HomeMy WebLinkAboutAgenda CC 01.12.2009 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JANUARY 12, 2009
The Georgetown City Council will meet on JANUARY 12, 2009 at 4:00 P.M. at the Council Chamber at 101
E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Workshop Presentation on Comprehensive Planning and Local Government Decision Making --
Elizabeth Cook, Director, Planning and Development and Edward G. Polasek, AICP, Principal Planner
B Workshop presentation on City of Georgetown Purchasing Policies -- Marsha Iwers, Purchasing
Manager and Micki Rundell, Director of Finance and Administration
C Discussion and possible direction concerning an Interlocal Agreement with Williamson County for the
Expansion of Williams Drive from DB Wood Drive to FM 3405 and for the maintenance of Williams
Drive from the west ROW line of IH-35 Southbound Frontage Road to FM 3405 -- Jim Briggs, Assistant
City Manager for Utility Operations and Micki Rundell, Director of Finance and Administration
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
D Sec.551.071: Consultation with Attorney
1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney
has a duty to advise the City Council, including this week's agenda items
2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court
for the Western District of Texas, Austin Division
3. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United States
District Court for the Western District of Texas Austin Division
4. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd
Judicial District, Travis County, Texas
5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the
"Development Agreement with Forestville Associates, a Maryland General Partnership, regarding
development of Wolf Ranch" dated September 11, 2003
6. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of
Williamson County, 277th Judicial District
E Sec 551.072: Deliberation about Real Property
1. Consideration and possible action concerning the acquisition of a 1.372-acre tract, a 1.396-acre tract, a
0.251-acre tract and a 0.448-acre tract of land for a 30' permanent wastewater utility easement and a 50'
temporary construction easement adjacent thereto, from Southwestern University in connection with the
SG3-A Wastewater Line Project -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri
Glasby Calhoun, GUS
F Sec.551.074 Personnel Matters
1. Discussion and possible action related to the duties and performance criteria of the City Manager
G Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body
has received from a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City
Council seeks to have locate, stay or expand in or near the territory of the City and with which the City
Council is conducting economic development negotiations - Possible biotech project - old Fire Station
Number 1
Adjournment
Certificate of Posting
I, Sandra Lee, 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 _________________, 2009, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Sandra Lee, City Secretary
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Workshop Presentation on Comprehensive Planning and Local Government Decision Making -- Elizabeth
Cook, Director, Planning and Development and Edward G. Polasek, AICP, Principal Planner
ITEM SUMMARY:
Staff will provide a brief presentation to discuss planning, and how it affects local government
decision making and policy development.
FINANCIAL IMPACT:
SUBMITTED BY:
Edward G. Polasek, AICP
Cover Memo
Item # A
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Workshop presentation on City of Georgetown Purchasing Policies -- Marsha Iwers, Purchasing
Manager and Micki Rundell, Director of Finance and Administration
ITEM SUMMARY:
Presentation of the City of Georgetown Purchasing Policies and Procedures. This will include the Change
Order Policy and Procedures and a review of the change order forms.
