HomeMy WebLinkAboutAgenda_GUS_05.09.2014Notice of Meeting for the
Georgetown Utility System Advisory Board and the Governing Body
of the City of Georgetown
May 9, 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
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 April
11, 2014. - Sheila K. Mitchell, GUS Board Liaison
F Consideration and possible recommendation to allow the proposed Beth N. Davis Subdivision the use of
an onsite sewer system (septic system) in lieu of a public wastewater system according to Section
13.06.030A.4 of the City's Unified Development Code. Submitted by Andrew Spurgin, Planning Director
and David Munk, Utility Engineer
G Consideration and possible recommendation for the approval of an Offsite Utility Agreement for the
Queens Tract with Pulte Homes of Texas, LP. -- Wesley Wright, P.E., Systems Engineering Director
H Presentation and possible recommendation of the proposed 2014-2015 Georgetown Utility Systems
Capital Improvement Plan -- 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
-- Presentation and possible recommendation of the proposed 2014-2015 Electric Capital Improvement
Plan -- Wesley Wright, P.E., Systems Engineering Director
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:
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.
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Introduction of Visitors
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
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
EARZ Phase 1 year 12-13
North Georgetown Addition
Park Lift Station and Miscellaneous Lift Station Improvements
Public Training Facility Offsite WW
Snead Drive Streets and Wastewater Improvements
Solid Waste Public Drop Facility Improvements
Tin Barn Alley/17th & Austin Avenue Waterline Improvements
Council Actions
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Michael Hallmark
ATTACHMENTS:
Description Type
GUS May project reports Backup Material
Council Rpt Apr mtg for May GUS Backup Material
GUS BOARD ITEMS FORWARDED TO COUNCIL
April 22, 2014
F Forwarded from the Georgetown Utility System Advisory Board (GUS):
Consideration and possible action to amend Task Order M&S-14-001 with M&S
Engineering, LLC in the amount of $30,000.00 for a total of $75,000.00, to continue the
review of relay settings for Georgetown East, Georgetown South and Lonestar
Substations -- Jimmy Sikes, T&D Services Manager/Glenn W. Dishong, Utility Director
W Forwarded from the Georgetown Utility System Advisory Board (GUS):
Consideration and possible action to award the bid for two substation
transformers to Virginia Transformer Corp., of Roanoke, Virginia in the amount
of $1,304,556.00 -- Jimmy Sikes, T&D Services Manager and Glenn W. Dishong, Utility
Director
ALL ITEMS PASSED
City of Georgetown, Texas
SUBJECT:
Industry Updates
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Review and possible action to approve the minutes from the regular GUS Board meeting held on April 11,
2014. - Sheila K. Mitchell, GUS Board Liaison
ITEM SUMMARY:
Board to review, revise and/or approve the minutes from the regular meeting held on April 11, 2014.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Sheila K. Mitchell/GUS Board Liaison
ATTACHMENTS:
Description Type
April 11, 2014 Draft Minutes Backup Material
Minutes of the Meeting of the
Georgetown Utility Systems Advisory Board and the
Governing Body of the City of Georgetown, Texas
April 11, 2014 at 2:00PM
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, Robert Kostka – Vice Chair, Patty Eason, Bill
Stump, Ed Pastor, Joyce Mapes, John Hesser
Board Members Absent: none
Staff Present: Glenn Dishong, Mike Babin, Wesley Wright, Michael Hallmark, Jimmy Sikes,
Chris Foster, Micki Rundell, Paul Elkins, Trina Bickford, Leticia Zavala, Mike Peters, Sheila
Mitchell
Others Present: Tom Groll/Tom Groll Engineering, Jim Clarno/citizen, David Singleton (joined
at 2:10PM)
Regular Session
A. Call to Order by Chair at 2:00PM
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
Tom Groll/Tom Groll Engineering – Engineer on Westinghouse Road interceptor
C. Discussion regarding the Project Progress Report, timelines including projects and Council Actions. –
Michael Hallmark, Project Manager
Discussion: Information included in packets. Work will start beginning of May on Tin Barn
Alley. All items passed Council.
D. Industry Updates
Discussion: Babin noted agreement reached with LCRA on case settlement. City Council has
approved to move forward with final agreement, which will come back to Council for approval.
Dishong noted TCEQ made final determination on consolidation application. Application will
now move to the State Office of Administrative Hearings. We are awaiting final timeline; process
will take longer than originally anticipated.
