HomeMy WebLinkAboutAgenda CC 07.22.2014 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JULY 22, 2014
The Georgetown City Council will meet on JULY 22, 2014 at 2:00 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
113 East 8th Street for additional information; TTY users route through Relay Texas at 711.
Policy Development/Review Workshop -
A Workshop follow-up discussion, and possible action regarding the 2014/15 City Manager's Proposed
Budget, continued from July 14 & 15, 2014 -- Paul Brandenburg, City Manager and Micki Rundell,
Chief Financial Officer
B Review/Discuss Georgetown Fire Department Medical Services Program -- John Sullivan, Fire Chief
C Staff presentation and overview of the Hillwood/Wolf Ranch residential development project,
including significant deal points included in the Development Agreement, the 552 Financing
Agreement, and the MUD Consent Agreement, related to development standards and obligations,
infrastructure construction commitments, and property tax financing -- Paul E. Brandenburg, City
Manager
D Interim Municipal Utility District (MUD) Policy Update -- Micki Rundell, Chief Financial Officer and
Andrew Spurgin, Planning Director
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.
E Section 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the
attorney has a duty to advise the City Council, including agenda items
- Dunlap
Section 551.072: Deliberation Regarding Real Property
- Deliberation concerning the purchase of right-of-way from Paul Douglas Ginnings and Susan Parker
Ginnings in connection with the FM 1460 (North Segment) Project. – Edward G. Polasek, AICP,
Transportation Director, and Terri Glasby Calhoun, Real Estate Services Coordinator
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the _____ day of _________________, 2014, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
July 22, 2014
SUBJECT:
Workshop follow-up discussion, and possible action regarding the 2014/15 City Manager's Proposed Budget,
continued from July 14 & 15, 2014 -- Paul Brandenburg, City Manager and Micki Rundell, Chief Financial
Officer
ITEM SUMMARY:
This is the follow up session to the Monday, July 14 & Tuesday, July 15 sessions on the proposed City
Manager's 2014/15 budget. The review and discussion will be continued as needed on items contained in the
proposed budget. Staff will then recap the previous meetings and outline next steps.
ATTACHMENTS:
None - Council workbooks were delivered on Tuesday, July 8, 2014.
FINANCIAL IMPACT:
To be determined
SUBMITTED BY:
Becky Huff
Cover Memo
Item # A
City of Georgetown, Texas
July 22, 2014
SUBJECT:
Review/Discuss Georgetown Fire Department Medical Services Program -- John Sullivan, Fire Chief
ITEM SUMMARY:
The Georgetown Fire Department currently operates as a First Responder Organization (FRO) that renders
medical care to nearly 80,000 residents within the City and extra-territorial jurisdiction (ETJ). Due to the
growing number of baby-boomers and retirees relocating to Georgetown, the demand for pre-hospital
medical services is expected to increase and will require a more efficient response model by the Fire
Department.
Currently, Georgetown Fire Department responds to all medical calls in a BRT (big red truck) and this is
often cited as being an “excessive” response for routine medical calls.
We are proposing the implementation of two (2) transitional response vehicles (TRV's) to allow for a more
cost-effective and efficient medical response. Moreover, these vehicles will be capable of transporting sick
and/or injured people to the hospital or alternate care facility.
The primary role of the TRV will be medical response, care, and transport. The secondary role will include
operational deployment at fire or other specialized emergency incidents. This will allow the fire department
to improve its ability to assemble an effective firefighting force (EFF) within 8-minutes. Currently, we are
only capable of providing the EFF within 8-min at approximately 39% of the fire incidents. Our goal is to
meet the national standard of 8-minutes at 90% of the fire incidents.
We have evaluated numerous fire-based EMS models and will provide a detailed review of the program in
this Council workshop.
FINANCIAL IMPACT:
ESTIMATED FINANCIAL IMPACT
Program is estimated to be cost-neutral within the first three (3) years of program operation. A conservative
financial modeling was utilized & includes an estimated seven (7) billable transports per day. Net program
revenue after the first 12-month cycle is estimated as follows: Medical Insurance: $1,503,000 Caring Hearts
Program: $65,000 Subsidized/Uncollectable: (-$467,855) Program expenses were forecasted as follows:
Personnel & ERE: $670,186 O&M: $148,564 TRV Debt Service: $65,418 Capital Equipment: $227,000
SUBMITTED BY:
John Sullivan, Fire Chief
Cover Memo
Item # B
City of Georgetown, Texas
July 22, 2014
SUBJECT:
Staff presentation and overview of the Hillwood/Wolf Ranch residential development project, including
significant deal points included in the Development Agreement, the 552 Financing Agreement, and the MUD
Consent Agreement, related to development standards and obligations, infrastructure construction
commitments, and property tax financing -- Paul E. Brandenburg, City Manager
ITEM SUMMARY:
This presentation will provide an overview of the Hillwood/Wolf Ranch residential development project.