FINANCIAL IMPACT:
SUBMITTED BY:
Micki Rundell
ATTACHMENTS:
Purchasing Policies and Procedures
Change Order Procedures
Presentation
Cover Memo
Item # B
Attachment number 1
Page 1 of 7
Item # B
Attachment number 1
Page 2 of 7
Item # B
Attachment number 1
Page 3 of 7
Item # B
Attachment number 1
Page 4 of 7
Item # B
Attachment number 1
Page 5 of 7
Item # B
Attachment number 1
Page 6 of 7
Item # B
Attachment number 1
Page 7 of 7
Item # B
Attachment number 2
Page 1 of 8
Item # B
Attachment number 2
Page 2 of 8
Item # B
Attachment number 2
Page 3 of 8
Item # B
Attachment number 2
Page 4 of 8
Item # B
Attachment number 2
Page 5 of 8
Item # B
Attachment number 2
Page 6 of 8
Item # B
Attachment number 2
Page 7 of 8
Item # B
Attachment number 2
Page 8 of 8
Item # B
Attachment number 3
Page 1 of 12
Item # B
Attachment number 3
Page 2 of 12
Item # B
Attachment number 3
Page 3 of 12
Item # B
Attachment number 3
Page 4 of 12
Item # B
Attachment number 3
Page 5 of 12
Item # B
Attachment number 3
Page 6 of 12
Item # B
Attachment number 3
Page 7 of 12
Item # B
Attachment number 3
Page 8 of 12
Item # B
Attachment number 3
Page 9 of 12
Item # B
Attachment number 3
Page 10 of 12
Item # B
Attachment number 3
Page 11 of 12
Item # B
Attachment number 3
Page 12 of 12
Item # B
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Discussion and possible direction concerning an Interlocal Agreement with Williamson County for the
Expansion of Williams Drive from DB Wood Drive to FM 3405 and for the maintenance of Williams Drive
from the west ROW line of IH-35 Southbound Frontage Road to FM 3405 -- Jim Briggs, Assistant City
Manager for Utility Operations and Micki Rundell, Director of Finance and Administration
ITEM SUMMARY:
The City of Georgetown and Williamson County mutually desire to construct improvements that widen and
expand a portion of Williams Drive from D.B. Wood Drive to FM 3405 and for the County to provide
maintenance of Williams Drive from the west ROW line of IH-35 Southbound Frontage Road to FM 3405
during construction. Williamson County has agreed to undertake the roadway project in cooperation of the
City.
The attached Interlocal Agreement (ILA) describes the details of the terms and funding of the work to
be accomplished. Upon signing by the City, the ILA will be forwarded to Williamson County for execution.
FINANCIAL IMPACT:
The repayment arrangement included in this agreement follows the Council approved repayment schedule.
(1). The County is requested a shorter, 3 year payout included as (2) in which case, there would be an
estimated difference in the impact to the tax rate of $0.0005.
1. Council approved repayment scheduled – April 2008
Finalized City Share: $5,134,766.86
1st Payment – 9/30/09 (1,500,000.00)
2nd Payment – 9/30/10 (1,500,000.00)
3rd Payment – 9/30/11 (1,800,000.00) (payments 3-5 would be a minimum of $1.8M)
4th Payment – 9/30/12 ( 334,766.86)
5th Payment – 9/30/13 N/A_____
Balance Due 0
2. Proposed 3- year payout with balloon payment in year
Finalized City Share: $5,134,766.86
1st Payment – 9/30/09 (1,500,000.00)
2nd Payment – 9/30/10 (1,500,000.00)
3rd Payment – 9/30/11 (2,134,766.86)
Balance Due 0
Cover Memo
Item # C
STAFF RECOMMENDATION:
Staff recommends approval of the Interlocal Agreement with Williamson County for the Re-
construction of Williams Drive.
SUBMITTED BY:
Jim Briggs and Micki Rundell
ATTACHMENTS:
WILCO ILA Wilms Dr Widening
Cover Memo
Item # C
1
Rev 1.8.2009
INTERLOCAL AGREEMENT REGARDING
EXPANSION OF WILLIAMS DRIVE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT EXPANSION OF RM 2338 (WILLIAMS
DRIVE) (“Agreement”) is entered into between Williamson County, a political subdivision of
the State of Texas (the “County”) and the City of Georgetown, a political subdivision of the
State of Texas (the “City”). In this Agreement, the City and the County are sometimes
individually referred to as “a Party” and collectively referred to as “the Parties”.
WHEREAS, the Texas Department of Transportation (“TxDOT”) has released its
jurisdiction over that portion of RM 2338 (Williams Drive), from the west rights-of-way line of
the Southbound Frontage Road of IH-35 to FM 3405 in Williamson County, Texas, to the
County hereinafter called “Williams Drive”; and
WHEREAS, the County and City mutually desire to conduct certain roadway
improvements to widen and expand a portion of Williams Drive, and the County has agreed to
undertake the roadway project in cooperation of the City; and
WHEREAS, the project includes the expansion and widening of Williams Drive from
DB Wood Drive to FM 3405 and maintenance of Williams Drive from the Southbound Frontage
Road of IH-35 to FM 3405, (the “Project”), and
WHEREAS, the County and City jointly applied for federal funds to assist with the
Project, and federal funds have been awarded to the Project per that certain Advance Funding
Agreement No.CSJ-2211-01-016 (Dist # 14; Code Chart 64 # 16000; RM 2338 W or FM 3405 to
Cedar Breaks Road) by and between the Texas Department of Transportation and City.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I. DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 “Agreement” means this Interlocal Agreement Regarding Expansion of
Williams Drive.
