will individually consider and possibly take action on any or all of the following items:
E. Review and possible action to approve the minutes from the Regular GUS Board meeting held on
August 8, 2014. – Sheila K. Mitchell, GUS Board Liaison
Discussion: None. Motion by Fought, seconded by Pastor to approve the minutes from the
Regular GUS Board meeting held on August 8, 2014. Approved 7-1-0 (Kostka absent)
F. Consideration and possible recommendation for the award of the Annual Electric System
Underground Construction and Maintenance Bid for Labor services to Pedro S.S. Services,
Inc. of Austin, Texas, in the estimated amount of $3,500,000.00. -- Paul Elkins, Energy
Services Manager
Discussion: Elkins stated contract is for labor only. Their 5-year renewals are complete; ending
October 1st. Item was bid out this year. Two vendors attended the pre-bid conference; actually
one showed up a week early but didn’t return on the actual date. Only 1 bid received by deadline
from Pedro SS. They have provided great service over the last five year s and staff recommends
approval of new contracts. Fought asked for further details on processes, noting he is new to the
GUS approval process for contracts and renewals. Elkins/Eason explained approvals go through
GUS and then straight to Council. They do not go to another board for review. Pastor asked and
Elkins/Briggs/Dishong explained bid process for projects, noting contracts are based on unit costs
and up to a certain dollar amount. Payment is made at completion of projects based on those unit
costs. Elkins noted Pedro has offices in Round Rock, TX; work is CIP and maintenance work. No
additional questions. Motion by Pastor, seconded by Mapes to approve the award of the
Annual Electric System Underground Construction and Maintenance Bid for Labor
services to Pedro S.S. Services, Inc. of Austin, Texas, in the estimated amount of
$3,500,000.00. Approved 7-1-0 (Kostka absent)
G. Consideration and possible recommendation to renew the annual agreement for Material
Acquisition to purchase electric distribution, fiber and substation materials for the FY 2014-
2015 from Techline Ltd. under their contract with the Lower Colorado River Authority
(“LCRA”) Electric Material Acquisition Program in the estimated amount of $ 3,890,000.00. -
- Paul Elkins, Energy Services Manager
Discussion: Elkins stated agreement is for utilization of the LCRA bid with various vendors,
which allows the City to use those bids instead of going out to bid. LCRA awarded their bid to
Techline again this year. Yaeger asked and Elkins clarified these are estimated costs of materials
for this year’s projects. Pastor asked and Elkins confirmed the City has previously used Techline.
Motion by Fought, seconded by Pastor to renew the annual agreement for Material
Acquisition to purchase electric distribution, fiber and substation materials for the FY
2014-2015 from Techline Ltd. under their contract with the Lower Colorado River
Authority (“LCRA”) Electric Material Acquisition Program in the estimated amount of
$3,890,000.00. Approved 7-1-0 (Kostka absent)
H. Consideration and possible recommendation to approve the annual task orders: Task Order
MEI-15-001 for Planned Capital Improvement Projects in the amount of $550,000.00, Task
Order MEI-15-002 for Electric System Engineering Planning and Engineering Assistance in
the amount of $150,000.00 and Task order MEI-15-003 for New Development Engineering
and Design Assistance in the amount of $400,000.00 with McCord Engineering, Inc., of
College Station, Texas, for professional engineering services. -- Paul Elkins, Energy Services
Manager
Discussion: Elkins explained the three Task Orders for engineering services for distribution
extensions, explaining scope of work for each. McCord has been used for a number of years and
continue to provide good service. They are readily available for meetings, etc. Yaeger asked and
Elkins/Briggs verified the City has used McCord for over 25 years. They have recently added a
Georgetown office. Yaeger also asked about budget and year-end approvals for expenses and
Briggs explained these are all in the new FY budget which has recently been approved by
Council. By the board’s approval now and Council approval at the next meeting, this allows
business to proceed through a seamless process when October 1st arrives for the start of FY 2014-
2015. Briggs further explained this process for the benefit of new board members. Eason asked
and Briggs also explained reason for items coming to GUS board that do not need to go to GGAF
Board; they then continue to Council. Eason also explained open meetings laws and the number
of Council members allowed to sit on Board; we have to be careful to not exceed the allowed
numbers which could be considered a quorum of the Council. No further discussion. Motion by
Pastor, seconded by Mapes to approve the annual task orders: Task Order MEI-15-001 for
Planned Capital Improvement Projects in the amount of $550,000.00, Task Order MEI-
15-002 for Electric System Engineering Planning and Engineering Assistance in the
amount of $150,000.00 and Task order MEI-15-003 for New Development Engineering
and Design Assistance in the amount of $400,000.00 with McCord Engineering, Inc., of
College Station, Texas, for professional engineering services. -- Paul Elkins, Energy
Services Manager Approved 7-1-0 (Kostka absent)
I. Consideration and possible recommendation to renew annual contracts for Tree Trimming
and Vegetation Management Bid to National Tree Expert Company, Inc. of Burnet, Texas, in
the estimated amount of $310,000.00. -- Glenn W. Dishong, Utility Director
Discussion: Dishong stated this is the final renewal of contract bid or tree trimming. Yaeger
asked and Dishong stated this was a 5 year contract. Dishong explained services are also used by
Parks and Streets departments; the majority is used by Electric. They have performed well for the
City. Motion by Mapes, seconded by Pastor to renew annual contracts for Tree Trimming
and Vegetation Management Bid to National Tree Expert Company, Inc. of Burnet,
Texas, in the estimated amount of $310,000.00. Approved 7-1-0 (Kostka absent)
J. Consideration and possible recommendation to amend the contract with the CH2M HILL
for the management, operation, and maintenance of the City’s water and wastewater
facilities for the period starting October 1, 2014 through September 30, 2015 in the amount of
$3,333,220.48. -- David W Thomison, Water Services Manager / Glenn W. Dishong, Utility
Director
Discussion: Thomison provided history as previous work was split with two vendors, Brazos
River Authority and CH2M HILL (OMI) due to savings at that time. When this was re-bid,
significant cost savings were seen through one contract. Pastor asked the difference of work city
employees perform and work done through contract. Dishong stated this is for treatment plant
operations, were as city employees handle distribution and collection systems. Prices are unit
pricing/volumetric as specified in the contract. Thomison provided additional details of how
calculations are prepared for contract. Fought asked and Dishong confirmed we own the plants
and contract out for maintenance and operations. Briggs further commented on pros/cons of
doing work in-house vs contracted out; more cost effective. Motion by Fought, seconded by
Pastor to amend the contract with the CH2M HILL for the management, operation, and
maintenance of the City’s water and wastewater facilities for the period starting October
1, 2014 through September 30, 2015 in the amount of $3,333,220.48. Approved 7-1-0
(Kostka absent)
K. Consideration and possible recommendation to award a contract to Excel Construction
Services, LTD of Leander, Texas for the construction of the Sequoia Spur EST (elevated
water storage tank), pumping and piping improvements in the amount of $4,830,250.00. --
Wesley Wright, P.E., Director of Engineering / Michael Hallmark, Project Manager
Discussion: Wright first introduced new city engineer, Chelsea Solomon, who recently joined the
team. Wright gave details of project and location. Competitive bids were received. Excel has
performed work for us before and has done well. Some discussion on tank color and Wright
explained. Briggs further commented as to why desert sand paint color was chosen. Further
discussion continued. Motion by Pastor, seconded by Stump to award a contract to Excel
Construction Services, LTD of Leander, Texas for the construction of the Sequoia Spur
EST (elevated water storage tank), pumping and piping improvements in the amount of
$4,830,250.00. Approved 7-1-0 (Kostka absent)
L. Consideration and possible recommendation to approve the contract for the Edwards
Aquifer Recharge Zone (EARZ) – 2013-2014, Wastewater Rehabilitation to IPR South
Central, LLC of Houston, Texas, for the amount of $1,622,753.50. -- Wesley Wright, P.E.
Director of Engineering / Michael Hallmark, Project Manager
Discussion: Wright explained EARZ stating most of Georgetown sits over the Edwards Aquifer
Recharge Zone and we are required to inspect….see recording. He explained process of
inspecting, reporting, creating bid for work, bid out, etc. No further discussion. Motion by
Fought, seconded by Pastor to approve the contract for the Edwards Aquifer Recharge
Zone (EARZ) – 2013-2014, Wastewater Rehabilitation to IPR South Central, LLC of
Houston, Texas, for the amount of $1,622,753.50. Approved 7-1-0 (Kostka absent)
M. Discussion related to long term State and Regional water planning process as it relates to
water resources for GUS and CTSUD service territories. - Jim Briggs, General Manager,
Utilities
Discussion: Briggs stated this educational information was requested by Councilman Fought.
Briggs reviewed report provided in packet and explained how regions are divided and are made
up of board members for regional planning committees. These are managed through local
regional authorities, such as Brazos River Authority. Briggs noted our area is located in Region G
of the plan. Region G is currently going through the process to consider updates to the 2011 Plan.
A lot of factors and considerations go into the planning process. The Plan shows water supply
and costs available within the region. This includes recommended strategies and implementation
of the plan. Briggs discussed various considerations for future planning and the inclusion of the
recently acquired CTSUD service district. Additional discussion continued.
Zavala departed meeting at 2:14PM
Fought discussed extreme conditions and his concern the model does not allow for those
situations. He would like to see the Plan address extreme scenarios. Various discussions from
board members regarding overall water usage issues. No further discussion.
Thomison and Dishong departed at 2:27PM
Adjournment
Motion by Fought, seconded by Pastor to adjourn the meeting. Approved 7-1-0 (Kostka absent)
Adjourned at 2:20PM
__________________________ _____________________________
Robert Kostka – Board Chair Bill Stump – Secretary
_________________________________
Sheila K. Mitchell, GUS Board Liaison
City of Georgetown, Texas
SUBJECT:
Consideration and possible recommendation to approve the contract for the Outside Plant Fiber
Optic Infrastructure, Construction Bid 201452, to JPC Construction, Cedar Park, TX, in the
amount not to exceed $300,000. -- Jimmy Sikes, T&D Services Manager/Paul Elkins, Energy
Services Manager
ITEM SUMMARY:
This bid was issued to replace an existing contract that expired for the installation and
maintenance of the City’s fiber optic system infrastructure. On September 23, 2014, proposals
were opened and read for the Fiber Optic Line Extension and Maintenance Labor Agreement bid
#201452. Only one bid was received from JPC Construction, Cedar Park, TX. JPC Construction
provided these services for the previous five years. City staff has evaluated the proposal and based
on the comparison of unit pricing from the expired contract, has found this bid to be eighteen per
cent (18%) less than the previous bid. This contract is for a term of one year from the effective
date and shall be renewable for up to four terms, upon the mutual written consent of the parties.
WOrk is performed on an as needed basis.
STAFF RECOMMENDATION:
Staff recommends approval of this contract.
FINANCIAL IMPACT:
Funds for this are available in the 21014-15 CIP Budget per attached Budget Form
Account 610-9-0585-90-021 Communication Equipment $650,000.00
SUBMITTED BY:
JImmy Sikes - T&D Services Manager/Paul Elkins, Energy Services Manager
ATTACHMENTS:
Description Type
Fiber Bid Comparison Backup Material
Budget and Financial Backup Material
Item Description UOM 2008 2014
1 Place provided 6M aerial strand Ft.$0.45 $0.35 -22%
2 Place provided duct-on-messenger Ft.$1.10 $1.05 -5%
3 Place provided ADSS fiber cable Ft.$1.15 $0.95 -17%
4 Place provided 6M down-guy to new or existing anchor Ea.$11.50 $9.50 -17%
5 Place provided 8-inch expansion anchor, earth Ea.$75.00 $65.00 -13%
6 Place provided 2-inch expansion anchor, rock Ea.$65.00 $45.00 -31%
8 Place provided 3-bolt suspension clamp assembly, conc. or steel pole Ea.$40.00 $40.00 0%
9 Place provided fiber optic cable to aerial support strand Ft.$0.63 $0.52 -17%
10 Trench and place provided multiple 4” UG conduits Tr. Ft.$12.50 $10.00 -20%
11 Place provided multiple innerducts into provided conduit Ft.$2.50 $1.50 -40%
12 Place provided fiber optic cable into provided conduit or innerducts Ft.$0.65 $0.55 -15%
16 Fusion splice single-mode fiber optic strands with provided splices, creating splices with loss not to exceed
.065db Ea.$27.60 $20.00 -28%
17 Install provided 19”X 84” relay rack Ea.$70.00 $50.00 -29%
18 Install provided Fiber Patch Panel with splice organizer Ea.$80.00 $65.00 -19%
19
Fusion splice SC, single mode pigtail at patch panels, creating splices with loss not to exceed .065db.Ea.$27.60 $20.00 -28%
20
Test single-mode fiber optic cabling on reel using an optical time domain reflectometer (OTDR)Ea.$2.40 $2.20 -8%
21 Perform bi-directional test on single-mode fiber optic cabling in place and spliced, using a light source and
power meter. Tests are to be performed at 1310nm and 1550nm. Test results are to be furnished on CD Ea.$2.40 $2.20 -8%
-18.68%Average Change From Previous Bid
PROJECT
NO.DATE:
PROJECT NAME:41Z 10/10/14
Division/Department:Director Approval
Prepared By:Finance Approval La'Ke10/02/14
TOTAL ANNUAL BUDGET 600,000.00
(Current year only)
Actual Cost Agenda Total Spent
Encumbrance Item & Encumbered % Annual
(A) before agenda item (B)(A + B)Budget
Consulting 0.00 0%
Right of Way 0.00 0%
Construction 300,000.00 300,000.00 50%
Other Costs 0.00 0%
Total Current Year Costs 0.00 300,000.00 300,000.00
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
610-9-0585-90-021 Communications Equipment 650,000.00
Total Budget 650,000.00
TOTAL PROJECT BUDGET 650,000.00
(includes all previous yrs)
Prior Years Current Year Total Project % Total
Spent/Encumbered Costs Costs Budget
Consulting 0.00 0.00 0.00 0%
Right of Way 0.00 0.00 0%
Construction 300,000.00 300,000.00 46%
Other Costs 0.00 0.00 0%
Total Project Costs 0.00 300,000.00 300,000.00
Comments:
GUS T&D Services
Outside Plant Fiber Infrastructure
CIP- Budgetary and Financial Analysis Worksheet
Jimmy Sikes
City of Georgetown, Texas
SUBJECT:
Discussion and possible recommendation to amend section 13.04.083 of the Electric Rate
Ordinance regarding requirements for distributed renewable electric generation clarifying
inconsistencies and removing unnecessary requirements. -- Leticia Zavala, CGFO, Customer Care
Manager
ITEM SUMMARY:
Staff recommends changes to the Electric Rate Ordinance to allow local contractors to install solar
equipment without the need for additional certifications above the master electrician designation.
The recommendations remove inconsistencies in the net metering program and credit calculations
no longer needed with the cost of service rates added last year. Section 13.04.083 of the Electric
Rate Ordinance will be amended as follows:
(1) Removal of the technical requirement to obtain a certification from the North American Board
of Certified Energy Practitioners (NABCEP) for all Master Electrician designations. The Master
Electrician designation meets the requirement to install and maintain all electrical systems.
(2) Clarify language associated with the billing of the net meter rate and credit. The billing and
credit calculation for net metering is set at the residential retail rate. Energy is billed at the
residential retail rate and a credit is calculated when energy is provided to the grid by the
customer’s system, using the same residential retail rate. There is no longer a requirement to
recover Transmission and Distribution costs in the credit amount.
(3) Remove the “not to exceed” amount of $7,500 from the cumulative system rebate on net
metering.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Leticia Zavala, CGFO, Customer Care Manager
ATTACHMENTS:
Description Type
Exhibit A Backup Material
EXHIBIT A
13.04.010 Rates and Charges – Electricity - Schedule
The monthly rates and charges for the sales made of services rendered by the electric system of
the City are established, levied, fixed and prescribed as set forth in § 13.04.010 through
13.04.100 Service rendered under this Article is subject to the City’s Rules and Regulations.
13.04.083. Distributed renewable electric generation.
A. Availability. Available only to residential and small commercial customers that own
distributed renewable electric generation (D-REG) facilities of ten kW or less that
are located within the Georgetown Utility System's (GUS) electric service area and
are connected to GUS's electric distribution system. The D-REG facility shall
exclusively serve a single residential or small commercial premise connected to the
GUS electric distribution system.
1. Customers shall be required to review and complete the City's
interconnection package and execute a distributed generation
contract with the City to install a D-REG system.
2. Non-residential customers that are ten kW or larger may purchase
or install a D-REG system, but must negotiate a more
comprehensive contract with the City, before construction can
begin.
B. Application. Available to customers with a solar, wind, geothermal, biomass,
hydrogen fuel cell or any renewable energy powered device that generates ten kW
or less of electric power at a voltage of 600 volts or less from a residential or small
commercial electric service at a customer's premise or at an off-site location that is
connected to the City's electric distribution system.
C. Method of Charge.
1. Definitions.
NET Meter = City generated kWh less D-REG generated
kWh that is used at the premise.
DEL = City generated kWh that is delivered to and used at
the premise.
RCVD = D-REG generated kWh that is not used at the
premise and pushed out to the grid.
REC = Total renewable kWh generated by the D-REG
system.
Standard rate = The current adopted electric rate for the
applicable rate class for which the electric service qualifies.
2. Aggregated Meter Rate. Customers installing a D-REG system will
pay the sum of the following calculations:
a. The customer will be charged at the standard
electric rate for all kWh consumed at the premise:
DEL + (REC-RCVD) x standard rate
b. The customer will be credited the embedded power
cost for all kWh generated by the D-REG system:
REC x embedded power cost
3. Customers that choose to invest in a D-REG system that does not
qualify for a City provided incentive, but does qualify for system
installation (i.e. a low efficiency rating) will pay the aggregated
meter rate. No incentive will be provided.
D. Incentives. To encourage the installation of qualifying renewable generation, there
are incentive programs for which qualifying applicants may apply, in order to defray
a portion of the costs associated with the installation of a D-REG system.
1. Renewable Energy Credits.
a. In order to qualify for a renewable energy incentive,
customers must assign all rights to any and all
environmental attributes and/or credits, including any
renewable energy credits (RECs,) carbon off-set
credits, or similar environmental credits derived from
the renewable energy production associated with
this rebate, to the City for the City's use, as it may
choose.
b. Customers may petition, in writing, to retain the
environmental attributes and/or credits, including any
RECs, carbon off-set credits, or similar
environmental credits derived from the renewable
energy production in order to achieve or maintain
LEED Certification or any other energy efficiency
designation requiring the retirement of RECs in the
customer's name.
c. Revenue from the sale of RECs, by the City, is
designated for renewable energy incentive programs
sponsored by the City.
2. Net Metering. Net metering is an incentive program that is available
to qualifying customers that have signed a distributed generation
contract with the City and have successfully connected a D-REG
system to GUS's electric distribution system.
a. Customer must purchase the REC meter that is
installed and used by the City to register the
renewable kWh generated at the premise.
b. If a premise uses more electricity than the D-REG
system produces, within a single billing month, the
customer pays for the non-netted, GUS provided
electricity at the standard rate:
(DEL kWh - RCVD kWh) x standard rate
c. If a premise uses less electricity than the D-REG
system produces, the customer is provided a credit
equal to the embedded power cost for every D-REG
generated kWh that flow back to the City's electric
distribution system:
(DEL kWh - RCVD kWh) x embedded power cost
d. Payment for D-REG power is only available in the
form of a credit against the customer's utility bill at
the upgraded premise. Cash will not be paid for D-
REG generated kWh.
e. D-REG credit balances for excess generation, still
due when a customer disconnects all utilities from
the City of Georgetown, and is not transferring to
another City account, will forfeit the credit amount.
f. Net metering is effective for the life of the D-REG
system.
g. Net metering is not available to D-REG systems that
are awarded a GUS rebate.
3. Rebate. A rebate is an incentive that is available to qualifying
customers that have signed a distributed generation contract with
the City and have successfully connected a D-REG system to
GUS's electric distribution system.
a. Funding for rebates is limited to availability. Rebate
offerings will be announced as they become
available, and will remain active until the allotted
funding is depleted or until the program is
discontinued by the City.
b. Calculation of Rebate.
i. The GUS Rebate application must be
completed, signed and returned to the City
before a rebate will be issued.
ii. The rebate is based on the smaller of the
panel rating and the inverter rating (if they
are different) and the efficiency of the system
currently being installed.
iii. Payment to customer will not exceed a total,
cumulative system rebate of $7,500.00.
c. The City may, at any time, discontinue a program or
any of its components, change guidelines, or
increase/decrease rebate calculation methods,
without prior notice.
d. Once funds are depleted, no additional applications
for participation will be accepted until the next fiscal
year, or until more funding becomes available.
e. There is no waiting list for inactive or future
programs. Applications that are submitted, but not
addressed, before program funding is depleted,
must resubmit the following year.
i. Rebates are paid on a first come basis,
within the pool of qualifying applicants.
ii. Application for rebate will not be accepted
retroactively to any offering period.
f. Rebates are for residential and small commercial
customers, only.
g. Rebates are applicable for retrofits, only. New
construction does not qualify for this rebate.
h. All system equipment must be purchased. No leased
or lease/purchase equipment will qualify for a rebate.
i. The rebate application form must include a copy of
the itemized and dated invoice from the contractor or
retailer.
j. D-REG systems will only qualify for this rebate once
per 12-month period. After 12 months, an application
for rebate may be submitted for expansion of the D-
REG system.
k. Customers that receive a rebate will pay the
aggregated meter rate.
E. Contractor Requirements.
1. The contractor that installs the prescribed and approved D-REG
system must be registered as a City authorized contractor, at the
time of the installation.
2. To become a registered program installer, the contractor must
submit a GUS Rebate program contractor registration form, which
includes the installer's NABCEP certification, to the program
manager.
a. Master Electricians are not required to obtain a
NABCEP certification to install D-Reg Systems
F. General Requirements for Interconnection.
1. Applicant must be the homeowner or property owner at the location
being improved.
2. A D-REG system will not be designed to generate more energy
than the average annual usage of the home for which it provides
power.
3. All installations and improvements must be at locations with electric
service provided by GUS and must meet all applicable national,
local, and manufacturers’ codes and specifications.
4. All necessary permits must be acquired from the City prior to
installation.
5. The City does not compensate the installer for the equipment
installation or for processing the necessary paperwork.
6. A pre-inspection by the City that entails a site evaluation of the
proposed location for the D-REG system may be required.
7. Post –inspection by the GUS Building Inspection Department are
required on all installations, before the issuance of the rebate.
Failure to follow these or other requirements of the City building
code may render the system ineligible for the incentive and the
system will not be allowed to interconnect with the City electrical
grid.
G. Regulations Specific to Photovoltaic (PV) Systems.
1. Customers must provide a copy of their system design analysis, as
calculated by PV Watts, the online calculation tool used for
estimating the energy production and cost savings of grid
connected PV systems. (This analysis is used to verify the optimal
placement of the panels.)
a. 100% - 80% of optimal placement = Full per DC
Watt rebate
b. 79% - 70% of optimal placement = Full per DC Watt
rebate x .66.
c. No incentive is provided for efficiency less than 70%
2. The City interconnect package must be reviewed, completed, and
approved by City staff, prior to installation of PV system.
3. A pre-inspection site evaluation of the proposed location for the PV
system to verify that the orientation and shading of the buildings are
appropriate for adequate solar energy capture and conversion may
be required. This evaluation may be performed on-site or by using
the Google Maps satellite and street view applications or an
equivalent online mapping service.
4. All equipment must be new when installed and must come with, at
the least, a five-year warranty on the inverter and a 15-year
warranty on the panels.
