HomeMy WebLinkAboutAgenda CC 12.20.2013 SpecialNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
DECEMBER 20, 2013
The Georgetown City Council will meet on DECEMBER 20, 2013 at 5:00 P.M. at the Council Chambers,
101 E. 7th St., 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
Secretary's Office, least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at
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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 – A Special Meeting of the City Council
B Consideration and possible action to approve the Second Amended Memorandum of Understanding
for The Summit at Rivery Park Project to extend the termination date from December 31, 2013 to
January 31, 2014 -- Bridget Chapman, City Attorney
C Consideration and possible action to approve a Resolution adopting a Water Quality Management
Plan -- Paul E. Brandenburg, City Manager
D Second Reading of an Ordinance establishing regulations intended to protect the spring
formations and stream habitats of the Georgetown Salamander and specifically regulating certain
activities in the recharge zone of the Edwards Aquifer within the City and extraterritorial jurisdiction
including an Adaptive Management Working Group to consider variances to this ordinance -- Paul
E. Brandenburg, City Manager (action required)
E Second Reading of an Ordinance establishing the classifications and number of positions
(Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to
Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- John Sullivan, Fire
Chief (action required)
F Consideration and possible action to approve a Memorandum of Understanding with Georgetown
Independent School District for a one (1) year Fire-Fighter Pilot Program in collaboration with the
Georgetown Fire Department -- John Sullivan, Fire Chief
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 _________________, 2013, 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
December 20, 2013
SUBJECT:
Call to Order – A Special Meeting of the City Council
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # A
City of Georgetown, Texas
December 20, 2013
SUBJECT:
Consideration and possible action to approve the Second Amended Memorandum of Understanding for
The Summit at Rivery Park Project to extend the termination date from December 31, 2013 to January
31, 2014 -- Bridget Chapman, City Attorney
ITEM SUMMARY:
On May 5, 2013, the City entered into a Memorandum of Understanding (MOU) with Novak Brothers LLC
and Hines Interests Limited Partnership outlining the general parameters for negotiation of definitive
agreements for the development of The Summit at Rivery Park Project. The MOU provides for termination
1) upon the execution of all definitive agreements by all necessary parties; or 2) upon ten (10) days prior
written notice by either party to the other party; or 3) on August 31, 2013, unless extended by mutual written
agreement of the Parties, whichever shall occur first.
The MOU was amended in August 2013 to provide for termination on December 31, 2013. The MOU will
terminate on December 31, 2013 unless the termination date is extended.
Many of the definitive agreements contemplated by the MOU have been negotiated and approved. The
Parties continue to negotiate the remaining definitive agreements in good faith, and anticipate consideration
of those agreements by the City Council at the January 14, 2014 regular meeting. Staff recommends
extension of the MOU termination date to January 31, 2014.
FINANCIAL IMPACT:
None.
SUBMITTED BY:
Bridget Chapman, City Attorney
ATTACHMENTS:
Second Amended MOU
Cover Memo
Item # B
1
SECOND AMENDED MEMORANDUM OF UNDERSTANDING
THIS SECOND AMENDED MEMORANDUM OF UNDERSTANDING
(this “Memorandum”) is entered into by and between the City of Georgetown, a
home-rule municipality located in Williamson County, Texas (the “City”) and
Novak Brothers LLC and Hines Interests Limited Partnership (collectively,
“Developer”). It is intended that, prior to construction of the Hotel, Conference
Center and related Parking Garage (collectively, the "Hotel Project"), an affiliate of
Novak Brothers LLC and an affiliate of Hines Interests Limited Partnership will
form a limited liability company that will own, develop and construct the Hotel
Project.
The City and Developer have engaged in preliminary discussions
concerning a Hotel, Conference Center, related Parking Garage, and Park
Improvements (each herein defined) (collectively, the Hotel, Conference Center,
Parking Garage, and Park Improvements are referred to herein as the “Project”)
in Georgetown, Williamson County, Texas. In general, in exchange for funding
from various public funding sources, the Developer would be required to
construct the Hotel, Conference Center, Parking Garage, and Park Improvements
and related water, wastewater, electric and transportation improvements on land
located in The Summit at Rivery Park and in the City’s Rivery Park.
This Memorandum outlines certain general parameters under which
Developer and the City to aid the parties in the negotiation of several detailed
definitive agreements pertaining to the Project. This Memorandum is not, nor is it
intended to be, an exhaustive or complete discussion of either the terms and
conditions set forth herein or of any prospective definitive agreements pertaining
to the Project but is intended to provide a framework for drafting the necessary
definitive agreements. Subject to the foregoing and the other provisions hereof
regarding the non-binding nature of this Memorandum, the following are certain
general parameters pursuant to which Developer and the City would commence
negotiations concerning the Project:
I. Site; Zoning; Platting; Compliance with City Codes
The Hotel, Conference Center, and Parking Garage would be developed on
an area consisting of Lot 1, Block F, Lot 1, Block E, and a portion of Lot 1, Block G,
of The Summit at Rivery Park Subdivision, Phases 5 and 6, also referred to as
Zone B of “The Summit at Rivery Park” Planned Unit Development District,
located west of IH-35 and north of Rivery Blvd. within the corporate limits of the
Attachment number 1 \nPage 1 of 12
Item # B
2
City of Georgetown, Texas, and further described in Ordinance No. 2012-64 ,
which is also referred to as “Zone “B” of the Planned Unit Development known as
“The Summit at Rivery Park,” located west of IH-35 and north of Rivery Blvd.
within the corporate limits of the City of Georgetown, Texas (the “Development
Site”) and further described in Ordinance No. 2010-31 (the “PUD Ordinance”).
The PUD Ordinance needs to be amended to accommodate the portions of the
Project that are to be constructed on the Development Site and to remove
elements that are no longer part of the Project. The City staff will prepare, or
cause to be prepared, an application to amend the PUD Ordinance (the
“Amended PUD Ordinance”) to allow the development of the Project on the land
that is subject to the PUD Ordinance. Subject to Developer's review and approval
of same and so long as the PUD Ordinance does not include material deviations
from the requirements of the City’s Unified Development Code and other
applicable ordinances or regulations that are not approved by Developer,
Developer will agree to support the Amended PUD Ordinance and to encourage
all landowners within the boundaries of the PUD to support the Amended PUD
Ordinance.
In connection with its development of the Project, Developer agrees to
prepare and submit all applications to the City’s Development Services
department that comply with the City’s Unified Development Code, and the
Amended PUD Ordinance. The Parties’ obligations under any definitive
agreements would be subject to and conditioned upon approval by the City
Council of the Site Plan and amendments to the PUD Ordinance and approval by
the City’s Development Engineer of the construction plans in order to allow for
the operation of the Project at the Development Site.
II. Hotel
Developer has committed to be obligated to construct, fixture and operate
at its sole cost an “elite-level” hotel containing approximately 223 rooms, together
with all ancillary facilities necessary or appropriate for the proper operation
(collectively, the “Hotel”). It is the intent of the Developer for the Hotel to be
located on the Development Site in a location contiguous to but separate from the
Conference Center, with the specific location of the Hotel to be set forth in the Site
Plan and/or Amended PUD Ordinance (the “Hotel Site”). The Hotel would be a
"four-star" hotel according to the rating system devised by the Forbes Travel
Guide or similar national hotel rating system (“Brand Standard”) and be designed
with an architectural style appropriate to the Central Texas Hill Country setting
of the Development Site and consistent with the Amended PUD Ordinance. In
Attachment number 1 \nPage 2 of 12
Item # B
3
addition, the Hotel would be required to be constructed and furnished on a
schedule to be specified and in accordance with design and construction details
and specifications set forth in the definitive agreements which would be
consistent with design and construction standards typical with the Brand
Standard and which would be sufficient to meet the requirements set forth in the
PUD and the Revised TIRZ Plan. Prior to commencing construction of the Hotel,
Developer shall provide the City with substantially final plans and specifications
and seek input from the City with regard to the final design plans to confirm that
the Hotel is consistent with the above-referenced standards. The deadline for
final completion of construction of the Hotel is September 30, 2015.
III. Conference Center
Developer would be obligated to construct a conference center and related
improvements, including all furniture, fixtures and equipment necessary for the
operation thereof (collectively, the “Conference Center”) contiguous to the Hotel
with the specific location of the Conference Center to be set forth in the Site Plan
and/or Amended PUD Ordinance (the “Conference Center Site”). The
Conference Center ballroom will be at least 16,000 square feet and the design and
plans for the Conference Center will be consistent with the same standards as the
Hotel and as set forth in this Memorandum. Prior to commencing construction of
the Conference Center, Developer shall provide the City with substantially final
plans and specifications and seek input from the City with regard to the final
design plans to confirm that the Conference Center is consistent with the
standards set forth herein. Developer would initially pay all costs associated with
the design, construction, fixturing and furnishing of the Conference Center. The
deadline for final completion of construction of the Conference Center is
September 30, 2015. As of the date of this Memorandum, Developer has
represented to the City that the cost to design, construct, and fixture the
Conference Center on the Conference Center Site will be at least $12,500,000.
The Conference Center Site would have to have legal access to a public
road sufficient to accommodate the vehicular traffic expected to be generated by
the Conference Center. Developer would be obligated to comply with the
Amended PUD Ordinance and the City’s Unified Development Code, Code of
Ordinances, and construction standards with respect to the development of the
Conference Center Site including, without limitation, platting the Conference
Center Site and the Hotel site as separate legal lots or otherwise creating a
horizontal condominium regime so that the Conference Center Site and the Hotel
site will be legally separate sites and taxed separately.
Attachment number 1 \nPage 3 of 12
Item # B
4
The Conference Center would be an upscale facility and would be
designed with an architectural style appropriate to the Central Texas Hill Country
setting of the Development Site. The Conference Center would be constructed
and furnished in accordance with design and construction details and
specifications set forth in the definitive agreements (subject to flexibility if
required for the operator of the Conference Center to maintain and operate the
Conference Center in a manner consistent with the standards set forth in this
Memorandum) which would be consistent with design and construction
standards typical for upscale conference facilities. .
The City would retain approval rights over the naming rights for the
Conference Center. The right to derive any associated revenue from the naming
rights would be retained by City, subject, however, to any requirements of the
national operator of the Hotel Project. The City would also retain approval over
all signage and logos placed on the Conference Center and the Conference Center
Site to confirm such signage and logos are in compliance with applicable laws and
ordinances; provided, however, that so long as such signage and logos are in
compliance with applicable laws and ordinances, the City shall not withhold its
approval.
IV. Parking Garage
Developer would be obligated to construct a Parking Garage. The Parking
Garage would be located on the Development Site with the specific location of the
Parking Garage to be set forth in the Site Plan and/or Amended PUD Ordinance
(the “Parking Garage Site”). Developer would be obligated to comply with the
Amended PUD Ordinance and the City’s Unified Development Code, Code of
Ordinances, and construction standards with respect to the development of the
Parking Garage Site. The Parking Garage will be designed with an architectural
style appropriate to the Central Texas Hill Country setting of the Development
Site and consistent with the Amended PUD Ordinance. In addition, the Parking
Garage would be required to be constructed and furnished on a schedule to be
specified and in accordance with design and construction details and
specifications set forth in the definitive agreements which would be consistent
with design and construction standards typical for parking facility to serve the
Hotel and Conference Center. Prior to commencing construction of the Parking
Garage, Developer shall provide the City with substantially final plans and
specifications and seek input from the City with regard to the final design plans to
confirm that the Parking Garage is consistent with the standards set forth herein.
Attachment number 1 \nPage 4 of 12
Item # B
5
The deadline for final completion of construction of the Parking Garage is
September 30, 2015.
V. Park Improvements
Developer (or an affiliate of Novak Brothers) shall construct at its sole cost
and expense certain park improvements in consideration of the City’s agreement
to allow the Developer’s to construct a water quality pond in Rivery Park, as more
specifically provided in the definitive agreements.
VI. Public Infrastructure Improvements; Financing
In order to facilitate construction of the Hotel and Conference Center, the
City would request the Georgetown Enhancement Corporation (GEDCO) (a
“Type A Corporation” under Chapter 504 of the Texas Local Government Code)
and the Georgetown Transportation Enhancement Corporation (GTEC) (a “Type
B Corporation” under Chapter 505 of the Texas Local Government Code) to enter
into performance agreements whereby the Developer would construct the Hotel,
Conference Center and Parking Garage, and the economic development
corporations would provide funds in amounts not to exceed the funds approved
by GEDCO, GTEC and the City Council to enable the construction of eligible
on-site and off-site infrastructure improvements. The definitive agreements
would specify the timetable for the design and construction of the
GEDCO/GTEC-financed infrastructure improvements.
All other costs for Project-related on and off-site public infrastructure
improvements for water, wastewater, streets, drainage and other utilities
necessary for the development and operation of the Project at the Project Site not
funded by GEDCO/GTEC would be paid for by the Developer or the City, as
specifically provided in the definitive agreements. Any and all such
infrastructure and improvements would be required to be planned, designed,
constructed, operated and maintained in accordance with the City’s ordinances
and standards, as well as with all other applicable statutes, rules and regulations.
VII. Tax Increment Reinvestment Zone; Use of Tax Increment for Financing
The Project Site is part of larger area that has been designated as a tax
increment reinvestment zone (the “Zone”) pursuant to Chapter 311 of the Texas
Tax Code by Ordinance No. 2007-91, as amended by Ordinance No. 2008-63
(collectively, the “TIRZ Ordinance). The City staff will prepare an amended
Project Plan and Reinvestment Zone Financing Plan (the “Revised TIRZ Plan”) to
Attachment number 1 \nPage 5 of 12
Item # B
6
describe the Project, restore the 8.33 acres previously removed from the Zone into
the Zone, and extend the term of the Zone until 2041, and Developer agrees to
assist the City staff by providing information requested to prepare the Revised
TIRZ Plan. The Revised TIRZ Plan will be presented to the Board of Directors of
the Zone and to City Council for approval in accordance with the requirements of
Chapter 311 of the Texas Tax Code. City staff will also draft an amended TIRZ
Ordinance. The Parties’ obligations under any definitive agreements would be
subject to and conditioned upon approval by the Board of Directors of the Zone
and the City Council of the Revised TIRZ Plan and the approval by the City
Council of amendments to the TIRZ Ordinance.
The City and Williamson County are also parties to that certain “Tax
Increment Financing Agreement” dated September 16, 2008, and amended on
May 22, 2010 (collectively, the “TIF Agreement”). The City and Williamson
County are currently in the process of amending the TIF Agreement. The parties
obligations under any definitive agreements would be subject to and conditioned
upon such designation being granted and a “TIF” being approved by the City and
Williamson County for the Project whereby the property tax increments
generated by the City and Williamson County from the Project Site would be
applied to the payment of the indebtedness incurred by the City until such time
as said indebtedness is paid in full. The City would have the right to receive 100%
of the City’s 100% portion of the tax increment revenue from the Zone and 100%
of the County’s 80% portion of the tax increment revenue from the Zone until the
certificates of obligation issued by the City are paid in full. Thereafter, tax
increment revenue from the Zone would be eligible for use on other Project Costs
in the Revised TIRZ Plan, as may be approved from time to time by the Zone
Board.
The City staff will draft agreements between the Board of Directors of the
Zone and the City authorizing the use of the tax increment revenue generated in
the Zone to reimburse the City for issuance of the certificates of obligations. The
Parties’ obligations would be conditioned upon approval by the Zone Board of
Directors and the City Council.
VIII. Joint Use and Access Agreement
The City has determined that it is economically and practically
advantageous for the City to have use, access and easement rights in the
Conference Center and Parking Garage that will run with the land for the
duration of the Zone without incurring capital repairs, insurance, ongoing
Attachment number 1 \nPage 6 of 12
Item # B
7
maintenance, operating and administration costs associated with the Conference
Center and Parking Garage. Subject to the receipt of Attorney General approval
and City Council approval, the City intends to issue taxable certificates of
obligation to fund the purchase of its ownership interest in the Conference Center
and Parking Garage. The Developer shall be initially responsible for
documenting the proposed value of the City’s ownership interest(s), subject to
review and approval of the City’s financial advisors. The value of the City’s
ownership interest will be as determined by the City but must be in an amount at
least equivalent to the amount of certificates of obligation the City issues for the
Conference Center and Parking Garage. It is contemplated that the City and
Developer will enter into a joint use, access and easement agreement evidencing
the City’s ownership interest by granting certain use, access and land (easement)
interests to the City in the Conference Center and Parking Garage and will detail
the Parties’ respective rights and obligations with respect to use of the Conference
Center and Parking Garage (the "Joint Use and Access Agreement"). The
Developer shall submit the Joint Use and Access Agreement to the City for
approval and the Developer and the City shall use good faith efforts to negotiate
the Joint Use and Access Agreement to be consistent with meeting the needs of
the City and the needs of the Developer and the operator of the Hotel Project.
Upon approval, the City will submit the necessary information to the Attorney
General for a determination as to whether or not the City may issue taxable
certificates of obligation to fund the purchase of its ownership interest in the
Conference Center and Parking Garage. If the Attorney General determines that
the City may not issue taxable certificates of obligation based on the financing
structure set forth in this, Memorandum, Developer and the City shall use good
faith efforts to devise another structure that would permit issuance of such
taxable certificates of obligation. If the Attorney General determines that the City
may issue taxable certificates of obligation, subject to approval of the City Council
and the approving opinion of the Attorney General, the City intends to issue
certificates of obligation, and to pay that amount to the Developer upon final
completion of construction, and issuance of certificates of occupancy for, the
Hotel, Conference Center and Parking Garage, and after the valuation of the
Hotel Project has been recognized and certified by the Williamson Central
Appraisal District. As of the date of this Memorandum, it is the parties'
understanding that the City's contribution pursuant to this paragraph would not
exceed $10,000,000. The Attorney General’s determination shall be final and
dispositive as to the issue of whether the City may issue taxable certificates of
obligation as outlined in the Joint Use and Access Agreement and approved by
the City Council.
Attachment number 1 \nPage 7 of 12
Item # B
8
The City's rights under the Joint Use and Access Agreement shall run with
the land for the term of the Zone and shall be prior to any Operating Agreement
such that future owners and operators of the Hotel Site shall be bound by the
terms of the Joint Use and Access Agreement and the City's rights thereunder.
The Joint Use and Access Agreement must provide that the City’s rights cannot be
impaired if there is a default in the financing related to the Project.
IX. Operating Agreement
Developer intends to enter into an Operating Agreement that will cover
the operation of the Hotel, Conference Center and Parking Garage in a unified
fashion. It is Developer's intention that the Operator will be a nationally known
hotel franchisor such as Starwood Hotels and Resorts such that the Hotel,
Conference Center and Parking Garage will be operated as a Sheraton or similar
hotel conforming to the Brand Standard. Developer shall cause the Operating
Agreement to be consistent with the provisions contained in the Joint Use and
Access Agreement such that the City's rights thereunder shall not be materially or
adversely impaired. Developer must provide the City with a copy of the
Operating Agreement and any amendments thereto.
X. Payment of Legal Costs; Application Fees/Costs; Other Consultant Fees
This provision confirms Developer’s agreement to reimburse the City for
all reasonable professional fees and costs (outside counsel, financial consultants,
etc.) related to the Project. Invoices for such professional fees and costs that have
been paid by the City, and have not yet been reimbursed by Developer, will be
paid by the Developer on or before the date of this Memorandum. Invoices for
professional fees and costs received by the City after the date of this
Memorandum will be forwarded to the Developer for reimbursement monthly,
and payment from the Developer to the City is due within 20 days of Developer’s
receipt of the invoice from the City. If the Developer fails to reimburse the
professional fees and costs as required, City staff may stop work on the Project
and consideration of any application or other authorization process may be
stopped, until Developer has reimbursed all professional fees and costs to the
City.
XI. Due Diligence and Disclosure
The Developer agrees to timely disclose and provide documents and
information reasonably requested by the City to allow the City to satisfy its
obligations of due diligence and as may be necessary or appropriate to effect the
Attachment number 1 \nPage 8 of 12
Item # B
9
provisions of this Memorandum. Because the parties to the definitive agreements
are unknown as of the date of this Memorandum, Developer further agrees to
timely disclose information regarding the non-City-related entity or entities that
will be parties to the definitive agreements. The City agrees to timely disclose
and provide documents and information reasonably requested by the Developer
to allow the Developer to satisfy its obligations of due diligence and as may be
necessary or appropriate to effect the provisions of this Memorandum.
XII. Definitive Agreements
The definitive agreements anticipated to be necessary to give effect to each
element of the Project are:
Amended PUD Ordinance
GTEC Performance Agreement
Agreement for Use of GTEC Sales Tax
GEDCO Performance Agreement
Agreement for Use of GEDCO Sales Tax
Temporary Easement for Construction of Pond
Joint Use and Access Agreement
Amended TIRZ Plan/Ordinance
Agreement to Pledge Tax Increment for CO Repayment
Amended County/City TIF Agreement
This list of definitive agreements is subject to change as discussions evolve and
reveal other matters that need to be memorialized. The definitive agreements
would contain a prohibition on transfer of any property in the Zone to a tax
exempt entity. The City and Developer shall use good faith efforts to negotiate a
definition of “Permitted Assignee” such that so long as the Joint Use and Access
Agreement will be held in the name and ownership of a Permitted Assignee, the
City shall not have any approval rights to such transfer, which definition will be
included in the Joint Use and Access Agreement. Transfers to parties other than
Permitted Assignees will be subject to the prior review and approval of the City to
ensure that the City’s rights under the Joint Use and Access Agreement are
protected for the term of the Zone.
XIII. Non-Binding
This Memorandum is entered into solely for the purpose of providing a
framework for negotiation. The Parties will negotiate in good faith to arrive at
Attachment number 1 \nPage 9 of 12
Item # B
10
mutually acceptable Definitive Agreements for approval, execution, and delivery
on the earliest reasonably practicable date, however the execution and delivery
hereof by Developer or by the City, or any negotiations concerning this
Memorandum or any possible agreements, shall not, and does not, create any
contractual rights or obligations in favor of either party vis-à-vis the other, nor
shall the submission or acceptance of this Memorandum constitute any offer by
either party to enter into any transaction with the other or bind either party to
pursue a transaction with the other concerning the Project. Neither party hereto
shall have any obligations one unto the other concerning the Project or any other
matter until such time as all definitive agreements are fully negotiated, drafted,
executed and delivered by and between them. Furthermore, either party may, at
any time prior to the execution and delivery of the definitive agreements,
abandon discussions concerning the Project without liability, it being
acknowledged that neither party has any obligation to the other to engage in or
continue any negotiations regarding the Project. The terms of this paragraph are
binding on City and Developer.
XIV. Applicable Law, Jurisdiction and Venue
This Memorandum, and any definitive agreements, shall be construed and
governed in accordance with the laws of the state of Texas. The Parties submit
exclusively to the jurisdiction of the state and federal courts of Williamson
County, Texas, and venue for any cause of action arising hereunder shall lie
exclusively in the state and federal courts of Williamson County, Texas.
XV. Term and Termination
This Memorandum will terminate 1) upon the execution of all definitive
agreements by all necessary parties; or 2) upon ten (10) days prior written notice
by either party to the other party; or 3) on January 31, 2014, unless extended by
mutual written agreement of the Parties, whichever shall first occur.
IN WITNESS WHEREOF, each Party represents and confirms that the
signatory for the Party has been duly authorized to fully bind the Party to this
Memorandum and cause this Memorandum to be executed by their duly
authorized officers.
[SIGNATURE PAGES FOLLOW]
Attachment number 1 \nPage 10 of 12
Item # B
11
CITY OF GEORGETOWN, TEXAS,
a Texas home rule municipality
By: ________________________________
George G. Garver
Date: ______________________________
ATTEST:
By: _______________________________
Jessica Brettle, City Secretary
APPROVED AS TO FORM:
By: _______________________________
Bridget Chapman, City Attorney
Attachment number 1 \nPage 11 of 12
Item # B
12
NOVAK BROTHERS, LLC
By:
Jeff Novak, Managing Member
Date: ____________________________________
HINES INTERESTS LIMITED PARTNERSHIP
Hines Holdings, Inc., its general partner
By:
Name:
Title: ______
Date: ______________________________
Agreed to by Brae Group, Ltd., a Texas limited partnership, the owner of the real
property that will comprise the Hotel Project as of the date of this Agreement, it
being understood that the real property will be transferred by Special Warranty
Deed to the limited liability company intended to be formed by Novak Brothers
LLC and Hines Interests Limited Partnership prior to the commencement of
construction of the Hotel Project.
BRAE GROUP, LTD., a Texas limited partnership
By: Novak Brokers, LLC, a Texas limited liability company, its general
partner
By: ______________________________
Jeff Novak, Managing Member
Date: _____________________________
Attachment number 1 \nPage 12 of 12
Item # B
City of Georgetown, Texas
December 20, 2013
SUBJECT:
Consideration and possible action to approve a Resolution adopting a Water Quality Management Plan --
Paul E. Brandenburg, City Manager
ITEM SUMMARY:
Pursuant to the City Council workshop on November 12, 2013, Williamson County and their consulting
experts have drafted a series of proposed regulations intended to protect the spring formations and stream
habitats of the Georgetown Salamander. The City Council approved first reading of the Ordinance adopting
those regulations on December 10, 2013.
Part of the negotiated settlement with the U.S. Fish and Wildlife Service (Service) is that the ordinance will
require the adoption of a Water Quality Management Plan within six months of final approval of the
Ordinance. The scope of the Water Quality Management Plan (WQM Plan)is very similar to the
requirements of the Texas Pollutant Discharge Elimination System (TPDES) Municipal Separate Storm
Sewer System (MS4) general permit, TXR040000, which the City of Georgetown will be subject to based on
Texas Commission on Environmental Quality action on December 11, 2013.
The MS4 permit requirements include the same six month provision to complete a management plan, in this
case a water quality discharge permit (MS4 Permit). However, the largest difference in the requirements is
all the provisions of the Georgetown Salamander WQM Plan would be implemented in year one of
implementation, not gradually ramped up over a five year reporting period of the MS 4 Permit.