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
March 14, 2014. – Sheila K. Mitchell, GUS Board Liaison
Discussion: Correction by Kostka, item I. Palace (revise to capital “P”). Mitchell will revise as
noted. Motion by Kostka, second by Eason to approve the minutes from the Regular GUS Board
meeting held on March 14, 2014, with noted correction. Approved 7-0-0
F. Consideration and possible recommendation to amend Task Order MS-14-001 with M&S
Engineering, LLC in the amount of $30,000.00 for a total of $75,000.00. – Jimmy Sikes, T&D
Services Manager
Discussion: Sikes provided board with copy of Amendment No. 1 to Task Order
(instead of original Task Order provided in packets); noted work is for updates of
relaying schemes at substations. Need additional funds to continue work and funds are
available in the budget. Kostka asked about anticipation of work for next year and Sikes
noted they worked faster than anticipated, therefore we are asking them to continue on
remainder of substations. Motion by Stump, seconded by Hesser to amend Task Order
MS-14-001 with M&S Engineering, LLC in the amount of $30,000.00 for a total of
$75,000.00. Approved 7-0-0
G. Consideration and possible recommendation to award the bid for two substation
transformers to Virginia Transformer Corp., of Roanoke, Virginia in the amount of
$1,304,556.00.- Jimmy Sikes, T&D Services Manager
Discussion: Sikes stated bids were taken for addition of transformers at Rivery and East
substations. Rivery is replacement of LCRA transformer being removed; East is a new
transformer. Both transformers are for load and reliability. Nine bids received with
Virginia Transformer as low bidder. Dishong noted local supplier bid received from
Texas Electric Cooperative, however even with 5% local preference, they did not end up
being competitive with low bid. Stump asked if Virginia Transformer is manufacturer
and Sikes responded their transformers are built in Virginia. Motion by Kostka,
seconded by Mapes to award the bid for two substation transformers to Virginia
Transformer Corp., of Roanoke, Virginia in the amount of $1,304,556.00. Approved 7-0-0
H. Consideration and possible recommendation to approve an offsite Utility Construction and
Cost Reimbursement Agreement for Westinghouse Road. – Glenn W. Dishong, Utility
Director
Discussion: Dishong provided information to board with a copy of the draft agreement
and gave explanation of development and the location. The development strategy for
this project is more of a ‘build it and they will come’, which is not typical of city projects.
City management encouraged staff to find a way to get infrastructure in the ground. In
this situation, developers are going to fund the project through escrow of funds and bid
will go through proper city bidding procedures. The developer will manage the project
to get it built. Once built, the city will reimburse the developer over a ten year period
based on connection requirements. There are performance requirements for developers
with timelines. There is a potential creation of a TIRZ for the area, which would be the
mechanism to repay the wastewater facility. Rundell explained definition of a TIRZ (Tax
Increment Reinvestment Zone) and how it works. Kostka asked and Rundell stated City
currently has three TIRZ; Downtown, Gateway and Rivery TIRZ. Dishong further stated
agreement is still in draft form; current agreement does not rely on a TIRZ being created
but if it is created then it works together with a TIRZ. Dishong further noted a regional
lift station to be built on south side of Westinghouse Road, if agreement happens.
Dishong noted cost estimates will have to be bid out, however provided some
anticipated costs. Rundell and Foster noted funds are available with no anticipated
increase of rates. Further discussion and questions. Rundell noted a lot of opportunity
for return on investment of this project since area falls within our water, wastewater and
electric service territory. Dishong introduced Singleton, representative of development
group for the project. Yaeger clarified agreement is subject to additional tweaking.
Dishong asked for board recommendation to forward to Council for approval. Stump
asked if area was residential Dishong/Rundell explained it is mixed use (residential,
multi-family, commercial). Yaeger asked size of project area. Rundell stated
approximately 600 acres and abuts to where new Bass Pro is coming in. Stump asked
and Dishong explained boundary lines of TIRZ. Board asked for map of location and
Wright accessed map for board to review. Stump asked and Rundell explained this TIRZ
has not been created yet; working with Planning for zoning, etc. Expect to be done in
next 60-90 days. Dishong/Wright explained area of project on map. Stump asked and
Rundell/Dishong explained the estimated valuation is $573,000,000 of return over the 10
years; there is also transportation benefits in this project so city is talking with county in
hopes to partner with them. Pastor asked and Rundell spoke about zoning requirements
and possible changes before TIRZ is established. Mapes asked for a future agenda item
to further discuss TIRZ; Rundell will bring back to board at next meeting. Yaeger asked
and Dishong stated a recommendation is needed from GUS board for staff to continue
negotiations and move a final agreement forward to City Council for approval. Pastor
asked and Dishong reviewed pros and cons of agreement with developer for
construction of interceptor; additional pros and cons of city building lift station. Eason
spoke of city’s concerns to be pro-active in when and how development is happening, as
area has a high potential for growth. Motion by Pastor, seconded by Hesser for staff to
continue negotiations and finalize an agreement for recommendation to Council for the
approval of an offsite Utility Construction and Cost Reimbursement Agreement for
Westinghouse Road. Approved 7-0-0
I. Presentation and possible discussion regarding the Customer Care Initiative and the
Customer Information System (CIS) software opportunities. – Leticia Zavala, Customer Care
Manager/Micki Rundell, Chief Financial Officer
Discussion: Zavala and Rundell teamed up to give PowerPoint presentation to the
board. Zavala stated they are looking at procuring a new CIS system. Mapes asked and
Zavala explained the number Customer service representatives and how many
customers city has in addition to managing the Chisholm Trail Customer billings.
Zavala explained Customer Care Initiatives (CCI) details and history of system, noting
changes needed to better service and build relationships with customers. Rundell spoke
on history of current Customer Information Systems (CIS) program, need for
replacement of InCode program, Request for Proposal (RFP) process in 2009 and process
taken to narrow selection of finalists. However, the end result determined the market
did not offer a solution for the City’s long term customer software needs, which brings
us to our current search for a new system. Eason noted timeline for implementation
seems lengthy and Rundell noted market wasn’t ready when this first started but now
there are products available to provide an integrated solution. Dishong commented on
process we’ve taken to reach this information and prepare for new program. The new
program will also integrate with the city’s recent Enterprise Asset Management System
being developed. The program could also offer the opportunity to provide services to
other utilities. Mapes asked and Zavala explained training for new program. Peters
commented on contract procedures the IT department will negotiate and costs for
implementation, etc. Kostka asked and Rundell/Dishong explained costs saving benefits
for changing systems. Mapes/Pastor asked and Peters answered questions regarding
performance of vendor. Hesser asked for additional matrix of costs and Rundell stated
information to be presented at future meeting as details are developed. Staff will
continue to research product and refine costs, will attend an informational conference,
conduct site visits and reference checks. Rundell noted GGAF and Council will see this
presentation as information is gathered and then will be brought back to GUS board in
the fall for final approval, with plans of implementation in January 2015.
No action required at this time.
Eason stepped out at 3:27PM; returned at 3:30PM. Bickford departed meeting at 3:27PM.
J. Discussion and presentation of the draft 2014-2015 Capital Improvement Plan. -- Wesley
Wright, P.E., Systems Engineering Director
Discussion: Wright handed out copies of draft Capital Improvement Plan (CIP) for
board to review. This item will be brought back in May for board recommendation to
Council. Goes to Council in late May or June. Wright reviewed CIP, pointing out various
planned projects. Wright gave explanation of EARZ (Edwards Aquifer Recharge Zone)
requirements for benefit of new board members and continued with review of report.
Wright noted Electric projects will be discussed in Executive Session due to confidential
matters. Reminded board the proposed CIP will be brought back in May for final review
and recommendation of approval to Council. No action required at this time.
Motion by Pastor, seconded by Hesser to enter into Executive Session for discussion and
presentation of item ‘L’. Approved 7-0-0
Dishong stepped out at 3:39PM; returned at 3:48PM
K. Executive Session Called to order at 3:40PM
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 Completive Matters
Discussion and presentation of the draft 2014-2015 Electrical Capital Improvement Plan.
-- Wesley Wright, P.E., Systems Engineering Director
Return to Regular Legislative Session at 3:55PM
Motion by Eason, seconded by Hesser to return to Regular Legislative Session. Approved 7-0-0
L. Action from Executive Session
None.
Adjournment
Motion by Pastor, seconded by Mapes to adjourn meeting. Approved 7-0-0. Adjourned at
3:56PM
_____________________________ _______________________________
Arthur Yaeger – Board Chair John Hesser -- Secretary
_________________________________
Sheila K. Mitchell, GUS Board Liaison
City of Georgetown, Texas
SUBJECT:
Consideration and possible recommendation to allow the proposed Beth N. Davis Subdivision the use of
an onsite sewer system (septic system) in lieu of a public wastewater system according to Section
13.06.030A.4 of the City's Unified Development Code. Submitted by Andrew Spurgin, Planning Director
and David Munk, Utility Engineer
ITEM SUMMARY:
The City's Unified Development Code (UDC) requires that a subdivider extend a public wastewater
collection system to the subdivision property if existing wastewater lines are within 1/2 mile from the
subdivision boundary. The UDC also allows a subdivider to request the use of an onsite sewer system
(septic system) if a public wastewater collection system extension is, on a cost-benefit basis, prohibitive
as compared to an onsite sewer system. An 8 inch wastewater extension to the Davis Subdivision would
extend east in an easement along the south side of SH29 approximately 2150 feet from the wastewater
line in Water Oak Parkway to the proposed subdivision and then an additional 1100 feet to the east corner
of the proposed Davis subdivision at an estimated cost of $586,825.
Given that this a 2 lot subdivision, staff supports the applicants request to allow the Subdivision without
the extension of the public wastewater system, if the subdivider constructs the onsite sewer system (septic
system) on each lot to allow for future connection to the public wastewater collection system (when
available) and if the subdivider adds note to the plat committing to make the future connections. In recent
annexations, the City has bared the cost to extend wastewater to commercial development when we annex
them. With these commitments, the City will not be obligated to extend wastewater to this commercial
subdivision when annexed and the aquifer would have the minimum necessary protections. Also, with
these commitments, the wastewater infrastructure intended to serve this area would not be stranded
because the subject subdivision would ultimately connect to the infrastructure.