Project Scope:
· 755.7 acres along the western edge Wolf Ranch Parkway to HW 29 and west of Wolf Ranch shopping
center along HW 29 past the future intersection of the future SW Bypass
o Includes 637 acres to be purchased by Hillwood and developed in Phase 1
o Includes 118 acres adjacent to Georgetown County Club will be developed in Phase 2
· 20.3 acres of commercial at the intersection of HW 29 and future SW Bypass
· 110 acre Wolf Lakes tract included for future mixed-use commercial development
· Proposes 1688 single family homes, 388 multifamily and 336 Age Targeted/Lifestyle Units
Key Elements:
· Annexation process currently underway
· Comprehensive Plan Amendment for changes in land use planned for August
· In-City Municipal Utility District (MUD) Consent Agreement planned for August
o 2 MUDs authorized
o Up to $80 million in MUD Bonds to be repaid by residents in the development
o Estimated MUD tax to be $0.51 per/$100
· Potential Public Improvement District (PID) to fund on-going maintenance or other amenities
· Regional trail expansion along the San Gabriel River south of Wolf Ranch shopping center
· City utility service to include Water, Sewer and Electric, where available
· Dedication of a Fire Station Site
· Reservation of an Elementary School Site
Financial Reimbursements by the City:
· Chapter 552 of the Water Code allows reimbursement for public infrastructure
o Includes major roads, sidewalks, trails and bridge over Middle Gabriel
· City reimbursing for certain infrastructure totaling $16.7M + carry = total reimbursement of $25 million
o Two Phases
o Funded with $0.15 property tax generated within the development
o Developer “pledging” Chapter 552 revenue to fund improvements through MUD
Cover Memo
Item # C
· City/MUD/Developer escrow funds to ensure completion of Phase 2 Chapter 552 improvements
Other City Commitments:
· City commits to commence construction of the extension of Wolf Ranch Parkway (aka “the jug handle”)
within 4 years (or reimburse the Developer if sooner)
· City commits to build the SW Bypass in the future
· City commits to extend the City's trail system consistent with the Trails Master Plan to connect with the
San Gabriel River Trail constructed by the Developer
· City commits to provide water supply requirements
· City commits to provide wastewater treatment requirements
Other Financial Items:
· Developer will pay:
o City impact fees
o Sewer Capital Recovery Fee of $1,500 per platted lot for future regional wastewater improvements
o All other fees paid through traditional development process
· Residents will pay:
o inside the City MUD water rate (to be determined)
o inside the City MUD wastewater rate (to be determined)
o City solid waste rates
o City electric rates
Financial Reimbursements by the City:
· Chapter 552 of the Water Code allows reimbursement for public infrastructure
o Includes major roads, sidewalks, trails and bridge over Middle Gabriel
· City reimbursing for certain infrastructure totaling $16.7M + carry = total reimbursement of $25 million
o Two Phases
o Funded with $0.15 property tax generated within the development
o Developer “pledging” Chapter 552 revenue to fund improvements through MUD
· City/MUD/Developer escrow funds to ensure completion of Phase 2 Chapter 552 improvements
Other City Commitments:
· City commits to commence construction of the extension of Wolf Ranch Parkway (aka “the jug handle”)
within 4 years (or reimburse the Developer if sooner)
· City commits to build the SW Bypass in the future
· City commits to extend the City's trail system consistent with the Trails Master Plan to connect with the
San Gabriel River Trail constructed by the Developer
· City commits to provide water supply requirements Cover Memo
Item # C
· City commits to provide wastewater treatment requirements
Other Financial Items:
· Developer will pay:
o City impact fees
o Sewer Capital Recovery Fee of $1,500 per platted lot for future regional wastewater improvements
o All other fees paid through traditional development process
· Residents will pay:
o inside the City MUD water rate (to be determined)
o inside the City MUD wastewater rate (to be determined)
o City solid waste rates
o City electric rates
FINANCIAL IMPACT:
See Above.
SUBMITTED BY:
Andrew Spurgin, Planning Director, Bridget Chapman, City Attorney and Micki Rundell, Chief Financial
Officer
ATTACHMENTS:
Hillwood Workshop Presentation Part 1
Hillwood Workshop Presentation Part 2
Hillwood Workshop Presentation Part 4
Hillwood Workshop Presentation Part 5
Hillwood Workshop Presentation Part 3
Cover Memo
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City of Georgetown, Texas
July 22, 2014
SUBJECT:
Interim Municipal Utility District (MUD) Policy Update -- Micki Rundell, Chief Financial Officer and
Andrew Spurgin, Planning Director
ITEM SUMMARY:
The purpose of this workshop item is to provide presentation and recommendations to City Council and elicit
feedback relative to the following 4 items:
1. Review the City's area of jurisdiction, growth predictions and role in shaping the direction of the 130
square mile area contained in the extraterritorial jurisdiction (ETJ);
2. Review existing MUD creation criteria codified in the UDC, describe experience with existing MUDs
and outline issues for Council discussion in this workshop;
3. Describe pending and expected MUD applications that have been or that are anticipated to be filed
with the City to provide context for the issues discussed in the workshop; and
4. Propose recommendations that would be codified to guide future administration of requested MUDs.
Action items will be docketed for Council at later meetings pursuant to any direction received in this
workshop. Such items may include:
1. Establishment of appropriate criteria for MUD requests;
2. Updated application submittal requirements and fees; and
3. A sector-based work program.
FINANCIAL IMPACT:
None, policy discussion only. Follow up items may have fiscal or resource impacts.
SUBMITTED BY:
Micki Rundell and Andrew Spurgin
ATTACHMENTS:
Memo & recommendations
2030 Plan's Ultimate Boundary
Cover Memo
Item # D
Attachment number 1 \nPage 1 of 1
Item # D
MEMORANDUM
Date: July 22, 2014
To: Mayor and City Council
Through: Paul E. Brandenburg, City Manager
From: Micki Rundell, Chief Financial Officer and Andrew Spurgin, Planning Director
Subject: Municipal Utility District (MUD) Issues
The purposes of this memo and workshop are as follows:
First, to provide background on the City’s area of jurisdiction, growth predictions and
City Council’s role in shaping this direction through extraterritorial jurisdiction (ETJ)
management.
Second, to provide a general overview of the City’s existing MUD creation policy (which
was originally adopted in 2006 and is codified in Chapter 13.10 of the Unified
Development Code (UDC)), describe existing MUDs in the City’s jurisdiction, and
briefly describe the issues that are the focus of this workshop.
Third, to describe currently pending and expected MUD applications that have been or
are anticipated to be filed with the City to provide context for discussion of the issues
addressed in this memo.
Finally, to propose adoption of specific recommendations that would be codified either
in amendments to Chapter 13.10 of the UDC or the Development Manual (as
appropriate).
Section I
BACKGROUND
The City of Georgetown currently has approximately 52 square miles of City Limits and 130
square miles of ETJ, cumulatively 182 square miles. The ETJ, by operation of law, is the area
intended for urbanization and ultimately annexation by the City and therefore must be planned
in a manner to allow for the future extension of city services in an efficient manner, for example
with water lines that will allow safe fire flows. The Georgetown 2030 Comprehensive Plan was
Attachment number 2 \nPage 1 of 21
Item # D
prepared to as a guidance tool as the City heads toward a forecasted population of 101,000
inside City Limits in anticipation of future annexations.
A September 24, 2013 City Council workshop included a population allocation exercise to
account for roughly 21,000 new residential units assuming existing development trends
yielding 5 single family dwelling units per acre and 24 multi‐family units per acre continue at
the existing 80:20 ratio, meaning roughly 3,520 acres of addition territory is necessary to annex
to the city limits. The Council was split into 2 workgroups to map out potential locations for
the new development, which in turn led to discussion among Council on the need for an
appropriate update to City annexation and MUD policies.
Alternatives to the need to house 50,000 additional population without annexation of 3,520
acres would be to allow more dense residential development, such as multifamily and/or allow
more “infill” development on vacant tracts abutting existing neighborhoods. Staff believes that
the strategies of increased density and infill alone are not viable alternatives to housing 50,000
additional residents when considered in the context of recent policy discussions with City
Council on the location and scale of multifamily and when considered with community
sentiments over recent proposals to establish “infill” development on tracts abutting existing
neighborhoods. The Planning Department will bring forward an updated Annexation Plan to
allow additional City Council consideration on the location and timing of future annexations
programs, at that time a formal updated MUD policy will be brought forward to better consider
disposition of the 130 square mile ETJ.
Section II
EXISTING UDC CHAPTER 13.10 AND EXISTING MUDS
A. CHAPTER 13.10 – Chapter 13.10 of the UDC, adopted in 2006, is entitled “Creation of
Special Districts” and has the following six sections:
Section 13.10.010 – Purpose and Intent
Section 13.10.020 – Definitions
Section 13.10.030 – Prerequisites to Consent to Creation of a District
Section 13.10.040 – Staff Analysis
Section 13.10.050 – Conditions to the City’s’ Consent to Creation of a District
Section 13.10.060 – City Operations Compensation Fee
A copy of Chapter 13.10 is attached to this memo as Attachment 1. The particular sections that
are the subject of this workshop are Sections 13.10.030, .040, and .050.
B. SECTION 13.10.030 “PREREQUISITES” – Section 13.10.030 of the UDC sets forth two
threshold issues for the City Council to evaluate prior to the creation of a MUD:
(1) whether the area proposed to be included in a MUD is in an area that the City
intends to annex (i.e., whether the area is within the City’s “”ultimate city limits
boundary” [shown with red line in map below]); and
Attachment number 2 \nPage 2 of 21
Item # D
(2) whether the City intends to provide water and wastewater services to the area
within 4 ½ years.
If the answer to both questions (1) and (2) is “no,” then the City Council may consider a
MUD creation petition for the area and can allow MUD formation where otherwise feasible,
practicable, necessary and a benefit to the land. If the answer to either question (1) or (2) is
“yes,” then the City Council is not to consent to creation of a MUD “unless the applicant
demonstrates unique factors that justify its creation.” If such “unique factors” are present,
then the City Council can either enter into a Consent Agreement with the applicant setting forth
the terms and conditions upon which the MUD can be created, or annex the area into the City
limits and provide services consistent with other areas of the City similarly situated.
Application of the two threshold criteria specified in Section 13.10.030 was intended at
the time of its adoption to discourage creation of MUDs unless the area proposed to be included
in the MUD is outside of or on the fringes of the City’s “ultimate annexation area,” and/or there
are “unique factors that justify its creation.” Nonetheless, since the adoption of Section
13.10.030, the City received several MUD creation petitions and has granted all of them.
The table below identifies the MUDs whose creation the City has consented to (or not
objected to, if created by the State Legislature) and briefly describes the Section 13.10.030 factors
as applied to those MUDS:
Attachment number 2 \nPage 3 of 21
Item # D
MUD Name Answer to
Question 1
Answer to
Question 2
Unique factors that justify [MUD] creation
3 B & J MUD No No (n/a – Removed from Georgetown ETJ and
jurisdiction in 2007 and legislatively created in
2007.)
MUD 15
(Tera Vista)
No ‐ prior
to adoption
of Ultimate
City Limit
Boundary
No Allowed for completion of Round Rock’s Terra
Vista subdivision; completion of off‐site utility
infrastructure including 18” water line on
Westinghouse Road, two lift stations and force
main to Master Plan size. Provided fire station site
and school site.
MUD 23
(Oaks at San
Gabriel)
No No Conservation subdivision standards; hike and
bike trails; public park improvements; pedestrian
bridges spanning the Middle San Gabriel;
enhanced landscaping, fencing, and roadway
standards; sewer main along western property
boundary constructed at no cost to the City;
expansion of the Cimarron Hills Wastewater
Treatment Plant to 450,000 gpd and provision of
land for new water quality pond.
MUD 25
(Water Oak)
Yes Yes Facilitated construction and financed 85% of
regional wastewater line west of IH‐35 and
extension to the west; facilitated construction of a
planned roadway and bridge connecting SH 29 to
Leander Road; designed with conservation
subdivision principles including 30% overall open
space and planned City parkland for South Fork
trail; civic uses include sites for 2 Fire Stations and
a school site; agreed to build master plan water
line connecting SH 29 and Leander.
MUD 26
(Cimarron
Hills)
Yes No Created to replace existing but inadequate PID.
Facilitated construction of non‐discharge
wastewater treatment plant to serve Cimarron
Hills and adjacent Oaks at San Gabriel.
However, as is discussed more below, questions have arisen as to whether these are the proper
threshold questions to MUD creation and if so, what “unique factors” might City Council
consider important enough to justify MUD creation even when the threshold analysis would
indicate otherwise.
C. SECTION 13.10.040 “STAFF ANALYSIS” – Section 13.10.040 requires the staff to conduct a
detailed utility, land use, traffic, and financial analysis of a MUD, but several of the current
applicants do not provide this information at all or do not provide it early enough in the process
to enable staff to conduct any meaningful review or to convey any detailed information to the
City Council about the proposed MUD. Some MUD applicants have even argued that they
cannot provide the submittal documents required by the UDC because they have no
development plan and are merely seeking the MUD as an entitlement and speculative tool.
Attachment number 2 \nPage 4 of 21
Item # D
D. SECTION 13.10.050 “CONDITIONS” – Section 13.10.050 describes the terms and conditions
that are to be included in a MUD consent agreement. This section is quite detailed on financial
matters, but is much less detailed on other issues.
Section III
EXISTING AND ANTICIPATED MUD APPLICATIONS
There has been a significant uptick in the number of applicants who have submitted or
expressed interest in submitting MUD creation petitions seeking the City’s consent to creation
of a MUD. Since the September 24, 2013 City Council workshop, staff has been approached by
developers of at least 15 different projects seeking to establish a MUD or expand existing MUDs
on to additional territory. These proposals have ranged in size from as small as 100 acres with
300 dwelling units to as large as 1,700 acres with 4,000 dwelling units and have differing
degrees of complexity related to infrastructure, desired amenities, and financial structure.
Based on feedback from discussion with City Council, staff will proceed with a work
program using a sector approach to allow balanced growth with no one direction of the City
receiving the bulk of resources. Three sectors are proposed: Southwest – which is west of
Interstate 35 and to the south of the North Fork of the San Gabriel River and Lake Georgetown;
Northwest – which is west of Interstate 35 and to the north of the North Fork and Lake
Georgetown; and East which is east of Interstate 35.
The tables below summarize the existing and anticipated MUD applications, and the
map below show the location of the various sectors:
Attachment number 2 \nPage 5 of 21
Item # D
Location Existing MUD Applications Anticipated MUD Applications
Southwest
Sector
Wolf Ranch (Hillwood)
Crescent Bluff & Chapman
3 new MUDs
Major amendments to 1 existing MUD
Expansion to 1 existing MUD
Northwest
Sector
Parmer Ranch 2 new MUDs
Eastern
Sector
Woodhull 2 new MUDs
Expansion to 1 existing MUD
Preliminary analysis of some of these applications indicates that, under the existing
MUD policy, MUD creation would not be approved in the absence of “unique factors that
justify [MUD] creation.” However, some of the applications for new MUDs are not clear on just
what “unique factors” might “justify [MUD] creation” under Section 13.10.030. Also, some
applicants have not provided information necessary for the staff to perform the analysis
required by section 13.10.040 to facilitate City review of the proposal, and some applicants have
resisted acceptance of the standard financing conditions in Section 13.10.050 that City Council
has expressed an interest in both seeing and understanding. Nonetheless, based on comments
made at the prior workshops on this topic and the continuing discussions between staff and
City Council on MUD‐related items, staff has not rejected or stopped processing any of the
MUD applications because staff has sensed that the current City Council it receptive to MUD
creation provided unique circumstances exist. If that is the case, applicants and the staff need
additional guidance and clarification so that the current and anticipated applications can be
processed in a fair and consistent manner.
Therefore, in light of the large number of MUD creation petitions that have been or are
anticipated to be filed seeking the City Council’s consent to creation of a MUD, this workshop
provides an opportunity for the City Council to revisit its existing MUD policy as codified in
Section 13.10 and determine whether it still accurately reflects the City’s MUD policy, and to
review the application administration procedures to determine whether it provides an adequate
framework for analyzing the petitions and the merits of each proposed district.
Section IV
RECOMMENDATIONS
Following up on the current context outlined above, and in light of the number of applications
currently pending, staff requests guidance on certain specific topics and suggests that the
existing policy be amended along the lines generally described below:
RECOMMENDATION 1: Retain the two threshold questions under Section 13.10.030.
o MUDs are an appropriate tool to allow urban level density neighborhoods in locations
supported by the 2030 Comprehensive Plan but that are outside of the ultimate city
boundary where the City may annex in the future and where the City cannot provide
water and wastewater service within 4 ½ years.
Attachment number 2 \nPage 6 of 21
Item # D
RECOMMENDATION 2: If the UDC criteria that limits eligible location for MUDs is not a
desireable policy, provide examples of “unique factors justifying [MUD] creation” to guide
determinations made under Section 13.10.030.
o Consistent with past Council actions, require the construction of specific regional
infrastructure improvements consistent with the City’s comprehensive plan and master
plans and that are beneficial to the City. Examples include:
The construction of the South San Gabriel Interceptor as part of the Water Oaks
agreements opened up the land in Georgetown’s southwest quadrant for
development well ahead of the time that the City could have done so in the absence
of those agreements.
Cimarron Hills Wastewater Treatment Plant, built as PID and MUD allowed
expansion as part of the Oaks at San Gabriel agreements.
The contemplated bridge and parkway connection of Water Oak linking Hwy 29 and
Leander Road, as there is currently no north‐south connection between Ronald
Reagan Blvd and Interstate 35.
Conservation subdivision design that clusters development in low impact areas and
maintains existing topography, scenic views, natural drainage flows and wildlife
habitat.
Regional trail connections, off‐site, to link gaps in the City and County trail system.
RECOMMENDATION 3: Require applicants to submit information with the MUD creation
petition that would allow the staff to perform the level City Council has directed during
consideration of several recent MUD petitions.
o In addition to the items already listed in Section 13.10.040 and the information required
to determine compliance with Section 13.10.050, in order to assist boards, commissions
and the City Council with understanding the financing related aspects, require
applications to submit a detailed project pro‐forma with assumptions of different tax
rates and homes at various price points, as well a marketing study indicating project
feasibility based on regional market absorption rates. A clear and understandable
presentation of MUD financed development versus non‐MUD financed development
should also be included in these submittals.
o To streamline processing of MUD petitions, allow staff to defer comprehensive review
and consideration of applications until a complete application and all supporting
materials are submitted.
o Increase the application fee to a sum to allow for adequate cost recovery and that is
commensurate with staffing and workload impacts necessary for evaluating MUD
petitions and negotiating and drafting MUD Consent Agreements and any related
agreements.
RECOMMENDATION 4: Require MUD Petitions to be reviewed by a cross‐departmental
“MUD Petition Review Team” comprised, at a minimum, of members of the planning
department, utility department, finance department, parks department, public safety
departments, and legal department. MUD creation will impact many City departments so
they should have an opportunity to weigh in during the process.
o A standing committee structure would allow for consistency in review and oversight
over regional impacts beyond the boundaries of a particular MUD.
Attachment number 2 \nPage 7 of 21
Item # D
RECOMMENDATION 5: Require development in a MUD to exceed UDC land use and
development standards (not just meet UDC standards or be less than minimum UDC
standards), and address the land use provisions in the Consent Agreement or related
agreement:
a. Prohibit all age‐restricted development; provided, however, that one section or phase of
a development may be considered for age‐restricted development if it does not exceed
10% of the net developable land area and 10% of the total housing units within the
MUD.
b. Prohibit certain other land uses such as Correctional Facility; Personal Services
Restricted as defined the Unified Development Code, Chapter 16, of Title 7 of the
Georgetown City Code of Ordinances, and others as determined by City Council.
c. Require at least 20% of overall net developable land area to be used for commercial,
office, industrial or related employment (nonresidential) uses, unless located in Low
Density Residential in the City’s Future Land Use Plan in which case a neighborhood‐
serving commercial site shall be included.
d. Require at least 30% of the proposed land use area to be used for commercial/retail uses
and to be developed within the first 5 years of the first building permit within the MUD.
i. All efforts should be made to exclude this commercial/retail land area from the MUD
in favor of full‐purpose annexation, or a Strategic Partnership Agreement (SPA)
should be required allowing the City to collect sales taxes from the area.
ii. The Strategic Partnership Agreement should provide that the City is entitled to
receive up to 100% of the sales taxes collected, and that none of those taxes should be
shared with the MUD unless special circumstances exist.
iii. City should retain site plan review to current City standards for uses other than one‐
and two‐family residential uses.
e. Require workforce housing to be provided through a homebuyers club that includes
programs such as down payment assistance, preferred sales pricing, subsidized
insurance premiums, ongoing financial counseling and homeowner maintenance
training. The homebuyers club shall be open to all current City of Georgetown,
Williamson County or Georgetown Independent School District employees.
f. Require public school location(s) to be provided, if desired by the applicable School
District. Location(s) of school sites should be in a central, walkable location to minimize
travel along or across a collector or arterial roadway identified in the Overall
Transportation Plan (OTP).
g. Require a land use plan to be attached to the Consent Agreement, and require major
amendments to a MUD land use plan shall require review by the Planning & Zoning
Commission and City Council.
h. Require gross impervious cover to be kept below the maximums allowed by the UDC.
i. Require tree preservation to exceed minimum UDC standards. Where a site contains
little existing tree coverage, require at least two trees of 3” caliper or greater on every
Attachment number 2 \nPage 8 of 21
Item # D
single family lot and provide park and open space areas to increase gross tree canopy
coverage to 40% coverage upon tree maturity.
j. Require compliance with all water quality and water conservation/drought restriction
ordinances with no adverse impacts to the watershed.
k. Require protection and conservation of features unique to site such as clusters of trees,
archaeological sites, springs, the natural floodplain, recharge and karst features and
historic farm and ranch complexes.
l. Require higher standards for architectural design. For example, homes with front
porches at minimum 8 foot depth, 3‐sides stone, stone veneer or brick masonry,
variation in floor plans, and embellished architectural treatment and masonry façades
on homes facing street intersection corners or major streets.
m. Require submittal and City Council approval of a pattern book with a visual
representation of the architectural styles of buildings including cornice lines, roof
profiles, finish materials, windows and ornamentation
n. Require landscaping along any roadways identified in the Overall Transportation Plan
commensurate to that required for Scenic/Natural Gateways as identified in Unified
Development Section 4.13.
o. Require Signage consistent with UDC provisions.
p. Require innovative or non‐conventional subdivision design, such as conservation
subdivision design, housing diversity, vertical mixed use, and/or traditional
neighborhood development (TND).
RECOMMENDATION 6: Require development in a MUD to exceed UDC parkland
requirements (not just meet UDC standards or be less than UDC standards), and address
parkland provisions in the Consent Agreement:
a. Require a park or series of parks open to the general public within the MUD in the size
and location approved by the Parks and Recreation Board.
b. Require installation and maintenance of park facilities improvements.
c. Require maintenance access to be provided.
a. Require connections to regional trail network and adjacent uses such as schools.
b. Require regional trail network to be a minimum of 10 feet in width.
c. Require usable trailheads with off‐street parking and ADA compliant trails.
d. Require financial contributions to regional park facilities such as Westside Park or Garey
Park (depending on the location of the MUD).
e. Prohibit roads through parkland in a manner that subtracts from net usable park land.
f. Require provision of security and maintenance program.
Attachment number 2 \nPage 9 of 21
Item # D
g. Require protection and perpetuation of unique features on a particular site that should
be maintained as open space whether for environmental, conservation or scenic views.
RECOMMENDATION 7: Require applicants to address provision of public safety services,
and address public safety matters in the Consent Agreement:
a. Require MUD to provide facilities to enhance public services and optimize locations of
service delivery.
b. Require donation of land to City or ESD (as applicable) for new fire station or other
public safety facility as determined by the City.
c. If the City provides fire protection services to the MUD, require payment of Fire SIP fee
(or similar fee) to fund fire station construction and operations.
d. Require roadway design to enhance access and reduce response times to existing
developed properties located outside of the MUD.
e. If located outside of the City Limits, then the MUD consent agreement may, at the City’s
discretion, include an interlocal agreement (“ILA”) to contract with the City of
Georgetown for fire, police, and solid waste services on terms acceptable to the City.
RECOMMENDATION 8: Require applicants to address transportation issues and include
transportation provisions in the Consent Agreement:
a. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding
of both on‐ and off‐site improvements identified in the TIA, including roadways
identified in the City’s Overall Transportation Plan (OTP).
b. Require dedication of right‐of‐way, inclusion of bike lanes, sidewalks, and aesthetically‐
pleasing streetscapes consistent with the OTP.
c. Require residential subdivisions to be designed with increased connectivity, reduced
cul‐de‐sacs, short block lengths, additional stub outs to neighbors except where
developed as a conservation subdivision pursuant to Chapter 11 of the UDC.
d. Require creative stormwater management and water quality solutions to be provided
such as low impact development (“LID”) to minimize any downstream impacts.
e. Require adequate street lighting for vehicle and pedestrian safety.
f. An ETJ MUD shall provide a maintenance program approved by the City’s
Transportation Department that is consistent with City standards and appropriate
consultation with the County Engineer.
RECOMMENDATION 9: Require applicants to address utility issues, and include those
utility service provisions in the Consent Agreement:
a. Require all utility facilities that service the MUD to be consistent with the Utilities
Master Plan.
Attachment number 2 \nPage 10 of 21
Item # D
b. Require the MUD the City to be the water, sewer and electric service provider unless the
area is within another entity’s certificated service area, or the City chooses not to require
those services to be provided by the City.
c. Require the cost to relocate any existing utility infrastructure to be borne by the
developer and/or MUD, not the City.
d. Limit cost‐sharing on MUD off‐site improvements to only those circumstances where
the necessity for the improvement is so great that limited CIP funds are appropriate for
overall system wide improvements that benefit multiple properties (i.e., regional
improvements that the City can afford to participate in).
e. Address water and wastewater rates. Generally, rates for in‐City MUD customers
should be the same as the rates for other in‐City customers, and the rates for ETJ MUDs
customers should be the same as for other out of City customers.
f. Require specific water conservation techniques that will be used to minimize demand
levels including xeriscaping, low impact development (“LID”), rainwater harvesting,
grey water reuse and other strategies in consultation with GUS.
g. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with
City of Georgetown water conservation and drought contingency plan‐related
ordinances.
h. For all MUDS, require impact fees to be assessed at the time of final plat approval. For
ETJ MUDS, require payment of impact fees at the time the final plat is approved. For in‐
City MUDS, require payment of impact fees no later than the time of building permit
issuance. However, utility capacity reservation shall not occur until impact fees are
paid.
i. Address rates, treatment capacity, utility and other easements necessary for City
services, capacity for dwelling units, gallons per day usage for water and wastewater,
water, wastewater and electric infrastructure, permitting and design, and fiscal surety.
RECOMMENDATION 10: Require applicants to specify the amount of debt they intend to
issue, the purpose of the debt, and the debt service schedule, and include those financial
provisions in the Consent Agreement:
a. Require a maximum bond issuance amount and schedule so that an opportune time for
annexation can be calculated.
b. For an in‐city MUD, limit debt issuance to “hard costs” associated with on and off‐site
water and wastewater and possibly, depending on the financial analysis, for roads. An
ETJ MUD may also issue debt for the hard costs of parks and trails facilities that will be
open to the general public. Debt shall not be issued for “soft costs” such as design and
engineering work, landscaping, signage, maintenance nor private amenities.
c. To the extent possible, debt should be structured to retire nonresidential lands first so
they can be annexed, if an ETJ MUD. Where multiple are MUDs are established for a
large project, nonresidential lands should be included in the first MUD created.
Attachment number 2 \nPage 11 of 21
Item # D
d. Require all City property and land to be exempted from all MUD taxes, assessments,
charge, fees and fines of any kind.
RECOMMENDATION 11: Address future municipal annexation of the MUD.
a. A date certain for annexation of the District shall be established in its creation
documents. Upon reaching that date certain, the City retains the right to extend the
annexation date or deny the annexation. The date of annexation set with the District
creation shall be indicated in a disclosure statement to buyers of all properties within the
District. Buyers shall be provided with the District’s pro‐forma in an easy‐to‐read,
understandable format that explains to the buyer that they are buying into an obligated
property and are made aware that the taxes and assessments are not imposed by the
City of Georgetown and were the choice of the developer.
b. Allow the City to set rates for water and/or sewer services for land that is in the MUD at
the time of annexation that are different from rates charged to other areas of the City
consistent with the provisions of Section 54.016(h) of the Water Code to compensate city
for assumption of MUD debt.
c. This section shall apply to a District created as an ETJ MUD that is annexed into the city
limits. At the City’s option, a “limited district” may be continued in existence after
annexation to maintain amenities or services beyond what the City typically provides
for neighborhoods similarly situated. In such cases an ETJ MUD shall enter into a SPA
stating conditions on which MUD will be converted to a limited district that will
continue to exist following full purpose annexation. Concurrently with the MUD’s
confirmation election, the MUD shall hold election on proposition to levy an O&M tax
per Section 49.107 of the Water Code to provide funds to operate the limited district
following full purpose annexation by the city; the MUD shall have no right to issue
bonds until proposition to levy an O&M tax is approved.
Section V
NEXT STEPS
After receiving direction from Council on the above recommendations, staff will determine
whether revisions to the UDC, Development Manual or both are required to implement the
approved recommendations and will bring those amendments forward to Planning and Zoning
Commission and City Council. Staff will continue to update the sector‐based work program
Section VI
RECOMMENDATION
Staff recommends that City Council direct staff to bring forward for action at a future Council
meeting the following items:
1. Establish appropriate criteria for “unique factor” MUD requests and amend UDC
accordingly;
Attachment number 2 \nPage 12 of 21
Item # D
2. Enhance application submittal requirements and adjust the Development Manual
accordingly;
3. Update the MUD application fee; and
4. Establish a sector‐based work program that can be updated and shared with Council on
an ongoing basis.
Attachment number 2 \nPage 13 of 21
Item # D
Attachment 1
Section 13.10 Creation of Special Districts
13.10.010 Purpose and Intent
To provide for the prudent use of political subdivisions that are created pursuant to Article III,
Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by
law to provide water, wastewater, drainage, and other services (“districts”), in order to allow
development within the City’s corporate boundaries and extraterritorial jurisdiction that is
generally consistent with the City’s Comprehensive Plan.
This section is intended to be equitably applied to the creation of, inclusion of land within, and
operation of all proposed districts, while allowing flexibility necessary to address unique factors
that may arise with respect to each proposed district.
Prior to considering whether to consent to or support the creation of a district, the City
will consider whether the City is able to provide water and/or wastewater service to the
area proposed to be included in the district and whether such area is within the City’s
projected ultimate city limit boundary.
The standards established in this section are intended to carry out the following purposes:
• Encourage quality development;
• Protect the water quality within all watersheds of the City;
• Protect the water quality of the City’s drinking water sources;
• Allow the City to enforce land use and development regulations consistent with the
City’s comprehensive plan;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Provide notice to residents of the district that the City may annex the district at some
future time;
• Facilitate cost‐effective construction of infrastructure to serve the area within the district,
including police and fire stations, that is consistent with City standards and plans, so
that the potential financial burden on the citizens of Georgetown will be reduced, in the
event of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City’s regional utility
planning.
• Establish guidelines for reasonable conditions to be placed on;
• Issuance of bonds by the district; and
• The City’s consent to creation of the district, including conditions consistent with the
City’s water and sewer bond ordinances regarding creation of districts that might
otherwise detrimentally compete with the City’s utility systems;
• Establish guidelines for other mutually beneficial agreements by the City and the
Attachment number 2 \nPage 14 of 21
Item # D
district;
• Provide a procedural framework for responding to an application seeking the City’s
consent to the creation of a district; and
13.10.020 Definitions
A. Bond. Instrument, including a bond, note, certificate of participation or other instrument
evidencing a proportionate interest in payments due to be paid by an issuer or other
type of obligation that: (1) is issued or incurred by an issuer under the issuer’s
borrowing power; without regard to whether it is subject to annual appropriation; and
(2) is represented by an instrument issued in bearer or registered form or is not
represented by an instrument but the transfer of which is registered on books
maintained for that purpose by or on behalf of the issuer.
B. Certificate of convenience and necessity (CCN). A permit issued by the Texas
Commission on Environmental Quality (“TCEQ”) authorizing a specified utility to be
the retail water or sewer service provider in a specified area.
C. City Council. City Council of the City of Georgetown.
D. Consent agreement. An agreement between the City and owners and developers of
land in a proposed district which, if agreed to, shall be attached to the consent
resolution adopted by the City Council.
E. Consent resolution. A resolution approved by the City Council setting forth terms of
its consent to creation of a district.
F. Consent to creation of a district. Authorization for the owners of land in a proposed
district to initiate proceedings to create a district as provided by law.
G. District. A municipal utility district (“MUD”), water control and improvement district
(“WCID”), flesh water supply district (“FWSD”), or similar political subdivision created
to provide water, sewer or drainage utility services, roads, or other services allowed by
law to a specified area, pursuant to Article III, Section 52, and/or Article XVI, Section 59,
of the Texas Constitution.
H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles
from the City limit, excluding other incorporated municipalities and their ETJ, in which
the City has the authority to annex property, as determined in accordance with Chapter
42 of the Local Government Code.
I. Strategic partnership agreement. An agreement between the City and a district
addressing the relationship between the City and the district, including limited purpose
annexation of commercial areas and other matters pursuant to Section 43.0751 of the
Local Government Code.
J. TCEQ. The Texas Commission on Environmental Quality or its successor.
13.10.030 Prerequisites to Consent to Creation of a District
A. Before the City Council consents to creation of a district, the following issues shall be
considered in accordance with this chapter:
Attachment number 2 \nPage 15 of 21
Item # D
1 If applicable, whether the area proposed for inclusion in the district meets criteria for
annexation set out in the City’s annexation policy and is within the City’s projected
ultimate city limit boundary; and
2 Whether the City will provide water and/or wastewater services to the land within
the proposed district at a reasonable cost and will commence construction of
facilities necessary to serve the land within 2 years and substantially complete such
construction within 4½ years after submittal of the petition pursuant to the City’s
policies on the extension of utility services.
B. If the determination on both issues 1 and 2 above is negative, then before consenting to
the creation of a district, the City Council shall consider further whether the creation of
the district is feasible, practicable, necessary for the provision of the proposed services
and would be a benefit to the land, and therefore warrants the City’s consent, consistent
with the other considerations in this policy.
C. If the determination on either of the two issues is affirmative, then the City Council shall
not consent to creation of the district unless the applicant demonstrates that unique
factors justify its creation. If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the
proposed district and a majority of the qualified voters concerning the City’s
provision of water and wastewater services, upon receipt of a petition submitted by
such persons in accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
13.10.040 Staff Analysis
Upon receipt of an application seeking the City’s consent to creation of a district and after a
preliminary determination of the prerequisites in Section 13.10.030, City staff shall analyze
the proposed development and its potential impact on facilities and services. The applicant
shall provide the following preliminary information relative to the land proposed to be
included in the district, if available:
A. Engineering report showing:
1 Preliminary water availability study, including copies of any proposed contracts;
2 Preliminary wastewater treatment availability, including copies of any proposed
contracts;
3 Preliminary drainage study; and
4 Preliminary road study for any roads proposed to be reimbursed by bonds.
B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects,
and any other proposed district facilities to be reimbursed or paid for by the issuance of
district bonds;
C. Master development plan showing general layout of proposed land uses; major streets
and roads; water, wastewater, and drainage facilities; and any other district facilities;
D. Information concerning provision of firefighting and law enforcement services;
Attachment number 2 \nPage 16 of 21
Item # D
E. Estimated buildout schedule by year with estimated assessed valuations in the district;
F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service
requirements, and projected district tax rate;
G. District boundary and vicinity map;
H. Traffic study identifying potential impacts on:
1 The City’s road system serving the land proposed to be included in the district, if all
or any portion of the land is located within the City or within two miles of the City’s
boundaries; and
2 The county’s road system, this traffic study is in addition to any traffic studies
required by the City’s subdivision regulations in connection with submittal of
subdivision plats;
3. If all or any portion of the proposed district is located outside the City’s boundaries,
proof that the applicant has provided the following information by certified mail to
the Williamson County Judge and each member of the Commissioners Court: the
name, acreage, and location of the proposed district, buildout schedule, estimated
population on total buildout, and map of the area;
4. Such other information as City staff may reasonably require to analyze the need for
the proposed facilities and the development’s potential impact; and
5. Any proposed City consent agreements.
13.10.050 Conditions to City’s Consent to Creation of a District
If the City Council elects to consent to the creation of or inclusion of land within a district,
then it shall impose the following requirements as conditions of the City’s consent, and
such requirements shall be stipulated in the consent resolution and/or other ancillary
agreement, unless the City Council determines that requirements are not appropriate with
regard to a specific district.
A. All water, wastewater, drainage, and road infrastructure and facilities as well as any
other infrastructure or facilities to be reimbursed or paid for by the issuance of district
bonds, shall be designed and constructed to City standards, including without limitation
fire flow standards and utility and road design, construction and installation standards,
in accordance with plans and specifications that have been approved by the City. In the
event of a conflict between City water and wastewater standards and standards imposed
by the CCN holder for the proposed district, City standards shall prevail, unless
otherwise agreed by the City.
B. The City shall have the right to inspect all facilities being constructed by or on behalf of
the district and to charge inspection fees consistent with the City’s inspection fee
schedule, as amended from time to time.
C. Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed
to by the City, comply with the following requirements, provided such requirements
do not generally render the bonds unmarketable:
Attachment number 2 \nPage 17 of 21
Item # D
1. Maximum maturity of 20 years for any one series of bonds;
2. Interest rate that does not exceed 2% above the highest average interest rate reported
by the Daily Bond Buyer in its weekly “20 Bond Index” during the one month period
preceding the date notice of the sale of such bonds is given;
3. The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance,
without premium. No variable rate bonds shall be issued by a district without City
Council approval; and
4. Any refunding bonds of the district must provide for a minimum of 3% present
value savings and that the latest maturity of the refunding bonds may not extend
beyond the latest maturity of the refunded bonds unless approved by the City
Council.
D. The City shall require the following information with respect to bond issuance:
1. At least 30 days before issuance of bonds, except refunding bonds, the district’s
financial advisor shall certify in writing that the bonds are being issued within the
existing economic feasibility guidelines established by the TCEQ for districts
issuing bonds for water, sewer, or drainage facilities in the county in which the
district is located and shall deliver the certification to the City Secretary, and the
City.
2. At least 30 days before the issuance of bonds, the district shall deliver to the City
Secretary, and the City Manager notice as to:
a. The amount of bonds being proposed for issuance;
b. The projects to be funded by such bonds; and
c. The proposed debt service tax rate after issuance of the bonds.
d. If the district is not required to obtain TCEQ approval of the issuance of the
bonds (other than refunding bonds), the district shall deliver such notice to the
City Secretary, and the City Manager at least 60 days prior to issuing such bonds.
Within 30 days after the district closes the sale of a series of bonds, the district
shall deliver to the City Secretary, and the City Manager a copy of the fi nal
official statement for such series of bonds. If the City requests additional
information regarding such issuance of bonds, the district shall promptly
provide such information at no cost to City.
E. The purposes for which a district may issue bonds shall be restricted to the purchase,
construction, acquisition, repair, extension and improvement of land, easements, works,
improvements, facilities, plants, equipment, and appliances necessary to:
1. Provide a water supply for the district for municipal uses, domestic uses, and
commercial purposes;
2. Collect, transport, process, dispose of and control all domestic, industrial or
communal wastes from the district whether in fluid, solid, or composite state;
3. Gather, conduct, divert, and control local storm water or other local harmful excesses
of water in the district; and
Attachment number 2 \nPage 18 of 21
Item # D
4. Pay organization and administrative expenses, operation expenses during
construction, cost of issuance, interest during construction, and capitalized interest.
5. If appropriate in a particular district, the City may consent to issuance of bonds for
purchase, construction, acquisition, repair, extension, or improvement of fi re
stations, roads, and/or other capital improvements that are mutually agreed upon by
the City Council and the applicant.
F. The district shall contain sufficient acreage to assure the economic viability of the district
but no more acreage than can feasibly be annexed at one time. In general, a district is not
expected to include less than 200 acres or more than 500 acres.
G. Development within the district shall be consistent with the City’s Comprehensive Plan.
H. No district shall include land in more than one city’s Extraterritorial Jurisdiction.
I. The City and the owners of all land in the proposed district shall reach agreement on the
terms of a development agreement pursuant to Local Government Code, Section
212.171, et seq. to extend the City’s planning authority over land included in the district
by providing for approval of a development plan, authorizing enforcement by the City
of land use and development regulations, and including other lawful terms and
considerations the parties consider appropriate. The development agreement shall
include provisions relating to the following matters:
1. Land use plan reflecting all approved land uses and residential densities;
2. Compliance with City construction Codes, including permit requirements;
3. Compliance with City and other applicable stormwater and water quality
regulations;
4. Development standards comparable to City zoning regulations; and
5. Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will
cooperate to identify those matters unique to the district that may be addressed in a
development agreement.
J. At least 30 days before issuance of bonds, the district shall certify in writing that the
district is in full compliance with the consent resolution approved by the City Council
and, to the extent such agreements impose requirements on the district, with the consent
agreement, strategic partnership agreement and all other agreements executed by the
City and the district, and shall deliver the certification to the City Secretary, and the City
Manager.
K. No land within the district shall be allowed, at any time in the future, to
incorporate, join in an incorporation, or be annexed into any incorporated city other
than the City of Georgetown.
L. No land shall be annexed by the district without prior City Council approval.
M. The district shall not construct or install infrastructure or facilities to serve areas outside
the district or sell or deliver services to areas outside the district without prior City
Council approval.
N. After creation of the district, and unless otherwise expressly authorized by the consent
Attachment number 2 \nPage 19 of 21
Item # D
agreement or development agreement, no district shall be converted into another type of
district, consolidated with another district, divided into two or more new districts or
seek additional governmental powers that were beyond its statutory authority at the
time the district was created, without prior City Council approval.
O. If allowed by law, the City may annex any commercial development within the district
for limited purposes pursuant to Local Government Code, Section 43.0751, and may
impose a sales and use tax within the area annexed for limited purposes. If limited
purpose annexation is not allowed by law, then the City may not consent to inclusion
of commercial retail areas within the district. The City may consider sharing tax
receipts with the district, provided the district’s share is used to finance infrastructure,
retire bond debt or for other purposes acceptable to the City.
P. The district shall not issue any bonds other than those authorized by the consent
agreement without City Council approval.
Q. The district shall file a notice in the real property records of all counties in which the
district is located stating that the City has authority to annex the district. The parties
may attach a form of such notice to the consent agreement or development
agreement.
R. The district shall send a copy of the order or other action setting an ad valorem tax rate
to the City Secretary, and the City Manager within 30 days after district adoption of the
rate.
S. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
T. The City shall encourage the district to maintain a debt service structure that will ensure
that the district’s taxes are maintained at a rate at least equal to the City’s tax rate, to the
extent feasible.
U. The district shall provide copies of any material event notices filed under applicable
federal securities laws or regulations to the City Secretary, and the City Manager within
30 days after filing such notices with the applicable federal agency.
V. Construction of capital improvements such as fire stations and recreational amenities
shall be encouraged.
W. Sharing of fire stations, recreational amenities, and other capital improvements by the
City and the district shall be encouraged..
X. If construction or expansion of a wastewater treatment facility is proposed to serve the
district, the plant design shall conform to all applicable state and federal permitt ing and
design standards. In addition, any wastewater discharge shall be permitted to meet
effluent limitations no less stringent than 5‐5‐2‐1 (5 parts per million {“ppm”}
biochemical oxygen demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1 ppm
phosphorus) or the current limits in permit(s) held by the City, whichever is strictest.
The City reserves the right to protest any wastewater treatment facility permit
application or amendment.
Y. The board of directors of the district and landowners within the district shall assist the
City in annexing one or more areas as reasonably necessary for the City to connect areas
to the City that are outside the district and that the City intends to annex in the
foreseeable future.
Attachment number 2 \nPage 20 of 21
Item # D
Z. The City shall require the district to complete a traffic impact analysis pursuant to
Section 12.05 of this Code.
AA. The City may agree not to annex and dissolve the district any earlier than the fi
rst to occur of: (i) extension of water, sanitary sewer, and drainage facilities to serve
90% of the land within the district; or (ii) 15 years after creation of the district. The
contract between the City and the district may provide that the City may set rates for
water and/or sewer services for property that was within the district that vary from
those for other properties within the City in order to compensate the City for
assumption of district obligations upon annexation, in compliance with any statutory
requirements applicable to such an agreement.
BB. The consent agreement and ancillary documents shall include terms
providing for the district to be fully developed and ready for full purpose
annexation by the City within a reasonable time period.
CC. The applicant shall reimburse the City for expenses incurred by the City in
connection with the City’s consent to formation of the district, including but not limited
to professional fees incurred in connection with negotiation and preparation of the
consent resolution, consent agreement, development agreement, strategic partnership
agreement, and related documents.
13.10.060 City Operations Compensation Fee
A fee shall be assessed for each residential unit within the district equal to the proportion of
City operations attributed to serving residents of the district. The fee shall be calculated as
follows:
B = Total General Fund budget for the fiscal year in which the consent application is filed.
P = The estimated population of the City at the time the consent application is filed.
H = The estimated average household size within the City at the time the consent application is
filed.
D = The percentage of City services used by district residents. This percentage shall be adopted
by the City annually as a part of the City’s budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the city’s budget
adoption process.
PV = Present Value.
City Operations Compensation Fee = PV(R,Y,‐((B /(P /H)) * D))
Example: B = $24,000,000 P = 41,000 H = 2.8 D = 15%
Y = 20 R = 6% Fee = $2,819.92
Attachment number 2 \nPage 21 of 21
Item # D
City of Georgetown, Texas
July 22, 2014
SUBJECT:
Section 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including agenda items
- Dunlap
Section 551.072: Deliberation Regarding Real Property
- Deliberation concerning the purchase of right-of-way from Paul Douglas Ginnings and Susan Parker
Ginnings in connection with the FM 1460 (North Segment) Project. – Edward G. Polasek, AICP,
Transportation Director, and Terri Glasby Calhoun, Real Estate Services Coordinator
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Cover Memo
Item # E