1.02 “AFA Agreement” means that certain Advance Funding Agreement
No.CSJ-2211-01-016 (Dist # 14; Code Chart 64 # 16000; RM 2338 W or FM 3405 to Cedar
Breaks Road) by and between the Texas Department of Transportation and City, a copy o
which is attached hereto as Exhibit D.
Attachment number 1
Page 1 of 10
Item # C
2
Rev 1.8.2009
1.03 “AFA Amount” means EIGHT MILLION EIGHT HUNDRED TWENTY
EIGHT THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($8,828,900).
1.04 “Bid Documents” means the plans and specifications, together with all
contract documents and bid instructions, relating to construction of the Project.
1.05 “City” means Georgetown, Texas.
1.06 “City Portion” means that portion of the Project from D.B. Wood Road
to Jim Hogg Road, which comprises approximately sixty-five percent (65%) of the Project.
1.07 “City’s Reimbursement Amount” means sixty-five percent (65%) of all
sums spent by the County for the Project, including relocation of utilities, less: (a) all costs
associated with the Chisholm Exceptions, as defined herein; and (b) sixty five percent (65%)
of the AFA Amount. This amount represents the City Portion of the Project.
1.08 “Effective Date” means the last date of execution of this Agreement by
the Parties; provided that all of the Parties must execute this Agreement for it to be effective.
1.09 “Exclusive Assignment” means the assignment to be granted by the
County and City within public right-of-way in the Project Area, in which no other parallel
subsurface utility improvements may be located, and in which any future relocation of the
Chisholm SUD waterline improvements caused by a conflict with any roadway
improvements shall be undertaken at the County’s expense, as more particularly described in
this Agreement.
1.10 “Exclusive Assignment Area” means that certain 5-foot wide corridor
within the Project Area and public right of way for Williams Drive in which Chisholm SUD
distribution line improvements will be located, as more particularly identified in Exhibit
“A”. The parties acknowledge and agree that the Exclusive Assignment Area may vary
within the northern right-of-way of the Project in order to avoid construction and other utility
conflicts.
1.11 “Final Acceptance” shall mean the written approval of a duly authorized
representative of the City accepting the Project as finally complete, including the final
payment to the Project Contractor for the Project.
1.12 “Project” means, collectively, the Roadway Improvements and the related
utility relocations, all as set forth in this Agreement.
1.13 “Project Area” means the area in which the Project will be undertaken, as
said Project Area is more particularly identified in Exhibit “B” attached hereto.
1.14 “Roadway Improvements” means the construction of the improvements to
Williams Drive/RM 2238 to be undertaken by the County within the Project Area, including
all utility relocations.
Attachment number 1
Page 2 of 10
Item # C
3
Rev 1.8.2009
1.15 “Party” or “Parties” means the City and/or the County, individually or
collectively, as applicable.
1.16 “Project Costs” shall mean hard construction costs for road and related
facilities, including utility relocation and all other reasonable and necessary costs related to
the construction of the Project. The total estimated Project Cost is approximately $17
million, as shown on the attached Exhibit E.
1.17 “Project Contractor” means the contractor(s) that enter into a contract
with the County for construction of the Project.
II. STATEMENT OF INTENT; PROJECT DESIGN
2.01 General. The purpose of this Agreement is to 1) provide for the widening
of Williams Drive and the assumption of operation and maintenance of portions of Williams
Drive from TxDOT by the County and the City; and 2) to provide for the reimbursement by
the City to the County for the City Portion of the Project.
2.02 Project Design. TxDOT has completed the design of the Project. All
right-of-way has been acquired by TxDOT. The Parties acknowledge that the Project shall
be constructed pursuant to TxDOT design standards. The Parties, however, retain the right to
upgrade road designs to enhance medians, including street lighting, sidewalks, urban
drainage and other related design elements agreed to by the Parties. The proposed TxDOT
design of the Project is a five lane major arterial with shoulders pursuant to plans prepared by
KBR Engineering dated _____________________.
III. PROJECT COMMITTEE
3.01 Composition of Project Committee. There is hereby created a Project
Committee to be composed of not less than two representatives appointed by each Party. The
following persons are hereby designated as the initial members of the Project Committee:
the Director of System Engineering and the Transportation Engineer on behalf of the City,
and Joe England and Richard Ridings on behalf of the County. Each Party can substitute its
representatives at any time.
3.02 Responsibility of Project Committee. The Project Committee shall
represent the individual and collective interests of the Parties with respect to the following
matters:
(i) The re-design of the Project, if necessary;
(ii) The review and approval of the Bid Documents;
(iii) The review of the bid tabulation and qualification of prospective contractors;
(iv) The periodic review of the status of construction of the Project;
Attachment number 1
Page 3 of 10
Item # C
4
Rev 1.8.2009
(v) The review and recommendation of approval of change orders relating to the
construction of the Project;
(vi) The review and recommendation of approval of invoices for payment related to the
Project;
(vii) The confirmation of final completion of construction of the Project; and
(viii) Any other pertinent matters relating to the construction or operation of the Project.
The Project Committee shall meet at regular intervals to review the matters over which it has
authority. The Project Committee shall be diligent, prompt and timely in reviewing and acting
on matters submitted to it.
IV. CONSTRUCTION OF PROJECT
4.01 Compliance with AFA Agreement. County represents and warrants to
the City that it has received a copy of the AFA Agreement attached hereto as Exhibit D.
County further represents and warrants that it will comply with the terms of the AFA
Agreement as if it were the “Local Government,” and that it shall not take any action or fail
to take any action that would cause the AFA Amount not to be received in full.
4.02 General. The Parties mutually acknowledge and agree that the County
shall construct the Project, including the relocation of utilities.
4.03 Bid Award.
(a) All construction contracts for the Project have been competitively bid and shall be
awarded by the County in the manner provided by State laws and in accordance with this
Section.
(a) The bid tabulation and related information for the construction of the Project shall
be submitted to the Project Committee for review and consideration. The County shall consider
the advice and recommendations of the Project Committee, but the decision as to the acceptance
of any bid shall be within the sole discretion of the County, provided that, the County shall not
accept the bid of a contractor, or allow the contractor to use a subcontractor, that is not on the
current TxDOT Bid List.
(b) The County shall furnish the bid tabulation and recommendation of award to the
City not less than 10 days prior to awarding a contract for construction of the Project. The
County shall also specify the date on which the County shall determine the award of the contract.
Attachment number 1
Page 4 of 10
Item # C
5
Rev 1.8.2009
4.04 Construction of Project Improvements.
(a) General. The County shall be responsible for constructing, or causing to be
constructed, the Project, including, without limitation, the relocation of utilities, and acquiring all
related easements, equipment, materials and supplies.
(a) Chisholm SUD Waterline Relocation Costs.
(i) The County and Chisholm SUD have entered into that certain
Interlocal Agreement regarding the relocation of existing waterlines abutting Williams
Dive (Chisholm Agreement), a copy of which is attached hereto as Exhibit “C.” The
Chisholm Agreement dictates certain obligations of the County which shall be assumed
by the City after the City assumes operation and maintenance of its portion of Williams
Drive. The City specifically agrees to honor the Exclusive Assignment within the
Exclusive Assignment Area, as described herein, and more fully described in Exhibit
“B” of the Chisholm Agreement.
(ii) All of the terms and conditions of the Chisholm Agreement shall
be fully performed by the County prior to the City’s assumption of maintenance and
operation of the City Portion.
(b) Inspection.