STAFF RECOMMENDATIONS
Staff recommends approval of the use of an onsite sewer system (septic system) in lieu of a public
wastewater system for the Beth N. Davis Subdivision.
FINANCIAL IMPACT:
No costs to the system other than loss of revenue opportunity.
SUBMITTED BY:
Andrew Spurgin, Planning Director and David Munk, Utility Engineer
ATTACHMENTS:
Description Type
report Backup Material
cost estimate and location map Backup Material
REPORT
Section 13.06.030 of the City’s Unified Development Code (UDC) requires that a subdivider of property
extend a public wastewater collection system to the subdivision property when the existing wastewater
lines are within ½ mile from the subdivision boundary. This allows the City to minimize onsite septic
systems in our City or Extra Territorial Jurisdiction to protect the environment, lakes and streams and it
maximizes the use of existing wastewater infrastructure. Also, extension of wastewater lines during
platting creates a logical system of wastewater lines to create continuity of improvements for the
development of adjacent properties. Section 13.06.030.A.4 states that the City may allow a subdivider
to attempt to demonstrate that the installation of a public wastewater collection system is, on per unit,
cost-benefit basis, not technically feasible and cost prohibitive as compared to an onsite sewer system
(septic system). The UDC also states that the Georgetown Utility System Advisory Board shall consider
the subdivider’s analysis and make a recommendation with regard to being cost prohibitive with final
determination by City Council.
In this case the estimated cost of $586,825 does not seem reasonable for a small 2 lot commercial
subdivision where the owner is proposing a low use wastewater development for the lots. Also, the
wastewater extension as proposed will require that the subdivider obtain easements to stay out of SH29
right of way and the property owners along the route may not allow the easements.
Typically commercial projects located outside of the City must request annexation to obtain municipal
wastewater service. Granting of this request not only would authorize use of the onsite sewer but
would also allow the property to remain outside the City and develop without typical UDC standards
checked through the site plan process, such as landscaping, building materials and lighting. Also without
zoning the uses on the land will not by limited by city ordinances. This location is indicated in the 2030
Comprehensive Land Use Plan for Mixed Use Neighborhood Center; without zoning the future
development of the property may not fulfill the intent of the 2030 land use plan. Due to the location
approximately 1,000 feet west from the current City Limits, with intervening properties owned by
others, staff understands that annexation of the subject property may not be feasible at this time.
City of Georgetown, Texas
SUBJECT:
Consideration and possible recommendation for the approval of an Offsite Utility Agreement for the
Queens Tract with Pulte Homes of Texas, LP. -- Wesley Wright, P.E., Systems Engineering Director
ITEM SUMMARY:
Pulte Homes of Texas is under contract to purchase the Queens Tract and intends to expand the Sun City
Development. The Queens Tract is approximately 400 acres at the southeast corner of Sun City Blvd and
Hwy 195.
In order to secure financing for the project, Pulte must have committed utilities to the site. Water is
readily available upon extension of existing facilities by Pulte. Permanent sewer is not currently available
to the site. However, the existing system can accept wastewater flow from the Queens Tract on an interim
basis. Three options exist that could ultimately provide permanent sewer capacity to the Queens Tract.
The first option consists of constructing a parallel force main out of the Sun City Lift Station as well as a
large diameter gravity diversion line along Sinuso Drive. This option is estimated to cost $2 million and is
NOT included on the City's Wastewater Master Plan. Additionally, it will offer a long-term, but
temporary solution.
The second option consists of constructing a small diameter gravity line along Berry Creek and
transporting flow to the Berry Creek Wastewater Treatment Plan. This option also is estimated to cost $2
million but will not offer a permanent solution.
The third option to serve the Queens Tract is construction of the Berry Creek Interceptor, which is
included in the City's Wastewater Master Plan. The Berry Creek Interceptor is a proposed large diameter
gravity main that will ultimately connect the Sun City Lift Station to the Pecan Branch Wastewater
Treatment Plant, and is expected to be a 10+ year project costing an estimated $25 million..
The developer has agreed to contribute $2 million through a capital assessment of $5,000 per lot for the
first 400 lots. This capital assessment is in addition to standard impact and connections fees. Furthermore,
Pulte has agreed that the City may use those funds for any wastewater project the city deems necessary to
serve the development. Additionally, Pulte has agreed to post fiscal surety in the amount of $2 million to
guarantee their performance.
Participation in this agreement will allow both the Queens Tract and Madison to develop with unrestricted
wastewater sewer. The agreement will also provide additional capital that could potentially be leveraged
to initiate and offset $2 million of expense for the Berry Creek Interceptor - a Council priority for
promoting continued growth in the area.
STAFF RECOMMENDATION:
Staff recommends that the GUS Board recommend approval of the Queens Tract Utility Agreement by the
City Council.
FINANCIAL IMPACT:
There is no direct financial impact to the city.
SUBMITTED BY:
Wesley Wright, P.E.
ATTACHMENTS:
Description Type
Queens Utility Agreement Backup Material
Sinuso Exhibit Backup Material
Service Options Backup Material
1
STATE OF TEXAS § OFFSITE UTILITY CONSTRUCTION
§ AGREEMENT FOR THE
§ QUEENS TRACT
COUNTY OF WILLIAMSON § WASTEWATER IMPROVEMENTS
The parties to this Offsite Utility Construction Agreement for the Queens Tract
Wastewater Improvements (the "Agreement") are the CITY OF GEORGETOWN, a Texas
Home Rule Municipal Corporation (the “City”), and PULTE HOMES OF TEXAS, L.P., a
Texas limited partnership (the “Developer”).
Recitals
WHEREAS, the Developer has identified the Queens Tract (herein so called), as
shown in Exhibit A, as a priority development area where the construction of offsite
wastewater infrastructure will facilitate desirable development. Developer intends to
purchase the portion of the Queens Tract described on Exhibit B for use as a residential
development (the “Residential Tract”) and the remainder of the Queens Tract described
on Exhibit C (the “Commercial Tract”) shall be retained by MMSG and LDJ for
commercial development ; and
WHEREAS, the Queens Tract is within the City’s certificated water service area;
and
WHEREAS, the the City is has pressure and flow available to provide water
required to serve the proposed Queens Tract; and
WHEREAS, the City’s Unified Development Code (“Code”) requires that the
Developer extend wastewater lines that satisfy the City’s current Wastewater Master
Plan (herein so called) and the wastewater needs for the Queens Tract; and
WHEREAS, the City’s Wastewater Master Plan contemplates construction and
installation of a wastewater gravity collection main of various diameters, the entire
length of which is referred to herein as the “Berry Creek Interceptor”; and
WHEREAS, the cost of the Berry Creek Interceptor is prohibitive to the
development of the Queens Tract alone; and
WHEREAS, the existing offsite wastewater infrastructure is not adequate to serve
the proposed ultimate development of the Queens Tract if such offsite wastewater
infrastructure is also needed to serve other property; and
2
WHEREAS, the existing offsite infrastructure is adequate to temporarily serve a
portion of the wastewater needs of the proposed Queens Tract; and
WHEREAS, the City Council entered into a Development Agreement with
Madison at Georgetown, adopted by Ordinance 2008-09 and recorded in the Williamson
County Public Records at Document No. 2009028761 (the “Madison Development
Agreement”), requiring construction of certain Off-site Interceptor Improvements for
development of the Madison Tract, more particularly described on Exhibit D attached
hereto; and
WHEREAS, the proposed Berry Creek Interceptor, when constructed, will be
capable of serving the entirety of the wastewater needs of the Queens Tract and the
Madison Tract as it is proposed to be developed by the Developer; and
WHEREAS, the proposed Berry Creek Interceptor is not currently considered
within the City's 5-year Capital Improvement Plan; and
WHEREAS, certain other temporary options exist (“Temporary Service
Options”) capable of providing wastewater service to (a) the entire Queens Tract, and
(b) the Madison Tract, which Temporary Service Options are more particularly
described on Exhibit E attached hereto; and
WHEREAS, Temporary Service Options are not currently contemplated in the
City’s Wastewater Master Plan, the City’s 5-year Capital Improvement Plan, or the City’s
current impact fee structure; and
WHEREAS, the City desires flexibility in the means by which permanent
wastewater service is provided to the Queens Tract and the Madison Tract and
surrounding areas; and
WHEREAS, the Developer desires that (a) 725 LUEs of unrestricted wastewater
service be provided for its proposed development of the Residential Tract, (b) 920 LUEs
of unrestricted wastewater service be provided for the proposed development of the
Madison Tract, and (c) 130 LUEs of unrestricted wastewater service be provided for the
proposed development of the Commercial Tract; and
WHEREAS, after considering the factors set forth in Section 13.10 of the City Code
of Ordinances and 13.09 of the City Unified Development Code, the City Council finds
and determines that it would be appropriate to accept the terms of this Agreement; and
3
WHEREAS, the parties are entering into this Agreement to more particularly set
forth the rights and obligations of the parties with respect to the design , construction and
payment for the Temporary Service Options; and
WHEREAS, this Agreement is necessary to protect the health, safety, and general
welfare of the community and to limit the harmful effects of substandard subdivisions;
to facilitate the Developer’s development of the Queens Tract and satisfy the
infrastructure improvements regarding wastewater to service the Queens Tract and the
Madison Tract; and to protect the City from bearing any unnecessary expense of
constructing or completing subdivision improvements; and
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 Georgetow n Utility
Systems.
NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and the
mutual covenants, promises, and obligations by the parties set forth in this Agreement,
the parties agree as follows:
Design and Construction of the Offsite Wastewater Improvements
1. In accordance with the terms of this Agreement, when Developer provides Fiscal
Surety as required in Section 4 below, the City agrees to:
a. Immediately provide unrestricted, permanent wastewater system capacity to
meet the wastewater requirements of the Developer, including:
i. Up to 725 LUEs for the Queens Tract; and
ii. Up to 920 LUEs for the Madison Tract; and
iii. Up to 130 LUEs for the Commercial Tract.
b. Plan, design, construct and operate, as necessary, all Temporary Service
Options and any other offsite wastewater system improvements necessary to
provide the wastewater service commitments noted in Section 1(a), with the
exception of offsite wastewater improvements to be completed by the
Developer in accordance with Section 2b. below.
4
c. Obtain all offsite right-of-way and easements necessary to meet the obligations
of this Agreement, with the exception of offsite wastewater improvements to
be completed by the Developer in accordance with Section 2b. below.
2. In accordance with the terms of this Agreement, the Developer agrees to:
a. Construct all on-site water and wastewater infrastructure necessary to serve up
to 725 single-family residential units (“Units”) within the Queens Tract.
b. Construct offsite wastewater improvements required to deliver effluent from
the Queens Tract to the existing Sun City Lift Station.
c. Post the Fiscal Surety to secure the cost for Temporary Service Options as
provided in Section 4 below.
d. Pay a special capital assessment of $5,000.00 per Unit, in addition to impact and
connect fees, for the first 400 Units final platted within the Residential Tract.
e. Obtain all easements (the “Easements”) necessary for the City or the Developer
to perform its work under this Agreement. In this regard, the Developer shall
use good faith efforts to secure the Easements at the sole cost and expense of
the Developer. However, if the Developer is unable to secure the Easements
in a timely manner and at a reasonable cost to the Developer, as determined
by the Developer, the Developer may send written notice requesting the
assistance of the City in securing the Easements. Within thirty (30) days of
receipt of such written notice from the Developer, the City shall provide a
preliminary written estimate to the Developer of the projected costs and
expenses related to the City's acquisition of the Easements. In such event, the
Developer shall pay to the City the amount of such estimate within thirty (30)
days after receipt of said written estimate. The Developer shall pay all costs
and expenses incurred by the City relating to the acquisition of the Easements
including, without limitation, costs of negotiating easements with land
owners, preparation of easement instruments and surveys, payment of a
negotiated sum for the purchase of the Easements, and condemnation costs
incurred by the City, including any litigation related thereto and the
reasonable legal fees, witness costs and court costs incurred by the City in
connection with such litigation. In the event the actual costs of obtaini ng the
Easements exceed the original estimate provided by the City, the Developer
5
shall provide payment of the additional amounts within fifteen (15) days of
receipt of a written request for payment from the City. In the event the actual
costs of acquiring the Easements are less than the City's original estimate, the
City shall promptly refund any excess amounts previously deposited by the
Developer with the City to the Developer. The Developer agrees that the City
will not authorize its consultants to acquire any Easements until the foregoing
payments are received in full. Failure by the Developer to timely pay any
invoice in full as provided herein shall constitute a material breach of this
Agreement, in which event the City may cease all efforts to acq uire the
Easements and terminate this Agreement.
Capital Assessment
3. The City and the Developer agree that construction costs for Temporary Service
Options are estimated at $2,000,000.00. As provided in Section 2 above, the
Developer will pay a capital assessment of $5,000.00 per Unit, in addition to
impact and connect fees in place at the time of final platting of such Unit, for the
first 400 Units final platted in the Residential Tract. Each Unit in excess of 400 will
not be charged a special capital assessment; however will remain subject to
impact and connect fees current at the time of final plat of such Unit(s). All fees
will be due as a condition of Building Permit issuance for such Unit(s).
Fiscal Surety
4. Within 120 days after the date the Developer acquires title to any portion of the
Residential Tract, the Developer will provide fiscal surety to the City in the form
of performance bond or letter of credit in the amount of $2,000,000.00 to secure
the Developer's obligations hereunder (the “Fiscal Surety”). The Developer will
be entitled to reduction of the Fiscal Surety amount by the amount of capital
assessments the Developer pays the City pursuant to this Agreement. If the City
is required to construct temporary or permanent wastewater improvements to
service the Queens Tract and/or the Madison Tract prior to the Developer's
payment of $2,000,000.00 in capital assessments, the City may draw on the Fiscal
Surety. The Developer shall have the right to replace the Fiscal Surety or balance
of the Fiscal Surety, with cash at any time. The Developer shall provide Fiscal
Surety until the Developer has paid the City $2,000,000.00 in capital assessments.
If the City draws on the Fiscal Surety to fund the Temporary Service Options, the
Developer shall receive a credit against the capital assessments..
6
Default and Termination
5. The Developer shall be in default under this Agreement if one or more of the
following events occurs and is not cured within fifteen (15) business days of
receipt of written notice of default from the City (an “Event of Default by
Developer”).
a. It is an Event of Default by the Developer if the Developer fails to provide the
Fiscal Surety per the terms of Section 4. If this Event of Default by Developer
occurs then this Agreement shall terminate and no guarantee of wastewater
service will be provided to the Queens Tract.
b. It is an Event of Default by the Developer if the Developer fails to pay capital
assessments per the terms of Sections 2 and 3 above. If this Event of Default
by the Developer occurs, then the City, at its option, may terminate this
Agreement and no guarantee of wastewater service will be provided to the
Queens Tract.
6. The City shall be in default under this Agreement if City denies wastewater
service per the terms on Section 1a.
Ownership of Facilities
7. The City shall own, operate and maintain all wastewater facilities and capacities
of said facilities contemplated in this Agreement.
The Madison Development Agreement
8. If Developer performs the obligations in Section 2 of this Agreement, the
obligations to construct Off-Site Interceptor Improvements contained in Section
11.5 of the Madison Development Agreement will be satisfied and the Madison
Development Agreement will be amended accordingly. If Developer defaults
under this Agreement the Madison Development Agreement will remain in full
force and effect in accordance with its original terms.
7
General Provisions
9. Remedies. The remedies available under this Agreement and the laws of Texas
are cumulative in nature.
10. Third Party Rights. No person or entity who or which is not a party to this
Agreement shall have any right of action under this Agreement, nor shall any
such person or entity other than the City (including, without limitation, a trustee
in bankruptcy) have any interest in or claim to the Fiscal Surety.
11. No Waiver. No waiver of any provision of this Agreement will be deemed or
constitute a waiver of any other provision, nor will it be deemed or co nstitute a
continuing waiver unless expressly provided for by a written amendment to this
Agreement; nor will the waiver of any default under this Agreement be deemed a
waiver of any subsequent defaults of the same type. The failure at any time to
enforce this Agreement or covenant by the City, the Developer or their respective
heirs, successors or assigns, whether any violations thereof are known or not,
shall not constitute a waiver or estoppels of the right to do so.
12. Assignability. Except as otherwise provided herein, this Agreement is binding
upon the Developer and the City, and their respective successors and permitted
assigns. The Developer's and the City's obligations under this Agreement may
not be assigned without the express written approval of the other party.
13. Notice. Any notice required or permitted by this Agreement is effective when
personally delivered in writing or when notice is deposited with the U.S. Postal
Service, postage prepaid, certified with return receipt requested, and addressed
as follows. Any notice by the City to Developer shall include a copy to FWD, as
noted below:
If to Developer: Pulte Homes of Texas, L.P.
9401 Amberglen Blvd., Building I, Suite 150
Austin, Texas 78729
Attention: Brent Baker
Telephone: (512) 532-3358
Facsimile: (512) 795-0863
Email: brent.baker@pultegroup.com
8
and
Pulte Homes of Texas, L.P.
4800 Regent Blvd., Suite 100
Irving, Texas 75063
Attention: Scott V. Williams, Area General Counsel
Telephone: (972) 462-3434
Facsimile: (972) 767-5614
Email: scott.williams@pultegroup.com
with copies to: Bellinger & Suberg, L.L.P.
10,000 North Central Expressway, Suite 900
Dallas, Texas 75231
Attention: Walter A. Suberg
Telephone: (214) 954-9540
Facsimile: (214) 954-9541
Email: wsuberg@bd-law.com
and
FWD Property Investors L.P.
c/o Madison Realty Investors, Inc.
6116 Central Expressway #510
Dallas, Texas 75206
Attention: Robert Teeter
Telephone: (214) 739-2442
Facsimile: (214) 739-6336
Email: rteeter@madisongp.net
and
McLean & Howard, LLP
901 S. Mopac Expressway
Building 2, Suite 224
Austin, Texas 78746
Attention: William P. McLean
Telephone: (512) 328-2008
Facsimile: (512) 328-2409
Email: bmclean@mcleanhowardlaw.com
9
If to City: City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
14. Change of Address for Notice. The parties may, from time to time, change their
respective addresses listed above to any other location in the United States for the
purpose of notice under this Agreement. A party's change of address shall be
effective when notice of the change is provided to the other party in accordance
with the provisions of Section 13, above.
15. Severability. If any part, term or provision of this Agreement is held by the courts
to be illegal, invalid or otherwise unenforceable, such illegality, invalidity or
unenforceability shall not affect the validity of any other party, term or provision,
and the rights of the parties will be construed as if the part, term or provision was
never part of this Agreement.
16. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil
action commenced by any party to this Agreement will be deemed to be proper
only if such action is commenced in District Court of Williamson County, Texas,
or the United States District Court for the Western Distr ict of Texas, Austin
Division.
17. Captions Immaterial. The numbering, order and captions or headings of the
sections of this Agreement are for convenience only and shall not be considered in
construing this Agreement.
18. Entire Agreement. This Agreement contains the entire agreement between the
parties and correctly sets forth the rights, duties, and obligations of each to the
other as of the Effective Date. Any oral representations or modifications
concerning this Agreement shall be of no force or effect excepting a subsequent
written modification executed by both parties.
19. Binding Agreement. The execution and delivery of this Agreement and the
performance of the transactions contemplated thereby have been duly authorized
by all necessary corporate and governmental action of the City and the
Developer. This Agreement, when duly executed and delivered by each party,
10
constitutes a legal, valid and binding obligation of each party enforceable in
accordance with the terms as of the Effective Date hereof.
20. Recording. The parties agree that this Agreement may be recorded in the Real
Property Records of Williamson County, Texas, at the expense of the Developer.
21. Further Assurances. The City and the Developer agree to take such actions and
execute and deliver such documents as may be reasonably necessary or
appropriate to effect the provisions of this Agreement.
22. Effective Date. This Agreement will be effective on the latest date accompanying
the signature lines below (the “Effective Date”).
[THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
11
EXECUTED by the parties on the dates indicated below:
CITYOF GEORGETOWN, TEXAS
(“CITY”)
By:
Printed Name:
Title:
Date:
PULTE:
PULTE HOMES OF TEXAS, L.P.,
a Texas limited partnership
By: Pulte Nevada I LLC,
a Delaware limited liability company,
its General Partner
By: _________________________
Name: _________________________
Title: _________________________
Approved as to Form:
Bridget Chapman, City Attorney
12
EXHIBIT A
PROPOSED QUEENS TRACT
13
EXHIBIT B
MADISON TRACT
14
EXHIBIT C
COMMERCIAL TRACT
15
EXHIBIT D
TEMPORARY SERVICE OPTIONS
16
EXHIBIT E
SINUSO PROJECT
"
"
#V
#V
BERRY CREEK WWTP
PECAN BRANCH WWTP
SUN CITY LS
BERRY CREEK LS
EXHIBIT D - SINUSO DIVERSION
E021
Miles
QUEENS
TRACT
SUN
CITY
AIRPORT
#
Legend
Option 1 (temporary)
Option 2 (temporary)
Option 3 (Berry Creek Interceptor)
"Existing WWTP
#V Existing Lift Station
Existing Interceptor
Future Berry Creek Interceptor
MADISON
PECAN BRANCH
INTERCEPTOR
FUTURE
BERRY CREEK
INTERCEPTOR
BERRY CREEK
INTERCEPTOR
SINUSO
DIVERSION
#Future Lift Station
"
"
#V
#V
BERRY CREEK WWTP
PECAN BRANCH WWTP
SUN CITY LS
BERRY CREEK LS
EXHIBIT E - SERVICE OPTIONS
E021
Miles
QUEENS
TRACT
SUN
CITY
AIRPORT
#
Legend
Option 1 (temporary)
Option 2 (temporary)
Option 3 (Berry Creek Interceptor)
"Existing WWTP
#V Existing Lift Station
Existing Interceptor
Future Berry Creek Interceptor
MADISON
PECAN BRANCH
INTERCEPTOR
FUTURE
BERRY CREEK
INTERCEPTOR
BERRY CREEK
INTERCEPTOR
(OPTION 3)
OPTION 1
OPTION 2
#Future Lift Station
City of Georgetown, Texas
SUBJECT:
Presentation and possible recommendation of the proposed 2014-2015 Georgetown Utility Systems
Capital Improvement Plan -- Wesley Wright, P.E., Systems Engineering Director
ITEM SUMMARY:
Board to receive presentation on the proposed 2014-2015 Georgetown Utility Systems Water,
Wastewater, Electric Capital Improvement Plans.
STAFF RECOMMENDATION:
Staff recommends approval of the Georgetown Utility Systems Capital Improvement Plan.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Wesley Wright, P.E., Systems Engineering Director
City of Georgetown, Texas
SUBJECT:
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
-- Presentation and possible recommendation of the proposed 2014-2015 Electric Capital Improvement
Plan -- Wesley Wright, P.E., Systems Engineering Director
ITEM SUMMARY:
Board to receive presentation on the proposed 2014-2015 Georgetown Utility Systems Electric Capital
Improvement Plans.
STAFF RECOMMENDATION:
Staff recommends approval of the Georgetown Utility Systems Capital Improvement Plan.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Wesley Wright, P.E., Systems Engineering Director
City of Georgetown, Texas
SUBJECT:
Action from Executive Session
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY: