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HomeMy WebLinkAboutAgenda CC 06.12.2012Notice of Meeting of the Governing Body of the City of Georgetown, Texas JUNE 12, 2012 The Georgetown City Council will meet on JUNE 12, 2012 at 6:00 P.M. at Council Chambers - 101 East 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports - CAMPO - Lone Star Rail District City Manager Comments Fireworks in the City Limits Irrigation Schedule Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, May 22, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to approve the declaration of various computers as surplus, to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer E Consideration and possible action to approve a Resolution appointing members of the Board of Directors of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ -- Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager F Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a 0.051-acre portion of an existing 20’ Public Utility Easement out of Lot 1, Serenada Country Estates, Unit One, a subdivision of record in Cabinet B, Slide 339-345, Plat Records of Williamson County, Texas; said 0.051-acre parcel being more fully described by metes and bounds and sketch in Exhibit “A” attached hereto; and authorizing the Mayor to execute a quitclaim deed and any other documentation necessary to effectuate such vacation and abandonment; and establishing an effective date -- David Munk, P.E., Utility Engineer and Glenn Dishong, Utility Director G Forwarded from the Convention and Visitors Bureau Board: Consideration and possible action to approve an allocation of $1,500.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown High School Basketball Booster Club, for help in the cost of promoting and facilitating the Fury Basketball Tournaments -- Cari Miller, Tourism Manager H Consideration and possible action to appoint Lyle Warden, DVM, to the Animal Shelter Advisory Board to fill a vacancy -- Mayor George Garver I Consideration and possible action to appoint Jim Wilson to the Main Street Advisory Board to fill a vacancy -- Mayor George Garver Legislative Regular Agenda J Consideration and possible action related to the October 2012 - September 2017 municipal solid waste and recycling services -- Kathy Ragsdale, Environmental and Conservation Services Director and Jim Briggs, Assistant City Manager K Discussion and possible action to amend the Wayfinding and Signage Master Plan and provide funding to update lettering on the east Monument sign -- Shelly Hargrove, Main Street Manager L Consideration and possible action to direct the City Manager to award 1-time bonuses to all eligible City employees who received an “Exceeds or Outstanding” on the September 30, 2011 performance evaluations, to be funded with current year budgetary savings -- Danny Meigs, Councilmember District 3 M First Reading of an Ordinance amending Chapter 2.16 of the Code Of Ordinances relating to Compensation or Expense Reimbursement for the Mayor and Councilmembers -- Bridget Chapman, Acting City Attorney (action required) N First Reading of an Ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Chief Financial Officer (action required) O First Readingof an Ordinance for the voluntary annexationinto the city limits of 93.77 acres, more or less, Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, for a future section of Georgetown Village, located on Shell Road -- Jordan J. Maddox, AICP, Principal Planner (action required) P Second Reading of an Ordinance adopting an updated Official Zoning Map -- Jordan J. Maddox, AICP, Principal Planner(action required) Q Second Reading of an Ordinance formally adopting the Fiscal and Budgetary Policy to be used in preparing the 2012/13 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action required) R Second Reading of an Ordinance amending Title 13, Chapter 13.04, Article VII, entitled “Miscellaneous” of the Code of Ordinances of the City of Georgetown, Texas, repealing conflicting ordinances and resolutions; including a severability clause, and establishing an effective date to provide a more consistent application of service to all rate payers, encourage timely payment of bills, and aligning charges with industry standards -- Leticia Zavala, Utility Office Manager and Micki Rundell, Chief Financial Officer (action required) S Second Reading of an Ordinance to amend Chapter 4.08 Entitled "Authority of City Manager and City Staff to Contract" of the Code of Ordinances to remove out of date and duplicative language already included by ordinance in the Fiscal and Budgetary Policy -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer (action required) T Consideration and possible action to finalize the appointments of City Council Members to City Boards and Commissions -- Mayor George Garver 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. U Sec. 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 - Discussion related to the October 2012 – September 2017 municipal solid waste and recycling services contract negotiations. V Sec. 551.086: Competitive Matters - Report and discussion on LCRA Wholesale Power Agreement 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 _________________, 2012, 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 June 12, 2012 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports - CAMPO - Lone Star Rail District City Manager Comments Fireworks in the City Limits Irrigation Schedule Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # A City of Georgetown, Texas June 12, 2012 SUBJECT: - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # B City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, May 22, 2012 -- Jessica Brettle, City Secretary ITEM SUMMARY: Please see attached for draft minutes. FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary ATTACHMENTS: May 22, 2012 DRAFT Workshop Minutes May 22, 2012 DRAFT Regular Meeting Minutes Cover Memo Item # C At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 It e m # C At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 It e m # C At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 It e m # C At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 5 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 6 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 7 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 8 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 9 o f 1 0 It e m # C At t a c h m e n t n u m b e r 2 \ n P a g e 1 0 o f 1 0 It e m # C City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to approve the declaration of various computers as surplus, to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: Various computers (see attached) have been deemed of no further use by all City departments. Staff recommendation is to declare these items surplus and authorize staff to dispose of through online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas. The computers, previously in service at the Library, are outdated and have been replaced by current models. The computers are approximately 10 years old. The City of Georgetown Code of Ordinances states, in section 4.28 Disposition of Excess Property, that the City Council may declare any City property to be excess, as recommended by the City Manager. The ordinance states that the City Council shall determine the method of disposal of any surplus property. Staff recommends that these items be sold through online auction firm currently under contract with the City. FINANCIAL IMPACT: Gaston & Sheehan will retain 7.5 percent of the proceeds from this auction, the rate Gaston & Sheehan has imposed for the past few years with no increase. Staff anticipates the income from this auction to be approximately $250.00. Revenue received from the sale of the computers will be deposited in100-4-0001- 44361, Sale of Property. SUBMITTED BY: ATTACHMENTS: Photo 1 Photo 2 Photo 3 Photo 4 List of equipment Cover Memo Item # D Attachment number 1 \nPage 1 of 1 Item # D Attachment number 2 \nPage 1 of 1 Item # D Attachment number 3 \nPage 1 of 1 Item # D Attachment number 4 \nPage 1 of 1 Item # D Computers Qty Description 7 Towers 44 Monitors 13 Key boards 2 Boxes of Cords for Towers & Monitors Attachment number 5 \nPage 1 of 1 Item # D City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to approve a Resolution appointing members of the Board of Directors of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ -- Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager ITEM SUMMARY: This resolution will reappoint the Board members for each of the City’s Tax Increment Reinvestment Zones. The City currently has 3 active TIRZ, the Downtown, the Gateway, and the Rivery. In each case, the Board membership is outlined in the creation documents. These appointments are in compliance with these requirements. This resolution proposes the following changes: Williams Drive TIRZ: Joe Dan Lee replaces David McLaughlin as GISD representative. Rachael Jonrowe, Councilmember District 6 replaces Gabe Sansing former Councilmember District 2 as Council representative. The Gateway is now included in District 6 after redistricting earlier this year. George Becondo replaces Bill Nations as the “property owner” representative. Downtown Georgetown TIRZ: Rachael Jonrowe replaces Dale Ross as Councilmember District 6 representative and Chair of the Board. Rusty Winkstern downtown business owner replaces Patty Eason, Councilmember District 1. The area is no longer included in District 1 due to redistricting. Shelly Hargrove, Main Street Manager replaces Mark Thomas as staff representative. Rivery TIRZ: Troy Hellmann replaces Gabe Sansing as Councilmember District 2 representative and Chair of the Board. Jerry Hammerlun, Councilmember District 5 replaces Rick Smith, Chair EDAB. The Economic Development Advisory Board no longer exists. Laurie Brewer, Deputy City Manager replaces Randy Marrow as staff representative for Parks related concerns. Jeff Novak replaces Dan Clark as the developer’s representative.Williamson County has reappointed their 4 positions as follows: Valerie Covey, County Commissioner Precinct 3Celine DukeRepresentative for Texas House District 20Senator for Texas Senate District 5 The board terms are scheduled to begin in March 2012 to coincide with the time frame for the City’s other Boards and Commissions. Once approved, staff will schedule the annual board meetings for each TIRZ. FINANCIAL IMPACT: Cover Memo Item # E SUBMITTED BY: ATTACHMENTS: Resolution Cover Memo Item # E Resolution Number:____________ Page 1 of 4 Description: Resolution Appointing TIRZ Board Members Date Approved: June 12, 2012 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,TEXAS, APPOINTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE WILLIAMS DRIVE GATEWAY TAX INCREMENT REINVESTMENT ZONE (TIRZ), THE DOWNTOWN GEORGETOWN TIRZ, AND THE RIVERY PARK TIRZ; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the City Council adopted Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and on November 9, 2004, the City Council adopted Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ; and WHEREAS, Section 3 of Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and Section 3 of Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ all state: Section 3. Board of Directors. That there is hereby created a Board of Directors for the Zone, which shall consist of five (5) members. The directors appointed to Position One, Three and Five shall be appointed for two year terms, beginning on effective date of this resolution while the directors appointed to Positions Two and Four shall be appointed to one year terms beginning on the effective date of this resolution. All subsequent appointments shall be appointed for two-year terms. The member of the Board of Directors appointed to Position One is hereby designated to serve as chair of the Board of Directors for the term beginning on the effective date of this resolution, and ending upon the expiration of the initial term of Position One. Thereafter the City Council shall annually nominate and appoint a member to serve as chair for a term of one year beginning January 1 of the following year. The City Council authorizes the Board of Directors to elect from its members a vice chairman and such other officers as the Board of Directors sees fit. WHEREAS, Section 3 of Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and Section 3 of Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ, and Section 3 of Ordinance No 2007-91 creating the Rivery Park TIRZ, as amended by Ordinance No. 2008-63 (changing the membership provisions of the Board of Directors) all state: WHEREAS, Section 311.009(e) of the Texas Tax Code states that "To be eligible for appointment to the board by the governing body of the municipality, an individual must: (A) be qualified voter of the municipality; or (B) be at least 18 years of age and own real property in the zone, whether or not the individual resides in the municipality. Attachment number 1 \nPage 1 of 4 Item # E Resolution Number:____________ Page 2 of 4 Description: Resolution Appointing TIRZ Board Members Date Approved: June 12, 2012 WHEREAS, Section 3 of Ordinance No. 2007-91, creating the Rivery Park Tax Increment Reinvestment Zone (TIRZ), as amended by Ordinance No. 2008-63 (changing the membership provisions of the Board of Directors) states: Section 3. Board of Directors. That there is hereby created a Board of Directors for the Zone, which shall consist of nine (9) members, as required by Section 311.009(b) of the Texas Tax Code. The City Council for the City of Georgetown shall appoint five (5) members to the Board of Directors and, pursuant to the Tax Increment Financing Agreement dated September 16, 2008 by and between the City of Georgetown and Williamson County, the commissioners Court of Williamson County shall appoint two (2) members to the Board of Directors. The State Representative and State Senator, or their designees, within whose district the Zone is located are also members of the board of Directors, however they may choose t allow the Commissioners Court of Williamson County to choose their designees. Five of the initial members of the Board of Directors shall serve two year terms and the remaining four initial members of the Board of Directors shall serve one year terms. The City Council of the City of Georgetown shall determine which positions serve two year terms and which serve one year terms at the time of initial appointments are made to the Board of Directors. All Subsequent appointments shall be appointed for two-year terms. The City Council of the City of Georgetown shall designate one of the initial members of the Board of Directors to serve as chair of the Board of Directors for the term beginning on the effective date of the Zone, and ending upon the expiration of the initial term of that member. Thereafter the City Council shall annually nominate and appoint a member to serve as chair for a term of one year beginning January 1 of the following year. The City Council authorizes the Board of Directors to elect from its members a vice chairman and such other officers as the Board of Directors sees fit. Notwithstanding the foregoing, the term of any City Council member, County Judge or County Commissioner serving on the Board of directors shall automatically expire when their term in said office ends. Attachment number 1 \nPage 2 of 4 Item # E Resolution Number:____________ Page 3 of 4 Description: Resolution Appointing TIRZ Board Members Date Approved: June 12, 2012 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. Findings. The City Council finds and declares that the appointment of Directors to the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ are not inconsistent with the 2030 Comprehensive Plan: SECTION 2: Appointment of Board of Directors. The following persons are hereby appointed to the Boards of Directors for the terms commencing on the effective date of this resolution for the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ: Williams Drive Gateway TIRZ Name Position Term Expires Paul E. Brandenburg, City Manager 1 2 years 3-1-2014 George Garver, Mayor (Chair) 2 1 year 3-1-2013 Joe Dan Lee, Georgetown Independent School District 3 2 years 3-1-2014 Rachael Jonrowe, City Councilmember District 6 4 1 year 3-1-2013 George Becondo, Property/Restaurant Owner 5 2 years 3-1-2014 Downtown Georgetown TIRZ Name Position Term Expires Rachael Jonrowe, City Councilmember District 6 (Chair) 1 2 years 3-1-2014 Rusty Winkstern, Downtown Business Owner 2 1 year 3-1-2013 Len Lester, Downtown Business Owner 3 2 years 3-1-2014 Denise Jimenez, Chair, Main Street Advisory Board 4 1 year 3-1-2013 Shelly Hargrove, Main Street Manager 5 2 years 3-1-2014 Rivery Park TIRZ Name Position Term Expires Troy Hellmann, City Councilmember District 2 (Chair) 1 2 years 3-1-2014 Jerry Hammerlun, City Councilmember District 5 2 1 year 3-1-2013 Micki Rundell, Chief Financial Officer 3 2 years 3-1-2014 Laurie Brewer, Deputy City Manager 4 1 year 3-1-2013 Jeff Novak, Business Owner, Brae Development Partners 5 2 years 3-1-2014 Celine Duke, Williamson County Representative 6 1 year 3-1-2013 Valerie Covey, County Commissioner Precinct 3 7 2 years 3-1-2014 Representative for Texas House District 20 8 1 year 3-1-2013 Senator for Texas Senate District 5 9 2 years 3-1-2014 Attachment number 1 \nPage 3 of 4 Item # E Resolution Number:____________ Page 4 of 4 Description: Resolution Appointing TIRZ Board Members Date Approved: June 12, 2012 SECTION 3: This Resolution shall be effective upon its adoption. RESOLVED this 12th day of June 2012. APPROVED: ATTEST: __________________ ____________________ George Garver Jessica Brettle Mayor City Secretary APPROVED AS TO FORM: __________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 4 of 4 Item # E City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a 0.051-acre portion of an existing 20’ Public Utility Easement out of Lot 1, Serenada Country Estates, Unit One, a subdivision of record in Cabinet B, Slide 339-345, Plat Records of Williamson County, Texas; said 0.051-acre parcel being more fully described by metes and bounds and sketch in Exhibit “A” attached hereto; and authorizing the Mayor to execute a quitclaim deed and any other documentation necessary to effectuate such vacation and abandonment; and establishing an effective date -- David Munk, P.E., Utility Engineer and Glenn Dishong, Utility Director ITEM SUMMARY: The City has received a request for the abandonment of a 0.051-acre portion of an existing 20' Public Utility Easement that bisects the vacant tract of land described above which is located on the north side of Williams Drive between Briarwood Drive and Serenada Drive. The property is currently proposed for development by O'Reilly Automotive Stores, Inc. and the easement is situated where the building is planned to be constructed. In order to facilitate development of the tract, the applicant proposes to relocate the easement as shown on the attached survey sketch and relocate any existing facilities to the new easement. The applicant has already conveyed the replacement easement to the City; said easement having been recorded in Document No. 2012039475 of the Official Records of Williamson County, Texas. The proposed resolution will authorize the abandonment of the subject easement. FINANCIAL IMPACT: n/a SUBMITTED BY: Terri Glasby Calhoun ATTACHMENTS: Resolution abandoning PUE on Lot 1, Serenada Unit One (O'Reilly) Cover Memo Item # F At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 It e m # F At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 It e m # F At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 It e m # F At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 It e m # F City of Georgetown, Texas June 12, 2012 SUBJECT: Forwarded from the Convention and Visitors Bureau Board: Consideration and possible action to approve an allocation of $1,500.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown High School Basketball Booster Club, for help in the cost of promoting and facilitating the Fury Basketball Tournaments -- Cari Miller, Tourism Manager ITEM SUMMARY: Milton Van Dusen, a representative of the GHS Basketball Booster Club, appeared before the CVB Board at their May 18, 2012 meeting to present an application requesting Hotel Occupancy Tax (HOT) funds out of the 2011/2012 CVB budget. The funds would be used to promote and facilitate the Fury Basketball Tournament. After a thorough review and discussion of the information presented, the Convention and Visitors Bureau Board voted to recommend the allocation of $1,500.00 from HOT funds to the Georgetown High School Basketball Booster Club. The Convention and Visitors Bureau Board hereby respectfully recommends that City Council approve the allocation of $1,500.00 out of the 2011/2012 CVB budget to the Georgetown High School Basketball Booster Club for help in the cost of promoting the Fury Basketball Tournaments. FINANCIAL IMPACT: There are sufficient HOT funds available ($5,500 available) in the CVB budget for this request in the Co-op Advertising account # 201-5-0208-51-132. SUBMITTED BY: Cari Miller ATTACHMENTS: Fury Basketball HOT Grant Application Cover Memo Item # G At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 8 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 8 It e m # G City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to appoint Lyle Warden, DVM, to the Animal Shelter Advisory Board to fill a vacancy -- Mayor George Garver ITEM SUMMARY: Lyle Warden, DVM, currently serves as the surgeon at the Georgetown Animal Shelter. His application has been provided for City Council review, and Dr. Warden received high recommendations from staff. FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # H City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to appoint Jim Wilson to the Main Street Advisory Board to fill a vacancy -- Mayor George Garver ITEM SUMMARY: Mr. Wilson's application has been provided to Council for review. Mr. Wilson has been recommended by staff based on his volunteer activities in the Georgetown community. FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # I City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action related to the October 2012 - September 2017 municipal solid waste and recycling services -- Kathy Ragsdale, Environmental and Conservation Services Director and Jim Briggs, Assistant City Manager ITEM SUMMARY: The solid waste services contract with our current provider, Texas Disposal Systems (TDS,) became effective in October 2007, with an initial 5 year term and the option of 3 additional five-year extensions. The current contract expires September 30, 2012. Using the consulting services of SAIC (formerly RW Beck,) RFP #201228 for Solid Waste and Recycling Collection and Disposal Services was issued on March 5, 2012, with a closing date of April 19, 2012. There were 6 responses to the RFP, with one of these disqualified as non-responsive. The five qualifying responses were received from Waste Management (WM), IESI, TDS, Allied Waste, and Central Texas Refuse (CTR.) There are specific services that are included in the RFP that are not included in the current contract, including single stream recycling and separate green waste collection, which reflect the requests and preferences presented by customers and respondents to the 2011 Solid Waste and Recycling Survey, as well as those suggested by City Council. The majority of the RFP requests standard services, but leaves the process for providing these services to the discretion of the proposer. It also requests information on additional services the proposer could provide for the City. The open style of the RFP resulted in several original and interesting responses. Two of the responders were eliminated using the most common method; contract cost. The remaining three providers, CTR, TDS and Allied Waste, participated in a presentation / interview process with the Solid Waste team. The contract could be fulfilled through either TDS or CTR as a single provider, or through a combined effort of CTR and Allied Waste. GUS BOARD RECOMMENDATION: GUS Board meeting was after the due date for Council items. Board recommendation will be delivered at the dais. STAFF RECOMMENDATION: It is the recommendation of staff that negotiations are initiated with TDS as the primary provider. If no agreement can be reached, CTR and then Allied Waste will be included in negotiations. FINANCIAL IMPACT: The contract cost for each of the proposers that were interviewed all fell within 5% of each other. SUBMITTED BY: Kathy Ragsdale, Environmental and Conservation Services Director/Jim Briggs, Assistant City Manager Cover Memo Item # J City of Georgetown, Texas June 12, 2012 SUBJECT: Discussion and possible action to amend the Wayfinding and Signage Master Plan and provide funding to update lettering on the east Monument sign -- Shelly Hargrove, Main Street Manager ITEM SUMMARY: In June 2003, the City Council adopted the Downtown Master Plan. One element of the plan calls for a coordinated system of wayfinding and public signage. Then on March 22, 2005, City Council approved the Wayfinding and Signage Master Plan. Implementation of the Plan began in phases shortly thereafter. The monument signs located on major thoroughfares were designed to welcome people into Georgetown. The monument sign on Hwy 29 East is located on land owned by Southwestern University. In an effort to raise awareness that Georgetown is a University town as well as strenghthen the relationship with Southwestern University, we would like to partner with the university to add "Home of Southwestern University" to this sign. The total cost of the sign is estimated at $2,706.00. Staff now respectfully requests that Council approve funds to cover the costs of the added lettering. FINANCIAL IMPACT: Up to $1,400.00 SUBMITTED BY: Shelly Hargrove ATTACHMENTS: Graphic and estimate cost of sign Cover Memo Item # K Attachment number 1 \nPage 1 of 1 Item # K City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to direct the City Manager to award 1-time bonuses to all eligible City employees who received an “Exceeds or Outstanding” on the September 30, 2011 performance evaluations, to be funded with current year budgetary savings -- Danny Meigs, Councilmember District 3 ITEM SUMMARY: This item is to direct the City Manager to award bonuses to eligible City employees who received an “Exceeds” or “Outstanding” on the September 30, 2011 performance evaluations. Bonuses are funded equally between the General Fund, Electric Fund and Water Services Fund. Funding for these bonuses will come from either expense savings or non-budgeted revenues from the current fiscal year. Detail as follows: General Fund: $140,000 Flood Insurance Refund $(82,060) Election Expense savings (20,000) Worker’s Comp Equity Return (6,307) Salary Savings (31,633) Electric Fund $140,000 Salary Savings $(140,000) Water Services Fund $140.000 Savings from Lift Savings Upgrades $(140,000) The proposed amounts for each bonus are: Exceeds $1,000 175 employees Outstanding $1,500 33 employees FINANCIAL IMPACT: Funding for the bonuses will be from CURRENT YEAR savings or excess revenues, and as such, would be considered “available” only for 1-time expenditures in the 2012/13 budget. Per the City’s Fiscal and Budgetary Policy, the savings could not be used to fund on-going expenses in next year’s budget. If approved, an amendment to the 2011/12 Annual Budget may be needed. If so, such an amendment will be included in the year-end budget amendment that is usually presented in November. SUBMITTED BY: Cover Memo Item # L City of Georgetown, Texas June 12, 2012 SUBJECT: First Reading of an Ordinance amending Chapter 2.16 of the Code Of Ordinances relating to Compensation or Expense Reimbursement for the Mayor and Councilmembers -- Bridget Chapman, Acting City Attorney (action required) ITEM SUMMARY: On March 27, 2012, the Mayor appointed members to a committee charged to review and bring forward recommendations regarding City Council compensation. According to the City Charter, this committee is required to meet at least every two years: Sec. 2.15. - Remuneration to Mayor and Council. The Mayor shall name a committee, composed of qualified voters, whose responsibility will be to review, at least every two (2) years, the salaries of the Mayor and Councilmembers, and make recommendations regarding those salaries. The report of the committee shall be made at a regular Council meeting and shall require an official act by Council to either enact, alter or reject the recommendations. In all cases where action alters existing salaries for Mayor and Councilmembers, the changes in salaries will begin immediately following the next election of City officials. The members of the 2012 Compensation Committee are Barbara Pearce (Chair), Bill Connor, Steve Fought, Ben Oliver and Virginia Lazenby. The committee met on April 4, 2012 and April 18, 2012. They prepared a report outlining their recommendations. On May 8, 2012, the Committee presented its report and recommendations to the City Council. The City Council voted to enact those recommendations. This Ordinance codifies the Committee’s recommendations the Council’s adoption of them. FINANCIAL IMPACT: SUBMITTED BY: Bridget Chapman, Acting City Attorney ATTACHMENTS: Ordinance Committee Report Council Minutes Redline of Ordinance Cover Memo Item # M ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS (“CITY”) AMENDING CHAPTER 2.16 OF THE CODE OF ORDINANCES RELATING TO COMPENSATION OR EXPENSE REIMBURSEMENT FOR THE MAYOR AND COUNCILMEMBERS; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2.15 of the City Charter provides for the appointment of a committee to review at least every two years the salaries of the Mayor and Council members and to make recommendations regarding those salaries; and WHEREAS, pursuant to Section 2.15 of the City Charter, the City Council adopted Ordinance 2010-15 which enacted the recommendations of the Council Compensation Committee in 2010; and WHEREAS, the following recommendations were approved: WHEREAS, the 2012 Council Compensation Committee NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. Chapter 2.16 of the Code of Ordinances is amended as follows: Chapter 2.16 Compensation of Officers Sec. 2.16.010 Compensation (A) The Mayor shall receive compensation of $550 per month. (B) The Mayor Pro Tem shall receive compensation of $400 per month. (C) The Council members shall receive compensation of $400 per month. Sec. 2.16.020 Reserved Attachment number 1 \nPage 1 of 2 Item # M Section 3. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED ON FIRST READING on the ______ day of__________, 2012. PASSED AND APPROVED ON SECOND READING on the ______ day of ________, 2012. ATTEST: THE CITY OF GEORGETOWN: ________________________________ _____________________________________ Jessica Brettle , George G. Garver, City Secretary Mayor APPROVED AS TO FORM: ______________________________ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # M At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # M At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # M At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 2 It e m # M At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 2 It e m # M Georgetown, Texas, Code of Ordinances Page 1 of 1 CHAPTER 2.16. - COMPENSATION OF OFFICERS Sec. 2.16.010. - Compensation A. The Mayor shall receive a base salary of $550.00 per month. B. The Mayor Pro Tem shall receive a base salary of $400.00 per month. C. The Council members shall receive a base salary of $400.00 per month. Sec. 2.16.020. - Reserved. Attachment number 4 \nPage 1 of 1 Item # M City of Georgetown, Texas June 12, 2012 SUBJECT: First Reading of an Ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Chief Financial Officer (action required) ITEM SUMMARY: This ordinance formally amends the City’s organizational hierarchy as required by City Charter. It also “moves” and restructures the current 2011/12 Annual Budget to reflect this changes. The organizational changes include: · The “Community Development” Division is dissolved with its departments assigned to other Divisions. o Planning is now included in Management Services. o Inspections are now in the Georgetown Utility System Division. o Code Enforcement is now included in the Police Division. o Fire Inspection is now included in the Fire Division. · In addition, the Community Services Division has been expanded and will now be known as the “Downtown and Community Services” Division. o Downtown and Historic Planning has been separated from traditional planning and has been assigned to this new division. o Housing/CDBG Grant Administration and Home Repair has been designated a separate area within this division to ensure focus is given and projects are tracked. These changes correspond with the new organizational structure and chart that has been presented by the City Manager. These changes are necessary to provide organizational efficiency and ensure services are maintained. FINANCIAL IMPACT: This ordinance modifies the City’s existing organizational structure, and does NOT increase appropriations; therefore, there is no direct financial impact to the budget. SUBMITTED BY: ATTACHMENTS: Organizational Chart Ordinance Cover Memo Item # N At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # N Amend Divisions/Departments 2011/12 Ordinance No. _______________ Page 1 ORDINANCE NUMBER _________________________ AN ORDINANCE AMENDING CITY OF GEORGETOWN, CODE OF ORDINANCES § 2.08.010 ADMINISTRATIVE DIVISIONS AND DEPARTMENTS; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Charter Section 5.04 “Directors of Divisions” establishes organizational hierarchy; and WHEREAS, the Administrative Divisions and Departments are for budgetary purposes; and WHEREAS, the City is amending the organizational hierarchy to more effectively manage City operations; and WHEREAS, the City Council of the City of Georgetown, Texas deems it necessary to amend § 2.08.010 of the City of Georgetown Code of Ordinances entitled "Administration", "Administrative Divisions and Departments" to reflect the changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2. The City of Georgetown Code of Ordinances, Chapter 2, Administration, § 2.08.010, Administrative Divisions and Departments, is hereby amended to read as follows: § 2.08.010. Administrative Divisions and Departments. There are hereby established the following administrative divisions and departments of the City: : Downtown & Community Services Division: Administration Convention & Visitors Bureau /Tourism Downtown and Historic Planning Housings/CDBG Grant Administration/Home Repair Parks Public Library Recreation Georgetown Utility Systems Division: Administration Energy Services (Electric) Attachment number 2 \nPage 1 of 3 Item # N Amend Divisions/Departments 2011/12 Ordinance No. _______________ Page 2 Environmental Services Inspection Services Systems Engineering Water Services (Wastewater & Water) Finance and Administration Division: Administration Accounting Facilities Construction & Maintenance (including Internal Service Fund) Vehicle Service Center & Fleet Management (including Internal Service Fund) Information Technology Operations (including Internal Service Fund) Geographic Information Systems (GIS) Municipal Court Purchasing Utility Office Fire Division: Administration Fire Inspections Operations Management Services Division: City Council City Manager’s Office Economic Development Administration Main Street Legal Services Human Resources Planning Public Communication General Government Contracts Police Division: Administrative Services Bureau Animal Services Department Code Enforcement Operations Bureau Transportation Services Division: Administration Airport Stormwater Drainage Street Department SECTION 3. In the event any section, paragraph, subdivision, clause, phrase, provision sentence or part of this ordinance or the application of same to any person or circumstance shall for any reason be Attachment number 2 \nPage 2 of 3 Item # N Amend Divisions/Departments 2011/12 Ordinance No. _______________ Page 3 adjudged invalid or held unconstitutional, by a court of competent jurisdiction, it shall not affect, impair, or invalidate the remainder of this ordinance which shall be given full force and effect. PASSED AND APPROVED on First Reading on the 12th day of June 2012. PASSED AND APPROVED on Second Reading on the 26th day of June, 2012. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: Bridget Chapman, Acting City Attorney Attachment number 2 \nPage 3 of 3 Item # N City of Georgetown, Texas June 12, 2012 SUBJECT: First Readingof an Ordinance for the voluntary annexationinto the city limits of 93.77 acres, more or less, Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, for a future section of Georgetown Village, located on Shell Road -- Jordan J. Maddox, AICP, Principal Planner (action required) ITEM SUMMARY: The proposed annexation is for property adjacent to the existing Georgetown Village, Section Six. It is property that is being put together from 3 tracts of land and is anticipated to be the next phase of development, tentatively named Creekside at Georgetown Village. The acreage is planned to be residential as part of the Georgetown Village Concept Plan and the annexation petition will soon be followed by a rezoning and preliminary plat. In order to complete the annexation, the following process will be followed: April-June 2012 Calendar · May 8, 2012: Resolution accepting petition · May 8, 2012: 1st Public Hearing held at City Council Meeting. · May 22, 2012: 2nd Public Hearing at City Council Meeting. · June 12, 2012: 1st Reading of Ordinance at City Council Meeting, · June 26, 2012: 2nd Reading of Ordinance.* *Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is August 28, 2012. Note: The annexation of this property leaves a sliver of land between this property and Sun City outside of the city limits. It is not a complete "donut hole” but staff has expressed concern to the property owner about the prospect of it becoming a donut hole since much of the property is not developable. Staff has alerted the applicant that attention to this matter needs to occur prior to second reading of the ordinance and that the ordinance will be delayed until that occurs. MOTION: Approval of the first reading of an ordinance annexing 93.77 acres of into the city limits to be known as Creekside at Georgetown Village . FINANCIAL IMPACT: Service Plan denotes public services to be provided. Capital improvements provided by property owner/developer through development process. SUBMITTED BY: Jordan J. Maddox, AICP ATTACHMENTS: Exhibit A - Location Map Cover Memo Item # O Exhibit B - Survey Exhibit C - Service Plan Ordinance Cover Memo Item # O Ordinance No. __________ Page 1 of 3 GT Village Creekside Annexation Ordinance No. ___________ An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 93.77 acres, more or less, in the Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, as described in Exhibit B of this Ordinance; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on May 8, 2012; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on May 8, 2012, and May 22, 2012; and Whereas, all of the herein-described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein-described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes 93.77 acres out of the Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, as shown in “Exhibit A” of this ordinance, as described in “Exhibit B” of this ordinance. “Exhibit C” contains the service plan. Section 3. The 93.77 acres, as described in “Exhibit B” of this ordinance, is included in City Council District 5, as it is adjacent to Council District 5 and no other City Council Districts. Attachment number 1 \nPage 1 of 2 Item # O Ordinance No. __________ Page 2 of 3 GT Village Creekside Annexation Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect ten days after its adoption, in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 12th day of June, 2012. Passed and Approved on Second Reading on the 26th day of June, 2012. Attest: The City of Georgetown: _________________________________ _________________________________ Jessica Brettle George Garver City Secretary Mayor Approved as to form: _________________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # O Attachment number 2 \nPage 1 of 1 Item # O Attachment number 3 \nPage 1 of 4 Item # O Attachment number 3 \nPage 2 of 4 Item # O Attachment number 3 \nPage 3 of 4 Item # O Attachment number 3 \nPage 4 of 4 Item # O Annexation Service Plan GT Village Creekside Page 1 of 13 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: CREEKSIDE AT GEORGETOWN VILLAGE COUNCIL DISTRICT NO. 5 DATE: JUNE 26, 2012 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit “A” and Exhibit “B” to this Service Plan, which has sometimes been referred to as “Creekside at Georgetown Village.” The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on May 8, 2012, and May 22, 2012, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property would require a rezoning and Utility Agreement at the time of development. The rezoning and Utility Agreement shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and Utility Agreement, the Utility Agreement shall control. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES Attachment number 4 \nPage 1 of 13 Item # O Annexation Service Plan GT Village Creekside Page 2 of 13 The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s Attachment number 4 \nPage 2 of 13 Item # O Annexation Service Plan GT Village Creekside Page 3 of 13 ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. Attachment number 4 \nPage 3 of 13 Item # O Annexation Service Plan GT Village Creekside Page 4 of 13 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall Attachment number 4 \nPage 4 of 13 Item # O Annexation Service Plan GT Village Creekside Page 5 of 13 apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. Attachment number 4 \nPage 5 of 13 Item # O Annexation Service Plan GT Village Creekside Page 6 of 13 VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to Attachment number 4 \nPage 6 of 13 Item # O Annexation Service Plan GT Village Creekside Page 7 of 13 water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be Attachment number 4 \nPage 7 of 13 Item # O Annexation Service Plan GT Village Creekside Page 8 of 13 required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for Attachment number 4 \nPage 8 of 13 Item # O Annexation Service Plan GT Village Creekside Page 9 of 13 single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. Attachment number 4 \nPage 9 of 13 Item # O Annexation Service Plan GT Village Creekside Page 10 of 13 D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: Attachment number 4 \nPage 10 of 13 Item # O Annexation Service Plan GT Village Creekside Page 11 of 13 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Attachment number 4 \nPage 11 of 13 Item # O Annexation Service Plan GT Village Creekside Page 12 of 13 Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer Attachment number 4 \nPage 12 of 13 Item # O Annexation Service Plan GT Village Creekside Page 13 of 13 system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Attachment number 4 \nPage 13 of 13 Item # O City of Georgetown, Texas June 12, 2012 SUBJECT: Second Reading of an Ordinance adopting an updated Official Zoning Map -- Jordan J. Maddox, AICP, Principal Planner(action required) ITEM SUMMARY: The City’s Official Zoning Map graphically depicts the City’s adopted zoning districts and boundaries, corresponding with the Unified Development Code (UDC). The map is adopted independently of the UDC, yet the procedures for amendment and replacement are provided therein. The present map was adopted in April 2002, prior to the adoption of the UDC, and has frequently been amended by ordinance since then. The adoption of the 2002 version was intended to correct a series of amendment omissions that had occurred prior to that date, and also to acknowledge the emerging presence of digital mapping (more specifically, Geographic Information Systems (GIS) technology) as the administrative and enforcement mechanism that would better represent the most accurate and up-to-date version of the Official Zoning Map. With the addition of GIS staff and an increase in resources for information technology since 2002, the City’s mapping systems have improved dramatically and have been a reliable source of basic zoning information for staff, elected officials, and the general public. A zoning map is meant to convey a certain amount of information regarding zoning districts on private or public property. This information lets someone determine - in conjunction with the Unified Development Code - the allowed uses, development standards, and further information required so that they can act accordingly on a piece of property. Often, the map is straightforward and simple in that the information shown is the complete picture. The reality of the zoning map, however, is that it does not always represent the various layers of approvals, conditions, exceptions, etc. that would characterize the definitive entitlements on a piece of land. All zoning map amendments must be approved by an ordinance of the City Council after public hearings, in accordance with State Law and the City Charter. When considering past rezoning proposals, previous councils have approved amendments with special conditions and restrictions, often through compromises made from the dais, that are forever attached to the zoning of a property (unless later amended). This presents a complicated situation when one inquires about the zoning district for a parcel of land. In addition, the UDC and previous zoning ordinances have allowed for individual Variances and Special Use Permits that may remain with the land or may have expired, neither of which is apparent looking at the map. Further complicating the situation are the various zoning overlay districts, Planned Unit Developments, and development agreements, all of which may place restrictions on or provide benefits to a piece of land or general area, but are nearly impossible to represent on a legible map. Because of the potential difficulty in determining the full entitlements of property using the zoning map alone, the Planning Department has long had a process in place so that anyone can determine the full reach of zoning restrictions on a piece of land. A Zoning Verification Letter is the result of this process, which is an official picture of zoning provided by the department director after extensive research by Planning staff. This letter is requested of us regularly by financial institutions, title companies, real estate agents, and other interested parties, often related to a potential or pending land transaction. Nevertheless, many people take the zoning map at face value, without discussing further with City staff. For that reason, staff feels it is necessary to add qualification language to the zoning map that, hopefully, provides clarification and direction regarding the limitations of the zoning map. In addition to this disclaimer language, staff is taking this opportunity to attend to other housekeeping items, such as the map’s signature block references, district labeling and naming, and the addition to the map of the long-established Old Town Overlay District boundaries. Also found on the new map is the representation of recent annexation development agreements between the City and certain property owners, which delay annexation but otherwise prevent development from occurring on the land. These areas are not included as zoning districts of the City of Georgetown, but are increasingly becoming a fixture within the City’s ETJ and their inclusion in the Official Zoning Map is essential to provide someone a full picture of the city limit Cover Memo Item # P boundaries. The act of adopting the 2012 Official Zoning Map will not change the zoning designation of a single piece of property. As with the 2002 map and as described here, this action is mostly maintenance and upkeep of the zoning map, taken to adapt to changing circumstances and modernize when necessary. If adopted by City Council, the new map will be the starting point for all future amendments and staff is also taking steps to update the standard ordinance language for rezonings and related approvals. As stipulated in the 2002 adopting ordinance and the UDC, digital mapping will continue to be the most reliable source of base zoning information in-between paper printings, and the adoption of the new map will authorize the Mayor to sign and the City Secretary to attest. FINANCIAL IMPACT: None SUBMITTED BY: Jordan J. Maddox, AICP, Principal Planner ATTACHMENTS: 2002 Ordinance adopting Zoning Map New disclaimers Existing zoning map (fall 2011) Ordinance - Updated Map Exhibit A - 2012 Official Zoning Map Cover Memo Item # P Background At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 5 It e m # P Background At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 5 It e m # P Background At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 5 It e m # P Background At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 5 It e m # P Background At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 5 It e m # P Attachment number 2 \nPage 1 of 1 Item # P Background New disclaimer section on Georgetown Official Zoning Map “The Official Zoning Map is a graphical depiction of base zoning districts. The map does not depict special conditions, exceptions, Special Use Permits, Variances, and any other approvals that fully represent the entitlements or restrictions on a given property. The map does not depict the Gateway Overlay District or Courthouse View Protection Overlay District, both of which can be found in the Unified Development Code. In accordance with Section 4.02.020 of the Unified Development Code, digital mapping may be used to represent the most accurate and up-to-date information in-between paper printings of the Official Zoning Map. To confirm a property’s zoning, please request an official Zoning Verification Letter from the City of Georgetown.” Attachment number 3 \nPage 1 of 1 Item # P Ordinance No. ___________________________ Official Zoning Map Update - 2012 Page 1 of 3 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, adopting an updated Official Zoning Map; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. WHEREAS, Chapter 211 of the Texas Local Government Code, grants Home-Rule municipalities the ability to create zoning districts and boundaries thereof; and WHEREAS, Section 4.02 of the City of Georgetown Unified Development Code refers to the Official Zoning Map of the City of Georgetown, Texas; and WHEREAS, Section 4.02 of the Unified Development Code provides that there shall be one Official Zoning Map, but also provides that that copies of the Official Zoning Map may be created and used for convenience, and furthermore, that digital mapping may be used to represent the most accurate zoning information between printings of the Official Zoning Map; and WHEREAS, the Official Zoning Map graphically depicts base zoning districts and certain overlays, all of which were approved either by the adoption of the first Official Zoning Map in 1968 or by amendment or replacement since that date through act of an ordinance of the City Council of Georgetown, Texas; and WHEREAS, the most recent adoption of an Official Zoning Map was approved on the 9th Day of April, 2002, upon which time the City’s zoning regulations were codified in the City of Georgetown Zoning Ordinance; and WHEREAS, the Zoning Ordinance was moved to the City’s Unified Development Code, which was passed and adopted on the 11th Day of March, 2003; and WHEREAS, the adoption of the Unified Development Code renamed many of the City’s adopted Zoning Districts and has subsequently amended and updated the zoning regulations; and WHEREAS, the City feels it is practical to update the Official Zoning Map to correspond to the Unified Development Code, and take the opportunity to clean up the legend, signature blocks, and other housekeeping measures; WHEREAS, one purpose and intent of this update to the Official Zoning Map is to clarify the true meaning of this map through additional written disclaimers, which address the fact that the Official Zoning Map is not the complete picture of the zoning entitlements and restrictions on a piece of property, due to potential overlays, conditions and/or additional permits that may be assigned thereto; WHEREAS, due to City Council approvals in 2008 and 2011 of annexation development Attachment number 4 \nPage 1 of 3 Item # P Ordinance No. ___________________________ Official Zoning Map Update - 2012 Page 2 of 3 agreements provided for in Chapter 43 of the Texas Local Government Code, it is appropriate to add the locations of these agreements to the map to denote the implications of development on those parcels; WHEREAS, this update to the Official Zoning Map contains no changes to the zoning of real property, does not create any new districts or overlays, nor does it constitute a rezoning or any other change to the map that would otherwise require an ordinance of the City Council; and WHEREAS, the Official Zoning Map needs to be updated to include all rezoning amendments approved by the City Council through June 12, 2012; and WHEREAS, the City Council has submitted the proposed update to the Official Zoning Map to the City Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, the Planning and Zoning Commission in a meeting held on May 1, 2012, recommended approval of the update to the Official Zoning Map and recommended authorizing the Mayor to sign an updated Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance is in full compliance with the goals and objectives of the 2030 Comprehensive Plan and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan policies. SECTION 2. The June 12, 2012, Official Zoning Map (Exhibit A), as may be amended from time to time, is hereby adopted and becomes the Official Zoning Map referred to in Section 4.02 of the Unified Development Code, replacing the 2002 version of the same map. The provisions of an ordinance establishing a zoning district, amending a zoning district classification, amending a zoning district boundary, or relating to zoning regulations controls over any conflicting information shown on the official zoning map. SECTION 3. The Mayor is hereby authorized to sign, and the City Secretary to attest, the updated City of Georgetown Official Zoning Map. SECTION 4. All parts of ordinances and resolutions adopting an Official Zoning Map prior to this Ordinance are hereby repealed, and are no longer of any force and effect. Attachment number 4 \nPage 2 of 3 Item # P Ordinance No. ___________________________ Official Zoning Map Update - 2012 Page 3 of 3 SECTION 5. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on 22nd day of May, 2012. PASSED AND APPROVED on Second Reading on the 12th day of June, 2012. ATTEST: THE CITY OF GEORGETOWN: ________________________ ____________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: __________________________ Bridget Chapman Acting City Attorney Attachment number 4 \nPage 3 of 3 Item # P Attachment number 5 \nPage 1 of 1 Item # P City of Georgetown, Texas June 12, 2012 SUBJECT: Second Reading of an Ordinance formally adopting the Fiscal and Budgetary Policy to be used in preparing the 2012/13 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action required) ITEM SUMMARY: The Fiscal and Budgetary Policy is the document that guides the City’s financial operations, and therefore, each year as part of the budget process, the Policy is reviewed and updated for the upcoming budget year. The General Government and Finance Subcommittee (GGAF) reviewed the policy recommendations at their May 9, 2012. They unanimously recommended the proposed amendments: · Page 3 - Requirement for 5 Year Business Plan and financial forecast as part of the budget planning process · Page 6 - Recognizes benefit for tax payers in Recreation Programs (resident/non-resident cost differential) § Sets operational “Cost Recovery” target for Recreation programs · Page 7 - Defines target balance of “Electric Rate Stabilization Reserve Account” and defines when/how the reserve will be used · Page 8 - Changes the basis from percent of revenue to kWh for ROI/Franchise Fee transfers from the Electric Fund to the General Fund · Page 11 - Updates current Purchasing Policy chart and adds Change Order Policy · Page 13 - Adds a chart that outlines the requirements for Advisory Board review for CIP and adds the Airport to GTAB, Parks/Recreation to Parks Advisory Board, and other general government projects to GGAF · Page 17 - Ensures that all entities included in the City CAFR comply with the City’s Investment Policy · Page 21 - Adds language to clarify the Federal requirements for post-issuance compliance on City bonds · Page 23 - Defines the “contingency reserves” for all funds adding language related to usage and purpose In addition, references to fiscal year 2012/13 have been updated and designated amounts have been left blank, if unknown. These amounts will be included once they have been determined and will be included in the final document that is included with the adopted 2012/13 Annual Budget. FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: Ordinance Red line copy of Fical and Budgetary Policy Cover Memo Item # Q Ordinance Number:____________ Page 1 of 2 Fiscal and Budgetary Policy Amendment Date Approved: ________________ ORDINANCE NUMBER _________________________ AN ORDINANCE OF THE CITY OF GEORGETOWN, TX FORMALY ADOPTING THE FISCAL AND BUDGETARY POLICY; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council developed a Fiscal and Budgetary Policy and was adopted by City Council action in 2001; and WHEREAS, the Fiscal and Budgetary Policy has been reviewed and adopted each year since 2001 by such Council action; and WHEREAS, this Policy is used to guide the City’s financial operations; and WHEREAS, the City’s Annual Budget is prepared in accordance with this policy; and WHEREAS, the City Council has reviewed and approved the amended Fiscal and Budgetary Policy for 2012/13; and WHEREAS, the City Council has deemed this Policy to be in effect: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2. The City Council approves the Fiscal and Budgetary Policy as illustrated in Exhibit A. SECTION 3. In the event any section, paragraph, subdivision, clause, phrase, provision sentence or part of this ordinance or the application of same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional, by a court of competent jurisdiction, it shall not affect, impair, or invalidate the remainder of this ordinance which shall be given full force and effect. SECTION 4: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. Attachment number 1 \nPage 1 of 2 Item # Q Ordinance Number:____________ Page 2 of 2 Fiscal and Budgetary Policy Amendment Date Approved: ________________ PASSED AND APPROVED on First Reading on the 22nd day of May, 2012. PASSED AND APPROVED on Second Reading on the 12th day of June 2012. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: Bridget Chapmen, Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # Q 1 City of Georgetown Fiscal and Budgetary Policy 1st Reading May 10, 2011 - Second Reading May 24, 2011 I. PURPOSE The City of Georgetown is committed to financial management through integrity, prudent stewardship, planning, accountability, full disclosure and communication. The broad purpose of the Fiscal and Budgetary Policies is to enable the City to achieve and maintain a long-term stable and positive financial condition, and provide guidelines for the day-to-day planning and operations of the City’s financial affairs. Policy scope generally spans areas of accounting and financial reporting, internal controls, both operating and capital budgeting, revenue management, investment and asset management, debt management and forecasting. This is done in order to: A. Demonstrate to the citizens of Georgetown, the investment community, and the bond rating agencies that the City is committed to a strong fiscal operation; B. Provide precedents for future policy-makers and financial managers on common financial goals and strategies; C. Fairly present and fully disclose the financial position of the City in conformity to generally accepted accounting principals (GAAP); and D. Demonstrate compliance with finance-related legal and contractual issues in accordance with the Texas Local Government Code and other legal mandates. These policies will be reviewed and updated annually as part of the budget preparation process. II. FUND STRUCTURE AND BASIS OF BUDGETING The budgeted funds for the City of Georgetown include: Governmental Funds: General Fund which accounts for all financial resources except those required to be accounted for in another fund, and include basic governmental services, such as Street Maintenance, Planning and Development, Police, Fire and Parks, as well as, solid waste management. Special Revenue Funds (SRF) account for specific revenues that are legally restricted for specified purposes. The City currently budgets 12 ____SRF Funds and includes Tourism, Parkland Dedication, Library Donations, Animal Services Donations, and Street Maintenance Sales Tax. Debt Service Fund is used to account for the payment of general long-term debt principal and interest. Attachment number 2 \nPage 1 of 27 Item # Q 2 Capital Project Funds are used to account for the acquisition or construction of major capital facilities other than those financed by enterprise activities. Proprietary Funds: Internal Service Funds account for good or services provided by one internal department to another. The City uses this system to recognize cost for fleet replacement and maintenance, facility maintenance and computer replacement and maintenance. Enterprise Funds include the City’s “business like” activities including all the utility funds and the airport. Basis of Accounting and Basis of Budgeting The City’s accounts and budgets for all Governmental Funds using the modified accrual basis of accounting. This basis means that revenue is recognized in the accounting period in which it becomes available and measurable, while expenditures are recognized in the accounting period in which they are incurred. Because the appropriated budget is used as the basis for control and comparison of budgeted and actual amounts, the basis for preparing the budget is the same as the basis of accounting. Exceptions to the modified accrual basis of accounting include:  Encumbrances, which are treated as expenditures in the year they are encumbered, not when expended.  Grants, which are considered revenue when awarded, not received.  Principal and interest on long-term debt, which are recognized when paid. General government funds include the general fund, special revenue funds, debt service fund and general capital project funds. Proprietary Funds, which include the enterprise and internal service funds are accounted and budgeted using the full-accrual basis of accounting. Under this method, revenues are recognized when they are earned and measurable, while expenses are recognized when they are incurred regardless of timing or related cash flows. The basis for preparing the budget is the same as the basis of accounting except for principal payments on long-term debt and capital outlay which are treated as budgeted expenses. Exceptions include:  Depreciation which is not budgeted  Non-budgeted accruals such as compensated absences III. FUND BALANCE POLICIES The City’s Fund Balance is the accumulated difference between assets and liabilities within governmental funds, and it allows the City to meet its contractual obligations, fund disaster or emergency costs, provide cash flow for timing purposes and fund non-recurring expenses appropriated by City Council. This policy establishes limitations on the purposes for which Fund Balances can be used in accordance with Governmental Accounting Standards Board (GASB) Statement Number 54. Attachment number 2 \nPage 2 of 27 Item # Q 3 The City’s Fund Balance will report up to five components: 1. Non-spendable Fund Balance – includes inherently non-spendable assets that will never convert to cash, as well as, assets that will not convert to cash soon enough to affect the current financial period. Assets included in this category are prepaid items, inventory and non-financial assets held for resale. 2. Restricted Fund Balance – represents the portion of fund balance that is subject to legal restrictions, such as grants or hotel/motel tax and bond proceeds. 3. Committed Fund Balance – describes the portion of fund balance that is constrained by limitations that the City Council has imposed upon itself, and remains binding unless the City Council removes the limitation. 4. Assigned Fund Balance – is that portion of fund balance that reflects the City’s intended use of the resource and is established in a less formal method by the City for that designated purpose. 5. Unassigned Fund Balance – represents funds that cannot be property classified in one of the other four categories. IV. OPERATING BUDGET Budgeting is an essential element of the financial planning, control and evaluation process of municipal government. The “operating budget” is the City’s annual financial operating plan. The annual budget includes all of the operating departments of the general fund, proprietary funds, debt service funds, special revenue funds, and capital improvement funds of the City. A. Comprehensive Plan – The 2030 Plan is written from a perspective of some twenty years into the future. It expresses what we envision and desire our community to be in the year 2030, and it reflects on all that we have accomplished since we launched the revision of our Comprehensive Plan in 2006. The Plan utilizes a Vision Statement to guide the desired outcomes for the community. 1. Five-Year Business Plan – A “dashboard” plan will be developed that links the 2030 Plan Vision Statement with the City Council’s strategic goals that further the implementation of the Vision. From those strategic goals an implementation plan will be created. a. A Five-Year Financial Forecast will be created and updated annually that will identify potential tax impacts, rate adjustments and other factors that will impede the implementation of the Business Plan. b. Year-One of the Business Plan is the basis for the Annual Budget. A.B. Preparation – The Charter (Section 6.02) requires “a proposed budget prepared by the City Manager and submitted to the City Council at least thirty days prior to the end of the fiscal year. The budget shall be adopted not later than the twenty-seventh day of the last month of the fiscal year. No budget will be adopted or appropriations made unless the total estimated revenues, income and funds available shall be equal to or in excess of such budget or appropriations, except otherwise provided”. Therefore, the budget will be presented to the City Council no later than the 1st day of August to provide the City Council time to adopt the budget in the required time frame. Attachment number 2 \nPage 3 of 27 Item # Q 4 1. Proposed Budget – A proposed budget shall be prepared by the City Manager with participation of all of the City’s Division Directors within the provision of the Charter and the Vision Statement of the 2030 Plan. a) The budget shall include four basic segments for review and evaluation:  Revenues  Personnel Costs  Operations and Maintenance  Capital and other non project costs b) The budget review process will include City Council participation in the development of each segment and allow for citizen participation in the process, and will allow for sufficient time to address policy and fiscal issues by the City Council. c) A copy of the proposed budget will be filed with the City Secretary when it is submitted to the City Council. A copy will also be available at the Georgetown Public Library for citizen review. 2. Adoption – Upon finalization of the budget appropriations, the City Council will hold a public hearing, and subsequently adopt by Ordinance the final budget as amended. The budget will be effective for the fiscal year beginning October 1st. The Annual Budget document will be submitted annually to the Government Finance Officers Association (GFOA) for evaluation and consideration for the Distinguished Budget Presentation Award. B.C. Balanced Budget – The goal of the City is to adopt and maintain a balanced operating budget using sustainable funding sources that are expected to continue to be available in subsequent fiscal years. Excess balances in operating funds from previous fiscal years shall remain in the fund in which they were appropriated until either such excess balances are proposed and adopted pursuant to Section B of the this policy; until they are used to reduce outstanding debt obligations of the City; or both. The Charter (Section 6.04) requires that an operating deficit created in any fiscal year shall be paid off and discharged during the following year. In practice, deficit has been interpreted to mean City funds as a whole. The City Council may choose from time to time to allow individual funds to have a negative balance as long as Operating Reserve requirements for the City as a whole are maintained. C.D. Planning – The budget process will be coordinated so that major policy issues are identified prior to the budget approval date. This will allow City Council adequate time for consideration of appropriate decisions and analysis of financial impacts. D.E. Reporting – Summary financial reports will be presented to the City Council quarterly. These reports will be in a format appropriate to enable the City Council to understand the overall budget and financial status. The City Manager will also present a mid-year report to the City Council within 60 days following the end of the second fiscal quarter that updates the status of projects and related financial goals set forth in the budget. Attachment number 2 \nPage 4 of 27 Item # Q 5 E.F. Control and Accountability – Each Division Director, appointed by the City Manager, will be responsible for the administration of his/her departmental budget. This includes accomplishing the Goals and Objectives adopted as part of the budget and monitoring each department budget for compliance with spending limitations. Division Directors may transfer funds up to $20,000 within the operations and maintenance or capital line items within a departmental budget category without additional approval. All transfers within the Personnel line items require approval of the Chief Financial Officer and City Manager. All other transfers of appropriation or budget amendments require either City Council or City Manager approval as outlined in Section IV.B. G. Budget Amendments – The Charter (Section 6.04) provides a method to amend for budget amendments and emergency appropriations. The City Council may authorize with a majority plus one vote, an emergency expenditure as an amendment to the original budget. This may be done in cases of grave public necessity to meet an unusual and unforeseen condition that was not known at the time the budget was adopted. In practice, this has been interpreted to include revenue-related expenses within the enterprise funds and timing differences on capital improvement projects. The following criteria will be used in evaluation of budget amendments:  Is the request necessary?  Why was the item not budgeted in the normal budget process?  Why can't a transfer be done within the Division to remedy the condition? The Chief Financial Officer must certify availability of revenues or funding sources prior to adoption. The City will amend the budget at year end, if needed, for revenue based expenditures that exceeded budgeted amounts due to increased revenue and recognize any grant funded expenditures for grants received after the budget was adopted or last amended. The City will also amend the budget if necessary as part of the Mid-Year Review process for any capital project timing adjustments from prior year, as well as, any other known adjustments needed and approved at that time. H. Contingency Appropriations – The budget may include contingency appropriations within designated operating department budgets. These funds are used to offset expenditures for unexpected maintenance or other unanticipated expenses that might occur during the year. Currently, the City maintains contingency appropriations for insurance deductibles, unexpected legal expenses and equipment repairs. I. Council Discretionary Account – The budget may contain appropriated funds to be used at the discretion of the City Council. Actual expenditure of these funds is specifically approved by the City Council on an item by item basis. The Council Discretionary Account for 2011/12 2012/13 is $10,000 included in the General Fund. Attachment number 2 \nPage 5 of 27 Item # Q 6 V. REVENUE MANAGEMENT A. Characteristics – The City will strive for the following optimum characteristics in its revenue system: 1. Simplicity – The City, where possible and with out sacrificing accuracy, will strive to keep the revenue system simple in order to reduce compliance costs for the taxpayer or service recipient. 2. Certainty – A knowledge and understanding of revenue sources increases the reliability of the revenue system. The City will understand its revenue sources and enact consistent collection policies to provide assurances that the revenue base will materialize according to budget. 3. Equity – The City shall make every effort to maintain equity in its revenue system; i.e., the City should seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities, and customer classes, and ensure an on-going return on investment for the City. A. The City will make every effort to recognize the benefit that City tax payers contribute to City programs and services. B. The annual Parks and Recreation residential membership rates are established at 75% of non-residential rates plus or minus 10% at the discretion of the Parks and Recreation Director in keeping with the targeted market cost recovery. 4. Revenue Adequacy – The City should require there be a balance in the revenue system; i.e., the revenue base will have the characteristics of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. A. Overall Operational Cost Recovery for Parks and Recreation for the Recreation and Tennis Centers is targeted to be between 50 – 60%, with some variance in individual programs. 3.5. Realistic and Conservative Estimates - Revenues will be estimated realistically, and conservatively, taking into account the volatile nature of various revenue streams. 4.6. Administration – The benefits of a revenue source should exceed the cost of levying and collecting that revenue. 7. Diversification and Stability – A diversified revenue system with a stable source of income shall be maintained. This will help avoid instabilities in two particular revenue sources due to factors such as fluctuations in the economy and variations in the weather. A. Other Considerations – The following considerations and issues will guide the City in its revenue policies concerning specific sources of funds: 1. Cost/Benefit of Incentives for Economic Development – The City will use due caution in the analysis of any incentives that are used to encourage Attachment number 2 \nPage 6 of 27 Item # Q 7 development. A cost/benefit (fiscal impact) analysis will be performed as part of the evaluation. 2. Non-Recurring Revenues – One-time or non-recurring revenues should not be used to finance current ongoing operations. 3. Sustainable Revenues –‘Sustainable" means revenue that is consistently available year after year. 4. Property Tax Revenues – All real and business personal property located within the City will be valued at 100% of the fair market value for any given year based on the current appraisal supplied by the Williamson County Appraisal District. Conservative budgeted revenue estimates result in a projected ninety-eight percent (98%) budgeted collection rate for current ad valorem taxes. Two percent (2%) of the current ad valorem taxes will be projected as the budget for delinquent ad valorem tax collection. For budgeting purposes, the City will forecast the proposed property tax rate using the effective maintenance & operations (M&O) rate plus the interest & sinking (I&S) rate needed to fund tax supported debt service. Increases to the M&O rate will be deliberated and determined by the City Council. Proposed tax revenue will be budgeted at a 98% collection rate. 5. Interest Income – Interest earned from investments will be distributed to the funds in accordance with the equity balance of the fund from which the monies were provided to be invested. 5.6. User-Based Fees and Service Charges – For services associated with a user fee or charge, the direct or indirect costs of that service will be offset by a fee where possible. The City will review fees and charges no less than once every two years to ensure that fees provide adequate coverage for the cost of services. The City Council will determine how much of the cost of a service should be recovered by fees and charges. 6.7. Enterprise Fund Rates – The City will review and adopt utility rates as needed to generate revenues required to fully cover operating expenses, meet the legal requirements of all applicable bond covenants, and provide for an adequate level of working capital. Utility rates will be reviewed annually as part of the budget process. A rate study will be conducted every 3 years to review rate methodology and ensure revenues will meet future needs. A Rate Stabilization Reserve (RSR) Account has been established in the Electric Fund to offset and mitigate potential impacts to customer rates due to increased fuel costs or other external factors that may negatively impact Electric Rates. The target balance of the Reserve Account is set at 25% of the next year’s projected purchased power costs. The Rate Stabilization Reserve (RSR) may provide funding for:  Deferring or minimizing the rate impact of future costrate increases  Costs associationed with providing additional power supply  Filling contractual obligations  Balancing of annual power costs Attachment number 2 \nPage 7 of 27 Item # Q 8 RSR funds will be monitored monthly to ensure the electric rate is being managed per the Policy. Increases to RSR are made through the Power Cost Adjustment rate as determined by the fund, at the recommendation of the Assistant City Manager. Additionally, enterprise activity rates will include transfers to and receive credits from other funds as follows: a) General and Administrative Charges – Administrative costs should be charged to all funds for services of general overhead, such as administration, finance, customer billing, legal and other costs as appropriate. These charges will be determined through an indirect cost allocation following accepted practices and procedures and reviewed annually by the City’s external auditors. b) Payment for Return on Investment – The intent of this transfer is to provide a benefit to the citizens for the ownership of the various utility operations they own. For all utilities except for Electric:  In-Lieu-of-Franchise-Fee. This transfer, currently 3% of operating revenues generated inside the City, is consistent with the franchise rates charged to investor owned utilities franchised to operate within the City.  Return on Investment. The return on investment (ROI) transfer is currently calculated at 7% of operating revenues for all utilities except sanitation both inside and outside the City.. The Franchise and Return on Investment for the Electric Utility is based on kWh sold. For customers inside the City, a $____ charge per kWh, equivalent to the 3% and 7% paid by other utility customers, will be included in the cost per kWh. For customers outside the City, a $____ charge per kWh, equivalent to the 7% ROI paid by utilities, will be included in the cost, 8. Intergovernmental Revenues – All potential grants will be examined for matching requirements and must be approved by the City Council prior to making application of the grant. It must be clearly understood that operational requirements (on-going costs) set up as a result of a grant program could be discontinued once the term and conditions of the program have been completed. 9. Revenue Monitoring – Revenues as they are received will be regularly compared to budgeted revenues and variances will be investigated, and any abnormalities will be included in the quarterly report to the City Council. VI. EXPENDITURE POLICIES A. Appropriations – The point of budget control is at the department level budget for all funds. The Charter (Section 6.03) provides that any transfer of appropriation between funds must be approved by the City Council and that the City Manager, without City Council approval, is authorized to transfer appropriations among departments, within the same operational division and fund. The City Manager may Attachment number 2 \nPage 8 of 27 Item # Q 9 also authorize transfer of salary adjustment monies between funds that are budgeted in a citywide account. B. Personnel Costs – Costs related to salaries and benefits are budgeted at 100% total costs, assuming open positions are filled throughout the fiscal year. New positions that are added during the budget process may have staggered hire dates with appropriate costs reflected in the budget. 1. Vacancy Factor – General Fund appropriations will include a vacancy factor equal to 1% of total General Fund salaries and related benefits to offset salary savings within the budget. The vacancy factor will be budgeted as a negative expense within the General Government Department of the General Fund. For 2011/122012/13 the Vacancy Factor equals 195,000$191,500. This factor will be reduced throughout the year as vacant positions are recognized within the department budget. 2. Benefit Payout Reserve - The City will establish a benefit payout reserve equal to 15% of the accrued benefit liability for employees who are currently meet eligible to retirement. Only terminating employee benefit expenses may be paid from this reserve. This reserve shall be funded as an offset to the vacancy factor. For 2011/122012/13, $55,000 _____is budgeted for this reserve. 3. Position Control – The annual budget includes a set number of positions within departments when approved and adopted by City Council. Additional positions cannot be added without approval of the City Council. The City Manager may approve the transfer of authorized positions between departments if funds are available within the department. 4. Use of Excess Salary Savings – Departmental savings generated due to open positions or other salary line item savings cannot be spent by the department unless previously approved by the City Manager and validated by Finance as “excess funds”. C. Special Purpose Funding – In order to support community assistance programs, the City designates specific funding for special purposes, including Social Services, Children’s Programs, and Public Art. The City reserves the ability to cap this special purpose funding when necessitated by budget contingency or compliance issues, such as revenue shortfalls, or other reasons as determined by City Council. 1. Social Service Funding and Children’s and Youth Program Funding – The City has targeted funding for these programs to be $5.00 per capita, which may be adjusted to offset the effects of general inflation based upon CPI. If previous funding levels are higher than the targeted amount, and to avoid significant reductions in levels of funding, the City Council shall seek to attain this target chiefly through population growth. Funding for these programs will be split 83% for social services and 17% for youth funding. These funds will be allocated and paid according to the City Council’s guidelines for Social Service and Children’s and Youth Program Funding. The funding level for 2011/12 2012/13is $311,331 for Social Service Funding and $88,718 for Children’s and Youth Program Funding, both of which are the same as in the previous year. Attachment number 2 \nPage 9 of 27 Item # Q 10 Any given year, unallocated funds in either the social Services Fund or the Children’s and Youth Program Funds can be allocated to the other fund, in an amount not to exceed the estimated increase for the following year in the fund receiving the transfer. 2. Public Art Funding - The City will annually allocate funding for Public Art on a year to year basis depending on the availability of funds in an amount to be determined at the discretion of the City Manager. Funding priority will be given to projects that include a matching donation, including contributions from local organizations and sponsors. Any unspent funds will accumulate and be reallocated in the following budget year. Disbursement of these funds will be determined by the City Council at the recommendation of the City’s Arts & Culture Advisory Board. Every effort will be made to include public art funding in future City facilities whose primary purpose is for public use. These projects will include a reasonable allowance for public art that fits the scope and purpose of the building so long that it does not negatively impact the project cost beyond the original budget. In the event there is cost savings in the construction of City Facilities, the City Council may consider utilizing that savings on the purchase of public art for the facility. D. Purchasing – The City will maintain and regularly review a written Purchasing Policy. All City purchases of goods or services will be made in accordance with the City’s current Purchasing Policy and with State law. The following shows a summary of approval requirements for purchases. Dollar Limits: Procurements: Requirements: Under $3,000 Under the small purchase limit No competitive bids and City credit cards may be used. $3,000 up to $50,000 Within informal bid limit A minimum of three informal competitive bids required unless exempted: HUB requirements apply in accordance with state law. $10,000 and above Within City Manager’s approval In addition to the requirements above, the City Manager must approve the purchase $50,000 and above In excess of the informal bid limit Formal solicitations, which includes public notices, required unless exempted. Advisory board review and recommendation may be required. Council approval required. In addition to the above, all purchases must be approved accordingly to preapproved limits within each department. Attachment number 2 \nPage 10 of 27 Item # Q 11 E. Contracts and Change Orders Contracts and related change orders must follow the City Purchasing Policies and State Law. In accordance with State Law, change orders are limited to 25% of the total contract amount. Change orders $50,000 and over require the same advisory board review and Council approvals as the original contracts. E.F. Prompt Payment – All invoices approved for payment by the proper City authorities shall be paid within thirty (30) calendar days of receipt of goods or services or invoice date, whichever is later in accordance with State law. The City will take advantage of all purchase discounts, when possible. F.G. Risk Management – The City will pursue every opportunity to provide for the Public’s and City employees’ safety and to manage its risks. The goal shall be to minimize the risk of loss of resources through liability claims with an emphasis on safety programs. G.H. Retirement Benefits – Proposals to revise benefits administered and provided by the Texas Municipal Retirement System shall include a written description, and, detailed and summary numerical assessments of the changes that would result from the proposed benefit revision. 1. The numerical assessments shall include the following: a) The estimated change to the TMRS contribution rate that would result from the proposed change in benefits, expressed as a percentage of employee pay and as an annual dollar amount to the General Fund and to each City fund. b) The estimated change to the City’s unfunded pension liability, expressed as a dollar amount. c) The estimated change to the City’s actuarial funding ratio. 2. The description and numerical assessments must be provided to the City Council at least 72 hours prior to consideration and approval, and must be read aloud to the Council prior to Council consideration. 3. The estimated changes to the City’s contribution rate and the unfunded pension liability presented pursuant to the section must be based on information provided by the TMRS actuary or by professional actuary authorized by the TMRS to provide such information. 4. Proposals to revise TMRS benefits must be voted on individually as part of the City Council’s legislative agenda. 5. The City has established -80% as the targeted funding goal for the City’s unfunded pension liability. The City’s unfunded pension liability is 73.1% as of December 31, 200910, as disclosed by TMRS. 6. The City may elect to make an annual 1-time payment prior to further fund the City’s unfunded pension liability. Such payment will be approved and authorized by the City Council prior to December 31 in order to be recognized in the following year’s TMRS employer contribution rate calculation. Attachment number 2 \nPage 11 of 27 Item # Q 12 VII. BUDGET CONTINGENCY PLAN This policy is designed to establish general guidelines for managing revenue shortfalls resulting from local and national economic downturns that adversely affect the City's revenue streams. A. Immediate Action - Once a budgetary shortfall is projected, the City Manager will take the necessary actions to offset any revenue shortfall with a reduction in current expenses. The City Manager may:  Freeze all new hire and vacant positions except those deemed to be a necessity.  Review all planned capital expenditures.  Delay all "non-essential" spending or equipment replacement purchases. The City Manager shall report in a timely manner to the City Council the projected shortfall and the actions taken to resolve it. B. Further Action -. If the actions identified in subsection A are insufficient to offset the projected revenue deficit for the current fiscal year, the City Council may approve the following actions, in the order listed: 1. Apply unspent, unobligated surplus funds from prior fiscal years to fund one-time costs in the current fiscal year budget. 1.2. Notwithstanding Section XII B.1 of this policy, authorize a reduction in the unobligated fund balance in the General Fund, pursuant to Section XII B.1 of this policy, from 90 to 75 days. 2.3. Direct other reductions in services, including workforce reductions. C. Replenish Fund Balance - As soon as practicable, without placing undue strain on city services, the City Council shall increase the unobligated fund balance in the General Fund, up to the 90-day amount required in Section XII B.1 of this policy. VIII. CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET The City’s goal is to maintain City facilities and infrastructure in order to provide excellent services to the customers within the community, meet growth related needs, and comply with all state and federal regulations. A. Preparation – The City annually updates and adopts a five-year Capital Improvement Program (CIP) schedule as part of the operating budget adoption process. The plan is reviewed and adjusted annually as needed, and year one is adopted as the current year capital budget. The capital budget will include all capital projects, capital resources, and estimated operational impacts.  Needed capital improvements are identified through system models, repair and maintenance records and growth demands.  Economic development projects that have capital infrastructure needs must be reviewed and approved for funding by the City no later than March 1 to be Attachment number 2 \nPage 12 of 27 Item # Q 13 included in the annual CIP process. Any economic development project approved for funding after March 1 will be included in the following year CIP process unless otherwise authorized by City Council.  A team approach will be used to prioritize CIP projects, whereby City staff from all operational areas provide input and ideas relating to each project and its effect on operations.  Citizen involvement and participation will be solicited in formulating the capital budget through neighborhood meetings, public hearings and other forums.  Capital infrastructure necessary to meet the requirements of the City’s Annexation Plan will be identified separately within the CIP plan, so that funding alternatives can be developed if needed. Prior to Council adoption, the following Advisory Boards will review the Capital Projects budget: Georgetown Utility Systems Advisory Board (GUS) Georgetown Transportation Advisory Board (GTAB) General Government and Finance Advisory Subcommittee (GGAF) Parks Advisory Board Electric Water Wastewater Streets Stormwater Drainage Airport Facilities Other General Government capital Parks and Recreation B. Control – All capital project expenditures must be appropriated in the capital budget. Availability of resources must be identified and then reviewed by the Finance Division before any CIP contract is presented to the City Council for approval. Prior to presentation to Council, the following Advisory Boards will review: Georgetown Utility Systems Advisory Board (GUS) Georgetown Transportation Advisory Board (GTAB) General Government and Finance Advisory Subcommittee (GGAF) All utility contracts and other utility expenses greater than $50,000 All Transportation Stormwater Drainage and Airport expenditures and contracts greater than $50,000 All General Government non-routine contracts and expenditures greater than $50,000 Attachment number 2 \nPage 13 of 27 Item # Q 14 B.C. Financing Programs – Where applicable, assessments, impact fees, pro rata charges, or other fees should be used to fund capital projects which have a primary benefit to specific identifiable property owners. Recognizing that long-term debt is usually a more expensive financing method, alternative-financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives equal or exceeding the average life of the debt issue.  Short-term financing including Capital Leasing and other tax-supported obligations can be used to fund vehicles, computers and other operating equipment provided the impact to the tax rate is minimal. Caution should be used in replacing assets with short-term, tax-supported obligations due to the repetitive nature of the replacements. The total amount of I & S (interest and sinking) portion of the tax rate dedicated to fund short-term debt for equipment replacement will not exceed $0.04. The estimated short-term I & S for 2011/12 2012/13 is $0.31_____. IX. CAPITAL MAINTENANCE AND REPLACEMENT The City recognizes that deferred maintenance increases future capital costs. Therefore, a portion of all individual funds with infrastructure should be budgeted each year to maintain the quality within each system. A. Infrastructure Maintenance - On-going maintenance and major repair costs are included as capital expense within the departmental operating budgets. These costs are generally considered system repairs and are not capitalized for accounting purposes. They include such items as street seal coat, water line repairs and other general system maintenance. B. Modified Approach - Pavement Condition Index (PCI) - Governmental Accounting Standards Board Statement # 34 provides for an alternative approach to depreciation for measuring the value of infrastructure assets and the related costs incurred to maintain their service life at a locally established minimum standard. The City has elected to implement this modified approach in maintaining their non-enterprise fund infrastructure assets. In order to adopt this alternative method, the City has implemented an asset management system that determines if the minimum standards are being maintained. This measurement system will be updated at least every 3 years. The City has elected to use this alternative method for reporting its street infrastructure assets. The City uses the CarteGraph PavementView Pavement Management Information System to track the condition levels of each of the street sections. The condition of the pavement is based on the following factors:  Type of Distress  Amount of Distress  Severity of Distress  Deduct Values (function of first three) Attachment number 2 \nPage 14 of 27 Item # Q 15 The Pavement Condition Index (PCI) is a measurement scale is based upon a condition index ranging from zero for a failed pavement to 100 for pavement with perfect condition. The condition index is used to classify pavement in the following conditions: The City’s administrative policy is to achieve an average PCI level of 85. An 85 PCI is considered maintaining the streets in a “good” condition. Staff will prepare a street maintenance budget that meets this target for Council’s consideration during the budget process. C. Internal Service funds – The City currently utilizes internal service funds to maintain and replace existing assets. Assessments are made to the using funds for the use of equipment currently in use and to be purchased during the year. In this way, suitable funds are available for the purchase of operational assets without the issuance of debt. 1. Fleet Maintenance and Replacement - The City has a major investment in its fleet of cars, trucks, tractors, and other equipment. The City will anticipate replacing existing equipment, as necessary and will establish charges that are assigned to the using departments to account for the cost of that replacement. Vehicle maintenance is also allocated in this manner. 2. Technology – It is the policy of the City to plan and fund the maintenance and replacement of its computer network and other technology systems. The City currently uses a four-year replacement cycle for all desktop computers. A reserve will be established within the ISF for replacement of major systems and will be funded over time through excess revenues within the Fund. Funding for major systems assumes that 50% of the replacement cost will be debt funded. 3. Facilities Maintenance – The City has established an on-going maintenance program, which includes major repairs, equipment, as well as contracts for maintaining City facilities, including Parks and Recreation. The City has anticipated a useful life of such equipment and established a means of charging those costs to the various departments in order to recognize the City’s continuing costs of maintaining its facilities. Determination for facility repairs is based on useful life of the various elements of each facility. the facilities. A proportional cost for each element is expensed within the budget for capital replacement. An additional unscheduled repair reserve equal to 10% value of annual internal service funding is also budgeted. The estimate reserve for 2011/12 2012/13 equals $30,000. PCI Rating 100 – 85 Good 85 – 45 Fair 45 – 0 Poor Attachment number 2 \nPage 15 of 27 Item # Q 16 X. ACCOUNTING, AUDITING AND FINANCIAL REPORTING A. Accounting – The City is solely responsible for the recording and reporting of its financial affairs, both internally and externally. The Chief Financial Officer (CFO) is responsible for establishing the structure for the City’s Chart of Accounts and for assuring that procedures are in place to properly record financial transactions and report the City’s financial position. B. General Government and Finance Subcommittee (GGAF) – The City may establish a subcommittee consisting of (3) City Council members and (2) citizens that may meet monthly to provide additional oversight to the City’s Finance operations. This subcommittee will also review general government items that are not reviewed by another City advisory board before being presented to City Council. The City’s CFO will be the liaison for this subcommittee. C. Audit of Accounts – In accordance with the Charter, an independent audit of the City accounts will be performed every year. The auditor is retained by and is accountable directly to the City Council. The auditing firm will serve for up to 3 years, at which time, the City will re-bid these services, thereby changing firms at least every 3 years. D. External Reporting – Upon completion and acceptance of the annual audit by the City’s auditors, the City shall prepare a written Comprehensive Annual Financial Report (CAFR) which shall be presented to the City Council within 180 calendar days of the City’s fiscal year end. The CAFR shall be prepared in accordance with Generally Accepted Accounting Principals (GAAP) and shall be presented annually to the Government Finance Officer Association (GFOA) for evaluation and consideration for the Certificate of Achievement in Financial Reporting. E. Internal Reporting – The Finance Department will prepare internal financial reports, sufficient to plan, monitor and control the City’s financial affairs. ASSET MANAGEMENT A. Cash Management and Investments – The City Council has formally approved a separate Investment Policy for the City of Georgetown that meets the requirements of the Public Funds Investment Act (PFIA), Section 2256 of the Texas Local Government Code. This policy is reviewed annually by the City Council and applies to all financial assets held by the City and applies to all entities (component units) included in the City’s Comprehensive Annual Financial Report (CAFR) and/or managed by the City. 1. Statement of Cash Management Philosophy - The City shall maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the City’s depository, the payment of obligations, and the prudent investment of idle funds in accordance with this policy. 2. Objectives – The City’s investment program will be conducted as to accomplish the following listed in priority order: Attachment number 2 \nPage 16 of 27 Item # Q 17  Safety of the principal invested  Liquidity and availability of cash to pay obligations when due  Ensure public trust through responsible actions as custodians of public funds.  Receive the highest possible rate of returnMaximize earnings (yield) to the greatest extent possible consistent with the City’s investment policy. 3. Safekeeping and Custody – Investments may only be purchased through brokers/dealers who meet the criteria detailed in the investment policy, which also addresses internal controls related to investments. 4. Standard of Care and Reporting – Investment will be made with judgment and care, always considering the safety of principal to be invested and the probable income to be derived. The Chief Financial Officer is responsible for the overall management of the City’s investment program and ensures all investments are made in compliance with the investment policy. An investment report, providing both summary and detailed information, will be presented to the City Council quarterly. 5. Authorized Investments – The City can currently invest in the following:  Certificates of Deposit  U.S. Treasury and Agency securities  Investment Pools that meet the requirements of the PFIA  No-load Money Market Mutual Funds  Fully collateralized Repurchase Agreements  Other investments as approved by City Council and not prohibited by law Attachment number 2 \nPage 17 of 27 Item # Q 18 B. Fixed Assets – These assets will be reasonably safeguarded and properly accounted for, and prudently insured. 1. Capitalization Criteria - For purposes of budgeting and accounting classification, the following criteria must be capitalized:  The asset owned by the City.  The expected useful life of the asset must be longer than one year, or extend the life of an identifiable existing asset by more than one year.  The original cost of the asset must be at least $5,000.  The asset must be tangible.  On-going repairs and general maintenance are not capitalized. 2. New Purchases – All costs associated with bringing the asset into working order will be capitalized as part of the asset cost. This will include start up costs, engineering or consultant type fees as part of the asset cost once the decision or commitment to purchase the asset is made. The cost of land acquired should include all related costs associated with its purchase. 3. Improvements and Replacement – Improvements will be capitalized when they extend the original life of an asset or when they make the asset more valuable than it was originally. The replacement of assets components will normally be expensed unless they are a significant nature and meet all the capitalization criteria. 4. Contributed Capital - Infrastructure assets received from developers or as a result of annexation will be recorded as equity contributions when they are received. 5. Distributions Systems - All costs associated with public domain assets, such as streets and utility distribution lines will be capitalized in accordance with the capitalization policy. Costs should include engineering, construction and other related costs including right of way acquisition. 6. Reporting and Inventory – The Finance Division will maintain the permanent records of the City’s fixed assets, including description, cost, department of responsibility, date of acquisition, depreciation and expected useful life. Periodically, random sampling at the department level will be performed to inventory fixed assets assigned to that department. Responsibility for safeguarding the City’s fixed assets lies with the department supervisor or manager whose department has been assigned the asset. XI. DEBT MANAGEMENT The City of Georgetown recognizes the primary purpose of capital facilities is to provide services to the community. Using debt financing to meet the capital needs of the community must be evaluated according to efficiency and equity. Efficiency must be evaluated to determine the highest rate of return for a given investment of resources. Equity is resolved by determining who should pay for the cost of capital improvements. Attachment number 2 \nPage 18 of 27 Item # Q 19 In meeting demand for additional services, the City will strive to balance the needs between debt financing and “pay as you go” methods. The City realizes that failure to meet the demands of growth may inhibit its continued economic viability, but also realizes that too much debt may have detrimental effects on the City’s long-range financial condition. The City will issue debt only for the purpose of acquiring or constructing capital assets for the general benefit of its citizens and to allow it to fulfill its various purposes as a city. A. Usage of Debt - Long-term debt financing will be considered for non-continuous capital improvements of which future citizens will be benefited. Alternatives for financing will be explored prior to debt issuance and include, but not limited to:  Grants  Use of Reserve Funds  Use of Current Revenues  Contributions from developers and others  Leases  Impact Fees When the City utilizes long-term financing, it will ensure that the debt is soundly financed by conservatively projecting revenue sources that will be used to pay the debt. It will not finance the improvement over a period greater than the useful life of the improvement and it will determine that the cost benefit of the improvement, including interest costs, is positive to the community. The City may utilize the benefits of short-term debt financing to purchasing operating equipment provided the debt doesn’t extend past the useful life of the asset and the potential impact to the tax rate is within policy guidelines. The I & S (interest and sinking) portion of the tax rate can not exceed $0.04 for short-term debt (3-10 years). B. Types of Debt – 1. General Obligation Bonds (GO’s) – General obligation bonds must be authorized by a vote of the citizens of Georgetown. They are used only to fund capital assets of the general government and are not to be used to fund operating needs of the City. The full faith and credit of the City as well as the City’s ad valorem taxing authority back general obligation bonds. Conditions for issuance of general obligation debt include:  When the project will have a significant impact on the tax rate;  When the project may be controversial even through it is routine in nature; or  When the project falls outside the normal bounds of projects the City has typically done. Attachment number 2 \nPage 19 of 27 Item # Q 20 2. Revenue Bonds – Revenue bonds will be issued to provide for the capital needs of any activities where the capital requirements are necessary for the continuation or expansion of a service. The improved activity shall produce a revenue stream to fund the debt service requirements of the necessary improvement to provide service expansion. The average life of the obligation should not exceed the useful life of the asset(s) to be funded by the bond issue, and will generally be limited to no more than twenty (20) years, An exception can be made for plant expansions or related system expansions whose useful life is in excess of 30 years. A cost benefit analysis will be done to fully disclose the impacts of extending debt beyond 20 years. 3. Certificates of Obligation, Contract Obligations (CO’s) – Certificates of obligation or contract obligations may be used to fund capital requirements that are not otherwise funded by general obligation or revenue bonds. Debt service for CO’s may be either from general revenues (tax-supported) or supported by a specific revenue stream(s) or a combination of both. Typically, the City may issue CO’s when the following conditions are met:  When the proposed debt will have minimal impact on future effective property tax rates;  When the projects to be funded are within the normal bounds of city capital requirements, such as for roads, parks, various infrastructure and City facilities; and  When the average life of the obligation does not exceed the useful life of the asset(s) to be funded by the issue. Certificates of obligation will be the least preferred method of financing and will be used with prudent care and judgment by the City Council. Every effort will be made to ensure public participation in decisions relating to debt financing. 4. Self-supporting General Obligation Debt – Refers to certificates of obligation issued for a specific purpose and repaid through dedicated revenues other than ad valorem taxes. The annual debt requirements are not included in the property tax calculation. Both the Airport and Stormwater Drainage funds will issue this type of debt, In addition, the Electric and Water Services Funds can utilize this method of funding non-system capital assets. The City also issues debt on behalf of the Georgetown Transportation Enhancement Corporation (GTEC) whom then pledges 4B sales tax revenue for the repayment of that debt. 5. Internal borrowing between City funds – The City can authorize use of existing long-term reserves as “loans” between funds. The borrowing fund will repay the loan at a rate consistent with current market conditions. The loan will be repaid within ten (10) years. The loan will be considered an investment of working capital reserves by the lending fund. 6. Short-term borrowing - The City may authorize the issuance of Public Property Finance Contractual Obligations (PPFCO) which is short-term obligations for the acquisition of personal public property, such as equipment. PPFCOs are payable from either ad valorem taxes or another dedicated revenue stream. Each issuance will be assessed to ensure cost effectiveness and the repayment schedule will not exceed the useful life of the asset. Multiple equipment Attachment number 2 \nPage 20 of 27 Item # Q 21 acquisitions can be grouped in a single PPFCO issue in order to develop economies of scale. C. Method of Sale – The City will use a competitive bidding process in the sale of bonds unless conditions in the bond market or the nature of the issue warrant a negotiated bid. In such situations, the City will publicly present the reasons for the negotiated sale. The City will rely on the recommendation of the financial advisor in the selection of the underwriter or direct purchaser. D. Disclosure – Full disclosure of operating costs along with capital costs will be made to the bond rating agencies and other users of financial information. The City staff, with assistance of the financial advisor and bond counsel, will prepare the necessary materials for presentation to the rating agencies and will aid in the production of the Preliminary Official Statements. The City will take responsibility for the accuracy of all financial information released. E. Federal Requirements – The City will maintain written procedures to follow post issuance compliance rules,arbitrage rebate and other Federal requirements.  Post issuance tax compliance rules will include records retention, arbitrage rebate, use of proceeds, and  Continuing disclosure requirements under SEC Rule 15c2-12 or as may be required by bond covenants or related agreements. E.F. Debt Structuring – The City will issue bonds with an average life of twenty (20) years or less, not to exceed the useful life of the asset acquired. The structure should approximate level debt service unless operational matters dictate otherwise. Market factors, such as the effects of tax-exempt designations, the cost of early redemption options and the like, will be given consideration during the structuring of long term debt instruments. Exceptions to the 20 year average life include debt issues for major system expansions, such as water, sewer or electric plants, in which case the City may issue debt greater than 20 years since the average life of the asset exceeds 30 years. A cost benefit analysis indicating the impacts of extending debt beyond 20 years will be completed. F.G. Debt Coverage Ratio – Refers to the number of times the current combined debt service requirements or payments would be covered by the current operating revenues net of on-going operating expenses of the City’s combined utilities (Electric, Water, and Wastewater). The City will maintain a minimum debt service coverage ratio of 1.5 times for these utilities as a whole. The bond ordinances allow the City to forego a debt reserve fund for its utility debt if the coverage is maintained at 1.35 times or better. Debt coverage for 2011/12 2012/13 is budgeted at 1.99 ___times coverage. A coverage ratio of 1.5 times will also be required for all funds issuing self-supporting debt. H. Bond Reimbursement Resolutions – The City may utilize bond reimbursements as a tool to manage its debt issues, due to arbitrage requirements and project timing. In so doing, the City uses its capital reserve "cash" to delay bond issues until such time when issuance is favorable and beneficial to the City. The City Council may authorize a bond reimbursement resolution for General Capital projects that have a direct impact on the City's ad valorem tax rate when the bonds Attachment number 2 \nPage 21 of 27 Item # Q 22 will be issued within the term of the existing City Council. In the event of unexpected circumstances that delay the timing of projects, or market conditions that prohibit financially sound debt issuance, the approved project can be postponed and considered by a future council until circumstantial issues can be resolved. The City Council may also authorize revenue bond reimbursements for approved utility and other self-supporting capital projects within legislative limits. Currently revenue bonds must be issued within 18 months after an eligible bond funded project is begun. The total outstanding bond reimbursements may not exceed the total amount of the City’s reserve funds. XII. OTHER FUNDING ALTERNATIVES: When at all possible, the City will research alternative funding opportunities prior to issuing debt or increasing user-related fees. A. Grants - All potential grants will be examined for any matching requirements and the source of those requirements identified. A grant funding worksheet, reviewed by Finance, that clearly identifies funding sources, outcomes and other relevant information will be presented and approved by the City Council prior to any grant application being submitted. It must be clearly understood that any resulting operation requirements of the grant could be discontinued once the term and conditions of the project have been terminated. The City Council must authorize acceptance of any grant funding. B. Use of Reserve Funds - The City may authorize the use of reserve funds to potentially delay or eliminate a proposed bond issue. This may occur due to higher than anticipated fund balances in prior years, thus eliminating or reducing the need for debt proceeds, or postpone a bond issue until market conditions are more beneficial or timing of the related capital improvements does not correspond with the planned bond issue. Reserve funds used in this manner are replenished upon issuance of the proposed debt. C. Developer Contributions - The City will require developers who negatively impact the City's utility capital plans offset those impacts. These policies are further defined within the City's utility line extension policy and other development regulations. D. Leases - The City may authorize the use of lease financing for certain operating equipment when it is determined that the cost benefit of such an arrangement is advantageous to the City. E. Impact Fees - The City will impose impact fees as allowable under state law for both water and wastewater services. These fees will be calculated in accordance with statute and reviewed at least every three years. All fees collected will fund projects identified within the Fee study and as required by state laws. Attachment number 2 \nPage 22 of 27 Item # Q 23 XIII. FINANCIAL CONDITIONS, RESERVES, AND STABILITY RATIOS The City of Georgetown will maintain budgeted minimum reserves in the ending working capital/fund balances to provide a secure, healthy financial base for the City in the event of a natural disaster or other emergency, allow stability of City operations should revenues fall short of budgeted projections and provide available resources to implement budgeted expenditures without regard to actual timing of cash flows into the City. A. Operational Coverage – The City’s goal is to maintain operations coverage of $1.00, such that operating revenues will at least equal or exceed current operating expenditures. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies or non- recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums as stated below. 1. Operating Reserves – The City will maintain reserves at a minimum of seventy- five (75) days (20.83%) of net budgeted operating expenditures. Net budgeted operating expenditure is defined as total budgeted expenditures less interfund transfers and charges, general debt service (tax supported), direct cost for purchased power and payments from third party grant monies. Total reserves for 2011/12 2012/13 are $15,341,000________. The amount of these funds are allocated within the following operating funds and using the following guidelines to maintain the fund balance, working capital and retained earnings (reserves) of the various operating funds at levels sufficient to protect the City’s creditworthiness, as well as, its financial position from unforeseeable emergencies. 2. General Fund – The fund balance reservce in the General Fund should equal at least ninety (90) days or 25% of annual budgeted General Fund operating expenditures. 2011/12 2012/13 reserves are $7,000,000 million._____ and are allocated as follows: a. Base Level Reserve – will equal sixty (60) days of current year budgeted operating expenditures which will be designated for emergency use only. b. Budget Stabilization Reserve – will equal thirty (30) days of current year budgeted operating expenditures and will be designated to protect the City against short term operating deficits. The funds will be available for the following purposes: i. Defer short term tax increases ii. Cover revenue shortfalls iii. Fund unanticipated expenditures If the Budget Stabilzation Reserve is depleted during the fiscal year, the balance must return to the 30 day requirement within the following year’s adopted budget. 1.3. Tourism Fund – A minimum sixty days (60) or 16.67% of operating expenditures will be reserved within the fund balance. These funds are designated to be used to offset any potential revenue shortfall that occurs during the fiscal year and should be replenished in the following fiscal year’s budget. Attachment number 2 \nPage 23 of 27 Item # Q 24 2.4. Water and Wastewater Services Funds – Working capital reserves in these funds should be 25% or ninety (90) days of operating expenses, net debt service and long-term water contract costs. These reserves are designated to be used to offset potential revenue shortfalls or fund unexpected or emergency expenses that occur during the fiscal year. These reserves should be replenished in the following budget cycle.. 3.5. Other Funds –  Stormwater Drainage Fund - $150,000 250,000 for unforeseen emergencies or potential revenue shortfalls  Airport Fund – As funds are available, up to ninety (90) days or 25% of operating expenses (less fuel costs) for unforeseen emergencies or potential revenue shortfalls. 4.6. Electric Fund – The remaining balance to meet the citywide requirement of seventy-five (75) days of reserve funds will be maintained within this fund. It can be used for unforeseen emergencies and expenditures. The Rate Stabilization Account is not included in this Contingency Reserve. For all other non-enterprise funds, the fund balance is an indication of the balance of each particular fund at a specific time. The ultimate goal of each such fund is to have expended the fund balance at the conclusion of the activity for which the fund was established. Reserve requirements will be calculated as part of the annual budget process and any additional required funds to be added to the reserve balances will be appropriated within the budget. Funds in excess of the minimum reserves within each fund may be expended for City purposes at the will of the City Council once it has been determined that use of the excess will not endanger reserve requirements in future years. This action requires an amendment to the City’s Annual Budget. C. Liabilities and Receivables - Procedures will be followed to maximize discounts and reduce penalties offered by creditors. Current liabilities will be paid within 30 days of receiving the invoice. Accounts Receivable procedures will target collection for a maximum of 30 days of service. Receivables aging past 120 90 days will be sent to a collection agency. The Chief Financial Officer is authorized to write-off non-collectible, non-utility accounts that are delinquent for more than 180 days, and utility accounts delinquent more than 180 days , provided proper delinquency procedures have been followed, and include this information in the annual report to the City Council. D. Capital Project Funds – Every effort will be made for all monies within the Capital Project Funds to be expended in a timely manner preferably within thirty-six (36) months of receipt. The fund balance will be invested and income generated will offset increases in construction costs or other costs associated with the project. Capital project funds are intended to be expended totally, with any unexpected excess to be transferred to the Debt Service fund to service project-related debt service. Attachment number 2 \nPage 24 of 27 Item # Q 25 E. General Debt Service Funds – Revenues within this fund are stable, based on property tax revenues. Balances are maintained to meet contingencies and to make certain that the next year’s debt service payments may be met in a timely manner The fund balance should not fall below one month or 1/12th 45 days annual debt service requirements, in accordance with IRS guidelines. F. Investment of Reserve Funds – The reserve funds will be invested in accordance with the City’s investment policy. Existing non-cash investment would be exempt through retirement of the investment. G. Ratios/Trend Analysis - Ratios and significant balances will be incorporated into both the mid-year and annual reports to the City Council. This information will provide users with meaningful data to identify major trends of the City's financial condition through analytical procedures. The following ratios/balances will be used as key financial indicators:  Fund Balance/Equity: Assets - liabilities FB/E AL (Acceptable level) minimum reserve requirement  Working Capital: Current assets less current liabilities CA - CL AL minimum reserve requirement  Current Ratio: Current assets divided by current liabilities CA/CL AL > 1.00  Quick Ratio: "Liquid" current assets divided by current liabilities Liquid CA/CL AL > 1.00  Debt/Assessed AV Taxes Debt divided by assessed Ad Valorem value D/AV AL < 5  Debt Ratio: Current liabilities plus long-term liabilities divided by total assets CL +LTL/TA AL < 1  Enterprise Oper Coverage: Operating rev divided by operating expense OR/OE AL > 1.25  Times Coverage Ratio: Operating revenue less operating expense divided by annual debt service (OR-OE)/DSV AL > 1.5 The City will be to develop minimum/maximum levels for the above ratios/balances through analyzing of City historical trends and future projections. These ratios will also be compared to other similar or regional municipalities for further analysis. Attachment number 2 \nPage 25 of 27 Item # Q 26 XIV. INTERNAL CONTROLS A. Written Procedures – Wherever possible, written procedures will be established and maintained by the Chief Financial Officer for all functions involving cash handling and/or accounting throughout the City. These procedures will embrace the general concepts of fiscal responsibility set forth in this policy statement. B. Internal Audit Program - An internal audit program will be maintained by the Chief Financial Officer to ensure compliance with City policies and procedures and to prevent the potential for fraud. 1. Departmental Audits – departmental processes will be reviewed to ensure dual control of City assets and identify the opportunity for fraud potential, as well as, to ensure that departmental internal procedures are documented and updated as needed. 2. Employees or Transaction Review. - Programs to be audited include Petty Cash, City Credit Card accounts, time entry, and travel. All discrepancies will be identified, and the employee’s Division Director will be notified. The City Manager will also be notified depending on the seriousness of the infraction. 3. Results of all internal audits will be provided to City Council on a quarterly basis. C. Division Directors Responsibility – Each division Director is responsible for ensuring that good internal controls are followed throughout their department, that all Finance Division directives are implemented and that all independent auditor internal control recommendations are addressed. Departments will develop and periodically update written internal control procedures. Attachment number 2 \nPage 26 of 27 Item # Q 27 XV. STAFFING The City’s goal as an employer is to attract and retain quality employees who provide excellent, friendly services to our community in an effective and efficient manner. A. Adequate Staffing – Staffing levels will be adequate for the fiscal functions of the City to operate effectively. Workload allocation alternatives will be explored before adding additional staff. B. Cost of Living Adjustment (COLA) - To protect city employees from the effects of general inflation, the City may fund an annual COLA for all regular employees not included in a defined pay plan. The COLA will be based on a three-year rolling average of the Consumer Price Index (CPI) reported by the U.S. Bureau of Labor Statistics for Southern cities pertinent to Georgetown’s population. C. Additional Salary Adjustment - Additional salary adjustments for employees not included in a defined pay plan may be recommended at the discretion of the City Manager. D. Pay for Performance – The City Council may fund a one-time bonus incentive program to aid in retaining quality employees and reward employees for productivity and job performance. This program will be funded with one-time available resources and paid as a lump-sum distribution for performance that exceeds expectations during the review period.  In addition, the City may also choose to fund an on-going merit adjustment based on performance that exceeds expectations during the review period. This is in addition to any one-time bonus incentive that may be awarded. Attachment number 2 \nPage 27 of 27 Item # Q City of Georgetown, Texas June 12, 2012 SUBJECT: Second Reading of an Ordinance amending Title 13, Chapter 13.04, Article VII, entitled “Miscellaneous” of the Code of Ordinances of the City of Georgetown, Texas, repealing conflicting ordinances and resolutions; including a severability clause, and establishing an effective date to provide a more consistent application of service to all rate payers, encourage timely payment of bills, and aligning charges with industry standards -- Leticia Zavala, Utility Office Manager and Micki Rundell, Chief Financial Officer (action required) ITEM SUMMARY: The goal of the Utility Office is to provide a consistent and standardized interpretation of policy to all rate payers. Staff is recommending changes (discussed below) to the following sections in the Code of Ordinances pertaining to Miscellaneous Utility Service Rates and Charges: · Section 13.04.190 - Payments and Collections · Section 13.04.200 - Reread Charges · Section 13.04.230 - Deposits · Section 13.04.240 - Damaging, bypassing, connecting, tampering, etc., of meters Customers have been allowed as many extensions as needed to pay their utility bills. Many of these customers seek assistance through the area’s charitable organizations and these extensions allow them the opportunity to pursue those options without being disconnected. Some of these customers seek extensions every month and are consistently 30 days behind on their payments. The extension policy as currently administered takes a great deal of staff resources due to the increased volume of calls, increased traffic in the lobby, and increased collection efforts. Staff recommends amending Section 13.04.190 – Payment and Collections of the ordinance to disallow bill extensions effective June 1, 2012. Instead staff recommends giving ALL rate payers a “grace period” in which to pay their utility bill until the following bill’s due date. This would provide ample time to coordinate with the various local charitable organizations (if needed) and remove our Customer Service Representatives from determining which customers qualify for this extension, thus standardizing the process to discourage customers from “shopping” our offices until they get the option they are seeking. Staff recommends removing Section 13.04.200 - Reread charges. Customers can request a reread of their electric or water meter reading data. This section imposes a $10 fee to the customer if the reading was accurate and waives the fee if the reading was incorrectly read or recorded. 75% of our current customer base is on a fixed net system, which receives daily meter data which can be easily and quickly accessed in the office. 25% of the customers are on a mobile collector system, which only provides monthly billing data and requires us to “roll a truck” to verify their meter information. Administration of this policy has been to waive the $10 fee for all customers since we were waiving it for the customers on the fixed net system because of the ease of obtaining the information, and it didn’t seem equitable to charge customers on the mobile collector system since they did not have a choice on which system they used. With the completion of the AMI meter replacement project within our service territory in the next 8 months, this disparity in information will no longer exist and all customers will have the capability of obtaining daily readings on both their electric and water meters through a customer portal or via our offices. Staff recommends adding additional options to Section 13.04.230 – Deposits to waive the deposit required on utility accounts to align with our overall goal of collecting payment for services rendered on a consistent basis. We will allow waiving of the initial deposit in instances whereby the customer elects to pay their utility bill via automatic draft from their credit or debit card or bank account for the following 12 month period. If at any point within that 12 month period, the customer fails to make payment, a deposit will be billed to their account based on the calculations referenced in this section. Lastly, staff recommends increasing the fees in Section 13.04.240 – Damaging, bypassing, connecting, tampering, etc., of meters from $100 to $300 per occurrence as a deterrent. This increase would be more in line with our competitors for this type of unlawful activity which poses a danger to our customers. COMMENTS: Item presented to the GUS Board at their April 13, 2012 meeting with full support. Cover Memo Item # R FINANCIAL IMPACT: The financial impacts from the above changes are nominal to the Utility. The deterrent for not paying your bill on time is the 10% penalty, and for the vast majority of the customer base this penalty prevents them from paying late. Customers previously offered extensions still incur the 10% penalty after the due date but that customer segment is more concerned with securing additional assistance from the area’s charitable organizations than preventing the penalty because they do not have the funds. Staff believes the vast majority of customers will still pay on time. By replacing the extension process with a grace period, the Customer Service Department will experience lower call volumes which will allow us to focus our resources on educating and assisting our customers to do business with the City instead of deciphering who qualifies for an extension. The Utility will not be impacted for removing the Reread charge because we have not been collecting it on 75% of our customers because they are on a fixed net system and that information is readily available in our system. The Utility will not be impacted for adding another caveat for waiving the initial deposit on an account based on commitment by the customer to automatically pay their utility bill via credit card or bank draft on a monthly basis. If the customer cannot make this payment and it is returned for any reason, the Utility will collect the deposit prior to service reinstatement. The Utility has experienced an increase in customer’s tampering with our equipment over the past year. Customers disconnected for non-payment have reconnected the power at their meter themselves and placed themselves in danger 36 times in the past year. This indicates that the current fee of $100 is not a deterrent. The rates charged by the area’s utility providers for tampering with equipment range from $250 – $500. We believe increasing the fee to $300 will impact the decision to tamper with our equipment by our customers. SUBMITTED BY: ATTACHMENTS: Revised Ordinance Cover Memo Item # R Ordinance Number:____________ Page 1 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING TITLE 13, CHAPTER 13.04, ARTICLE VII, ENTITLED “MISCELLANEOUS” OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Georgetown established its current miscellaneous utility connect and disconnect fees in 1988 and amended in 2003; and WHEREAS, The City of Georgetown established its current utility deposit amount in 1981 and amended in 2003; and WHEREAS, The City Council of the City of Georgetown wishes to amend the current utility fees and deposits, and adopt proposed fees and deposits, effective on all utility accounts on and after June 1, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement 4.0(F) of the City of Georgetown 2030 Comprehensive Plan relating to the fiscal strength. SECTION 2. That there is hereby adopted a new Title 13, Chapter 13.04, Article VII "MISCELLANEOUS" of the Code of Ordinances of the City of Georgetown, Texas with the changes noted in the attached Exhibit A: SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Attachment number 1 \nPage 1 of 7 Item # R Ordinance Number:____________ Page 2 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ PASSED AND APPROVED on First Reading on the 22th day of May 2012. PASSED AND APPROVED on Second Reading on the 12th day of June 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman, City Attorney Attachment number 1 \nPage 2 of 7 Item # R Ordinance Number:____________ Page 3 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ TITLE 13 – PUBLIC UTILITIES AND SERVICES CHAPTER 13.04 – UTILITY SERVICE RATES AND CHARGES ARTICLE VII – MISCELLANEOUS “EXHIBIT A” Sec. 13.04.190. - Payment and collection A. Payments shall be considered timely and not delinquent if the payment is received prior to the due date (15 days following the billing date for service), or payment is received in the overnight depository by 8:00 a.m. the following day. When the said If the due date falls on a weekend or a legal City holiday, such time for payment shall be extended to the next business day. B. When payment is not received by the due date, a ten percent penalty will be added to the account, and a final notice will be mailed. If payment is not received by the following month’s due date within ten days following the due date (or the next business day, if a weekend or City holiday,) a Field Customer Service Representative (FCSR) will be dispatched to the location to disconnect the utility service. An additional $30.00 service charge will be added to the account at this time, and for each subsequent trip, whether the meter is disconnected, a notice is delivered, or a field collection of payment is received by the FCSR. If the account is disconnected, the customer will be required to pay the account in full, by cash, credit card, or money order, before services will be reconnected. In addition, the customer may be required to make the standard utility deposit pursuant to Section 13.04.230 C. After a utility bill has been mailed to the address provided by the customer for that account, the customer is responsible for payment. If the customer has not received a bill, the customer is responsible for obtaining the amount of the bill from the Utility Office and for making timely payment. D. Exceptions to Service. 1. Utility customers that do not have water and electric service through the City, but do have unmetered City services; including, but not limited to garbage, wastewater, and stormwater drainage, may have their water or electric service disconnected by their non-City provider through an inter-local agreement between the City and that entity, if payment for their City utility account is not received by the 10th day following the due date on the utility bill (or the next business day, if a weekend or City holiday.) 2. A hand delivered final notice will be provided to past due City utility customers on the 10th day following the due date (or the next business day, if a weekend or City Attachment number 1 \nPage 3 of 7 Item # R Ordinance Number:____________ Page 4 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ holiday) informing them that a disconnection of utilities has been scheduled with their non-City provider of the utility, and that they have 24 hours to pay the past due balance to the City or the disconnection will be completed. If the account is disconnected, the customer will be required to pay the account in full, by cash, credit card, or money order, before services will be reconnected. Rules and times of reconnection will be determined by the entity performing the reconnection of utilities. Sec. 13.04.200. - Reread charges. A. The City will reread any customer's water and/or electric meter at the customer's request. If the reread meter was correctly read and there was no error on the part of the City, the customer shall be charged $10.00. If the reread meter was read incorrectly, there shall be no charge to the customer. Sec. 13.04.210. - Temporary service. A. Temporary service of utilities is available for a five-day period at a cost of $60.00, maximum consumption being 100 kWh of electricity and 2,000 gallons of water. Service in excess of those maximum consumption amounts will be billed at standard per unit charges. Sec. 13.04.220. - Other services and charges—All utility services. A. New account or transfer account charge $30.00. In order to transfer utilities from one location to another, any outstanding bill on the current account must be paid prior to transfer. The final bill for the original account will be transferred to and payable on the due date of the new account. B. After hour connect/reconnect charge at customer's request: $50.00. This charge is in addition to any other charges already accrued, and is applicable to utility meter connects and reconnects taking place any time other than regular business hours (Monday—Friday, 8:00 a.m.—5:00 p.m.) including weekends and City holidays. C. Exceptions/Fees. 1. Disconnection by Non-City entity: Determined by entity disconnecting utility service. Payment is to be made to the City, in addition to the Final Notice Fee and past due balance. The City will reimburse the Non-City entity for the Disconnection Fee. 2. Late Penalty Waiver. a. A customer who is 60 years of age or older may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date. Late payments will still initiate a late notice, and the actual payment Attachment number 1 \nPage 4 of 7 Item # R Ordinance Number:____________ Page 5 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ history will be recorded. Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. Age must be verifiable. Waiver applies only to the account holder or their spouse. b. An industrial or larger customer, with an existing contract or development agreement with the City, may enter into an additional contract with the City to waive late penalties in return for specific payment arrangements. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. c. A customer who is disabled, as authorized by the Federal Social Security Administration, may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. A customer's disabled status must be verified by an Award Letter from the Social Security Administration. Waiver applies only to the account holder or their spouse. Sec. 13.04.230. - Deposits. A. Residential. A $150.00 deposit is required on each dwelling unit unless otherwise specified by this section or if the customer can provide an original letter of credit from another utility company for the most recent 12-month period preceding the connect date that has no late payments or insufficient checks; or if the customer elects to pay their utility bill via automatic draft from their credit or debit card or bank account for the following 12 month period. B. Nonresidential. Unless otherwise specified by this section, or by the City Council, nonresidential establishments are required to post a utility deposit equal to at least twice the average monthly bill of that establishment or a similar establishment of its kind. The minimum nonresidential deposit is $150.00. A bank letter of credit or a surety bond, for the deposit amount, and containing terms specified by the Director of Finance and Administration may be accepted in lieu of a cash deposit. The deposit may be waived with a letter of credit or surety bond from a financial institution for the amount of the deposit for a 12 month period following service initiation. The deposit may also be waived with a letter of credit from another utility company for the most recent 36-month period preceding the connect date that shows no late payments or insufficient checks. The business represented in the letter of credit must have the same owner and be of a similar size and usage as the business requesting services. The deposit may be waived if the customer elects to pay their utility bill via automatic draft from their credit or debit card or bank account for the following 12 month period. Attachment number 1 \nPage 5 of 7 Item # R Ordinance Number:____________ Page 6 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ C. Federal and State Political Subdivisions. Federal and State political subdivisions are not required to post a utility deposit. D. Satisfactory Payment History Deposit Refund. The required utility deposit shall be refunded to a utility customer after one year of satisfactory payment history for utility services. Satisfactory Payment History is defined as a payment history that does not include any Non-Sufficient Fund (NSF) payments or any charge of a ten percent penalty for nonpayment by the due date, as provided in Subsection 13.04.190 B. E. Satisfactory Payment History Deposit Waiver. 1. A utility deposit is not required from a former residential customer who previously established a satisfactory payment history with the City during the most recent one- year period during which the customer was a customer of the City. 2. A current residential customer, who has a 12-month Satisfactory Payment History, can apply for utility service at another residential location without posting a deposit. 3. A current non-residential customer, who has a 36-month Satisfactory Payment History, can apply for utility service at another non-residential location without posting a deposit. 4. A deposit is not required of a current non-residential customer expanding an existing business into a contiguous space having separate meters, as long as that business has maintained a satisfactory payment history for the 12 months prior to the time of expansion; the name on the account is the same; and the account cannot stand on its own, if the original account closed. F. Deposit Required After Termination. A standard utility deposit is required of any utility customer, regardless of payment history, if utility service has been discontinued for nonpayment. Utility customers shall thereafter be entitled to a satisfactory payment history deposit refund upon the completion of the required one-year satisfactory payment history, as computed from the date of reconnect, in accordance with the provisions of this section. G. Present customers having a lower than currently established deposit are not required to increase their deposit amount to the currently established amount, even when transferring the deposit to a new location. However, such customers establishing a new, additional service or having service terminated due to nonpayment are required to make the currently required deposit. Sec. 13.04.240. - Damaging, bypassing, connecting, tampering, etc., of meters. A. It is unlawful for any person to damage, destroy, connect, tamper or otherwise, in any way, interfere with the operation of utility meters or meter reading equipment within the City, including but not limited to the tampering, adjustment, connection, breakage, or removal of any seals, and including any hookup or connections that have the effect of bypassing a meter Attachment number 1 \nPage 6 of 7 Item # R Ordinance Number:____________ Page 7 of 7 Description: Title 13, Chapter 13.04, Article VII – Miscellaneous Ordinance Changes Date Approved: ________________ or meters, so that a customer is receiving utility service of any character by virtue of such hookup or connection. B. There shall be a presumption that the utility customer, as shown by City records, was the party who has damaged, destroyed, connected or otherwise tampered with such meter or appurtenances, as prohibited in this section, but such presumption shall be rebuttable. C. Meter Tampering Fine: $300.00$100.00. This fee shall be assessed for any violation of the provisions of this ordinance, with each violation constituting a separate offense. This fee shall be in addition to any costs accrued for the replacement or repair of damaged meters or meter reading equipment, or unbilled consumption. Attachment number 1 \nPage 7 of 7 Item # R City of Georgetown, Texas June 12, 2012 SUBJECT: Second Reading of an Ordinance to amend Chapter 4.08 Entitled "Authority of City Manager and City Staff to Contract" of the Code of Ordinances to remove out of date and duplicative language already included by ordinance in the Fiscal and Budgetary Policy -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer (action required) ITEM SUMMARY: The City’s current ordinances under section 4.08.011 and 4.08.012 are now stated in the City’s Fiscal and Budgetary Policy, which is also adopted by ordinance. These existing sections have also become out of date and no longer reflect current state law. Staff recommends that these sections be deleted. They are explicitly stated in Section VI Expenditure Policies, paragraphs D & E. Also, the Fiscal and Budgetary Policy will be reviewed annually, making it more straightforward for staff and the City Council to keep these items current with state law and best practices. This item is strictly an administrative clean up. There will be no impacts to the City’s current purchasing policy or practices. FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: Ordinance Cover Memo Item # S Ordinance Number:____________ Page 1 of 3 Description: Purchasing Ordinance Clean Up Date Approved: May 22, 2012 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, TO AMEND CHAPTER 4.08 ENTITLED "AUTHORITY OF THE CITY MANAGER AND CITY STAFF TO CONTRACT" OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown annually reviews and adopts Fiscal and Budgetary Policies that cover all aspects of the City’s financial management; and WHEREAS, the Fiscal and Budgetary Policy includes Section VI. Expenditure Policies which covers all purchasing and contracting authority and policy for the City of Georgetown; and WHEREAS, Sections 4.08.011, Contract Change Orders, and Section 4.08.012, Delegation of Purchasing Authority by City Manager, of the Code of Ordinances are also stated in the Fiscal and Budgetary Policy adopted by ordinance by the City of Georgetown; and WHEREAS, the City Council of the City of Georgetown wishes to eliminate the duplicative statements in the Code of Ordinances and notes that this change does not impact current purchasing policies or practices; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. Section 4.08.011 Contract Change Orders and Section 4.08.012 Delegation of Purchasing Authority by City Manager are deleted in their entirety as shown below and incorporated into the City’s Fiscal and Budgetary Policy. Sec. 4.08.011. - Contract change orders. A. The City Manager or his designee may approve change orders involving an increase or decrease of $25,000.00 or less. Change orders involving an Attachment number 1 \nPage 1 of 3 Item # S Ordinance Number:____________ Page 2 of 3 Description: Purchasing Ordinance Clean Up Date Approved: May 22, 2012 increase in costs of more than $25,000.00 must be approved by the City Council. B. Notwithstanding the provisions of Subsection A., if the cumulative amount of all change orders on any contract meet or exceed $250,000.00 and include any change orders not previously approved by City Council, approval from City Council must be secured before initiating change order work. Only after approval from City Council shall a completed, approved change order form, along with the contractor's original written claim for a change order, be submitted to the project manager for authorization to provide a notice to proceed on change order work. C. Notwithstanding the provisions of Subsection A., the original contract price may not be increased by more than 25 percent without the prior approval of the City Council. D. Notwithstanding the provisions of Subsection A., the original contract price may not be decreased by more than 25 percent without the prior approval of the contractor. Sec. 4.08.012. - Delegation of Purchasing Authority by City Manager. A. The City Manager and the Director of Finance and Administration shall be responsible for developing written purchasing policies and procedures that are consistent with state law and with this Chapter. The purchasing policies and procedures may be amended from time to time. Any such amendments shall be effective upon written approval by the City Manager. B. The City Manager may designate certain employees holding certain positions as having authority to sign contracts for expenditures at amounts below $25,000.00. C. Delegation of purchasing authority shall be established in the City's annual budget. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. This ordinance complies with the vision statement of the Georgetown 2030 Plan. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Attachment number 1 \nPage 2 of 3 Item # S Ordinance Number:____________ Page 3 of 3 Description: Purchasing Ordinance Clean Up Date Approved: May 22, 2012 SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the__________________, 2012. PASSED AND APPROVED on Second Reading on the ________________, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 3 of 3 Item # S City of Georgetown, Texas June 12, 2012 SUBJECT: Consideration and possible action to finalize the appointments of City Council Members to City Boards and Commissions -- Mayor George Garver ITEM SUMMARY: City Council discussed and identified the preferred membership on the City's boards and commissions at a Council Workshop on May 22, 2012. In order to confirm that all statutory requirements are met and to finalize Council membership on the City boards and commissions, staff requests a final review, discussion, and vote regarding Council's membership. FINANCIAL IMPACT: n/a SUBMITTED BY: RES ATTACHMENTS: May 22_initial selection of Council Membership on Boards Cover Memo Item # T Boards & Commissions with Council Seats Animal Shelter Advisory Board Economic Development Corporation - 4A General Government and Finance Subcommittee Transportation Enhancement Corporation - 4B Transportation Advisory Board Utility System Advisory Board 2012 Selection Process for City Council Membership on City Boards & Commissions At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 2 It e m # T Council Member 1 Hammerlun 1 Sattler 2 Gonzalez 3 Jonrowe 1 Eason 2 Meigs 3 Hammerlun 1 Hellmann 2 Gonzalez 3 Sattler 1 Jonrowe 2 Meigs 1 Hellmann 2 Eason 2012 Selection Process for City Council Membership on City Boards & Commissions At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 2 It e m # T City of Georgetown, Texas June 12, 2012 SUBJECT: Sec. 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 - Discussion related to the October 2012 – September 2017 municipal solid waste and recycling services contract negotiations. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # U City of Georgetown, Texas June 12, 2012 SUBJECT: Sec. 551.086: Competitive Matters - Report and discussion on LCRA Wholesale Power Agreement ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # V