HomeMy WebLinkAboutAgenda_GUS_03.11.2016Notice of Meeting for the
Georgetown Utility System Adv isory Board
of the City of Georgetown
March 11, 2016 at 2:00 PM
at Georgetown Municipal Complex, 300-1 Industrial Av enue, Georgetown TX
The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u
req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le
as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City at leas t
fo ur (4) d ays prior to the sc heduled meeting d ate, at (512) 930-3652 or City Hall at 113 East 8th Street for
ad d itional informatio n; TTY users ro ute thro ugh Relay Texas at 711.
Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of
the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City
Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas
Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows .
B Introduction of Vis itors
Emp lo yee R ec ognitio n
-- none submitted at time o f posting
C Dis cus s ion regard ing the Projec t Progres s Report, timelines includ ing p ro jec ts and Co uncil Actio ns. –
Mic hael Hallmark, P ro ject Manager
D Ind ustry Up d ates
Legislativ e Regular Agenda
E No minations and elec tion of Vice-Chair of the GUS Bo ard . - Bill Stump , GUS Board Chair
F No minations and elec tion of Sec retary of the GUS Board. – Bill Stump, GUS Bo ard Chair
G Review and p o s s ib le ac tion related to the Day and Time o f GUS Bo ard Meetings . – Bill S tump , GUS
Board Chair
H Review and p o s s ib le ac tion to approve the minutes from the regular GUS Bo ard meeting held on January
8, 2016. - Sheila K. Mitc hell, GUS Bo ard Liais on
I Co nsideration and possible recommendatio n to ap p ro ve Task Order KPA-16-005 with Kasberg, Patric k &
As s o ciates , LP of Geo rgeto wn, Texas , for p ro fes s io nal s ervic es related to Edward s Aquifer Recharge
Zo ne Rehabilitation 2015-2016 in the amo unt o f $390,785.00-Wes ley Wright, P.E., S ystems Engineering
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Directo r/Mic hael Hallmark, CIP Manager
J Co nsideration and possible recommendatio n to authorize the General Manager to enter into standard water
agreements in the Western District -- Wes ley Wright, P.E., S ystems Engineering Directo r
K Dis cus s ion and p o s s ib le rec o mmend ation to renew a c o ntract fo r utility bill p rinting and mailing s ervic es
with Datapros e and to approve funding at an annual cost of $229,680. -- Leticia Zavala, Custo mer Care
Directo r
L Dis cus s ion and possible rec o mmend ation to autho rize p ayment to Tyler Techno lo gies for online web
ac count management and payment proc es s ing fees in the amount of $100,500. -- Leticia Zavala, Customer
Care Direc tor
M EXECUTIVE SESSION
In c o mp lianc e with the Open Meetings Ac t, Chap ter 551, Government C o d e, Verno n's Texas Co d es ,
Anno tated, the items lis ted b elo w will b e d is c us s ed in c lo s ed session and are s ub ject to ac tion in the
regular s es s ion.
Sec. 551.086 Competitive Matters and Sec. 551.071 Consultation with Attorney
-- Disc uss io n and p o s s ib le rec o mmendation regard ing c o ntract no vation from JP Mo rgan to Merc uria. –
Chris Fos ter, MPA, CGF O, Manager of R es o urc e P lanning and Integratio n
N Actio n from Executive S es s io n
-- Contrac t no vatio n fro m JP Morgan to Merc uria
Adjournment
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2016, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Call to Ord er
The Bo ard may, at any time, recess the Regular Ses s ion to c o nvene in Exec utive Ses s ion at the req uest of
the Chair, a Bo ard Member, the City Manager, As s is tant City Manager, General Manager o f Utilities , City
Counc il Memb er, or legal counsel fo r any purp o s e autho rized by the Op en Meetings Ac t, Texas
Go vernment Code Chap ter 551, and are s ub jec t to ac tion in the Regular Ses s io n that fo llo ws.
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Disc ussion regarding the P ro ject P ro gress R ep o rt, timelines inc luding p ro jec ts and Counc il Ac tions . –
Michael Hallmark, Projec t Manager
ITEM SUMMARY:
GUS Pro jects :
2nd St. Street and Waterline Rep lacement
Berry C reek Was tewater Intercepto r
County R o ad 255 Waterline Imp ro vements
Daniels Mo untain
EARZ 2014-15
Rabbit Hill Elevated Water Sto rage Tank (EST)
Cedar Breaks (formerly S eq uoia Spur) Elevated Sto rage Tank (EST)
Shell Road Waterline Improvements
Snead Drive S treets and Wastewater Imp ro vements
Wes tinghous e R egional Lift Station (LS )
Counc il Ac tio ns -- None Submitted for Action
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Michael Hallmark
ATTACHMENTS:
Description Type
GUS March Project Reports Backup Material
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Nominations and electio n o f Vic e-Chair of the GUS Board. - Bill Stump , GUS Bo ard Chair
ITEM SUMMARY:
Per the Bylaws of the Georgetown Utility Sys tems Ad visory Board;
“Section 3.1 – Officers. T he Bo ard Offic ers are C hairman, Vice-Chairman and Sec retary. The Chairman
is rec o mmend ed by the Mayor and the City Counc il s hall approve the recommendatio n b y a vo te o f the
majo rity of the Counc il during the annual appointment p ro cess. S hould the Mayo r fail to recommend a
Chairman fo r eac h board, c o mmittee, o r c ommis s ion, and/o r the Counc il fails to approve any Chairman
recommend ed b y the Mayo r, a majo rity of the Counc il plus one may appro ve ap p o intment of a Chairman
to s erve as Chairman without a rec o mmendation of the Mayo r. The other Board Officers are elec ted b y a
majo rity vo te of the Members at the first meeting after the annual appointment proc es s .”
The Chair of the Bo ard , Mr. Bill Stump, will take the nominations from the flo o r, for p o s ition of Vice-
Chair.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Bill Stump (skm)
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Nominations and electio n o f S ecretary o f the GUS Bo ard . – Bill Stump, GUS Board Chair
ITEM SUMMARY:
Per the Bylaws of the Georgetown Utility Sys tems Ad visory Board;
“Section 3.1 – Officers. T he Bo ard Offic ers are C hairman, Vice-Chairman and Sec retary. The Chairman
is rec o mmend ed by the Mayor and the City Counc il s hall approve the recommendatio n b y a vo te o f the
majo rity of the Counc il during the annual appointment p ro cess. S hould the Mayo r fail to recommend a
Chairman fo r eac h board, c o mmittee, o r c ommis s ion, and/o r the Counc il fails to approve any Chairman
recommend ed b y the Mayo r, a majo rity of the Counc il plus one may appro ve ap p o intment of a Chairman
to s erve as Chairman without a rec o mmendation of the Mayo r. The other Board Officers are elec ted b y a
majo rity vo te of the Members at the first meeting after the annual appointment proc es s .”
The Chair of the Bo ard , Mr. Bill Stump, will take the nominations from the flo o r, for p o s ition of Sec retary.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Bill Stump (skm)
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Review and pos s ible actio n related to the Day and Time of GUS Board Meetings . – Bill Stump, GUS
Bo ard Chair
ITEM SUMMARY:
Per the GUS Bylaws Section 4.1 Time & Date of Regular Meeting. The Bo ard s hall meet once a
mo nth o n the s ame week o f the mo nth, the s ame d ay o f the week, at the same time, and at the same p lace.
The regular date, time, and p lace o f the Bo ard meeting will b e dec id ed by the Members at the first meeting
o f the Bo ard after the annual appointment proc es s .
Currently, the GUS Board meets o n the sec ond F rid ay o f eac h mo nth at 2:00PM.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Bill Stump (skm)
ATTACHMENTS:
Description Type
Draft Meeting Dates 2016-17 Backup Material
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GEORGETOWN UTILITY SYSTEMS ADVISORY BOARD
(GUS)
Meeting Schedule
March 2016 – February 2017
All Regular Meetings will be held on the second FRIDAY of every month at 2:00PM at the
Georgetown Municipal Complex, located at 300-1 Industrial Avenue
Please contact Sheila Mitchell at 512.931.7709 if you have questions regarding meeting dates or
times.
MARCH 11, 2016
APRIL 8, 2016
MAY 13, 2016
JUNE 10, 2016
JULY 8, 2016
AUGUST 12, 2016
SEPTEMBER 9, 2016
OCTOBER 14, 2016
NOVEMBER 11, 2016
DECEMBER 8, 2016 (Thursday)
JANUARY 13, 2017
FEBRUARY 10, 2017
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Review and pos s ible actio n to ap p ro ve the minutes fro m the regular GUS Board meeting held o n January
8, 2016. - Sheila K. Mitchell, GUS Board Liais o n
ITEM SUMMARY:
Bo ard to review, revis e and /or ap p ro ve the minutes fro m the regular GUS Board meeting held o n January
8, 2016.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Sheila K. Mitc hell/GUS Bo ard Liais o n
ATTACHMENTS:
Description Type
Jan 8 2015 GUS Board DRAFT Minutes Backup Material
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Minutes of the Meeting of the
Georgetown Utility Systems Advisory Board and the
Governing Body of the City of Georgetown, Texas
January 8, 2016 at 2:00PM
at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, TX
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: Bill Stump – Chair, Ed Pastor – Vice Chair, Mike Cunningham –
Secretary, John Hesser, Steve Fought, Joyce Mapes, Robert Kostka (joined at 2:03pm)
Board Members Absent:
Staff Members Present: Jim Briggs, Mike Babin, Wes Wright, Michael Hallmark, David Munk,
Jimmy Sikes, Chris Foster, Mike Westbrook, Dave Hall, Trina Bickford, Leticia Zavala, Glenn
Dishong (joined at 2:06pm), Sheila Mitchell
Others Present: Ed Wiley, Sun City resident (Sun City Nature Club President)
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 – Called to order by Chair at 2:00PM
The 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
Ed Wiley, Sun City resident, Sun City Nature Club President
Employee Recognition
--none submitted at time of posting
C. Discussion regarding the Project Progress Report, timelines including projects and Council Actions. –
Michael Hallmark, Project Manager
Hallmark stated reports in packet. Stump asked and Hallmark provided further details about
progress on 2nd Street. No further discussion.
D. Industry Updates
Briggs noted Public Utilities Commission (PUC) hearing, commissioners voted unanimously to
support application and points made in transfer. Final order not signed yet; has 60days to do so
after staff handles administrative details. There is still an appeals process for the opposition with
a 25 day timeline. Further discussion continued on outstanding legal actions filed against each
CTSUD board member and the City of Georgetown, to still be determined over the next few
months. In the meantime we’re waiting for the final order to be signed by PUC and then we will
technically have the CCN. Briggs discussed CTSUD Board status and how/when they will be
dissolved; Board is looking into their options, including pre-filing legislation for the next session.
Stump commented on tax credit renewal by Congress on solar and wind. Briggs/Foster provided
additional details; phasing out over a period of five years. No further discussion.
Legislative Regular Agenda
The Board will individually consider and possibly take action on any or all of the following items:
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E. Review and possible action to approve the minutes from the Special GUS Board meeting held on
December 1, 2015 and the Regular GUS Board meeting held on December 10, 2015. – Sheila K.
Mitchell, GUS Board Liaison
Motion by Pastor, seconded by Kostka to approve the December 1, 2016 and December 10, 2015
minutes as presented. Approved unanimously 7-0
F. Consideration and possible recommendation to approve a contract with DN Tanks, Inc. of Wakefield,
Massachusetts for the construction of Daniels Mountain GST/EST (Ground Storage Tank/Elevated
Storage Tank) in the amount of $1,692,420.00. – Wesley Wright, P.E., Systems Engineering
Director/Michael Hallmark, CIP Manager
Wright provided details of item noting design contract was approved by the board in December.
He discussed current tanks and need for additional tank to meet summer’s peak demand.
Quicker construction turnaround time on GST, which is 6 months compared to an EST of several
years. Two bids were received; construction can be done by mid-summer. Cunningham spoke
about the vendors noting DN Tanks is a great company. Briggs commented on pricing being very
competitive and long-term maintenance is very low. Wright noted land acquisition complete.
Motion by Pastor, seconded by Mapes to approve a contract with DN Tanks, Inc. of Wakefield,
Massachusetts for the construction of Daniels Mountain GST/EST (Ground Storage
Tank/Elevated Storage Tank) in the amount of $1,692,420.00. Approved unanimously 7-0
G. Consideration and possible recommendation to approve a contract renewal with Techline
Construction Inc., of Austin, Texas for labor associated with various electric system overhead
construction and maintenance projects, as well as occasional underground and emergency services in
the amount of $500,000.00. – Wesley Wright, P.E., Systems Engineering Director
Wright gave background on electric items, which are presented 2-3 times per year. Materials are
purchased through Techline’s state contract. This item is for construction labor. This item is a
renewal of contract; they worked for us last year and have done good work. Stump asked about
reviewing contract and pricing; Wright/Bickford stated contract is under a reciprocity agreement
through the LCRA State Contract. Cunningham asked and Wright confirmed bid is hourly for
Techline through LCRA pricing. Bird Electric was bid out by the City. This will allow us to have
an additional contractor in town (in addition to Bird Electric, which currently has two crews
working). Hesser asked and Wright confirmed all invoices go through normal city appr oval
processes before payment is disbursed. Motion by Cunningham, seconded by Pastor to approve
a contract renewal with Techline Construction Inc., of Austin, Texas for labor associated with
various electric system overhead construction and maintenance projects, as well as occasional
underground and emergency services in the amount of $500,000.00. Approved unanimously 7-0
H. Presentation and discussion of Treated Water Supply and Demand Management for 2016 and
beyond. – Mike Babin, Deputy General Manager, Utilities
No action required; for discussion only. Prior to Babin’s presentation, Briggs provided
update/background of water demand and where we’ve been the last couple of years, looking
forward to the future and options for additional water. Briggs reviewed history of changes to
irrigation schedules and volume of customers which remained on two-day schedule. Babin gave
presentation (included in board packets), noting discussion is pertaining to treated water supply
instead of raw water. Presentation will also be given to Council in the upcoming week. Focus on
1. Watering on correct day; 2. Overwatering; 3. Potential leaks. Will be educational process for
customers. Further discussion followed presentation. No action required.
Sikes departed meeting at 2:30PM
Adjournment
Motion by Pastor seconded by Kostka to adjourn meeting. Approved unanimously 7-0. Meeting
adjourned at 3:30PM.
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__________________________ _____________________________
Bill Stump – Board Chair Mike Cunningham – Secretary
_________________________________
Sheila K. Mitchell, GUS Board Liaison
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Cons id eration and p o s s ib le rec o mmendation to approve Tas k Ord er KPA-16-005 with Kas b erg, Patric k &
Assoc iates, LP o f Georgetown, Texas, for profes s ional services related to Ed wards Aq uifer Rec harge
Zone Rehabilitatio n 2015-2016 in the amo unt of $390,785.00-Wesley Wright, P.E., Sys tems Engineering
Direc tor/Michael Hallmark, CIP Manager
ITEM SUMMARY:
The Texas Commis s ion Enviro nmental Quality (TC EQ) regulations require that was tewater c o llectio n
s ystems over the Ed ward Aq uifer Rec harge Zone (EARZ) b e tes ted and defec ts b e c o rrected . GUS Water
Services Department p erfo rms all testing of the was tewater sys tem and Kas b erg, P atric k and As s o ciates
(KPA) reviews the c ity tes ting d ata and recommends remed ial ac tion need ed to p revent exfiltration into
aq uifer. This item will evaluate the testing informatio n p ro vided b y the was tewater department and takes the
remed iation rec ommend ation and engages the s ervices o f KPA to p erfo rm the neces s ary design, bidding,
and cons truction management to enac t the rec ommend ed repairs.
KPA is q ualified bec aus e o f their experience with reviewing City o f Georgeto wn EARZ testing data and
numero us p rojec ts they have done for the c ity. Purs uant to the Master Servic es Agreement, Tas k Ord er
KPA-16-005 (attac hed ) defines the s cope of work as : Testing evaluatio n, surveying, s c hematic d es ign, final
d es ign, b id d ing, and c o nstruc tion adminis tration for the rehab ilitatio n o f defec ts in the existing was tewater
s ystem identified in the EARZ 2015-2016 tes ting. Improvements will replac e b y o p en cut and/o r rehab ilitate
thro ugh trenchles s o r c ured-in-p lace tec hnologies , the exis ting vitrified c lay piping s ys tem, o ffs et p ip e
jo ints and bric k manholes which are failing with a s ound wastewater sys tem that will adhere to c urrent
TCEQ regulations .
STAFF RECOMMENDATIONS:
Staff rec o mmend s executing Task Order KPA-16-005 fo r professional servic es relating to Ed wards Aq uifer
Rec harge Zone R ehabilitation 2015-2016 with Kas b erg, P atric k, & Assoc iates , LP o f Georgetown, Texas,
in the amount o f $390,785.00
FINANCIAL IMPACT:
Funds fo r this exp enditure are bud geted in the Was tewater CIP. S ee attac hed C IP Bud getary & Financ ial
Analysis Sheet.
SUBMITTED BY:
Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager
ATTACHMENTS:
Description Type
CIP B&FAW Backup Material
Tas k Order Backup Material
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FINANCIAL IMPACT:
YTD
Spent/Enc Agenda Item
Engineering 238,550
Right of Way 60,000
Construction 1,159,755
Other Costs
testing/inspection
Current Budget
Available
Budget
BUDGET
BALANCE Variance
TOTAL 1,500,000 298,550 1,201,450 1,159,755 41,695 2.78%
General Ledger Account Number
COMMENTS: Testing costs are expected to be 25,000 and will be funded from BUDGET BALANCE
FINANCIAL IMPACT:
YTD
Spent/Enc Agenda Item
Engineering 238,550
Right of Way 60,000
Construction 1,220,000
Other Costs
testing/inspection
Current Budget
Available
Budget
BUDGET
BALANCE Variance
TOTAL 1,500,000 298,550 1,201,450 1,220,000 (18,550) -1.24%
General Ledger Account Number
COMMENTS: Testing costs are expected to be 25,000 and will be funded from BUDGET BALANCE
Example Project
Project 2 Example
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DATE:
PROJECT NAME:3CL 2/10/2016
Division/Department:GUS / Wastewater Director Approval
Prepared By:Michael Hallmark Finance Approval TW 2/10/2016
TOTAL ANNUAL BUDGET 2,500,000.00
(Current year only)
Actual Cost Agenda Total Spent
Encumbrance Item & Encumbered % Annual
(A) before agenda item (B)(A + B) Budget
Consulting 390,785.00 390,785.00 16%
Right of Way 0.00 0%
Construction 773064.00 773,064.00 31%
Other Costs 14240.00 14,240.00 1%
Total Current Year Costs 787,304.00 1,178,089.00
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
660-9-0581-90-037 2,500,000.00
Total Budget 2,500,000.00
TOTAL PROJECT BUDGET 2,500,000.00
Prior Years Current Year Total Project % Total
Spent/Encumbered Costs Costs Budget
Consulting 390,785.00 390,785.00 16%
Right of Way 0.00 0.00 0%
Construction 773,064.00 773,064.00 31%
Other Costs 14,240.00 14,240.00 1%
Total Project Costs 0.00 1,178,089.00 1,178,089.00
Comments:
Task Order KPA-16-005 for EARZ 2015-2016
CIP- Budgetary and Financial Analysis Worksheet
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City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Cons id eration and p o s s ib le rec o mmendation to autho rize the General Manager to enter into s tand ard water
agreements in the Wes tern Dis tric t -- Wesley Wright, P.E., Sys tems Engineering Direc tor
ITEM SUMMARY:
Muc h o f the Wes tern District (the fo rmer Chis holm Trail Spec ial Utility Distric t Certificate of Convenienc e
and Nec es s ity) is loc ated o uts id e the City of Geo rgeto wn's Extraterrito rial Juris d ictio n (ETJ).
The City o f G eo rgeto wn's Unified Develo pment Code (UDC) p latting proc es s p ro vides ad eq uate
o p p o rtunity to review and as s es s the City's ability to p ro vide utilities to p ropos ed d evelopments within the
ETJ. The UDC als o es tab lis hes d evelopment requirements that mus t b e met in o rd er for a develo p ment to
receive servic e. Ho wever, the UDC's regulato ry authority d o es no t extend outs ide the ET J.
Therefore, individ ual water agreements will c ontinue to b e necessary for develo p ments outside the ETJ.
Since cons o lidatio n, the city has s tand ard ized the form fo r water agreements . Mos t water agreements
fo llo w the stand ard form and res ult in no direc t exp enditure o n the c ity's behalf to p ro vide s ervic e. It is
typ ical fo r the develo p er to extend all utilities , b o th ons ite and o ffs ite, required to s erve their property.
As a result, staff recommend s that Co uncil autho rize the General Manager o f Utilities to adminis tratively
exec ute stand ard water agreements that res ult in no d irect c o s t to the c ity.
In a manner s imilar to current utility/d evelopment agreements ins id e the ETJ, c o mp licated and /or non-
s tand ard agreements that res ult in c ity particip ation will c o ntinue to c o me fo rward fo r the ap p ro p riate
Bo ard and Counc il approval.
FINANCIAL IMPACT:
There is no direc t c o s t to the c ity.
SUBMITTED BY:
Wes ley Wright
ATTACHMENTS:
Description Type
Standard Water Agreement Template Backup Material
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1
WATER SERVICE AGREEMENT
(DEVELOPMENT COMMON NAME)
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This Water Service Agreement (“Agreement”) is entered into as of the Effective Date, by
and among the City of Georgetown, a Texas Home Rule Municipal Corporation (“City”); and
DEVELOPER(S) LEGAL NAME, TYPE OF ORGANZIATION (“Developer”). Each of
which 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 facilities that it utilizes to provide retail water services to its customers; and
B. WHEREAS, Developer is the owner of that approximately #ACRES acres of real property
known as DEVELOPMENT COMMON NAME (the “Property”), more fully described in Exhibit
“A” attached hereto, that Developer desires for single family residential purposes;
C. WHEREAS, the Property is located INSIDE/OUTSIDE the City’s extraterritorial
jurisdiction and in the former service area of Chisholm Trail Special Utility District’s (“CTSUD”)
Certificate of Convenience and Necessity No. 11590 (“CTSUD’s CCN”) now City of Georgetown
CCN No. 12369;
D. WHEREAS, Developer desires to obtain retail water service for future residents and
customers within the Property;
E. 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 by the City.
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:
“Agreement” means this Water Service Agreement.
“Effective Date” means the last day of execution of this Agreement by all Parties hereto.
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2
“Impact Fee” means a fee established and amended from time to time by the Board of
Directors of CTSUD or Georgetown City Council, whichever is applicable, 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.
“Interests to be Acquired” means the Internal Facilities, all easements and interests within
the Property to be conveyed under the terms set forth in this Agreement.
“Internal Facilities” means the infrastructure, including all water transmission and
distribution lines and related facilities, equipment, and appurtenances thereto, to be constructed by
or on behalf of Developer and dedicated to City for purposes of extending water service from the
Water System. The exact physical location, design and specifications of the Internal Facilities
shall be identified in the plans and specifications submitted to City, and shall be subject to City’s
review and approval. Internal Facilities may include infrastructure located outside the limits of
the Property.
“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.
“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.
“Property” means that certain real property consisting of approximately #ACRES acres
known as DEVELOPMENT COMMON NAME, and located in Williamson County being more
particularly described on Exhibit “A” attached hereto.
“Service Commitment” means the #LUEs LUEs of retail water service that City agrees to
make available to the Property in accordance with the terms and conditions of this Agreement.
“TCEQ” means the Texas Commission on Environmental Quality or any successor agency.
“Transfer” means the conveyance of the Interests to be Acquired to the City.
“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 #LUEs LUEs, to be calculated in accordance
with Section 4.2 of this Agreement.
“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 50% #LUEs
(50%) 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.
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“Water System” means the water system now owned or to be acquired by City to serve
City’s water service territory and the area included within the former CTSUD’s CCN, and any
expansions, improvements, enlargements, additions and replacements thereto, including the
Interests to be Acquired, subject to the terms of this Agreement.
II.
PROVISION OF WATER SERVICES
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 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 the City’s rules, regulations, and policies.
(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; and
(iii) the Internal Facilities required to provide service the Property have been
completed in accordance with plans and specifications approved by City,
are operational, and have been conveyed to and accepted by City; and
(iv) all easements and other real property interests in Property required to be
conveyed to City under this Agreement have been dedicated to City; and
(v) all required fees and charges have been paid to City
Service. City shall provide 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.
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.
Fire Flows. City agrees to make service available to the Property at a flow rate not less
than # GPM 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
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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.
Dead Ends. Developer acknowledges and agree to install at its sole expense automatic
flush valves on all dead ends constructed within the Property.
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, except as may be required by other separate agreements.
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.
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.
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 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.
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, prohibiting private water wells for
domestic and drinking water purposes, and imposing those restrictions consistent with those water
conservation provisions set forth in the City’s Water Conservation and Drought Contingency Plans
in their current form, or as may be amended from time to time, which restrictions shall be made
applicable to each owner of property within each such subdivision. The deed restrictions shall
specifically provide that they are enforceable by the City, its successors and assigns or any entity
that acquires the Water System or CCN, and may not be amended without City’s consent.
III.
BUILD-OUT SCHEDULE
Build-out Schedule.
(a) Developer agrees that on or before the second anniversary of the Effective Date
there will be #10%LUEs LUEs of active connections within the Property, such number of
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connections being equal to ten percent (10%) of the total Service Commitment made available
hereunder. In the event that there are not the requisite number of LUEs of active connections,
Developer agrees that on or before the second 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 required number of active connections and the actual number of active
connections within Property.
(b) Developer agrees that after the second anniversary of the Effective Date (730 days
after the Effective Date) there will be an additional #10%LUEs LUEs of active connections within
Property each year, such number of connections being equal to approximately ten percent (10%)
of the total Service Commitment made available hereunder, until the number of active connections
is equal to #80%LUEs (80%) LUEs of active connections, such number of connections being equal
to approximately eighty percent (80%) of the total Service Commitment made available hereunder.
In the event that there are not the requisite number of LUEs of active connections as of the
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 required number of
active connections and the actual number of active connections within Property.
(c) The required build-out schedule is further described in Exhibit “B”, attached
hereto and incorporated herein by reference. Developer acknowledges and agree that its failure to
have completed the requisite number of active connections as of the respective anniversary of the
Effective Date or 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 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
Property under this Agreement shall terminate.
IV.
RATES, FEES, CHARGES, AND OTHER PAYMENT OBLIGATIONS
Rates. Except as otherwise provided in this Agreement, all retail water customers within
the Property will pay the applicable standard rates, fees, and charges for retail water service, as
established and amended by the governing body of the water certificate of convenience and
necessity holder from time to time.
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 pa yment shall be made by Developer to
City within thirty days of the Effective Date.
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(c) All subsequent payments of the Water Acquisition Fee shall be made in full by
Developer to the City 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 failure by them 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.
Impact Fees.
(a) If the property is entirely or partially located within a Municipal Utility District
(MUD), then within thirty (30) days after the City approves a final plat for a portion of the Property
which will receive water service under this Agreement, Developer will pay or cause to be paid the
Impact Fee then in effect multiplied by the number of meters for the lots contained within the final
plat. 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) If no part of the property is located within the boundary of a MUD, then at the time
that Developer is prepared to set a meter for an active connection within the Property, Developer
will make a plumbing permit application to the City’s Permitting and Ins pections Department.
Along with its permit application, Developer agrees that it will pay or cause to be paid 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, the applicable entity shall credit applicants for service for such
meters with the corresponding amount of the impact fees so paid.
(c) Developer acknowledges and agrees that City will have absolutely no obligation to
provide service to any lots within Property unless and until the Impact Fee for that lot has been
paid.
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 the applicable rules and policies, including
impact fees, at the time of application for service.
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 applicable
charges, fees, and deposits for water service, as such fees may be amended by the City from time
to time.
Consultant Fees. City acknowledges prior receipt of a utility evaluation request 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
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timely received by City, 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.
INTERNAL FACILITIES
5.1 Internal Facilities. Developer will construct, or cause to be constructed, all Internal
Facilities required to extend retail water services to the Customers within the Property from the
Water System, including all facilities and equipment required to connect the Internal Facilities to
the Water System. The Internal Facilities shall also include permanent flushing assemblies of a
type and at a location approved by City at dead ends. Upon completion of construction of each
phase of the Internal Facilities, Developer will provide City with a certificate of completion from
a licensed professional engineer certifying that the Internal Facilities have been completed in
accordance with the approved plans and specifications. The date upon which the certificate of
completion is provided to City shall be the “Completion Date.” Within thirty days after the
Completion Date, Developer shall transfer and convey, or cause to be transferred and conveyed,
the completed Internal Facilities to City in accordance with the terms of Article VII below.
5.2 Design of the Internal Facilities. All physical facilities to be constructed or acquired as
a part of the Internal Facilities will be designed by a qualified registered professional engineer
selected by or on behalf of Developer. The design will be subject to the approval of City and all
governmental agencies with jurisdiction. The Internal Facilities shall be designed so as to provide
continuous and adequate service within the Property and so as to ensure their compatibility with
City’s existing water system. The Internal Facilities will include any equipment necessary for
water transmission and distribution, water services through the meter box, pressure reducing
valves, air release valves, flow control/shut-off valves, master meters, backflow prevention
devices, fire hydrants, flushing assemblies, and other equipment as may be specified by C ity.
Developer further agrees to install, or cause to be installed, meter boxes and a flow indicator for
fire lines, if any. Any variance to the plans or specifications approved by City or specified in this
Agreement must be submitted in writing to City and is subject to City’s sole discretion and
approval. If the Internal Facilities are not in compliance with the agreed specifications approved
by City, then City may pursue any remedy provided in this Agreement, or may require that
Developer replace the facilities.
5.3 Construction of Facilities.
(a) The Internal Facilities will be constructed, and all related easements, equipment,
materials, and supplies will be acquired by Developer, and all construction contracts and other
agreements will contain provisions to the effect that any contractor, materialman, or other party
thereto will look solely to Developer for payment of all sums coming due thereunder and that City
will have no obligation whatsoever to any such party.
(b) The Internal Facilities will be constructed in a good and workmanlike manner and
all material used in such construction will be substantially free from defects and fit for their
intended purpose. City may have an on-site inspector to inspect and approve the construction,
which approval will not be unreasonably withheld or delayed. Developer shall not cover or allow
to be covered any portion of the Internal Facilities until City has the reasonable opportunity to
inspect the facilities. City will notify Developer of any construction defects coming to its attention
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as soon as practicable. Developer shall pay City for inspections in accordance with City Fee
Schedule.
(c) Upon completion of construction of each phase of the Internal Facilities, Developer
agrees to furnish City with one reproduction, one blue-line copy, and one set of computer files in
an electronic format specified by City of the as-built or record drawings of each
5.4 Warranty. Except as otherwise specified, Developer agrees to repair or cause to be
repaired all defects in materials, equipment, or workmanship for the Internal Facilities appearing
within two (2) years from the Completion Date to comply with the approved plans and
specifications for the Internal Facilities. Upon receipt of written notice from City of the discovery
of any defects, Developer shall promptly and at no cost to the City remedy the defects and replace
any property damaged therefrom. In case of emergency where delay would cause serious risk of
loss or damage to City or its customers, or if Developer, after notice, fails to proceed promptly
toward such remedy within thirty (30) days or within another period of time which has been agreed
to in writing, City may have defects in the Internal Facilities corrected in compliance with the
terms of this warranty and guarantee, and Developer shall be liable for all actual out-of-pocket
costs and expenses incurred by City in so doing.
5.5 Assignment of Warranty Obligations. In addition to Developer’s duty to repair, as set
forth above, Developer expressly assume all warranty obligations required by City under the
approved plans and specifications for specific components, materials, equipment, or workmanship.
Developer may assign, or cause to be assigned, to City, by written instrument in a form approved
by counsel for City, a complying warranty from a manufacturer, supplier, or contractor. Where an
assigned warranty is tendered and accepted by City that does not fully comply with the
requirements of the agreed specifications, Developer shall remain liable to City on all elements of
the required warranty that are not provided by the assigned warranty.
5.6 Maintenance Bond. Developer agrees to provide to City a Maintenance Bond in a form
and from a surety acceptable to City for all Internal Facilities. The Maintenance Bond shall
provide for the repair of any defects in materials, equipment, or workmanship for the Internal
Facilities appearing within two years from the Completion Date, and shall be in an amount equal
to twenty five percent (25%) of the total construction costs for the Internal Facilities, as determined
by City. Developer may furnish a proposed form of Maintenance Bond or proposed surety to City
at any time to secure City’s approval to the form thereof and/or approval of the surety.
5.7 Insurance. Developer shall require that all workers involved with the installation and
construction of the Internal Facilities are covered by workers’ compensation insurance as required
by the laws of the State of Texas. Developer shall also procure and maintain, at its own cost, or
require that its contractors procure and maintain, comprehensive general liability insurance
insuring against the risk of bodily injury, property damage, and personal injury liability occurring
from, or arising out of, construction of the Internal Facilities, with such insurance in the amount
of a combined single limit of liability of at least $1,000,000 and a general aggregate limit of at
least $1,000,000. Such insurance coverage shall be maintained in force at least until the
completion, inspection, and acceptance of the Internal Facilities by City. City shall be named as
an additional insured on all such insurance coverages.
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VI.
REAL PROPERTY
6.1 Internal Easements.
(a) All Internal Facilities located within Property shall be constructed within public
rights-of-way or within exclusive perpetual easements dedicated or conveyed as the City may
determine to be reasonably necessary for the ownership, operation, and maintenance of, and
including access to, the Internal Facilities. City shall approve the physical location of water lines
within public rights-of-way or easements relative to other utility infrastructure, when such facilities
are authorized by City to be located therein, to prevent conflicts with other utilities, road
improvements, or drainage improvements.
(b) All easements must have a minimum width of twenty (20) feet, unless otherwise
required by City or specified in this Agreement.
(c) All easements shall be dedicated or conveyed to the City at no cost to the City.
(d) All easements shall be at locations approved by City and in the form approved by
counsel for City.
(e) Executed easements shall be furnished to, and recorded by, City prior to the
provision of water service to the Property, but the commencement of water service by City to
Property shall not waive or relinquish Developer’s obligation to provide any and all such
easement(s).
VII.
CONVEYANCE AND TRANSFER
Interests to be Acquired. Subject to the conditions set out in this Agreement, Developer
agrees to convey to City the following, which are collectively referred to as the “Interests to be
Acquired”:
(a) the Internal Facilities, or any portions thereof, when they are finally constructed
and accepted by City;
(b) all easements necessary for the operation and maintenance of and access to the
Internal Facilities and any other easements required by City;
(c) all maps, drawings, engineering records, and office records in the possession of
Developer relating to the Internal Facilities (the “Records”); and
(d) all of the contracts, leases, warranties, bonds, permits, franchises, and licenses in
the possession of Developer related to or arising out of the acquisition, construction, and operation
of the Interests to be Acquired (the “Contracts”).
Transfer.
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(a) Prior to Transfer, Developer shall deliver to the City the following items:
(i) One (1) complete set of construction plans for the Internal Facilities
certified as “as-built” by the designing engineer in the format requested by
the City; and
(ii) Copies of all documents evidencing transfer or assignment of all contractor,
subcontractor, consultant, and manufacturer and all other contractual rights,
warranties, guarantees, assurances of performance, and maintenance bonds
related to the Internal Facilities; and
(iii) Certifications that there are no liens or other encumbrances on the Internal
Facilities, including copies of lien releases in form and substance acceptable
to the City; and
(iv) All easements to be conveyed to the City, including metes and bounds
descriptions and surveys; and
(v) The Contracts (defined above); and
(vi) The Records (defined above).
(b) Time and Manner of Transfer. The Internal Facilities shall be transferred to the
City within the time period set forth in Section 5.1 of this Agreement. The Internal Facilities shall
be deemed to be transferred to the City when the City issues a written letter of acceptance for same
evidencing the City’s consent to accept the Internal Facilities for ownership, operation and
maintenance.
VIII.
CONDITIONS, REPRESENTATIONS AND WARRANTIES
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,
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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.
Representations of Developer. Developer acknowledges, represents, and agrees that:
(a) It is qualified in all respects to conduct business within the State of Texas;
(b) Except under any financing documents that will be released at the prior to Transfer,
it has not created or permitted any third person to create any liens, leases, options, claims,
encumbrances, or any other adverse rights, claims, or interests with respect to any Interests to be
Acquired that will prevent or hinder its ability to transfer good and warrantable title in same to
City;
(c) It will be the true and lawful owner of the Interests to be Acquired, except as
provided under financing documents that will be released prior to Transfer, no other third person
or entity, public or private, will possess a right or interest, legal or equitable, nor any lien,
encumbrance, or other adverse claim, present or contingent, in or to the Interests to be Acquired;
(d) Except as provided under financing documents that will be released prior to
Transfer it has not previously sold, assigned, transferred, leased, pledged, or hypothecated its
ownership interest in or to Interests to be Acquired and, prior to the Transfer contemplated in this
Agreement, will not sell, assign, transfer, lease, pledge, or otherwise hypothecate any interest in
or to the Interests to be Acquired to any third person or entity, except as provided under financing
documents that will be released at the time of Transfer;
(e) It has not entered into any agreement, written or oral, with any third party, wherein
any such third party has agreed to reimburse it for the cost of design or construction of the Interests
to be Acquired or any portion thereof, or wherein any third party has acquired a right to purchase
such facilities;
(f) The contemplated transfer of the Interests to be Acquired constructed by Developer
will not violate any term, condition, or covenant of any agreement to which it is a party;
(g) 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;
(h) The contemplated transfer of the Interests to be Acquired constructed by Developer
to City will not violate the provisions of the United States Constitution, the Texas Constitution, or
any federal, state, or local law, ordinance, or regulation;
(i) It has not previously granted any right or option to any other person, entity, or
political subdivision to acquire or use the Interests to be Acquired to be constructed by Developer,
and agrees to defend and hold City harmless from all claims or causes of action asserted by any
third person, entity, or political subdivision alleging a right or option to acquire or use the Interests
to be Acquired constructed by Developer, or any portion thereof; and
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(j) Except as provided herein, it has not previously entered into any agreement or
caused or otherwise authorized any action that would diminish, eliminate, or adversely affect
City’s contemplated ownership or use of the Interests to be Acquired.
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.
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.
Survival of Covenants. The covenants contained in this Article will survive the
conveyance, transfer, and assignment of the Interests to be Acquired after Transfer and will
continue to bind City and Developer as provided herein.
IX.
REMEDIES
City Remedies.
(a) If Developer fails or refuses to timely comply with any of their 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.
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Developer Remedies.
(a) If City fails or refuses to timely comply with their respective obligations hereunder,
or if, prior to Transfer, 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 prior to Transfer, as applicable, the applicable default,
objection, or condition and proceed to close the transaction in accordance with the remaining
terms.
(b) If, after Transfer, Developer determines that any of City’s representations,
warranties, or covenants which applied to the Transfer are not true in any material respect, then
the Developer may avail itself of any remedy 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.
Default in Payments.
(a) 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, and the City prevails in any litigation
or arbitration involving the collection, Developer shall bay the City’s costs and attorneys’ fees,
and such payments shall be in addition to all other payments provided for by this Agreement,
including interest.
(b) In the event of any failure to provide a required payment hereunder by Developer,
Developer agrees that City may, in its sole discretion, decline to sign any additional final plats for
subdivisions within the Property until payment in full is made to City.
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.
Default. Unless otherwise provided in this Agreement, 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”) other than Default for non-
payment of money, 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 the Non-Defaulting
Party delivers to the Defaulting Party a Notice and Opportunity to Cure and the Defaulting Party
fails to cure as required.
X.
NOTICES
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14
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, P.O. Box
409, Georgetown, TX 78627. All notices hereunder to Developer will be sufficiently given if sent
by certified mail or facsimile transmission with confirmation of delivery to Developer c/o
DEVELOPER ADDRESS. The address for delivery of notice may be changed by any Party by
providing not less than five (5) days prior written notice thereof to the other Parties.
XI.
TERM AND TERMINATION
Term. This Agreement shall be effective for a period of ten (10) years from the Effective
Date unless otherwise terminated according to its terms. Any outstanding payment obligation of
either Party shall survive termination.
Effect of Termination. Notwithstanding any termination of this Agreement on terms
provided herein, City’s obligation(s) to furnish water services to all retail water customers residing
within the Property to which City is providing Service at the time of termination survives the
termination of this Agreement.
XII.
MISCELLANEOUS
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.
Costs and Expenses. Except as otherwise expressly provided herein, each Party will be
responsible for all costs and expenses and attorney’s fees incurred by such Party in connection
with the transaction contemplated by this Agreement.
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.
Successors and Assigns.
(a) Developer shall not assign its rights or obligations hereunder without the prior
written consent of City.
(b) City has the right to assign its rights or obligations hereunder without the prior
written consent of the Developer.
(c) 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.
Headings. The captions and headings appearing in this Agreement are inserted merely to
facilitate reference and will have no bearing upon its interpretation.
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15
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.
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.
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.
Cooperation. 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.
Venue. All obligations of the Parties are performable in Williamson County, Texas and
venue for any action arising hereunder will be in Williamson County.
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.
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.
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.
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.
Approvals. All approvals of any party hereunder shall be in writing.
CTSUD’s CCN. The parties understand and acknowledge that the Property is currently
located within the former water certificate and convenience service area of CTSUD’s CCN. The
City owns and operates the water system that will serve the Property. Since the CTSUD water
certificate and convenience and necessity has been transferred to the City, retail customers on the
Property will be considered retail water customers of the City of Georgetown. The Developer
hereby agrees to support and not directly or indirectly oppose any efforts by City to acquire or seek
transfer of a water certificate of convenience and necessity that would include the Property.
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.
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16
[SIGNATURE PAGES FOLLOW]
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17
CITY OF GEORGETOWN
By:
Jim Briggs, General Manager
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _____ day of ________________,
20__, by Jim Briggs, General Manager of Utilities for the City of Georgetown, on behalf of the
City.
_______________________________________
Notary Public, State of Texas
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18
DEVELOPER:
By: Corporate Legal Name, Organization Type
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _____ day of ________________, 20____,
by _____________________________, _______________ of Developer Corporate Legal Name,
Organization Type.
Notary Public, State of Texas
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19
Exhibit “A”
Description of Property
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20
Exhibit “B”
Build-out Schedule
Number of Years after Effective Date Required Active Connections in LUEs
2 10%
3 20%
4 30%...
5
6
7
8
9
10
Page 56 of 63
City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Disc ussion and pos s ib le recommend ation to renew a c o ntract for utility bill printing and mailing s ervic es
with Dataprose and to app ro ve fund ing at an annual c os t of $229,680. -- Letic ia Zavala, Custo mer Care
Direc tor
ITEM SUMMARY:
The C ity award s the utility bill p rinting and mailing s ervic e c o ntract b y utilizing an inter-lo cal agreement with
the City o f Plano . T he City benefits from the extended volume p ricing in the Plano contrac t and satis fies
the state p ro c urement req uirements thro ugh that proc es s .
The City has had muc h s uc c es s with P lano’s vendor, Datap ro s e, and looks to continue utilizing their
s ervic es . Plano s ec ured a lo wer contrac t p ric e through their RF P proc es s in 2014.
The City o f Georgetown proc es s es ab o ut 43,000 utility bills and notices per mo nth for utility c usto mers
inc luding the Wes tern District (fo rmerly Chis holm Trail Spec ial Utility Distric t c us to mers ). Approximately
36,000 utility bills and notices are mailed via USP S and ab o ut 7,000 are s ent elec tro nic ally via email through
o ur Ebill Program.
Geo rgeto wn Utility S ys tems c o ntinuing to pro vide and market an email o ptio n fo r c us to mer bill
p res entment whic h eliminates o ur p o s tage c os ts for tho s e c usto mers . This optio n was intro d uc ed in June
2012 and has grown to inc lude 7,000 p artic ipants o r 17% o f our to tal cus to mer bas e.
STAFF RECOMMENDATION:
Staff rec o mmend s renewal o f a contrac t fo r utility bill p rinting and mailing s ervic es with Datap ro s e and to
ap p ro ve funding at an annual cost of $229,680.
FINANCIAL IMPACT:
The o verall p ricing averages $0.52 per b ill which is o n p ar with pric ing paid las t year. The p rinting and
insertio n costs average $0.10 and the p o s tage c os ts average $0.42.
Eighty p ercent (80%) o f the es timated annual c ontrac t cost of $229,680 is related to postage and eq uates to
$183,744. The total c o s t fo r bill p rinting and ins ertio n fees is $45,936.
The req uested amo unt fo r this year is $229,680 and is calc ulated as fo llo ws :
Bills printed & delivered via USP S: (36,000 (bills /mo nth) x .52 (rate) x 12 (mo nths )) = $224,640
Bills printed & delivered via Email: ( 7,000 (b ills /month) x .06 (rate) x 12 (months )) = $ 5,040
The fund ing fo r the $229,680 is in the 2015-16 C us to mer Care Bud gets as follows :
540-5-0321-51-310 $182,680
661-5-0353-51-310 $ 47,000
This is a red uc tio n o f $2,880 o r 1.2% over p rio r year c o s ts. The s avings is attrib uted to increased
p artic ip ation in the Eb ill P ro gram.
SUBMITTED BY:
Leticia Zavala, C us to mer Care Directo r
ATTACHMENTS:
Description Type
Purchas e Order Renewal Backup Material
Page 57 of 63
Page 58 of 63
Page 59 of 63
City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Disc ussion and p o s s ib le rec o mmendatio n to autho rize payment to Tyler Tec hnologies for o nline web
acc o unt management and p ayment p ro c es s ing fees in the amount of $100,500. -- Letic ia Zavala, Custo mer
Care Direc tor
ITEM SUMMARY:
Insite is the City’s o nline ac count management and payment portal.
Benefits to the c us to mers includ e the ab ility to:
· Manage utility and municipal c o urt ac counts online via the webs ite
· Ac c es s real time ac count data & acc urate billings & acc o unt info rmation.
· Pay their b ill online 24 ho urs a d ay, 365 d ays a year
Benefits to the C ity/Utility inc lude:
· Inc reas ed collec tion rates
· Improved productivity, allowing repres entatives to fo cus on higher return interactio ns
· Inc reas ed effic iency s ince it automatically integrates with exis ting Cus tomer Info rmatio n
(Billing) s ys tem (INCODE)
Cus tomer Care hand les approximately 38,500 total payments p er month which inc ludes Wes tern Distric t
cus tomers. Web p ayments acc o unted fo r 15% of the to tal p ayments proc es s ed in 2015. We received
ap p ro ximately 5,900 payments per mo nth through the website portal in 2015.
Costs inc lud e web p ublis hing fees , cus tomer inquiry fees, and trans actio n fees , and are separated by area
b elo w. The Web Pub lis hing fees and the C usto mer Inq uiry fees are a fixed annual c o s t. The transac tio n
fees are $1.25 eac h and are paid b as ed on the number o f payments ac tually taken through the website.
Department Description Cost Calculation Estimate
Municipal Co urt Web Pub lis hing $ 900 Fixed C o s t
Munic ip al C o urt Custo mer Inquiry $ 900 Fixed Co s t
Cus to mer C are Web Pub lis hing $ 600 Fixed Co s t
Cus to mer C are Custo mer Inquiry $ 9,600 F ixed Cost
Cus to mer C are Transac tion Fees $ 88,500 (5,900/mo nth X 12 X $1.25)
TOTAL: $100,500
STAFF RECOMMENDATION:
Staff rec ommend s approval to authorize payment to Tyler Technolo gies fo r online web ac count
management and p ayment p ro cessing fees in the amount of $100,500.
FINANCIAL IMPACT:
The total es timated c o s t for this service is $100,500. T he amo unt is fund ed in the 2015-16 Custo mer Care
Budgets in the fo llo wing acc o unts:
540-5-0338-51-340 $ 78,000
661-5-0353-51-340 $ 22,500
TOTAL: $100,500
The total c o s t of $100,500 equates to 0.09% o f the total utility revenue collec ted in 2015. Cus tomer Care
will no lo nger inc ur the online web acc o unt management and p ayment p ro ces s ing fees o nc e the existing
CIS sys tem is rep laced.
Page 60 of 63
SUBMITTED BY:
Leticia Zavala, C us to mer Care Directo r
Page 61 of 63
City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
EXECUTIVE SESSION
In compliance with the Op en Meetings Act, C hapter 551, Go vernment Code, Vernon's Texas Codes,
Annotated, the items lis ted below will be d is c us s ed in closed s es s io n and are s ubjec t to actio n in the
regular sessio n.
Sec. 551.086 Competitive Matters and Sec. 551.071 Consultation with Attorney
-- Dis cus s io n and pos s ible recommend ation regarding contrac t novation fro m JP Morgan to Mercuria. –
Chris Fo s ter, MPA, C GFO, Manager o f Res ourc e Planning and Integration
ITEM SUMMARY:
Mercuria Energy Americ a c o mp leted a buyout of JP M Ventures Energy Corporatio n’s energy b usines s in
Octo b er of 2015, whic h inc luded all of the City’s contrac ts with JPMVEC. Merc uria and JP MVEC wished
to novate the c ontrac ts instead of taking a s tandard as s ignment. No vatio n is a proc es s whic h legally c lo s es
the first c o ntrac t, and opens a new c o ntract with the new p arty, even if all other terms are the s ame.
Becaus e of this Staff is b ringing the novation d o c uments through the GUS b o ard for a rec o mmendatio n,
and then through C ity Co uncil o n March 22nd fo r autho rization to sign the new c o ntracts .
NOTE: Limited c o p ies of d o cuments and full p res entation will be p ro vided at meeting during Exec utive
Session.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Chris Fo s ter, MPA, C GFO, Manager o f Res ourc e Planning and Integration
Page 62 of 63
City of Georgetown, Texas
Utility System Advisory Board
March 11, 2016
SUBJECT:
Ac tion from Exec utive Session
-- Co ntract novation from JP Mo rgan to Merc uria
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Page 63 of 63