The acceleration of time and reporting requirements will have a definitive impact on staff time and efforts
over the next 18 months. Staff has completed the attached “Work Measures” file to estimate the impact of
implementing the WQM Plan development and Baseline Best Management Practices outlined in the
recommendation. The Full Time Staff Equivalency (FTE) represents up to 5.0 new staff members workload
to finalize the plan and develop the Baseline Best Management Practices outlined in the Scope. Program
implementation and reporting called for in the recommended WQM Plan would require up to 7.7 FTE
positions and additional cost of education materials, citizen survey, garbage and household hazardous waste
collection and disposal, and possibly new equipment such as a street sweeper and vacuum truck for street and
storm drain cleaning.
FINANCIAL IMPACT:
The FTE staff time will range from a Light Equipment Operator in the Stormwater Department to the City
Attorney, with a midpoint in salary ranging from $37,000 to $137,000 annually, just using an average of
$55,000 annually the FTE's, with benefits and operations (computer, phone travel and training, etc.), would
represent $445,000 in year one Program Development and $680,000 annually in implementation.
The additional education materials should not cost more than $25,000 annually. Additional solid water and
household hazardous water collection and disposal should not exceed $50,000 annually.
When the Street Sweeper and Vacuum Truck are required there would be one time cost of $385,000 and
$265,000 respectively, totaling $650,000, with an additional annual fuel, maintenance and insurance cost of
$20,000.
SUBMITTED BY:
Ed Polasek
ATTACHMENTS:
Resolution adopting Water Quality Management Plan
Exhibit A: Water Quality Management Plan
Workload Measures
Cover Memo
Item # C
Resolution Number: _____________ Page 1 of 1
Description: Water Quality Management Plan
Date Approved: ____________ 2013
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, ADOPTING A WATER QUALITY
MANAGEMENT PLAN.
WHEREAS, the City of Georgetown 2030 Comprehensive Plan, adopted February 26,
2008, includes a broad vision statement that includes “we have promoted sustainable
development patterns that are compatible with our natural resources and historic character.”; and
WHEREAS, the City and Williamson County have met with numerous stakeholder
groups to develop strategies that exceed current local, state and federal standards to safeguard the
spring formations of the Edwards Aquifer and the unique habitat area established by this
environment; and
WHEREAS, pursuant to the City Council workshop on November 12, 2013, Williamson
County and their consulting experts have drafted a series of proposed regulations intended to
protect the spring formations and stream habitats of the Georgetown Salamander; and
WHEREAS, part of the negotiated settlement with U.S. Fish and Wildlife Service
includes the adoption of a Water Quality Management Plan; and
WHEREAS, that the vision of the Georgetown 2030 Comprehensive Plan is
substantially advanced by adopting the Water Quality Management Plan as attached to this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The City Council of the City of Georgetown hereby adopts the Water
Quality Management Plan attached as Exhibit A.
RESOLVED this ______ day of December 20, 2013.
ATTEST: THE CITY OF GEORGETOWN:
______________________________ _______________________________
Jessica Brettle By: George Garver
City Secretary Mayor
APPROVED AS TO FORM:
______________________________
Bridget Chapman, City Attorney
Attachment number 1 \nPage 1 of 1
Item # C
Georgetown Water Quality Management Plan
1
The City Water Quality Management Plan (WQMP) details the steps that Georgetown will take
to reduce or eliminate pollutants in stormwater discharges. Georgetown will develop any
necessary ordinances, regulations, or other regulatory controls to meet the general permit
requirements to the extent that authority to make such ordinances, regulations, or other
regulatory controls are not prohibited by state or federal statutes or regulations.
Plan Elements
The WQMP includes measurable objectives and best management practices (BMPs) to
implement five Minimum Control Measures (MCMs). Each BMP shall have objectives listed that
identify measureable progress to be achieved on an annual or semi-annual basis.
The five MCMs include:
1. Public Education, Outreach and Involvement to educate about the best household
management practices, pest management and individual aquifer protection measures.
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Site Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
Plan Development
The WQMP shall address at a minimum the Baseline Best Management Practices below.
The plan shall be developed in detail including all measurable objectives within six months of
the adoption of Edwards Aquifer Recharge Zone Water Quality Ordinance.
The completed plan and details shall be available for review by the public and Adaptive
Management Working Group (AMWG), as defined in the Edwards Aquifer Recharge Zone Water
Quality Ordinance
Adaptive Management
Annually City staff will review, update and/or modify the WQMP to ensure the ultimate
objective of reducing and eliminating pollutants reaching area streams in the Edwards Aquifer.
Progress on the plan may be measured both by individual progress and watershed wide
indicators.
If an objective is removed, a more effective objective shall be added in its place.
An annual report shall be produced that indicates progress on each objective and BMP and any
changes made to the plan. Any changes or delays in implementation should be fully explained
within the annual report. The annual report shall also be submitted to the AMWG
Attachment number 2 \nPage 1 of 8
Item # C
Georgetown Water Quality Management Plan
2
Baseline Best Management Practices
1. Public Education, Outreach and Involvement
The City shall develop, implement, and maintain a comprehensive stormwater education
and outreach program to educate public employees, businesses, and the general public of
hazards associated with the illegal discharges and improper disposal of waste and about the
impact that stormwater discharges can have on local waterways, as well as the steps that the
public can take to reduce pollutants in stormwater.
Objectives of the program will be based on high priority community-wide issues (including
reduction of nitrate discharges, improving the quality of discharges to the Edwards Aquifer
reducing constituents that are identified as potential threats to the Georgetown salamander.
1.1. Community Education - High Priority Issues. Enhance community awareness of the
City’s High Priority Issues to preserve and enhance water quality by reducing the
amount of the Big 3 (e.g. bacteria, floatables and fertilizer) found in the waterways.
1.1.1. Identify the three most impactful community issues (with special consideration
to aquifer and salamander concerns). Also, identify associated audiences of each
issue. Develop a public education and outreach campaign focused on the reduction
of the Big 3. Determine best methods for outreach. Develop written procedures for
implementation. Review existing material and revise if necessary and distribute.
The comprehensive campaign shall utilize multiple media options (Webpage, Social
Media, Utility Bill Inserts, Brochures) tailoring the media type to the audience and
occasion.
1.2. Garden and Lawn Care Education. Support the creation and distribution of garden and
lawn care education material throughout the area to minimize release of related
pollutants.
1.2.1. Acquire, create or support the creation of public education and outreach
materials focused on garden and lawn care education.
1.3. Home Hazardous Waste Education. Evaluate current communication campaign
regarding proper disposal of home hazardous waste including education about less
toxic alternatives.
1.3.1. Continue to collect Household Hazardous Waste from residents at designated
facilities. Refine communication efforts to maximize citizen participation in proper
disposal.
1.3.2. Acquire, create or support the creation of public education and outreach
materials focused use of less toxic alternatives.
Attachment number 2 \nPage 2 of 8
Item # C
Georgetown Water Quality Management Plan
3
1.4. Volunteer Inlet Marker Program. Volunteers will install "Drains to Creek" inlet markers
in the community to promote awareness of the dangers associated with illicit discharge
or dumping.
1.4.1. Staff shall develop a program to recruit and manage volunteer efforts to install
inlet markers throughout the city. Volunteers will be educated about water quality
impacts.
1.4.2. Acquire, create or support the creation of public education and outreach
materials to be distributed in target neighborhoods to explain the purpose of the
recent inlet marker installation and concepts associated with “drains to creek”.
1.5. Creek Clean-Up Efforts. Volunteers will remove trash from public spaces to reduce the
amount of floatables in area waterways.
1.5.1. Establish procedures for recruiting volunteers, identifying public spaces,
facilitating clean-up and documenting activities. Volunteers will be educated about
water quality impacts.
1.6. Tree Planting Program. Tree planting program will provide an opportunity various
resident and business groups to volunteer and learn how to enhance and protect
environmental resources.
1.6.1. Continue to produce multiple tree planting events educating the public about
the value of trees. Staff shall develop/acquire and provide supplemental materials
to make the connection between tree planting and creek water quality.
1.7. Attitude Survey. Survey of how the public perceives storm management can foster
better planning and management of programs. The results of these attitude surveys
can enlighten both managers and the public on pollution sources, storm water effects,
and control options. Public attitude surveys can also reveal issues important to
stakeholders and provide data to program managers about appropriate steps to take
and misconceptions to dispel.
1.7.1. Create survey to be utilized for this permit term. Conduct initial survey and
analyze responses. If warranted, revise outreach articles and materials in response
to initial survey.
1.7.2. Conduct follow up survey and determine success of past outreach efforts.
1.8. FOG campaign. Sewage backups and overflows are typically the result of Fats, Oil or
Grease (FOG) being introduced into the collection system from private residences.
Attachment number 2 \nPage 3 of 8
Item # C
Georgetown Water Quality Management Plan
4
1.8.1. Continue to FOG campaign. Refine communication efforts to maximize citizen
awareness. Acquire, create or support the creation of public education and
outreach materials focused use of less toxic alternatives.
2. Illicit Discharge Detection and Elimination (IDDE)
The City will develop, implement and enforce a program to detect, investigate, and
eliminate illicit discharges. The program will include a plan to detect and address non-
stormwater discharges, including illegal dumping.
2.1. Illicit Discharge Ordinance. City shall review and revise, if needed, its relevant
ordinance(s) to provide authority to: prohibit illicit discharges and illicit connections,
respond to and contain other releases, and prohibit dumping or disposal of materials
other than stormwater.
The authority shall also include the ability to:
a) require installation, implementation, and maintenance of BMPs;
b) receive and collect information, such as stormwater plans, inspection
reports, and other information deemed necessary to assess compliance
with this permit, from operators of construction sites, new or redeveloped
land, and industrial and commercial facilities;
c) enter and inspect private property including facilities, equipment,
practices, or operations related to stormwater discharges;
d) respond to violations of the BMPs; and
e) assess penalties, including monetary, civil, or criminal penalties.
2.2. Citizen Complaint Hotline. City will develop a citizen complaint hotline for illicit
discharges. City will to investigate complaints, record findings and follow-up actions.
2.2.1. Develop written procedures for responding to illicit discharge complaints. Create
and maintain a complaint hotline database. Begin investigations of complaints as
they are received.
2.3. Storm Drain and Outlet Mapping. City will continue to update the City's storm system
map as new features are added or discovered. Proper detailed mapping of the storm
drain system allows for more efficient and effective spill containment, illicit discharge
investigation and elimination.
2.3.1. Continue to update the City's storm sewer map as needed with identification of
new, altered, and newly discovered storm sewer features.
Attachment number 2 \nPage 4 of 8
Item # C
Georgetown Water Quality Management Plan
5
2.4. The Collection Station. The Collection Station is a City-owned site open to the general
public and operated by Texas Disposal Systems. It accepts municipal solid waste and
recyclables, and public disposal of trash and recyclables helping to reduce impacts of
illegal dumping and improper disposal of solid waste, tires, refrigerated appliances,
sedimentary rock, shingles/roofing material, vehicle batteries, used motor oil, used
cooking oil, oil filters, residential recycling materials, brush/green waste.
2.4.1. Continue operation and advertising of The Collection Station. Refine
communication efforts to maximize citizen participation in proper disposal.
2.4.2. Consider appropriateness and need of adding remote drop off locations (e.g. oil
igloos) for used motor oil collection to encourage greater compliance.
2.5. Staff IDDE Education. Ensure O&M staff is trained regularly on illicit discharge reporting
to minimize release of pollutants.
2.5.1. Having more staff educated on elimination and detection can drastically increase
the number of illicit discharge and dumping issues identified and subsequently
resolved.
3. Construction Site Stormwater Runoff Control
The City will develop, implement and enforce a program requiring operators of construction
activities, to select, install, implement, and maintain stormwater control measures that
prevent illicit discharges. The program will include the development and implementation of
ordinances, as well as penalties to ensure compliance to the extent allowable under state
and local law, to require erosion and sediment control.
The City will require that construction site operators implement appropriate erosion and
sediment control BMPs. Their construction program will ensure the following minimum
requirements are effectively implemented for all construction activities:
a. Erosion and Sediment Controls - Design, install and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be initiated
immediately whenever any clearing, grading, excavating or other earth disturbing activities
have permanently ceased on any portion of the site, or temporarily ceased on any portion
of the site and will not resume for a period exceeding 14 calendar days. Stabilization must
be completed within a period of time determined by the permittee. In arid, semiarid, and
drought-stricken areas, as determined by the permittee, where initiating vegetative
stabilization measures immediately is infeasible, alternative stabilization measures must be
employed as specified by the permittee.
Attachment number 2 \nPage 5 of 8
Item # C
Georgetown Water Quality Management Plan
6
c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the
discharge of pollutants. At a minimum, such BMPs must be designed, installed,
implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters;
(ii) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents,
sanitary waste and other materials present on the site to precipitation and to
stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
3.1. Staff Training. Ensure construction inspection, project review and project management
staff are trained regularly on the CGP, City ordinances and associated procedures
required for construction sites inspections to minimize release of pollutants.
3.1.1. Develop and implement staff training for procedures, regulations and policies.
3.2. Construction Plan Review and Permitting. Review new development, redevelopment
and CIP projects to ensure designs are compliant with TPDES CGP (TXR150000
Construction General Permit), TCEQ EARZ regulations and City ordinances ensuring
proper planning and design to protect water quality.
3.2.1. Document procedures for plan review. Review and refine plan review and
permitting for all projects to add in compliance with the TPDES CGP.
3.3. Construction Site Inspection and Enforcement. Inspect construction site BMPs for
compliance with CGP and City ordinances, report findings to site operator and verify
recommendations are implemented to minimize release of pollutants.
3.3.1. Document procedures for site inspection and enforcement. Review and update
procedures for all projects to add in compliance with the TPDES CGP and updated
ordinances including salamander conservation measures.
4. Post-Construction Stormwater Management in New Development and Redevelopment
The City will develop, implement and enforce a program, to the extent allowable under
state and local law, to control stormwater discharges from new development and
redeveloped sites that disturb one acre or more, including projects that disturb less than
one acre that are part of a larger common plan of development or sale. The program will be
established for private and public development sites.
Attachment number 2 \nPage 6 of 8
Item # C
Georgetown Water Quality Management Plan
7
The City will modify and/or adopt an ordinance to address post-construction runoff from
new development and redevelopment projects to the extent allowable under state and
local law and local development standards. The City will establish, implement, and enforce a
requirement, that owners or operators of new development and redeveloped sites design,
install, implement, and maintain a combination of structural and non-structural BMPs
appropriate for the community and to protect water quality.
4.1. Review of permanent BMPs. City Staff will review new construction and redevelopment
projects to ensure designs address permanent water quality measures in the most
sensitive areas of the City (i.e. Edwards Aquifer Recharge Zone).
4.1.1. Document procedures and standards for plan review. Ensure plan review for all
development.
4.2. Detention and Pollutant Attenuation. Assess current detention and pollutant
attenuation regulations and program administration to ensure best practices in
reducing post-construction run-off to pre-construction levels for new construction and
redevelopment.
4.2.1. Refine and update procedures and regulations regarding detention and pollutant
attenuation, as appropriate. Develop an adaptive management review process to
ensure regular reevaluation and updating of these regulations based on new water
quality information.
4.3. Long-Term Maintenance of Post-Construction Stormwater Control Measures. Ensure
the long-term operation and maintenance of structural stormwater control measures.
4.3.1. Set up processes and procedures to ensure maintenance by initial owner and
subsequent property owners by requiring developers to create a maintenance plan
and require that plan be recorded in the Williamson County property records.
4.3.2. The City will require that operation and maintenance is performed, documented
and retained on site.
5. Pollution Prevention and Good Housekeeping for Municipal Operations
The City will develop and implement an operation and maintenance program, including an
employee training component that has the ultimate objective of preventing or reducing
pollutant runoff from municipal activities and municipally owned areas including but not limited
to park and open space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land disturbances;
municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer
stations; and salt/sand storage locations.
Attachment number 2 \nPage 7 of 8
Item # C
Georgetown Water Quality Management Plan
8
5.1. Permittee-owned Facilities and Control Inventory. The City will develop and maintain
an inventory of facilities and stormwater controls that it owns and operates. The
inventory will include all applicable permit numbers, registration numbers, and
authorizations for each facility.
5.1.1. City will update the City's maps include City owned facilities and controls.
5.2. Staff Training. Ensure O&M staff is trained regularly on the pollution prevention and
good housekeeping reporting to minimize release of pollutants with particular focus on
risks to aquifer and aquatic species.
5.2.1. Develop and implement staff training for procedures, regulations and policies.
5.3. Contractor Oversight. Ensure all city contractors perform maintenance activities using
appropriate control measures and standard operating procedures (SOPs) to minimize
release of pollutants.
5.3.1. Develop standard contract language and ensure all appropriate future contracts
and updates contain language requiring contractor compliance.
5.4. Street Sweeping. Perform scheduled street sweeping of public streets and high priority
facilities to minimize the release of pollutants from roadways and parking lots. Ensure
proper disposal of trash, debris and other stormwater pollutants collected during the
street sweeping process.
5.4.1. Continue sweeping public streets and high priority facilities. Document disposal
procedure.
5.5. Inlet Drain and Structure Cleaning. The City will develop and implement an O&M
program to reduce or reduce the collection of pollutants in catch basins and other
surface drainage structures.
5.5.1. The City will continue system cleaning and develop a list of potential problem
areas and prioritize problem areas for increased inspection (for example, areas
with recurrent illegal dumping).
5.6. Facility Assessments. Develop facility specific SOPs and perform annual inspections for
high risk facilities to minimize release of pollutants.
5.6.1. Assess City owned facilities to determine which ones have a high potential to
release pollutants. Prepare SOPs for identified high priority facilities.
Attachment number 2 \nPage 8 of 8
Item # C
Element Status Total
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Plan Development:Within six months
of the adoption New 120 120 20 160 280 40 40 40 820
Adaptive Management:Annual Report
on Plan Implementation
1.1. Community Education
1.1.1. Develop a public education
and outreach campaign focused on the
reduction of the bacteria's, floatables
and fertilizer.New 20 320 20 40 40 10 450
1.2.1. Acquire, create or support the
creation of public education and
outreach materials focused on garden
and lawn care education. new 20 160 40 40 40 300
1.3.1. Continue to collect Household
Hazardous Waste from residents at
designated facilities. Refine
communication efforts to maximize
citizen participation in proper disposal.
increased
activity 120 20 20 24 184
1.3.2. Acquire, create or support the
creation of public education and
outreach materials focused use of less
toxic alternatives. new 120 20 20 24 184
1.4.1. Staff shall develop a program to
recruit and manage volunteer efforts to
install inlet markers throughout the city.
Volunteers will be educated about
water quality impacts.new 40 240 40 120 20 460
1.4.2. Acquire, create or support the
creation of public education and
outreach materials to be distributed in
target neighborhoods to explain the
purpose of the recent inlet marker
installation and concepts associated
with “drains to creek”. new 240 40 40 20 340
Department Impact: Program Development
Baseline Best Management Practices: Baseline measures outlined in the Georgetown Water Quality Management Plan submitted to FWS
1. Public Education, Outreach and Involvement
1.2. Garden and Lawn Care Education.
1.3. Home Hazardous Waste Education.
1.4. Volunteer Inlet Marker Program.
Attachment number 3 \nPage 1 of 10
Item # C
Element Status Total
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Development
1.5. Creek Clean-Up Efforts.
1.5.1. Establish procedures for
recruiting volunteers, identifying public
spaces, facilitating clean-up and
documenting activities. Volunteers will
be educated about water quality
impacts.new 40 240 40 80 40 200 640
1.6. Tree Planting Program.
1.6.1. Continue to multiple tree
planting events . Staff shall
develop/acquire and provide
supplemental materials to make the
connection between tree planting and
creek water quality.
increased
activity 40 10 10 120 180
1.7. Attitude Survey.
1.7.1. Create survey to be utilized for
this permit term. Conduct initial survey
and analyze responses. If warranted,
revise outreach articles and materials in
response to initial survey. increased
activity 40 20 20 80
1.7.2. Conduct follow up survey and
determine success of past outreach
efforts.
1.8.1. Continue FOG campaign. Refine
communication efforts to maximize
citizen awareness. Acquire, create or
support the creation of public education
and outreach materials focused use of
less toxic alternatives. increased
activity 40 40 20 20 120
2.1. Illicit Discharge Ordinance. City
shall review and revise, if needed, its
relevant ordinance(s) to provide
authority to: prohibit illicit discharges
and illicit connections, respond to and
contain other releases, and prohibit
dumping or disposal of materials other
than stormwater.
Review and
revise
ordinances 640 40 80 80 240 80 1160
1.8. FOG campaign: Fats, Oil or Grease (FOG)
2. Illicit Discharge Detection and Elimination (IDDE)
Attachment number 3 \nPage 2 of 10
Item # C
Element Status Total
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Development
2.2. Citizen Complaint Hotline.
2.2.1. Develop written procedures for
responding to illicit discharge
complaints. Create and maintain a
complaint hotline database. Begin
investigations of complaints as they are
received.
increased
activity 40 40 80 40 40 20 260
2.3.1. Continue to update the City's
storm sewer map as needed with
identification of new, altered, and
newly discovered storm sewer features.increased
activity 40 40 80
2.4. The Collection Station.
2.4.1. Continue operation and
advertising of The Collection Station.
Refine communication efforts to
maximize citizen participation in proper
disposal.
increased
activity 40 10 10 60
2.4.2. Consider appropriateness and
need of adding remote drop off
locations (e.g. oil igloos) for used motor
oil collection to encourage greater
compliance.
increased
activity 20 40 10 10 80
2.5. Staff IDDE Education.
2.5.1. Education on elimination and
detection for illicit discharge and
dumping issues.
increased
activity 10 80 80 80 80 40 40 40 450
3.1. Staff Training.
3.1.1. Develop and implement staff
training for procedures, regulations and
policies.
increased
activity 40 40 40 320 40 40 520
3.2.1. Document procedures for plan
review. Review and refine plan review
and permitting for all projects to add in
compliance with the TPDES CGP.
increased
activity 40 80 120 80 120 440
3.3. Construction Site Inspection and Enforcement.
3.2. Construction Plan Review and Permitting.
2.3. Storm Drain and Outlet Mapping.
3. Construction Site Stormwater Runoff Control
Attachment number 3 \nPage 3 of 10
Item # C
Element Status Total
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Development
3.3.1. Document procedures for site
inspection and enforcement. Review
and update procedures for all projects
to add in compliance with the TPDES
CGP and updated ordinances including
salamander conservation measures.increased
activity 40 80 120 80 40 20 380
4.1. Review of permanent BMPs.
4.1.1. Document procedures and
standards for plan review. Ensure plan
review for all new construction and
redevelopment projects to ensure
designs address permanent water
quality measures in the most sensitive
areas of the City (i.e. Edwards Aquifer
Recharge Zone).
increased
activity 40 120 40 20 220
4.2.1. Refine and update procedures
and regulations regarding detention and
pollutant attenuation, as appropriate.
Develop an adaptive management
review process to ensure regular
reevaluation and updating of these
regulations based on new water quality
information.
increased
activity 40 120 40 40 240
4.3.1. Set up processes and procedures
to ensure maintenance by initial owner
and subsequent property owners by
requiring developers to create a
maintenance plan and require that plan
be recorded in the Williamson County
property records. increased
activity 60 80 40 80 260
4.3.2. The City will require that
operation and maintenance is
performed, documented and retained
on site.
increased
activity 20 80 80 20 200
4. Post-Construction Stormwater Management in New Development and Redevelopment
4.2. Detention and Pollutant Attenuation.
5. Pollution Prevention and Good Housekeeping for Municipal Operations
5.1. Permittee-owned Facilities and Control Inventory.
4.3. Long-Term Maintenance of Post-Construction Stormwater Control Measures.
Attachment number 3 \nPage 4 of 10
Item # C
Element Status Total
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Development
5.1.1. City will update the City's maps
include City owned facilities and
controls.
increased
activity 240 80 320
5.2.1. Develop and implement staff
training for procedures, regulations and
policies.new 10 80 80 80 80 40 40 40 450
5.3. Contractor Oversight.
5.3.1. Develop standard contract
language and ensure all appropriate
future contracts and updates contain
language requiring contractor
compliance.new 80 80 80 240
5.4. Street Sweeping.
5.4.1. Continue sweeping public
streets and high priority facilities.
Document disposal procedure.
increased
activity 20 20 40 80
5.5.1. The City will continue system
cleaning and develop a list of potential
problem areas and prioritize problem
areas for increased inspection (for
example, areas with recurrent illegal
dumping).
increased
activity 40 40 20 80 20 200
5.6.1. Assess City owned facilities to
determine which ones have a high
potential to release pollutants. Prepare
SOPs for identified high priority
facilities.new 20 80 80 80 260
TOTAL 1,320 2,120 720 1,950 1,650 618 480 480 9,338
FTE Calculation 0.7 1.1 0.4 1.0 0.9 0.3 0.3 0.3 5.0
FTE = 40*52*.9 = 1872
5.5. Inlet Drain and Structure Cleaning.
5.6. Facility Assessments and SOPs.
5.2. Staff Training, pollution prevention and good housekeeping reporting
Attachment number 3 \nPage 5 of 10
Item # C
Element Status Total Additional Cost
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Plan Development:Within six months
of the adoption
Adaptive Management:Annual Report
on Plan Implementation New 120 120 20 120 240 20 20 20 680
1.1. Community Education
1.1.1. Develop a public education
and outreach campaign focused on the
reduction of the bacteria's, floatables
and fertilizer.New 400 20 20 20 10 470
printing/ education
materials
1.2.1. Acquire, create or support the
creation of public education and
outreach materials focused on garden
and lawn care education. new 40 8 8 16 72
printing/ education
materials
c
1.3.1. Continue to collect Household
Hazardous Waste from residents at
designated facilities. Refine
communication efforts to maximize
citizen participation in proper disposal.increased activity 120 24 144 HHW Disposal
1.3.2. Acquire, create or support the
creation of public education and
outreach materials focused use of less
toxic alternatives. increased activity 120 24 144
printing/ education
materials
1.4.1. Staff shall develop a program to
recruit and manage volunteer efforts to
install inlet markers throughout the city.
Volunteers will be educated about
water quality impacts.new 20 240 80 120 10 470
Stencils, paint, more
permanent inlet
markers, data
collection
1.4.2. Acquire, create or support the
creation of public education and
outreach materials to be distributed in
target neighborhoods to explain the
purpose of the recent inlet marker
installation and concepts associated
with “drains to creek”. new 80 40 40 20 180
printing/ education
materials
1.2. Garden and Lawn Care Education.
Baseline Best Management Practices: Baseline measures outlined in the Georgetown Water Quality Management Plan submitted to FWS
1. Public Education, Outreach and Involvement
1.4. Volunteer Inlet Marker Program.
Department Impact: Program Implementation
1.3. Home Hazardous Waste Education.
Attachment number 3 \nPage 6 of 10
Item # C
Element Status Total Additional Cost
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Implementation
1.5. Creek Clean-Up Efforts.
1.5.1. Establish procedures for
recruiting volunteers, identifying public
spaces, facilitating clean-up and
documenting activities. Volunteers will
be educated about water quality
impacts.new 40 240 40 80 40 200 640
Safty equipment for
volunteers, disposal
collection and fees.
1.6. Tree Planting Program.
1.6.1. Continue to multiple tree
planting events . Staff shall
develop/acquire and provide
supplemental materials to make the
connection between tree planting and
creek water quality.increased activity 40 10 10 120 180
printing/ education
materials
1.7. Attitude Survey.
1.7.1. Create survey to be utilized for
this permit term. Conduct initial survey
and analyze responses. If warranted,
revise outreach articles and materials in
response to initial survey.
1.7.2. Conduct follow up survey and
determine success of past outreach
efforts.increased activity 40 20 20 80
May increase timing
of semi-annual citizen
survey, conducted by
Finance.
1.8.1. Continue FOG campaign. Refine
communication efforts to maximize
citizen awareness. Acquire, create or
support the creation of public education
and outreach materials focused use of
less toxic alternatives. increased activity 40 40 10 10 100
printing/ education
materials
2.1. Illicit Discharge Ordinance. City
shall review and revise, if needed, its
relevant ordinance(s) to provide
authority to: prohibit illicit discharges
and illicit connections, respond to and
contain other releases, and prohibit
dumping or disposal of materials other
than stormwater. increase activity 120 40 20 20 240 40 480
2. Illicit Discharge Detection and Elimination (IDDE)
1.8. FOG campaign: Fats, Oil or Grease (FOG)
Attachment number 3 \nPage 7 of 10
Item # C
Element Status Total Additional Cost
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Implementation
2.2. Citizen Complaint Hotline.
2.2.1. Develop written procedures for
responding to illicit discharge
complaints. Create and maintain a
complaint hotline database. Begin
investigations of complaints as they are
received.increased activity 20 20 80 20 20 20 180
printing/ education
materials
2.3.1. Continue to update the City's
storm sewer map as needed with
identification of new, altered, and
newly discovered storm sewer features.increased activity 640 320 960
Increased GIS
mapping/field study.
2.4. The Collection Station.
2.4.1. Continue operation and
advertising of The Collection Station.
Refine communication efforts to
maximize citizen participation in proper
disposal.increased activity 80 10 10 100
printing/ education
materials
2.4.2. Consider appropriateness and
need of adding remote drop off
locations (e.g. oil igloos) for used motor
oil collection to encourage greater
compliance.increased activity 20 80 10 10 120
disposal collection
and fees.
2.5. Staff IDDE Education.
2.5.1. Education on elimination and
detection for illicit discharge and
dumping issues.increased activity 10 120 80 80 80 40 40 40 490
printing/ education
materials
3.1. Staff Training.
3.1.1. Develop and implement staff
training for procedures, regulations and
policies.increased activity 40 40 120 320 320 40 880
3.2.1. Document procedures for plan
review. Review and refine plan review
and permitting for all projects to add in
compliance with the TPDES CGP. increased activity 80 120 80 80 360
3.3. Construction Site Inspection and Enforcement.
3.2. Construction Plan Review and Permitting.
3. Construction Site Stormwater Runoff Control
2.3. Storm Drain and Outlet Mapping.
Attachment number 3 \nPage 8 of 10
Item # C
Element Status Total Additional Cost
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Implementation
3.3.1. Document procedures for site
inspection and enforcement. Review
and update procedures for all projects
to add in compliance with the TPDES
CGP and updated ordinances including
salamander conservation measures.increased activity 40 80 320 80 80 600
4.1. Review of permanent BMPs.
4.1.1. Document procedures and
standards for plan review. Ensure plan
review for all new construction and
redevelopment projects to ensure
designs address permanent water
quality measures in the most sensitive
areas of the City (i.e. Edwards Aquifer
Recharge Zone).increased activity 20 160 120 300
4.2.1. Refine and update procedures
and regulations regarding detention and
pollutant attenuation, as appropriate.
Develop an adaptive management
review process to ensure regular
reevaluation and updating of these
regulations based on new water quality
information. increased activity 20 160 120 20 320
4.3.1. Set up processes and procedures
to ensure maintenance by initial owner
and subsequent property owners by
requiring developers to create a
maintenance plan and require that plan
be recorded in the Williamson County
property records. increased activity 40 80 20 120 260
4.3.2. The City will require that
operation and maintenance is
performed, documented and retained
on site.increased activity 20 120 80 20 240
4.2. Detention and Pollutant Attenuation.
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
5.1. Permittee-owned Facilities and Control Inventory.
4.3. Long-Term Maintenance of Post-Construction Stormwater Control Measures.
Attachment number 3 \nPage 9 of 10
Item # C
Element Status Total Additional Cost
Legal GUS - Env.GUS - UTIL GUS-Sys. Eng.Transportation Police-Code Parks Planning
Department Impact: Program Implementation
5.1.1. City will update the City's maps
include City owned facilities and
controls.increased activity 80 40 120
5.2.1. Develop and implement staff
training for procedures, regulations and
policies.increased activity 10 120 80 80 80 40 40 40 490
printing/ education
materials
5.3. Contractor Oversight.
5.3.1. Develop standard contract
language and ensure all appropriate
future contracts and updates contain
language requiring contractor
compliance.new 20 80 40 140
5.4. Street Sweeping.
5.4.1. Continue sweeping public
streets and high priority facilities.
Document disposal procedure.increased activity 40 3,600 3,640
Additional street
sweeper to maintain
routine schedule in
priority areas. (2 man
5.5.1. The City will continue system
cleaning and develop a list of potential
problem areas and prioritize problem
areas for increased inspection (for
example, areas with recurrent illegal
dumping). increased activity 80 320 20 1,020 40 1,480
May require additional
vacuum truck in future,
increased disposal
collection and disposal
fees. (two man crew)
5.6.1. Assess City owned facilities to
determine which ones have a high
potential to release pollutants. Prepare
SOPs for identified high priority
facilities.new 40 40 80 40 200
TOTAL 560 2,100 1,080 2,668 6,548 648 436 360 14,400
FTE Calculation 0.3 1.1 0.6 1.4 3.5 0.3 0.2 0.2 7.7
FTE = 40*52*.9 = 1872
5.5. Inlet Drain and Structure Cleaning.
5.6. Facility Assessments and SOPs.
5.2. Staff Training, pollution prevention and good housekeeping reporting
Attachment number 3 \nPage 10 of 10
Item # C
City of Georgetown, Texas
December 20, 2013
SUBJECT:
Second Reading of an Ordinance establishing regulations intended to protect the spring formations and
stream habitats of the Georgetown Salamander and specifically regulating certain activities in the
recharge zone of the Edwards Aquifer within the City and extraterritorial jurisdiction including an
Adaptive Management Working Group to consider variances to this ordinance -- Paul E. Brandenburg,
City Manager (action required)
ITEM SUMMARY:
Pursuant to the November 12, 2013 City Council workshop, Williamson County and their consulting experts
have drafted a series of proposed regulations intended to protect the spring formations and stream habitats of
the Georgetown Salamander located within the Edwards Recharge Zone.
The attached ordinance maintains the existing quality of the City's ground and surface water, consistent with
the protection of public health, the protection of terrestrial and aquatic life, the protection of the environment,
and the maintenance of the long-term economic health of Williamson County within the recharge zone of the
Edwards Aquifer. If this Ordinance is adopted, the U.S. Fish and Wildlife Service may elect not to list the
Georgetown salamander as an endangered species pursuant to the Endangered Species Act.
This Ordinance would apply to property located over the recharge zone of the Edwards Aquifer within the
limits of the City and its extraterritorial jurisdiction (ETJ) - up to 3 1/2 miles beyond the City Limits. A
geologic assessment (GA) is an existing requirement for development in the Recharge Zone, however this
Ordinance would require analysis for spring formations as an additional component of a GA. A GA may also
demonstrate that a particular site does not lend itself as habitat for the salamander and therefore some of the
requirements of this ordinance may not apply to such locations.
Only very limited activities would be allowed in certain areas. Specifically, these regulations establish four
zones:
1. No-disturbance Zone ("red zone") within 80 meters of a spring outlet of an occupied site where very
limited construction may be permitted such as maintenance of existing developments and fences.
2. Minimal disturbance Zone ("orange zone") which expands beyond the Red Zone up to 300 meters in
the subsurface area that drains to the spring, that allows some additional construction activities such
as wastewater lines, parkland development and residential use subject to spacing requirements.
3. Spring Buffer, which is a 50 meter buffer area around a spring formation. Within the spring buffer
very limited construction can be permitted as well as parkland development and wastewater lines.
4. Stream Buffer, which varies in width in a linear fashion along the stream based on the drainage area
of the watershed. The City's floodplain protection ordinance in Chapter 15.44 of the code of
ordinances already limits some development in these locations under existing provisions.
This ordinance does not establish additional impervious cover limit restrictions in the Recharge Zone
however, existing Unified Development Code (UDC) Chapter 11 impervious cover limitations apply. In lieu
of additional impervious cover limitations, this ordinance increases the requirements of water quality
controls to remove 85% of total suspended solids (TSS) for a project site, which is increased from current
requirements to remove 80% of the TSS for all regulated activities.
The ordinance also contemplates institution of Management Practices such as public education, illicit
discharge elimination, additional construction site run-off controls and pollution prevention of municipal
operations. These programs were already under consideration by the Transportation Department for future
implementation in conjunction with a multi-year phase-in schedule for compliance with the EPA's MS4
permit requirement for cities with over 50,000 population. This ordinance will greatly accelerate the phase-in
schedule.
Finally the ordinance acknowledges that the Williamson County Conservation Foundation shall establish an
Adaptive Management Working Group to make a recommendations to City Council on requests for
Cover Memo
Item # D
variances from this ordinance. The City Manager will appoint two members to this Group. The City Council
will take final action on variances upon receipt of the Group's recommendation.
FINANCIAL IMPACT:
Unbudgeted impacts to the phasing of the City's MS4 permit program as well as Development Engineer
staffing and workload impacts. A separate City Council agenda item will outline some of the management
practice requirements.
SUBMITTED BY:
Andrew Spurgin, Planning Director and Skye Masson, Assistant City Attorney
ATTACHMENTS:
exhibit - red and orange zones
exhibit - stream and spring buffers
exhibit - 2030 plan with occupied sites
Ordinance without Exhibit A
Exhibit A (Red Line)
Exhibit A (Clean)
Cover Memo
Item # D
Ordinance Number: _____________ Page 1 of 2
Description: Salamander Ordinance
Date Approved: ____________________, 2013
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS ESTABLISHING
REGULATIONS FOR CERTAIN ACTIVITIES IN THE
RECHARGE ZONE OF THE EDWARDS AQUIFER
WITHIN THE CITY CORPORATE LIMITS AND
EXTRATERRITORIAL JURISDICTION; ESTABLISHING
AN ADAPTIVE MANAGEMENT WORKING GROUP TO
HEAR AND MAKE RECOMMENDATIONS
REGARDING ANY REQUEST FOR A VARIANCE
RELATING TO THESE REGULATIONS; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown 2030 Comprehensive Plan, adopted
February 26, 2008, includes a broad vision statement that includes “we have promoted
sustainable development patterns that are compatible with our natural resources and
historic character.”; and
WHEREAS, the City and Williamson County have met with numerous
stakeholder groups to develop strategies that exceed current local, state and federal
standards to safeguard the spring formations of the Edwards Aquifer and the unique
habitat area established by this environment; and
WHEREAS, it is the goal of the City Council to provide adequate water quality
controls to ensure that future growth and development is unbridled by potential federal
oversight nor federal permitting requirements that would delay development projects
detrimentally to the sustained viability of the City’s economy; and
WHEREAS, that the vision of the Georgetown 2030 Comprehensive Plan is
substantially advanced by adopting water quality protections for spring and stream
features in the Edwards Aquifer recharge zone as set out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Attachment number 1 \nPage 1 of 2
Item # D
Ordinance Number: _____________ Page 2 of 2
Description: Salamander Ordinance
Date Approved: ____________________, 2013
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim.
Section 3. The Edwards Aquifer Recharge Zone Water Quality Ordinance attached as
Exhibit A is adopted by the City of Georgetown.
Section 4. City staff is directed to develop and budget for a Water Quality Management
Plan with outreach to a broad spectrum of citizens in the community.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Section 6. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This Ordinance shall become accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the _____ day of ___________,
2013.
PASSED AND APPROVED on Second Reading on the _____ day of
______________, 2013
ATTEST: THE CITY OF GEORGETOWN
______________________________ By: _____________________________
Jessica Brettle, City Secretary George Garver, Mayor
APPROVED AS TO FORM:
_____________________________________
Bridget Chapman, City Attorney
Attachment number 1 \nPage 2 of 2
Item # D
EXHIBIT A
Edwards Aquifer Recharge Zone Water Quality Ordinance
General
Section 1--Applicability
This Edwards Aquifer Recharge Zone Water Quality Ordinance (the “Ordinance”)
applies to all property within the corporate limits of the City and its extraterritorial jurisdiction
(ETJ), to the extent allowable under State law, that is also within the recharge zone of the
Edwards Aquifer, as that term is defined in Title 30, Texas Administrative Code § 213.3 and §
213.22. Whether property is within the recharge zone is determined by the most current official
map of the relevant zone located in the Texas Commission on Environmental Quality office for
Region 11.
Section 2--Definitions
The following words and phrases, when used in this Ordinance, shall have the meanings
respectively ascribed to them in this section, except when the context otherwise requires:
“Bank” of a stream means the ordinary high- water mark of a stream, not the floodplain
boundaries, as determined by the appropriate authority.
“Best Management Practices (BMPs)”, for this Ordinance only, has that meaning
ascribed to it in Title 30, Texas Administrative Code § 213.3(5), as may be amended and as
further defined herein.
“Development Engineer” means a professional engineer licensed by the State of Texas
and designated to serve in the capacity of the Development Engineer for duties specified in the
City Code of Ordinances and Unified Development Code.
“Geologic Assessment” means a report prepared by a geologist pursuant to Title 30,
Texas Administrative Code § 213.5 and containing the additional information required by this
Ordinance.
“Geologist” means a licensed professional geoscientist who has training and experience
in ground water hydrology and related fields that enable that individual to make sound
professional judgments regarding the identification of sensitive features.
Attachment number 2 \nPage 1 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 2.
“Georgetown salamander” means a member of the species Eurycea naufragia.
“Licensed professional geoscientistProfessional Geoscientist” means a geoscientist who
maintains a current license through the Texas Board of Professional Geoscientists in accordance
with its requirements for professional practice.
“Occupied Site” means Garey Ranch Springs, Hog Hollow II Spring and any
Springspring identified in one of the proposed critical habitat units proposed by the United States
Fish and Wildlife Service on August 22, 2012 for the Georgetown Salamander. The locations of
the Occupied Sites, including the Garey Ranch Spring site and the Hog Hollow II Spring site, are
as shown on Exhibit A, attached hereto and incorporated herein.
“Recharge Zone” means that portion of the City and its ETJ that overlays the Edwards
Aquifer recharge zoneRecharge Zone as defined in Title 30, Texas Administrative Code § 213.3,
as may be amended.
“Regulated Activity” shall have that meaning ascribed to it by Title 30, Texas
Administrative Code § 213.3(28), as may be amended.
“Spring” means any natural setting or location where ground water flows to the surface of
the earth from underground frequently enough to support spring associated vegetation such as
ferns, watercress and Texas sedge.
“Stream” means a flow of surface waterswater sufficient to produce a defined channel or
bed. A defined channel or bed is an area that demonstrates clear evidence of the passage of water
and includes, but is not limited to, bedrock, channels, gravel beds, sand or silt beds and defined
channel swales. The channel or bed need not contain water year-round..
Section 3--Geologic Assessment
(1) No person may commence any regulated activityRegulated Activity within the
area described in Section 1 until the Geologic Assessment has been accepted by the
Development Engineer or his designee.
(2) The Geologic Assessment must contain all of that information required by Title
30, Texas Administrative Code § 213.5. Additionally, the Geologic Assessment must:
(a) Identify all Springs and/or Streams on a site or certify that no Springs or Streams
exist on the site;
(b) Describe any SpringsSpring and/or Stream on a site, including determining the
location of any Spring outlet or Stream;
Attachment number 2 \nPage 2 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 3.
(c) For Occupied Sites identified in Section 2, delineate the No-Disturbance Zone and
the Minimal-Disturbance Zone as described below.
(3) (d) All Red Zones, Orange Zones, and Spring Buffers, as described herein, shall be
shown on a Platsall plats, Site Plan and infrastructure construction plans.
Occupied Site Protection
The purpose of Sections 4 and 5 are to establish minimum requirements for development
in the Georgetowncorporate City Limitslimits or its extraterritorial jurisdictionETJ that is located
within the following defined zones: no-disturbance zone, (Red Zone) and minimal-disturbance
zone. (Orange Zone).
Section 4—No-Disturbance Zone (Red Zone)
(1) A no-disturbance zone is established, hereinafter referred to as the “Red Zone” in
the streamStream or waterway that the Spring drains directly into and shall extend 80 meters
upstream and downstream from the approximate center of the Spring outlet of an Occupied Site.
The Red Zone shall be bounded by the top of the Bank and shall not extend beyond any existing
physical obstructions that prevent the surface movement of Georgetown salamanders, such as
roadways, buildings, retaining walls, dams, and culverts.
(2) No regulated activitiesRegulated Activities may be conducted within the Red
Zone other than:
(a) Properly permitted maintenance of existing improvements;
(b) Scientific monitoring of water quality, population counts and related activities;
and
(c) Fences above the normal high- water elevationmark of a streamStream if such
fences comply with applicable floodplain regulations
Section 5 --Minimal-Disturbance Zone (Orange Zone)
(1) A minimal-disturbance zone, hereinafter referred to as the “Orange Zone,” is
established for the subsurface area that drains to the Spring or Springs at an Occupied Site.
Except as provided below, the Orange Zone shall consist of that area within 300 meters of the
approximate center of the Spring outlet of an Occupied Site, except those areas within the Red
Zone. The Orange Zone shall not include pre-existing development or areas without the potential
Attachment number 2 \nPage 3 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 4.
for containing Georgetown salamander habitat as determined by the Geologic Assessment based
on site specific, hydro-geologic conditions, for instance, where the Edwards Aquifer is absent.
(2) No regulated activitiesRegulated Activities may be conducted within the Orange
Zone other than:
(a) Activities permitted in the Red Zone;
(b) Wastewater infrastructure installed roughly parallel to a streamStream provided
that such infrastructure is installed on the side of the streamStream opposite the
occupied siteOccupied Site and is installed no closer than 25 feet from the Bank
of the streamStream;
(c) Subject to Stream Buffer limitations, below, parks and open space development
limited to trails, benches, trash cans and pet waste facilities; provided that trails
shall not be located within the ordinary high- water mark of a Stream and shall be
limited to trails for walking, jogging and non-motorized biking; and
(d) (d) In addition to (a), (b), and (c) above, within the City limits, only Single-
family, Detached (Residential Estate and Residential Low Density District)
residential use, as defined in the City of Georgetown’s Unified Development
Code, will be allowed. No construction of said dwelling units shall be conducted
within 80 meters of an Occupied Site. Within the ETJ, Title 30, Texas
Administrative Code § 285 (c) (1) requires a minimum lot size of one acre per
single family dwelling for properties within the Edwards Aquifer recharge Zone if
served by on-site sewage facilities. In addition to (a), (b) and (c) above, within the
City limits, only Residential Use (we will further define Residential Use to
comply with City ordinances) , as defined in the City of Georgetown’s Unified
Development Code; will be allowed provided that no construction shall be
conducted within 80 meters of an Occupied Site.Recharge Zone if served by on-
site sewage facilities. Developers are encouraged to avoid development within the
Orange Zone whenever possible.
Spring Buffer and Stream Buffer Protection
The purpose of Sections 6 and 7 are to establish minimum requirements for development
in the corporate City limits or its ETJ of non-Occupied Sites located within the Spring Buffers
and Stream Buffers as provided herein.
Section 6—Spring Buffer
Attachment number 2 \nPage 4 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 5.
(1) A Spring Buffer is established within 50 meters of the approximate center of a
Spring outlet of a non-Occupied Site in the Recharge Zone that is identified in a Geologic
Assessment accepted by the Development Engineer; provided that the Spring Buffer shall not
extend beyond the opposite Bank of the Stream or waterway that the Spring drains directly into
or beyond any existing physical obstructions such as roadways, buildings, retaining walls, dams,
and culverts. (Spring Buffer still under review). The Spring Buffer shall not include pre-existing
development or areas without the potential for containing Georgetown salamander habitat as
determined by the Geologic Assessment based on site specific, hydro-geologic conditions.
(2) No regulated activitiesRegulated Activities may be conducted within the Spring
Buffer except for the following and subject to the stated restrictions:
(a) Activities permitted in the Red Zone;
(b) Subject to Stream Buffer limitations, below, parks and open space development
limited to trails, benches, trash cans and pet waste facilities; provided that trails
shall not be located within the ordinary high- water mark of a stream and shall be
limited to trails for walking, jogging and non-motorized biking; and
(c) Wastewater infrastructure installed roughly parallel to a stream provided that such
infrastructure is installed on the side of the stream opposite the Occupied
SiteSpring and is installed no closer than 25 feet from the Bank of the
streamStream; provided that wastewater infrastructure shall not cross a
streamStream associated with a Spring within the Spring Buffer.
Section 7—Stream Buffer
(1) A Stream Buffer is established for all Streams in the Recharge Zone. in non-
Occupied Sites. The boundaries of the Stream Buffer are as follows:
(a) (a) For streamsStreams draining more than 64 acres and less than 320 acres,
the boundaries of the Stream Buffer coincide with the boundaries of the FEMA
1% floodplain or a calculated 1% floodplain, whichever is smaller. In the absence
of a FEMA floodplain and a calculated floodplain, the Stream Buffer under this
subsection (a) shall be a minimum of 200 feet wide with at least 75 feet from the
centerline of the stream. However, if a property owner only controls one side of a
Stream, then the minimum buffer shall be 100 feet.Stream.
(b) If a property owner only controls one side of a Stream, then the minimum
buffer shall be 100 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
Attachment number 2 \nPage 5 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 6.
(b) For streamsStreams draining more than 320 acres but less than 640 acres, the
boundaries of the Stream Buffer coincide with the boundaries of the FEMA 1%
floodplain or a calculated 1% floodplain, whichever is smaller. In the absence of
a FEMA floodplain and a calculated floodplain, the Stream Buffer under this
subsection (b) shall be a minimum of 300 feet wide with at least 100 feet from the
centerline of the stream. However, if a property owner only controls one side of a
Stream, then the minimum buffer shall be 150 feet.
(c) If a property owner only controls one side of a Stream, then the minimum
buffer shall be 150 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
(c) For streamsStreams draining 640 acres or more, the boundaries of the Stream
Buffer coincide with the boundaries of the FEMA 1% floodplain or a calculated
1% floodplain, whichever is smaller. In the absence of a FEMA floodplain and a
calculated floodplain, the Stream Buffer under this subsection (c) shall be a
minimum of 500 feet wide with at least 200 feet from the centerline of the stream.
However, if a property owner only controls one side of a Stream, then the
minimum buffer shall be 250 feet.
If a property owner only controls one side of a Stream, then the minimum buffer
shall be 250 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
(2) No regulated activitiesRegulated Activities may be conducted within the Stream
Buffer other than those activities permitted in the Red Zone and the construction of the following
improvements, subject to the stated restrictions (Regulated Activities for Stream Buffers within
Occupied Sites are found in Section 4(2), above) :
(a) Wastewater facilities, provided that wastewater utilities shall not be located below
the normal high- water elevation within the channel of a stream except at
crossings of a stream;
(b) Utilities Underground utilities other than wastewater facilities provided that such
underground utilities may only be installed at streamStream crossings, or at
intervals no closer than 400 feet apart;
(c) ParkParks and open space; provided that development limited to trails, benches,
trash cans, and pet waste facilities and dog parks are prohibited; provided that
Attachment number 2 \nPage 6 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 7.
trails shall not be located within the ordinary high water mark of a Stream Buffer.
Trails may only be constructed if the trail crosses the stream using a bridge and
shall be limited to trails for walking, jogging and non-motorized bikingwill be
allowed within Stream Buffers.
(d) Water quality or flood control systems, provided that measures are taken in the
construction of such water quality or flood control systems to minimize the
impact to the Stream Buffer;
(e) Public projects that enhance or recharge the Edwards Aquifer, provide flood
prevention, and similar capital improvements;
(f) Remediation of altered floodplain to its natural limits;
(g) Arterial, collector and local residential streets crossing a streamStream provided
that:
(i) A floodplain with a drainage area greater than 640 acres may only be
crossed by arterial streets;
(ii) A floodplain with a drainage area between 320 acres and 640 acres may
only be crossed by arterial and collector streets;
(iii) A floodplain with a drainage area up to 320 acres may be crossed by
arterial, collector, or local residential streets; and
(iv) A street required for a secondary access or as required by the currently
adopted fire code regulations is exempt from this subsection.
Water Quality Protection
Section 8—Water Quality Best Management Practices
For all regulated activitiesRegulated Activities within the recharge zoneRecharge Zone, the
following regulations apply:
(a) Permanent structural water quality controls for a project shall remove eighty-five
per cent (85%) of total suspended solids for the entire project and shall be
certified by a licensed professional engineer.
(b) No regulated activityRegulated Activity shall cause any increase in the developed
flow rate for the 2-year, 3-hour storm;
Attachment number 2 \nPage 7 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 8.
(c) All development projects, including, but not limited to, individual home sites,
shall implement temporary BMPs to minimize sediment runoff.
(d) New roadways or expansions to existing roadways that provide a capacity of
25,000 vehicles per day that are located on the Recharge Zone shall provide for
spill containment as described in the Optional Enhanced Measures of the Edwards
Aquifer Protection Program.
(e) All permanent BMPs with an overt physical presence shall have signage that
clearly identifies the purpose of the permanent BMP and the party responsible for
maintenance.
(f) Maintenance plans for permanent BMPs shall be recorded in the Official Records
of Williamson County.
Section 9—City Water Quality Management Plan
The City shall adopt a Water Quality Management Plan for all areas within the Recharge
Zone. Such management practices will include, but not be limited to, public education and
outreach, hazardous waste education, volunteer inlet marker program, creek clean-up efforts,
integrated pest management, illicit discharge detection and elimination, construction-site storm-
water runoff control, post-construction storm-water management, and pollution prevention for
municipal operations including City and County maintenance activities in the ETJ.
Section 10—Adaptive Management Working Group
(1) An Adaptive Management Working Group (AMWG) has been established by the
Williamson County Conservation Foundation (the “WCCF”) to review data on a regular basis
and make recommendations for specific changes in management directions. The City Manager
will appoint two City employees with appropriate technical expertise in the fields of planning
and development and system engineering as members to the AMWG,. The efforts of the AMWG
will be led by WCCF staff.
(2) The AMWG duties include, but are not limited to, development of an annual
report regarding the preservation of the Georgetown Salamander, continuous monitoring of the
Georgetown Salamander, assessment of research priorities, adaptive management of preservation
of the Georgetown Salamander and the effectiveness of achieving the above objectives.
(3) In addition to the above duties, the AMWG is authorized to hear and make
recommendations to the City Council regarding requests for variances from the terms of this
Ordinance pertaining to Occupied Sites.
Attachment number 2 \nPage 8 of 9
Item # D
Exhibit A Georgetown Water Quality Ordinance 9.
(a) The AMWG shall recommend variances from the terms of this Ordinance
pertaining to Occupied Sites, if the variance is not contrary to the objectives of
this Ordinance and, due to special conditions, a literal enforcement of this
Ordinance would result in unnecessary non-economic hardship to a property
owner, so long as the spirit of this Ordinance is observed.
(b) Additionally, the AMWG and the City shall make the following findings
regarding all variance requests:
(i) The granting of the variance will not be detrimental to the preservation of
the Georgetown Salamander.
(ii) The variance request is not granted as a result of the applicant’s own
actions.
(iii) The variance request is not granted because of economic or financial
hardships incurred by the applicant.
Attachment number 2 \nPage 9 of 9
Item # D
EXHIBIT A
Edwards Aquifer Recharge Zone Water Quality Ordinance
General
Section 1--Applicability
This Edwards Aquifer Recharge Zone Water Quality Ordinance (the “Ordinance”)
applies to all property within the corporate limits of the City and its extraterritorial jurisdiction
(ETJ), to the extent allowable under State law, that is also within the recharge zone of the
Edwards Aquifer, as that term is defined in Title 30, Texas Administrative Code § 213.3 and §
213.22. Whether property is within the recharge zone is determined by the most current official
map of the relevant zone located in the Texas Commission on Environmental Quality office for
Region 11.
Section 2--Definitions
The following words and phrases, when used in this Ordinance, shall have the meanings
respectively ascribed to them in this section, except when the context otherwise requires:
“Bank” of a stream means the ordinary high water mark of a stream, not the floodplain
boundaries, as determined by the appropriate authority.
“Best Management Practices (BMPs)”, for this Ordinance only, has that meaning
ascribed to it in Title 30, Texas Administrative Code § 213.3(5), as may be amended and as
further defined herein.
“Development Engineer” means a professional engineer licensed by the State of Texas
and designated to serve in the capacity of the Development Engineer for duties specified in the
City Code of Ordinances and Unified Development Code.
“Geologic Assessment” means a report prepared by a geologist pursuant to Title 30,
Texas Administrative Code § 213.5 and containing the additional information required by this
Ordinance.
“Geologist” means a licensed professional geoscientist who has training and experience
in ground water hydrology and related fields that enable that individual to make sound
professional judgments regarding the identification of sensitive features.
Attachment number 3 \nPage 1 of 8
Item # D
2.
“Georgetown salamander” means a member of the species Eurycea naufragia.
“Licensed Professional Geoscientist” means a geoscientist who maintains a current
license through the Texas Board of Professional Geoscientists in accordance with its
requirements for professional practice.
“Occupied Site” means Garey Ranch Springs, Hog Hollow II Spring and any spring
identified in one of the proposed critical habitat units proposed by the United States Fish and
Wildlife Service on August 22, 2012 for the Georgetown Salamander. The locations of the
Occupied Sites, including the Garey Ranch Spring site and the Hog Hollow II Spring site, are as
shown on Exhibit A, attached hereto and incorporated herein.
“Recharge Zone” means that portion of the City and its ETJ that overlays the Edwards
Aquifer Recharge Zone as defined in Title 30, Texas Administrative Code § 213.3, as may be
amended.
“Regulated Activity” shall have that meaning ascribed to it by Title 30, Texas
Administrative Code § 213.3(28), as may be amended.
“Spring” means any natural setting or location where ground water flows to the surface of
the earth from underground frequently enough to support spring associated vegetation such as
ferns, watercress and Texas sedge.
“Stream” means a flow of surface water sufficient to produce a defined channel or bed. A
defined channel or bed is an area that demonstrates clear evidence of the passage of water.
Section 3--Geologic Assessment
(1) No person may commence any Regulated Activity within the area described in
Section 1 until the Geologic Assessment has been accepted by the Development Engineer or his
designee.
(2) The Geologic Assessment must contain all of that information required by Title
30, Texas Administrative Code § 213.5. Additionally, the Geologic Assessment must:
(a) Identify all Springs and/or Streams on a site or certify that no Springs or Streams
exist on the site;
(b) Describe any Spring and/or Stream on a site, including determining the location
of any Spring outlet or Stream;
Attachment number 3 \nPage 2 of 8
Item # D
3.
(c) For Occupied Sites identified in Section 2, delineate the No-Disturbance Zone and
the Minimal-Disturbance Zone as described below.
(d) All Red Zones, Orange Zones, and Spring Buffers, as described herein, shall be
shown on all plats, Site Plan and infrastructure construction plans.
Occupied Site Protection
The purpose of Sections 4 and 5 are to establish minimum requirements for development
in the corporate City limits or its ETJ that is located within the following defined zones: no-
disturbance zone (Red Zone) and minimal-disturbance zone (Orange Zone).
Section 4—No-Disturbance Zone (Red Zone)
(1) A no-disturbance zone is established, hereinafter referred to as the “Red Zone” in
the Stream or waterway that the Spring drains directly into and shall extend 80 meters upstream
and downstream from the approximate center of the Spring outlet of an Occupied Site. The Red
Zone shall be bounded by the top of the Bank and shall not extend beyond any existing physical
obstructions that prevent the surface movement of Georgetown salamanders, such as roadways,
buildings, retaining walls, dams, and culverts.
(2) No Regulated Activities may be conducted within the Red Zone other than:
(a) Properly permitted maintenance of existing improvements;
(b) Scientific monitoring of water quality, population counts and related activities;
and
(c) Fences above the normal high water mark of a Stream if such fences comply with
applicable floodplain regulations
Section 5--Minimal-Disturbance Zone (Orange Zone)
(1) A minimal-disturbance zone, hereinafter referred to as the “Orange Zone,” is
established for the subsurface area that drains to the Spring or Springs at an Occupied Site.
Except as provided below, the Orange Zone shall consist of that area within 300 meters of the
approximate center of the Spring outlet of an Occupied Site, except those areas within the Red
Zone. The Orange Zone shall not include pre-existing development or areas without the potential
for containing Georgetown salamander habitat as determined by the Geologic Assessment based
on site specific, hydro-geologic conditions, for instance, where the Edwards Aquifer is absent.
Attachment number 3 \nPage 3 of 8
Item # D
4.
(2) No Regulated Activities may be conducted within the Orange Zone other than:
(a) Activities permitted in the Red Zone;
(b) Wastewater infrastructure installed roughly parallel to a Stream provided that
such infrastructure is installed on the side of the Stream opposite the Occupied
Site and is installed no closer than 25 feet from the Bank of the Stream;
(c) Subject to Stream Buffer limitations, below, parks and open space development
limited to trails, benches, trash cans and pet waste facilities; provided that trails
shall not be located within the ordinary high water mark of a Stream and shall be
limited to trails for walking, jogging and non-motorized biking; and
(d) In addition to (a), (b), and (c) above, within the City limits, only Single-family,
Detached (Residential Estate and Residential Low Density District) residential
use, as defined in the City of Georgetown’s Unified Development Code, will be
allowed. No construction of said dwelling units shall be conducted within 80
meters of an Occupied Site. Within the ETJ, Title 30, Texas Administrative Code
§ 285 (c) (1) requires a minimum lot size of one acre per single family dwelling
for properties within the Edwards Aquifer Recharge Zone if served by on-site
sewage facilities. Developers are encouraged to avoid development within the
Orange Zone whenever possible.
Spring Buffer and Stream Buffer Protection
The purpose of Sections 6 and 7 are to establish minimum requirements for development
in the corporate City limits or its ETJ of non-Occupied Sites located within the Spring Buffers
and Stream Buffers as provided herein.
Section 6—Spring Buffer
(1) A Spring Buffer is established within 50 meters of the approximate center of a
Spring outlet of a non-Occupied Site in the Recharge Zone that is identified in a Geologic
Assessment accepted by the Development Engineer. The Spring Buffer shall not include pre-
existing development or areas without the potential for containing Georgetown salamander
habitat as determined by the Geologic Assessment based on site specific, hydro-geologic
conditions.
(2) No Regulated Activities may be conducted within the Spring Buffer except for the
following and subject to the stated restrictions:
(a) Activities permitted in the Red Zone;
Attachment number 3 \nPage 4 of 8
Item # D
5.
(b) Subject to Stream Buffer limitations, below, parks and open space development
limited to trails, benches, trash cans and pet waste facilities; provided that trails
shall not be located within the ordinary high water mark of a stream and shall be
limited to trails for walking, jogging and non-motorized biking; and
(c) Wastewater infrastructure installed roughly parallel to a stream provided that such
infrastructure is installed on the side of the stream opposite the Spring and is
installed no closer than 25 feet from the Bank of the Stream; provided that
wastewater infrastructure shall not cross a Stream associated with a Spring within
the Spring Buffer.
Section 7—Stream Buffer
(1) A Stream Buffer is established for all Streams in the Recharge Zone in non-
Occupied Sites. The boundaries of the Stream Buffer are as follows:
(a) For Streams draining more than 64 acres and less than 320 acres, the boundaries
of the Stream Buffer coincide with the boundaries of the FEMA 1% floodplain or
a calculated 1% floodplain, whichever is smaller. In the absence of a FEMA
floodplain and a calculated floodplain, the Stream Buffer under this subsection (a)
shall be a minimum of 200 feet wide with at least 75 feet from the centerline of
the Stream.
If a property owner only controls one side of a Stream, then the minimum buffer
shall be 100 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
(b) For Streams draining more than 320 acres but less than 640 acres, the boundaries
of the Stream Buffer coincide with the boundaries of the FEMA 1% floodplain or
a calculated 1% floodplain, whichever is smaller. In the absence of a FEMA
floodplain and a calculated floodplain, the Stream Buffer under this subsection (b)
shall be a minimum of 300 feet wide with at least 100 feet from the centerline of
the stream.
If a property owner only controls one side of a Stream, then the minimum buffer
shall be 150 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
(c) For Streams draining 640 acres or more, the boundaries of the Stream Buffer
coincide with the boundaries of the FEMA 1% floodplain or a calculated 1%
floodplain, whichever is smaller. In the absence of a FEMA floodplain and a
Attachment number 3 \nPage 5 of 8
Item # D
6.
calculated floodplain, the Stream Buffer under this subsection (c) shall be a
minimum of 500 feet wide with at least 200 feet from the centerline of the stream.
If a property owner only controls one side of a Stream, then the minimum buffer
shall be 250 feet from the centerline of a Stream, or along the FEMA 1%
floodplain or a calculated 1% floodplain, if available.
(2) No Regulated Activities may be conducted within the Stream Buffer other than
those activities permitted in the Red Zone and the construction of the following improvements,
subject to the stated restrictions (Regulated Activities for Stream Buffers within Occupied Sites
are found in Section 4(2), above) :
(a) Wastewater facilities, provided that wastewater utilities shall not be located below
the normal high water elevation within the channel of a stream except at crossings
of a stream;
(b) Underground utilities other than wastewater facilities provided that such
underground utilities may only be installed at Stream crossings, or at intervals no
closer than 400 feet apart;
(c) Parks and open space development limited to trails, benches, trash cans and pet
waste facilities; provided that trails shall not be located within the ordinary high
water mark of a Stream and shall be limited to trails for walking, jogging and non-
motorized will be allowed within Stream Buffers.
(d) Water quality or flood control systems, provided that measures are taken in the
construction of such water quality or flood control systems to minimize the
impact to the Stream Buffer;
(e) Public projects that enhance or recharge the Edwards Aquifer, provide flood
prevention, and similar capital improvements;
(f) Remediation of altered floodplain to its natural limits;
(g) Arterial, collector and local residential streets crossing a Stream provided that:
(i) A floodplain with a drainage area greater than 640 acres may only be
crossed by arterial streets;
(ii) A floodplain with a drainage area between 320 acres and 640 acres may
only be crossed by arterial and collector streets;
Attachment number 3 \nPage 6 of 8
Item # D
7.
(iii) A floodplain with a drainage area up to 320 acres may be crossed by
arterial, collector, or local residential streets; and
(iv) A street required for a secondary access or as required by the currently
adopted fire code regulations is exempt from this subsection.
Water Quality Protection
Section 8—Water Quality Best Management Practices
For all Regulated Activities within the Recharge Zone, the following regulations apply:
(a) Permanent structural water quality controls for a project shall remove eighty-five
per cent (85%) of total suspended solids for the entire project and shall be
certified by a licensed professional engineer.
(b) No Regulated Activity shall cause any increase in the developed flow rate for the
2-year, 3-hour storm;
(c) All development projects, including, but not limited to, individual home sites,
shall implement temporary BMPs to minimize sediment runoff.
(d) New roadways or expansions to existing roadways that provide a capacity of
25,000 vehicles per day that are located on the Recharge Zone shall provide for
spill containment as described in the Optional Enhanced Measures of the Edwards
Aquifer Protection Program.
(e) All permanent BMPs with an overt physical presence shall have signage that
clearly identifies the purpose of the permanent BMP and the party responsible for
maintenance.
(f) Maintenance plans for permanent BMPs shall be recorded in the Official Records
of Williamson County.
Section 9—City Water Quality Management Plan
The City shall adopt a Water Quality Management Plan for all areas within the Recharge
Zone. Such management practices will include, but not be limited to, public education and
outreach, hazardous waste education, integrated pest management, illicit discharge detection and
elimination, construction-site storm-water runoff control, post-construction storm-water
management, and pollution prevention for municipal operations including City and County
maintenance activities in the ETJ.
Attachment number 3 \nPage 7 of 8
Item # D
8.
Section 10—Adaptive Management Working Group
(1) An Adaptive Management Working Group (AMWG) has been established by the
Williamson County Conservation Foundation (the “WCCF”) to review data on a regular basis
and make recommendations for specific changes in management directions. The City Manager
will appoint two City employees with appropriate technical expertise in the fields of planning
and development and system engineering as members to the AMWG. The efforts of the AMWG
will be led by WCCF staff.
(2) The AMWG duties include, but are not limited to, development of an annual
report regarding the preservation of the Georgetown Salamander, continuous monitoring of the
Georgetown Salamander, assessment of research priorities, adaptive management of preservation
of the Georgetown Salamander and the effectiveness of achieving the above objectives.
(3) In addition to the above duties, the AMWG is authorized to hear and make
recommendations to the City Council regarding requests for variances from the terms of this
Ordinance pertaining to Occupied Sites.
(a) The AMWG shall recommend variances from the terms of this Ordinance
pertaining to Occupied Sites, if the variance is not contrary to the objectives of
this Ordinance and, due to special conditions, a literal enforcement of this
Ordinance would result in unnecessary non-economic hardship to a property
owner, so long as the spirit of this Ordinance is observed.
(b) Additionally, the AMWG and the City shall make the following findings
regarding all variance requests:
(i) The granting of the variance will not be detrimental to the preservation of
the Georgetown Salamander.
(ii) The variance request is not granted as a result of the applicant’s own
actions.
(iii) The variance request is not granted because of economic or financial
hardships incurred by the applicant.
Attachment number 3 \nPage 8 of 8
Item # D
Attachment number 4 \nPage 1 of 1
Item # D
Attachment number 5 \nPage 1 of 1
Item # D
Text
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UNIT: 01NAME: Cobb Well
UNIT: 05NAME: Twin Spring
UNIT: 01NAME: Cobb Springs
UNIT: 03NAME: Bat Well CaveUNIT: 04NAME: Walnut Spring
UNIT: 13NAME: Shadow Canyon
UNIT: 09NAME: Water Tank Cave
UNIT: 12NAME: Swinbank Spring
UNIT: 14NAME: San Gabriel Spring
UNIT: 06NAME: Hogg Hollow Spring
UNIT: 02NAME: Cowen Creek Spring
UNIT: 07NAME: Cedar Hollow Spring UNIT: 11NAME: Buford Hollow Springs
UNIT: 10NAME: Avant's (Capitol Aggregates)
UNIT: 08NAME: Knight (Crockett Garden) Spr
UNIT: 08NAME: Cedar Breaks Hiking Trail Spr
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Data Source:Future Land Use - City of Georgetown TXOfficial Thoroughfare Plan - City of GeorgetownCity Limits - City of GeorgetownETJ - City of GeorgetownProposed Critical Habitat for the Georgetown Salamander - USFWS (Except Garey Ranch Springs)
Map Disclaimer:
This data is for general planning purposes only.The basemap conforms to National Map AccuracyStandards in unobstructed areas. Williamson County makes no warranty, representation or guarantee asto the content, sequence, accuracy, timeliness or completeness of any of the database information or spatial locations depicted. Furthermore, all warrantieson merchantability and fitness for a particular purpose are hereby disclaimed. In no event shall Williamson County be liable to the recipient or any other party fordamages of any type, including but not limited to incidental, consequential or exemplary damages arising out of the useor inability to use these materials.
Legend
Proposed Critical Habitat for the Georgetown Salamander
Proposed Critical Habitat for the Georgetown Salamander
Railroad
Existing Collector
Existing Freeway
Existing Major Arterial
Existing Minor Arterial
Existing Ramp Frontage
Proposed Collector
Proposed Freeway
Proposed Major Arterial
Proposed Minor Arterial
\\Proposed Rail
Incorporated City
Extra-Territorial Jurisdiction
Future Land Use
Institutional
Regional Commercial
Community Commercial
Ag / Rural Residential
Employment Center
HIgh Density Residential
Low Density Residential
Mining
Mixed Use Community
Mixed Use Neighborhood Center
Moderate Density Residential
Open Space
Specialty Mixed Use Area
City of GeorgetownFuture Land Use
Coordinate System:Texas State Plane/Central Zone/NAD 83/Feet
Map Date: 11/25/2013
Data Source:Future Land Use - City of Georgetown TXOfficial Thoroughfare Plan - City of GeorgetownCity Limits - City of GeorgetownETJ - City of GeorgetownProposed Critical Habitat for the Georgetown Salamander - USFWS (Except Garey Ranch Springs)
E
0 4,800Feet
Garey Ranch Springs!!!
Attachment number 6 \nPage 1 of 1
Item # D
City of Georgetown, Texas
December 20, 2013
SUBJECT:
Second Reading of an Ordinance establishing the classifications and number of positions (Strength of
Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the
Texas Local Government Code pertaining to Civil Service -- John Sullivan, Fire Chief (action required)
ITEM SUMMARY:
Chapter 143 of the Texas Local Government Code, Section 143.021, requires that the governing body of a
municipality shall establish classifications and numbers of positions by ordinance.
The change from last year to this year is attributed to the re-organization of the fire department pursuant to
the recommendations of the Fire Department Master Study and the organizational strategic plan. The change
will allow the organization to improve accountability and create the essential framework for the provision of
municipal emergency services. A specific focus will be on the Emergency Medical Services, Emergency
Management and Fire & Life Safety Services (Inspections, Pre-plan, Public Education, etc.).
FINANCIAL IMPACT:
Positions have been budgeted within the current fiscal year. Future costs will correspond to approved
compensation schedule
SUBMITTED BY:
John Sullivan, Fire Chief
ATTACHMENTS:
Strength of Force Ordinance
Cover Memo
Item # E
Ordinance Number: Page 1 of 2
Description: Strength of Force Ordinance
Date Approved:
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS RELATING TO THE CLASSIFICATIONS
AND NUMBER OF POSITIONS FOR ALL CITY OF GEORGETOWN
FIRE FIGHTERS AND POLICE OFFICERS PURSUANT TO CHAPTER
143 OF THE TEXAS LOCAL GOVERNMENT CODE PERTAINING TO
CIVIL SERVICE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; PROVIDING A
SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE
MEETINGS AT WHICH THE ORDINANCE IS PASSED ARE OPEN TO
THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the citizens of the City of Georgetown, Texas have adopted the civil service system
for its fire and police departments; and
WHEREAS, civil service is governed under Chapter 143 of the Texas Local Government Code;
and
WHEREAS, Local Government Code, Section 143.021, requires that the governing body of a
municipality shall establish classifications and numbers of positions by ordinance.
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun in
compliance with the City Charter of the City of Georgetown.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The classification plans for classified positions in the Fire and Police
Departments shall be as follows:
PART ONE – FIRE DEPARTMENT
The following classifications of firefighters in the Fire Department shall exist effective on and
after the dates set forth herein under the provisions of Chapter 143 of the Texas Local
Government Code. These classifications and no others shall exist effective on and after the dates
set forth herein with the number shown indicating the number of positions in each classification.
Number in
Classification Classification
Assistant Chief 2
Fire Battalion Chief/Fire Marshal/EMC and EMS 5
Fire Captain/Deputy Fire Marshal/Training/Logistics 9
Fire Lieutenant/Fire Inspector 17
Fire Driver 21
Firefighter 36
Total 90
One (1) Assistant Fire Chief is appointed by the head of the department, and serves at the
pleasure of the Department Head, in accordance with Local Government Code, Section 143.014.
Attachment number 1 \nPage 1 of 2
Item # E
Ordinance Number: Page 2 of 2
Description: Strength of Force Ordinance
Date Approved:
PART TWO – POLICE DEPARTMENT
The following classifications of officers in the Police Department shall exist effective on and after
the dates set forth herein under the provisions of Chapter 143 of the Texas Local Government
Code. These classifications and no others shall exist effective on and after the dates set forth
herein with the number shown indicating the number of positions in each classification.
Number in
Classification Classification
Assistant Chief of Police 1
Police Captain 2
Police Lieutenant 9
Police Sergeant 13
Police Officer / Detective 50
Total 75
The one (1) Assistant Police Chief is appointed by the head of the department, and serves at the
pleasure of the Department Head, in accordance with Local Government Code, Section 143.014.
SECTION 2. All positions, other than the position immediately below the Department Head,
shall be filled pursuant to the provisions of Local Government Code, Chapter 143, and eligibility lists
applicable to the position.
SECTION 3. That it is hereby found and determined that the meetings at which this ordinance
was passed were open to the public, as required by Section 551, Texas Government Code, and that
advance public notice of the time, place and purpose of said meetings was given.
SECTION 4. Should any section, paragraph, sentence, clause, phrase or word of this ordinance
be declared unconstitutional or invalid for any purpose by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby and to this end the provisions of this Ordinance are
declared to be severable.
SECTION 5. This Ordinance shall become effective immediately after its second and final
reading.
PASSED AND APPROVED on First Reading on the ____ day of __________, 2013 at a regular
meeting of the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on Second Reading on the ____ day of __________, 201__ at a
regular meeting of the City Council of the City of Georgetown, Texas.
ATTEST: CITY OF GEORGETOWN
By:
Jessica Brettle, City Secretary George Garver, Mayor
APPROVED AS TO FORM:
Bridget Chapman
City Attorney
Attachment number 1 \nPage 2 of 2
Item # E
City of Georgetown, Texas
December 20, 2013
SUBJECT:
Consideration and possible action to approve a Memorandum of Understanding with Georgetown
Independent School District for a one (1) year Fire-Fighter Pilot Program in collaboration with the
Georgetown Fire Department -- John Sullivan, Fire Chief
ITEM SUMMARY:
Provisions of this Memorandum of Understanding (MOU) apply to the Georgetown Independent School
District (GISD) and the Georgetown Fire Department (GFD). The primary intent of this agreement is to
document the collaborative relationship associated with a pilot instructional program. Moreover, the scope is
to engage GFD as an instructional partner that develops the skills of GISD students interested in the
emergency services profession.
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
ATTACHMENTS:
MOU with GISD- Pilot Program
Cover Memo
Item # F
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Item # F
Attachment number 1 \nPage 2 of 3
Item # F
Attachment number 1 \nPage 3 of 3
Item # F