5. The itemized and dated invoice from the contractor or retailer that is
included with the application form must include the serial numbers
for all panels and inverters.
6. Requests for rebates must be received by the City within 30 days of
installation.
7. Payments will be made to the property owner that purchased the
qualified equipment, unless authorized, in writing, by the program
manager and the property owner.
City of Georgetown, Texas
SUBJECT:
Consideration and possible recommendation on a Water Agreement with Snow Woods, LLC. --
Wesley Wright, P.E., Systems Engineering Director
ITEM SUMMARY:
Snow Woods is a proposed residential development located within the Chisholm Trail Water
CCN. The development is seeking a water service commitment for 21 single-family units and is
located at the southwest corner of Williams Drive and Jim Hogg.
The proposed Water Agreement is consistent with terms contained within prior Chisholm Trail
Non-Standard Water Service Agreements.
The developer will be required to provide at least sixteen (16) connections within three (3) years
of this agreement. Those connections represent approximately 80% of the proposed connections
being requested. Failure to meet this performance standard will result in a penalty equal to the
monthly base rate for any shortfall or loss of guaranteed service.
Also, the developer will be required to pay an annual $6 per unit Water Acquisition Fee to aid in
the legal, engineering, and administrative costs of acquiring additional raw water for Georgetown's
service area. This fee will terminate once the developer reaches 50% build out (11 lots).
Additionally, the developer and builders will be obligated to comply with Georgetown's Water
Conservation and Drought Contingency plans, including but not limited to landscape and
irrigation.
STAFF RECOMMENDATION:
Staff recommends approval of this agreement.
FINANCIAL IMPACT:
There is no direct financial impact to Georgetown. The developer will fund all direct expenses
associated with this development.
SUBMITTED BY:
Wesley Wright, P.E., Systems Engineering Director
ATTACHMENTS:
Description Type
Snow Woods Water Agreement Backup Material
1
WATER SERVICE AGREEMENT
(SNOW WOODS)
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This Water Service Agreement (this “Agreement”) is entered into as of the Effective
Date, by and among the CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation
(City); and Snow Woods, LLC (“Developer”). Each of City and Developer are sometimes
referred to as a “Party” or collectively as the “Parties.”
RECITALS
A. WHEREAS, City is a political subdivision of the State of Texas and the owner of certain
water and wastewater facilities that it utilizes to provide retail water and wastewater services to
its customers; and
B. WHEREAS, Developer is the owner of that approximately 25.62 acres of real property
(the “Property”), more fully described in Exhibit “A” attached hereto, that is located within
City’s water service territory and that Developer desires for single family residential purposes;
C. WHEREAS, Developer desires to obtain retail water service from City for future
residents and customers within the Property;
D. WHEREAS, this Agreement is authorized by and consistent with state law and the City’s
other ordinances, regulations, and other requirements governing development of subdivisions
and provision of utility services to customers of Georgetown Utility Systems.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter
set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree
as follows:
I.
DEFINITIONS
When used in this Agreement, the following terms will have the meanings set forth
below:
1.1. “Agreement” means this Water Service Agreement.
1.2. “Water System” means the water system now owned or to be acquired by City to serve
City’s service territory, and any expansions, improvements, enlargements, additions and
replacements thereto, including the Interests to be Acquired, subject to the terms of this
Agreement.
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1.3. “Effective Date” means the last day of execution of this Agreement by all Parties hereto.
1.4. “Impact Fee” means a fee established and amended from time to time by the Board of
Directors of the Chisholm Trail Special Utility District in accordance with Chapter 395 of the
Texas Local Government Code to recover the costs of capital improvements required to provide
service to new development.
1.5. “Living Unit Equivalent” or “LUE” means one single-family residential unit, or its
equivalent calculated at the rate of 350 gallons of potable water per day, based on a 30-day
average.
1.6. “Notice and Opportunity to Cure” means that, before any right of termination or other
remedy authorized hereunder may be exercised (i) the Party who intends to exercise such right or
remedy must deliver to the other Party a written notice which specifies the reason(s) for the
intended exercise and the action(s) necessary to avoid it, and (ii) the other Party fails to cure,
within thirty (30) days after receipt of such written notice, the specified problem(s) that would
justify the intended exercise.
1.7. “Property” means that certain real property consisting of approximately 25.62 acres
located in Williamson County being more particularly described on Exhibit “A” attached hereto.
1.8. “Service Commitment” means the 21 LUEs of retail water service that City agrees to
make available to the Property in accordance with the terms and conditions of this Agreement.
1.9. “TCEQ” means the Texas Commission on Environmental Quality or any successor
agency.
1.10. “Water Acquisition Fee” means an annual fee determined by City to be paid by or on
behalf of Developer for the costs of acquiring water for up to 21 LUEs, to be calculated in
accordance with Section 4.2 of this Agreement.
1.11. “Water Acquisition Fee Period” means a period of time beginning upon the execution of
this Agreement and ending at the earlier of the following: (i) at such time as there are 11 LUEs
of active connections within the Property, such number of connections being equal to
approximately fifty percent (50%) of the total Service Commitment made available hereunder; or
(ii) upon termination of this Agreement according to its terms, in which event City’s
commitment for water service to the Property shall also terminate.
II.
PROVISION OF RETAIL WATER SERVICES
2.1. Service Commitment.
(a) Subject to the terms and conditions of this Agreement, including the payment of
all applicable fees and charges as set forth below, City agrees to provide retail water service to
customers within the Property in a quantity not to exceed the Service Commitment. The quantity
of water service made available to any connection within the Property will be determined
according to meter size in accordance with City’s rules, regulations, and policies.
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(b) City’s obligation to serve the Property is expressly contingent on Developer’s
compliance with its obligations under this Agreement and with City’s rules, regulations, and
policies.
(c) City shall have no obligation to provide water service to any portion of the
Property until all of the following condition precedents have been satisfied:
(i) the lands to be furnished water service have received final subdivision plat
approval by all governmental entities with jurisdiction, and recorded for
the phase of development within the Property to be furnished water
service; and
(ii) City has received all necessary governmental approvals for the provision
of services to the Property.
2.2. Service. City shall provide retail water service to customers in the Property in
accordance with its standard rules and policies and the applicable laws and regulations of the
State of Texas.
2.3. Minimum Pressure. City will deliver potable water to customers within the Property at
a minimum pressure of 35 pounds per square inch at each retail customer meter, or as may
otherwise be required by the applicable rules of TCEQ.
2.4. Fire Flows. City agrees to make service available to the Property at a flow rate not less
than 750 gallons per minute for a minimum flow rate duration of two (2) hours. Neither this
provision, nor any other terms of this Agreement, shall be construed as any guarantee or
representation by City that the water Service furnished by City to the Property will be sufficient
to prevent or control any fire, and City expressly disclaims any such responsibility.
2.5. Dead Ends. Developer acknowledges and agrees to install at its sole expense automatic
flush valves on all dead ends constructed within the Property.
2.6. Wastewater, Drainage, and Other Services. City will have no obligation with regard
to the construction, ownership, operation, or maintenance of wastewater, drainage, water quality,
or other non-water service facilities.
2.7. Water System Operations. Subject to the terms of this Agreement, City will be
responsible for operating and maintaining the Water System in good working order; for making
all needed replacements, additions, and improvements as required for the operation of the
facilities; for reading meters, billing, and collecting from all customers; and for performing all
other usual and customary services and administrative functions associated with retail water
utility systems.
2.8. Source of Water Supply. City shall have sole discretion in determining the source of
water supply to be used for the provision of retail water service to the Property.
2.9. Service Subject to State and Local Approvals. Notwithstanding other provisions in
this Agreement, City will not provide water service in the manner described in this Agreement
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unless Developer obtains at its sole cost and expense all necessary permits, certificates, and
approvals for the Property from Williamson County, TCEQ, and other applicable local, state, or
federal government bodies to which it is subject.
2.10. Water Conservation.
(a) City may curtail service to the Property in times of high system demand or
drought, or as may be required by City’s Water Conservation Plan or Drought Contingency Plan,
by other regulatory authorities, by entities from whom City purchases water supplies, in the same
manner as such curtailment is imposed on other similar customers of City.
(b) Prior to the sale or conveyance of any lot within the Property, Developer agrees to
record in the Official Property Records of Williamson County, Texas, deed restrictions
prohibiting the re-subdivision of any residential lot into multiple lots and prohibiting private
water wells for domestic and drinking water purposes.
(c) Developer agrees to comply with and insure all contractors and builders working
on the Property comply with the water conservation provisions, including but not limited to
landscape and irrigation, set forth within City’s rules, regulations, policies, Water Conservation
Plan, or Drought Contingency Plan as those rules, regulations, policies and plans may be
amended from time to time by City, in the same manner as other similar customers of City.
III.
BUILD-OUT SCHEDULE
3.1. Build-out Schedule.
(a) Developer agrees that on or before the 3rd anniversary of the Effective Date there
will be 16 LUEs of active connections within the Property, such number of connections being
equal to eighty percent (80%) of the total Service Commitment made available hereunder. The
required build-out schedule is further described in Exhibit “B” attached hereto and incorporated
herein by reference. In the event that there are not the requisite number of LUEs of active
connections, Developer agrees that on or before the respective anniversary of the Effective Date,
Developer will pay or cause to be paid to City, on a monthly basis, an amount equivalent to the
base rate to be charged by City in accordance with City’s policies, rates, and regulations then in
effect for the difference between the requir ed number of active connections and the actual
number of active connections within the Property.
(b) Developer acknowledges and agrees that its failure to insure the requisite number
of active connections as of the 3rd anniversary of the Effective Date or its failure to timely pay in
full the appropriate fee equivalent to the base rate for the difference between the required number
of active connections and the actual number of active connections is a material breach of this
Agreement. Without limitation, City may refuse to provide any additional service within the
Property until such time as the breach is cured. In the event of such a breach, City may also
exercise all rights and remedies available at law or in equity, including termination, in which
event City’s obligation to provide service to any new connections within the Property under this
Agreement shall terminate.
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IV.
RATES, FEES, CHARGES, AND OTHER PAYMENT OBLIGATIONS
4.1. Rates. Except as otherwise provided in this Agreement, all retail water customers within
the Property will pay City’s standard rates, fees, and charges for retail water service, as
established and amended by the Board of Directors of City from time to time.
4.2. Water Acquisition Fees.
(a) Developer agrees to pay or cause to be paid the Water Acquisition Fee to City
during the Water Acquisition Fee Period. The Water Acquisition Fee is currently equal to $6.00
per LUE per year based on the Service Commitment. The Water Acquisition Fee may be
adjusted from time to time by City.
(b) The first annual Water Acquisition Fee payment shall be made by Developer to
City within thirty days of the Effective Date.
(c) All subsequent payments of the Water Acquisition Fee shall be made in full by
Developer to the District on or before January 1 of each year that this Agreement remains in
effect or until the end of the Water Acquisition Fee Period as defined herein.
(d) Developer acknowledges and agrees that its failure to timely pay in full the Water
Acquisition Fee is a material breach of this Agreement. Without limitation, City may refuse to
provide any additional service within the Property until such time as the breach is cured. In the
event of such a breach, City may also exercise all rights and remedies available at law or in
equity, including termination, in which event City’s obligation to provide service to any new
connections within the Property under this Agreement shall terminate.
4.3. Impact Fees.
(a) At the time that Developer is prepared to set a meter for an active connection
within the Property, Developer will make a written request to City to set the meter. Along with
its written request for a meter, Developer agrees that it will pay or cause to be paid to the impact
fee then in effect multiplied by the number of meters it requests to be set at that time. In return
for payment of the foregoing sum, City shall credit applicants for service for such meters with
the corresponding amount of the impact fees so paid.
(b) Developer acknowledges and agrees that City will have absolutely no obligation
to provide service to any lots within the Property unless and until City receives payment of the
impact fee for that lot.
4.4. Irrigation or Second Meter on a Lot. Any applicant for service within the Property that
requests service in excess of one LUE (i.e., service in excess of 350 gallons of potable water per
day), for service other than domestic service, or that would result in City providing more
cumulative service within the Property than the Service Commitment, will be required to pay the
standard fees and charges for water service set forth in City’s rules and policies, including impact
fees, at the time of application for service.
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4.5. Other Connection Fees and Charges. Except as otherwise provided herein, each
applicant for retail service within the Property shall be required to pay to City all standard
charges, fees, and deposits for water service applicable to residential customers of City, as
amended by the Board of Directors from time to time.
4.6. Consultant Fees. City acknowledges prior receipt of an Indication of Interest Fee from
Developer. In the event City’s engineering, legal, or other consulting costs exceed the amount of
the fee previously received, then City shall send a written invoice for payment to the Developer.
Within thirty (30) days after the date of the invoice, and as a condition precedent to performance
by City under this Agreement, Developer agrees to pay the full invoiced sum. If payment is not
timely received by City, then, after providing Notice and Opportunity to Cure, City may suspend
the provision of additional service to the Property, terminate this Agreement, or pursue any other
remedy available at law or in equity.
V.
CONDITIONS, REPRESENTATIONS AND WARRANTIES
5.1. Indemnification. TO THE FULLEST EXTENT AUTHORIZED BY LAW,
DEVELOPER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CITY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND AGAINST
ANY AND ALL CLAIMS, DEMANDS, DEBTS, SUITS, CAUSES OF ACTION, LOSSES,
DAMAGES, JUDGMENTS, FINES, PENALTIES, LIABILITIES, AND COSTS, INCLUDING
REASONABLE ATTORNEY FEES AND DEFENSE COSTS INCURRED BY CITY
ARISING OUT OF OR RELATING TO THE BREACH OF ANY AGREEMENT,
WARRANTY, OR REPRESENTATION OR OTHER OBLIGATION OF DEVELOPER
UNDER THIS AGREEMENT. DEVELOPER FURTHER AGREES, TO THE FULLEST
EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, DEBTS, SUITS, CAUSES OF ACTION,
LOSSES, DAMAGES, JUDGMENTS, FINES, PENALTIES, LIABILITIES, AND COSTS,
INCLUDING REASONABLE ATTORNEY FEES AND DEFENSE COSTS ARISING OUT
OF OR RELATING IN ANY WAY TO DEVELOPER’S NONCOMPLIANCE WITH
APPLICABLE LAWS, ORDINANCES, AND REGULATIONS AND/OR FAILURE TO
OBTAIN REQUIRED PERMIT(S) AND APPROVAL(S) GOVERNING DEVELOPMENT OF
THE PROPERTY OR PERTAINING TO THIS AGREEMENT, EXCEPTING ONLY THOSE
DAMAGES, LIABILITIES, OR COSTS ATTRIBUTABLE TO THE SOLE NEGLIGENCE OR
WILLFUL MISCONDUCT OF CITY OR ITS ASSIGNS. This indemnity shall survive the
termination of this Agreement and shall be binding upon and inure to the benefit of the Parties
and their respective successors, representatives, and assigns.
5.2. Representations of Developer. Developer acknowledges, represents, and agrees that:
(a) It is qualified in all respects to conduct business within the State of Texas; and
(b) Execution of this Agreement and the consummation of the transactions
contemplated hereunder will not constitute an event of default under any contract, covenant or
agreement binding upon it.
7
City is executing this Agreement in reliance on each of the warranties and representations set
forth above and each such representation and warranty will survive the execution and delivery of
this Agreement and the consummation of the transactions contemplated by this Agreement.
5.3. Representations of City. City represents and warrants to Developer that:
(a) City is a Home Rule Municipal Corporation of the State of Texas and has the
requisite power and authority to take all necessary action to execute and deliver this Agreement
and to perform all obligations hereunder;
(b) The execution, delivery, and performance of this Agreement have been duly
authorized by all necessary action on the part of City and the person executing this Agreement on
behalf of City has been fully authorized and empowered to bind City to the terms and provisions
of this Agreement;
(c) This Agreement does not contravene any law or any governmental rule,
regulation, or order applicable to City; and
(d) The execution and delivery of this Agreement and the performance by City of its
obligations hereunder do not contravene the provisions of, or constitute a default under, the terms
of any contract, resolution, or other instrument to which City is a party or by which City is
bound.
Developer is executing this Agreement in reliance on each of the warranties and representations
set forth above and each such representation and warranty of City will survive the execution and
delivery of this Agreement and the consummation of each of the transactions contemplated by
this Agreement.
5.4. Survival of Covenants. The covenants contained in this Article will survive the
conveyance, transfer, and assignment of the Interests to be Acquired at Closing and will continue
to bind City and Developer as provided herein.
VI.
REMEDIES
6.1. District Remedies.
(a) If Developer fails or refuses to timely comply with any of its obligations
hereunder, or if Developer’s representations, warranties, or covenants contained herein are not
true or have been breached, City will have the right to enforce this Agreement by any remedy at
law or in equity or under this Agreement to which it may be entitled; to terminate this
Agreement; or to waive the applicable objection or condition and to proceed in accordance with
the remaining terms.
(b) If City determines that any of Developer’s representations, warranties, or
covenants are not true, then City may avail itself of any remedy at law or in equity or under this
Agreement to which it may be entitled.
8
6.2. Developer Remedies.
(a) If City fails or refuses to timely comply with its obligations hereunder, or if City’s
representations or warranties contained herein are not true in any material respect or its
covenants have been breached, Developer will have the option, after providing Notice and
Opportunity to Cure, to enforce this Agreement by any remedy in equity to which it may be
entitled; or to waive the applicable default, objection, or condition and proceed in accordance
with the remaining terms.
(b) If Developer determines that any of City’s representations, warranties, or
covenants are not true in any material respect, then Developer may avail itself of any remedy at
law or in equity to which it may be entitled.
(c) Notwithstanding any provision herein to the contrary, Developer waives all
present and future claims for special and consequential damages against City arising from or
related to this Agreement. Such waiver shall survive any termination or expiration of this
Agreement.
6.3. Default in Payments. All amounts due and owing by Developer to City shall, if not paid
when due, bear interest at the Texas post-judgment interest rate as set out in Texas Civil Practice
& Remedies Code, or any successor statute, from the date when due until paid, provided that
such rate shall never be usurious or exceed the maximum rate as permitted by law. If any
amount due and owing by Developer to City is placed with an attorney for collection, the
prevailing party in any litigation or arbitration involving the collection shall be paid its costs and
attorneys’ fees by the non-prevailing party, and such payments shall be in addition to all other
payments provided for by this Agreement, including interest.
6.4. Disputed Payment. If Developer at any time disputes the amount to be paid by it to
City, Developer shall nevertheless promptly make or cause to be made the disputed payment or
payments, but Developer shall thereafter have the right to seek a determination whether the
amount charged by City is in accordance with the terms of this Agreement.
6.5. Notice and Opportunity to Cure. If either Party (referred to herein as the “Defaulting
Party”) fails to comply with its obligations under this Agreement or is otherwise in breach or
default under this Agreement (collectively, a “Default”) then the other Party (referred to herein
as the “Non-Defaulting Party”) may not invoke any rights or remedies with respect to the Default
until and unless: (i) the Non-Defaulting Party delivers to the Defaulting Party a written notice
(the “Default Notice”) which specifies all of the particulars of the Default and specifies the
actions necessary to cure the Default; and (ii) the Defaulting Party fails to cure, within fifteen
(15) days after the Defaulting Party’s receipt of the Default Notice, any matters specified in the
Default Notice which may be cured solely by the payment of money or the Defaulting Party fails
to commence the cure of any matters specified in the Default Notice which cannot be cured
solely by the payment of money within a reasonable period of time after the Defaulting Party’s
receipt of the Default Notice or fails to thereafter pursue curative action with reasonable
diligence to completion.
9
6.6. Attorneys’ Fees. In the event of any suit or other adjudication between the Parties to
enforce any claim arising out of this Agreement or interpret the terms of this Agreement, a
prevailing Party shall be entitled to recover its reasonable and necessary attorney’s fees, expert
witness fees, and all other costs and expenses incurred in resolving the suit or adjudication from
a non-prevailing Party but in no event to exceed the amount authorized by Texas Local
Government Code §271.153.
VII.
NOTICES
7.1. Addresses. All notices hereunder from Developer to City will be sufficient if sent by
certified mail, addressed to City to the attention of City Manager, City of Georgetown, PO Box
409, Georgetown, TX 78627. All notices hereunder from City to Developer will be sufficiently
given if sent by certified mail to Developer: 40105 Industrial Park, Georgetown, TX 78626. The
address for delivery of notice may be changed by either Party by providing not less than five (5)
days prior written notice thereof to the other Party.
VIII.
MISCELLANEOUS
8.1. Execution. This Agreement may be simultaneously executed in any number of
counterparts, each of which will serve as an original and will constitute one and the same
instrument.
8.2. Term and Termination. This Agreement shall be effective upon execution by both
Parties and shall remain in effect for a period of ten (10) years, unless otherwise terminated
according to its terms. Any outstanding payment obligation of either Party shall survive
termination.
8.3. Costs and Expenses. Except as otherwise expressly provided herein, each Party will be
responsible for all costs and expenses incurred by such Party in connection with the transaction
contemplated by this Agreement.
8.4. Governing Law. This Agreement will be governed by the Constitution and laws of the
State of Texas, except as to matters exclusively controlled by the Constitution and Statutes of the
United States of America.
8.5. Successors and Assigns.
(a) Developer. Developer shall not assign its rights or obligations hereunder without
the prior written consent of City.
(b) This Agreement shall be binding upon the permitted successors and assigns of
Developer and City and shall inure to the benefit of the successors and assigns of Developer and
City.
8.6. Headings. The captions and headings appearing in this Agreement are inserted merely to
facilitate reference and will have no bearing upon its interpretation.
10
8.7. Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the
application of any term, covenant, or condition, is held invalid as to any person or circumstance
by any court with jurisdiction, the remainder of this Agreement, and the application of its terms,
covenants, or conditions to other persons or circumstances, will not be affected.
8.8. Waiver. Any waiver by any Party of its rights with respect to a default or requirement
under this Agreement will not be deemed a waiver of any subsequent default or other matter.
8.9. Amendments. This Agreement may be amended or modified only by written agreement
duly authorized by the governing body of City and Developer, and executed by the duly
authorized representatives of all Parties.
8.10. Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement. Without limitation, each Party agrees to execute and
deliver all such other and further instruments and undertake such actions as are or may become
necessary or convenient to effectuate the purposes and intent of this Agreement.
8.11. Venue. All obligations of the Parties are performable in Williamson County, Texas and
venue for any action arising hereunder will be in Williamson County.
8.12. Third Party Beneficiaries. Except as otherwise expressly provided herein and except
with respect to any contracts assumed by City, nothing in this Agreement, express or implied, is
intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under
or by reason of this Agreement.
8.13. Representations. Unless otherwise expressly provided, the representations, warranties,
covenants, indemnities, and other agreements will be deemed to be material and continuing, and
will not be merged.
8.14. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this
Agreement as if the same were set forth in full in the body of this Agreement.
8.15. Entire Agreement. This Agreement, including the attached exhibits, contains the entire
agreement between the Parties with respect to the Interests to be Acquired and supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties with respect to such matters.
8.16. Approvals. All approvals of any party hereunder shall be in writing and, unless
otherwise expressly provided herein, shall not be unreasonably withheld, conditioned or delayed.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
[SIGNATURE PAGES FOLLOW]
CITY OF GEORGETOWN
By:
Dale Ross, Mayor
Date:
Approved as to Form:
_____________________________
Bridget Chapman, City Attorney
DEVELOPER
Snow Woods, LLC
By:_______________________________________
Name:
Title:
Date:
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _____ day of ________________,
2014, by ___________________________________________________________________.
Notary Public, State of Texas
Exhibit “A”
Description of Property
EXHIBIT “B”
Build-out Schedule
Number of Years after Effective Date Required Active Connections in LUEs
2 0
3 16
4
5
6
7
8
9
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