(i) The County shall retain a full-time construction inspector to
inspect construction of the Project. The County shall notify the Project Committee of
any construction defects relating to the Project coming to its attention as soon as
practicable and in no event later than five (5) working days after obtaining knowledge
of the defect. The City may elect to have its employees or staff inspect or observe
construction of the Project from time to time.
(ii) The City’s representatives shall have a reasonable right to access
and inspect the Project as construction progresses, and the County shall not interfere
with such access or inspection by the City or its designated representative(s).
(c) Change Orders. During construction, any change orders related to the Project
shall be subject to review and comment by the Project Committee and the City. The City shall
review any change orders and provide written comments specifically identifying any concerns
with the changes within 10 working days of receipt. If the City fails to either approve the
submittal or provide written comments specifically identifying the required changes within 14
working days, the change order in question will be deemed approved. If the City disapproves a
change order, the Parties shall confer and attempt to resolve the dispute. If the dispute remains
unresolved, the County reserves the right to approve the change order.
(d) Insurance. The County shall require that all workers involved with the
installation and construction of the Project are covered by workers’ compensation insurance as
required by the laws of the State of Texas. The County shall also require that the contractors
procure and maintain comprehensive general liability insurance insuring against the risk of
bodily injury, property damage, and personal injury liability occurring from, or arising out of,
Attachment number 1
Page 5 of 10
Item # C
6
Rev 1.8.2009
construction of the Project, with such insurance in the amount of a combined single limit of
liability of at least $1,000,000 and a general aggregate limit of at least $5,000,000. Such
insurance coverage shall be maintained in force at least until the completion, inspection and
acceptance of the Project.
4.05 Payment of Project Costs.
(a) All construction contracts and other agreements relating to the construction of the
Project will contain provisions to the effect that the Project Contractor will look solely to the
County for payment of all sums coming due thereunder.
(a) The County shall pay all other construction costs relating to the Project, including
the costs of construction of the waterlines relocated for the Chisholm Trail S.U.D. Neither the
County nor the City shall be responsible for the costs of installing the “Betterment Line” as
defined in the Chisholm Agreement . In addition to the other reimbursements listed herein, the
City shall be responsible for the reimbursement to the County of costs related to the relocation of
the Chisholm waterlines as dictated in the Chisholm Agreement, with the exception of the
following: the Chisholm water line on the north side of Williams Drive from Penny Lane
running east to its terminus (Chisholm Exceptions).
(b) The County shall ensure that each invoice for payment from the Project
Contractor shall segregate costs and services related to the Chisholm Exceptions from costs and
services related to the remainder of the Project.
4.06 Acceptance.
(a) Upon completion of construction of the Project, the County shall obtain the
written approval of a duly authorized representative of the City prior to Final Acceptance and
final payment to the Project Contractor.
(a) Within 30 days after completion of construction and prior to final payment to the
engineers for the Project, the County will cause the Project engineers to provide to the City a
concurrence letter from the Project engineers certifying that the construction of the Project has
been completed in accordance with the approved plans, specifications and change orders,
inclusive of Record Drawings and rights-of-way documentation for the Project.
4.07 Warranties. The County agrees to cause the Project Contractor to repair
all defects in materials, equipment or workmanship appearing within one year from the date
of Final Acceptance of the Project and to assign any and all warranties, inclusive the the
Project Contractor’s bond obligations, to the City after the City assumes operation and
maintenance of the City Portion.
V. NEGOTIATION AND MEDIATION OF DISPUTES
5.01 Agreement Regarding Remedies. The Parties agree that their respective
obligations under this Agreement are unique and the failure by any Party to perform its
obligations under this Agreement would not be capable of being appropriately remedied by
award of damages to any other affected Party to this Agreement and in any event, such
Attachment number 1
Page 6 of 10
Item # C
7
Rev 1.8.2009
damages would be difficult, if not impossible, to determine because of the unique nature of
the Parties’ obligations to each other hereunder. Further, the Parties agree that the remedy of
termination of this Agreement by any Party is inappropriate and not in the public interest.
Therefore, the Parties agree that they shall be entitled, and limited, to the remedies of specific
performance, mandamus and injunction in the event of any breach of any obligation by any
Party under this Agreement. The Parties hereby waive any requirement that they be required
to provide any bond or other surety in order to obtain any of the agreed upon remedies.
Notwithstanding the foregoing, nothing in this Agreement shall be deemed to waive, modify
or amend any legal defense available at law or in equity to County or City, their past or
present officers, employees, or agents or employees, nor to create any legal rights or claim on
behalf of any third party. County and City do not waive, modify, or alter to any extent
whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas and of the United States.
5.02 Agreement to Mediate. If any dispute cannot be resolved through good
faith negotiation, then the Parties shall endeavor to resolve the dispute by mediation as
provided herein.
5.03 Presentation of Written Claim Regarding Disputes Not Resolved by
Negotiation. In the event that a dispute is not resolved as a result of such negotiations, either
party may at any time give formal written notice to the other of a “claim.” A “claim” as used
herein means a demand or assertion by one of the Parties (the “claimant”) seeking, as a
matter or right, adjustment or interpretation of contract terms, the payment of money, an
extension of time for performance or other relief with respect to the terms of this Agreement
or any other dispute or matter in question among the Parties arising out of or related to this
Agreement. Such notice shall be in writing. After such notice is given, the dispute
resolution procedure provided for below shall immediately enter into effect.
5.04 Performance during Mediation. The claimant shall continue with
performance under this Agreement pending mediation of the dispute.
5.05 Appointment of Mediator. Promptly following the making of a written
claim by any Party, the Parties will consult with one another to agree on the appointment of a
mediator acceptable to all Parties. The mediator shall have experience in matters of the kind
giving rise to the claim. If within five (5) business days the Parties are unable to agree on the
appointment of a mediator, then any Party may request the appointment of a mediator by the
Center for Public Policy Dispute Resolution at the University of Texas at Austin School of
Law. The Parties shall endeavor to secure such appointment from a District Judge of
Williamson County. The Parties agree to utilize the mediator appointed by the Judge unless
they ultimately reach agreement on an alternative selection.
VI. COUNTY PROJECT PAYMENT AND CITY REIMBURSEMENT
6.01 County Obligations. As stated herein, the County is obligated to provide
full funding for all costs associated with the Project, including all utility relocations, and shall
be solely responsible for all payments to the Project Contactor.
Attachment number 1
Page 7 of 10
Item # C
8
Rev 1.8.2009
6.02 City Obligations. Except for the Chisholm Exceptions, as stated herein,
the City shall be obligated to reimburse the County for that portion of the Project Cost for the
City’s Portion of the Project, but no more than the City’s Reimbursement Amount, with
approved Change Orders, in accordance with the terms and conditions of this Agreement,
and provided that County is not in default hereof.
6.03 Terms of City’s Reimbursement to County. The County shall deliver
copies of all invoices for the Project and evidence of the County’s payment thereof to the
City. Based on such documentation, the City shall be obligated to pay to the County the
City’s Reimbursement Amount as follows: the City shall pay to the County the following
sums on the following schedule:
(i) $____ Million on September 30, 2009; and
(ii) $____ Million on September 30, 2010; and
(iii) $____ Million on September 30, 2011; and
(iv) $____ Million on September 30, 2012; and
(v) Final installment on September 30, 2013 (this last installment may
be more or less than $____ Million depending on the actual costs of the Project).
6.04 County Operation and Maintenance Responsibilities. Williams Drive
is a Williamson County owned and maintained highway. The County has assumed operation
and maintenance of Williams Drive (roadway, traffic signals, drainage, etc.) from the western
right-of-way of the IH-35 South Bound Frontage Road to FM 3405 until Final Acceptance of
the Project by the City and the County.
6.05 City Operation and Maintenance Responsibilities. The City shall
assume operation and maintenance of Williams Drive from the western right-of-way of the
IH-35 Southbound Frontage Road to D.B. Wood Drive by October 31, 2009. The City shall
assume operation and maintenance of Williams Drive from D.B. Wood Drive to Jim Hogg
Road from the County upon Final Acceptance of the Project.
VII. MISCELLANEOUS PROVISIONS
7.01 Authority. This Agreement is made in part under the authority conferred
in Chapter 791, Texas Government Code.
7.02 Severability. The provisions of this Agreement are severable and, if any
provision of this Agreement is held to be invalid for any reason by a court or agency of
competent jurisdiction, the remainder of this Agreement will not be affected and this
Agreement will be construed as if the invalid portion had never been contained herein.
7.03 Assignment. Except as otherwise provided herein, the assignment of this
Agreement by any Party is prohibited without the prior written consent of the other Party.
Attachment number 1
Page 8 of 10
Item # C
9
Rev 1.8.2009
7.04 Cooperation. The Parties agree to cooperate at all times in good faith to
effectuate the purposes and intent of this Agreement.
7.05 Entire Agreement. This Agreement contains the entire agreement of the
Parties regarding the subject matter hereof and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, regarding the subject matter.
7.06 Amendments. Any amendment of this Agreement must be in writing and
will be effective if signed by the authorized representatives of the Parties.
7.07 Applicable Law; Venue. This Agreement will be construed in
accordance with Texas law. Venue for any action arising hereunder will be in Williamson
County, Texas.
7.08 Notices. Any notices given under this Agreement will be effective if (i)
forwarded to a Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or
(iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the
Party indicated below:
CITY: City Manager
City of Georgetown
113 E. 8th St.
Georgetown, Texas 78626
Telephone: (512) 930 - 3723
Facsimile: (512) 930 - 3622
COUNTY:
Attn:
Telephone:
Facsimile:
7.09 Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by reference:
Exhibit A - Exclusive Assignment Area
Exhibit B - Project Area
Exhibit C - “Interlocal Agreement Regarding Payment of Costs,” by and
between Williamson County, Texas, and Chisholm Trail Special
Utility District, dated _________________.
Exhibit D - Advance Funding Agreement No.CSJ-2211-01-016 (Dist # 14;
Code Chart 64 # 16000; RM 2338 W or FM 3405 to Cedar Breaks
Road) by and between the Texas Department of Transportation and
City of Georgetown
Exhibit E - Estimate of Project Costs as of January 6, 2009.
Attachment number 1
Page 9 of 10
Item # C
10
Rev 1.8.2009
7.10 Counterparts; Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which will be deemed an original, but all of
which will constitute the same instrument.
7.11 Authority. Each Party represents and warrants that it has the full right, power
and authority to execute this Agreement.
ATTEST: CITY OF GEORGETOWN, TEXAS:
By:
City Secretary Printed Name: George G. Garver
Title: Mayor
Date:
ATTEST: WILLIAMSON COUNTY:
By:
County Clerk Printed Name: Dan A. Gattis
Title: County Judge
Date:
Attachment number 1
Page 10 of 10
Item # C
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Sec.551.071: Consultation with Attorney
1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including this week's agenda items
2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for
the Western District of Texas, Austin Division
3. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United States
District Court for the Western District of Texas Austin Division
4. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial
District, Travis County, Texas
5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the
"Development Agreement with Forestville Associates, a Maryland General Partnership, regarding
development of Wolf Ranch" dated September 11, 2003
6. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson
County, 277th Judicial District
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # D
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Sec 551.072: Deliberation about Real Property
1. Consideration and possible action concerning the acquisition of a 1.372-acre tract, a 1.396-acre tract, a
0.251-acre tract and a 0.448-acre tract of land for a 30' permanent wastewater utility easement and a 50'
temporary construction easement adjacent thereto, from Southwestern University in connection with the
SG3-A Wastewater Line Project -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri
Glasby Calhoun, GUS
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # E
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Sec.551.074 Personnel Matters
1. Discussion and possible action related to the duties and performance criteria of the City Manager
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # F
City of Georgetown, Texas
January 12, 2009
SUBJECT:
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has
received from a business prospect that the City Council seeks to have locate, stay or expand in or near the
territory of the City and with which the City Council is conducting economic development negotiations; or to
deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have
locate, stay or expand in or near the territory of the City and with which the City Council is conducting
economic development negotiations - Possible biotech project - old Fire Station Number 1
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # G