HomeMy WebLinkAboutAgenda CC 01.27.2009Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JANUARY 27, 2009
The Georgetown City Council will meet on JANUARY 27, 2009 at 6:00 P.M. at the Council Chamber at 101
E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
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 Mayor:
- Welcome and Meeting Procedures
City Manager Comments:
- May 9, 2009 General Election
- Georgetown Recreation Center Grand Opening
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, there were no persons who requested to address the Council on items other than
what is already 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 Council Workshop held on Monday,
January 12 and the Council Meeting held on Tuesday, January 13, 2009 -- Jessica Hamilton, Assistant
City Secretary
D Consideration and possible action to award the bid for construction of the concrete slab for the Police
evidence storage building to Champion Site Prep in the amount of $49,700.00 -- Terry Jones, Support
Services Construction Manager and Micki Rundell, Director of Finance and Administration
E Consideration and possible action to authorize application for equipment grant for $14,000.00 from
the Firehouse Subs Public Safety Foundation -- Clay Shell, Interim Fire Chief
F Consideration and possible action to authorize application for a Training Grant for $6,200.00 from
the Texas Commission on Fire Protection -- Clay Shell, Interim Fire Chief
G Consideration and possible recommendation to approve Change Order #2 to expand the scope of the
contract with Central Road and Utilities, Ltd. for the 16 Inch Irrigation Water Line and Irrigation
Water Pump Station Improvements to include the addition of one 650 gpm pump at the Airport
Irrigation Pump Station at a cost of $47,560.00 -- Glenn Dishong, Water Services Director and Jim
Briggs, Assistant City Manager for Utility Operations
Legislative Regular Agenda
H Discussion and possible direction to staff as a follow up to Monday's workshop regarding CARTS
Phase 1 and potential Phase 2 pilot program regarding the interlocal agreement to provide transit
services -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and
Development
I Consideration and possible action on a Resolution releasing Extraterritorial Jurisdiction property
located North of Ronald Reagan Boulevard for development of a Municipal Utility District -- Edward
G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development.
J Review and possible direction to staff regarding contracting with an independent agency in order to
conduct inspections of carnival/circus rides with any cost related to such a service being passed
through to the applicant via a permit fee -- Clay Shell, Interim Fire Chief
K Discussion and possible action regarding adoption of standardized contracts for use in retaining
outside counsel for transactional or litigation legal services -- Paul E. Brandenburg, City Manager
and Patricia E. Carls, City Attorney
L Consideration and possible action on the Legal Services Subcommittee report -- Dale Ross,
Councilmember District 6
M Discussion and possible action to approve recommendations from the Social Service and Youth
Program Funding Subcommittee regarding the Social Service and Youth Program Funding Policy
and Guidelines -- Ben Oliver, Councilmember District 7, Chairof the Council Subcommittee on Social
Service and Youth Funding
N Consideration and possible action to approve a Resolution creating the City Council General
Government and Finance Advisory Subcommittee, and consideration and possible action to appoint
members to the subcommittee -- Mayor George Garver
O Second Reading of an Ordinance amending the City Code relating To “Authority of City Manager to
Contract;” adding new section relating to change orders; and adding new section relating to delegation
of purchasing authority by City Manager -- Marsha Iwers, Purchasing Manager and Micki Rundell,
Director of Finance and Administration
P Second Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget)
due to conditions that resulted in year end budget variances; appropriating the various amounts thereof;
and repealing all ordinances or parts of ordinances in conflict therewith -- Leticia Zavala,
Controller and Micki Rundell, Director of Finance
Q Second Reading of an Ordinance on a Rezoning from AG, Agriculture to C-1, Local Commercial for
2.7678 acres and AG, Agriculture to OF, Office for 1.6402 acres in the Flores Survey, to be known as
M-S Subdivision, Phases 1 and 2, located at the southwest corner of CR 151 and Inner Loop -- Tommy
Garcia, Planner II and Elizabeth Cook, Director of Planning and Development
R Second Readingof an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local
Commercial District for 7.94 acres in the San Gabriel Estates, Lots 7 and 8, to be known as Esperanza,
located on Williams Drive -- Jordan Maddox, AICP, Planner III and Elizabeth Cook, Director of
Planning and Development
S Second Reading of an Ordinance to rename a portion of West State Highway 29 to West University
Avenue, and a portion of East State Highway 29 to East University Avenue, and a portion of County
Road 110 to Southwestern Boulevard, and County Road 116 to Rabbit Hill Road in recently annexed
areas -- Edward G. Polasek, AICP, Principal Planner, and Elizabeth Cook, Director, Planning and
Development.
T Second Reading of an Ordinance Amending Section 6.50.040(A) (12) of the Code of Ordinances
Pertaining to the Regulation of Itinerant Merchants -- Paul E. Brandenburg, City Manager
U Public Hearing and possible action on the Parks and Recreation Element of the 2030
Comprehensive Plan -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director
of Community Services
V Public Hearingand possible action on a Special Use Permit for an accessory residential unit at
Glasscock Addition, Block 29, Lots 8 & 9, located at 404 East 7th Street -- Robbie Wyler, Historic
District Planner and Elizabeth Cook, Director of Planning and Development
W First Reading of an Ordinance revising Chapter 9.08 of the Code of Ordinances, related to Weapons,
as recommended by the Police Department. -- Chief of Police
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.
X Sec.551.071: Consultation with Attorney
1. Advice from attorney about pending or contemplated litigation and other matters on which the
attorney has a duty to advise the City Council, including this week's agenda items
2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court
for the Western District of Texas, Austin Division
3. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United
States District Court for the Western District of Texas Austin Division
4. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd
Judicial District, Travis County, Texas
5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under
the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding
development of Wolf Ranch" dated September 11, 2003
6. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of
Williamson County, 277th Judicial District
7. Discussion and possible action regarding legal issues arising from the UDC Amendment process
8. Discussion and possible action regarding the application of 3 B&J Wastewater Company, Inc. for a
permit from the Texas Commission on Environmental Quality to discharge treated domestic wastewater
into an unnamed tributary, thence to the North Fork of the San Gabriel River (TCEQ Proposed Permit
No. WQ0014911001).
Y Sec 551.072: Deliberation about Real Property
1. Consideration and possible action concerning the acquisition of property within the Williams Drive
Gateway, including McCoy Elementary.
Z Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental
body has received from a business prospect that the City Council seeks to have locate, stay or expand in
or near the territory of the City and with which the City Council is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the
City Council seeks to have locate, stay or expand in or near the territory of the City and with which the
City Council is conducting economic development negotiations. Old Albertson's Building.
Adjournment
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Sandra Lee, City Secretary
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Call to Order
Pledge of Allegiance
Comments from Mayor:
- Welcome and Meeting Procedures
City Manager Comments:
- May 9, 2009 General Election
- Georgetown Recreation Center Grand Opening
Action from Executive Session
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # A
City of Georgetown, Texas
January 27, 2009
SUBJECT:
- As of the deadline, there were no persons who requested to address the Council on items other than what is
already posted on the agenda.
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # B
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action to approve the minutes of the Council Workshop held on Monday,
January 12 and the Council Meeting held on Tuesday, January 13, 2009 -- Jessica Hamilton, Assistant City
Secretary
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
ATTACHMENTS:
January 12, 2009 Minutes
January 13, 2009 Minutes
Cover Memo
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City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action to award the bid for construction of the concrete slab for the Police
evidence storage building to Champion Site Prep in the amount of $49,700.00 -- Terry Jones, Support
Services Construction Manager and Micki Rundell, Director of Finance and Administration
ITEM SUMMARY:
Bids were solicited to provide the City with a 30’x 75’ concrete slab for the Police evidence storage building.
The building contains four overhead doors to store vehicles that are used as evidence in crimes; to store the
Police motorcycles when not in use; and an outside covered area suitable for the storage of
abandoned/confiscated bicycles. Staff is recommending an award be made to the low bidder, Champion Site
Prep of Georgetown.
Original budget for the project was $57,000.00 and included engineering fees, the metal building, the slab
construction, site work, erection of the building, and some electrical work. The 2,200 square foot
prefabricated metal building was purchased in the 2007/08 budget year at a cost of $16,800.00. Erection of
the structure was also bid and the funds were encumbered in a purchase order in the amount of $7,900.00.
Engineering fees for the project totaled $8,000 and geotechnical testing and surveying cost another
$4,050.00. That left approximately $18,000.00 to construct the slab and perform associated site work. The
lowest bid we were able to secure was $67,000.00 after several specification changes and re-bidding. It was
determined that there were insufficient funds available to construct the slab in the prior fiscal year and
additional funds were requested and approved in the current fiscal year for completion of the slab.
FINANCIAL IMPACT:
Total amount of this bid for the concrete slab is $49,700.00 and is budgeted in the Police Facility Renovation
account 120-9-0380-90-106.
SUBMITTED BY:
Micki Rundell
ATTACHMENTS:
Bid Tabulation
Cover Memo
Item # D
Police Evidence Storage Slab
Bid Tabulation
Bidder Amount
Champion Site Prep $49,700
Fazzone Construction $96,000
JP Excavating $99,743
Attachment number 1
Page 1 of 1
Item # D
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action to authorize application for equipment grant for $14,000.00 from the
Firehouse Subs Public Safety Foundation -- Clay Shell, Interim Fire Chief
ITEM SUMMARY:
The Firehouse Subs Public Safety Foundation provides none matching grants:
To provide emergency service entities with life-saving equipment, such as, radio equipment, oxygen
tanks, Jaws of Life, defibrillators and infrared imaging equipment for firefighters.
To provide prevention and educational tools about the importance of fire safety, emergency services,
and natural disaster preparedness in order to prepare for, and work to prevent disasters in the home
and community.
The request is for four Rad-57cm Handheld CO-Oximeter monitors with SpCO & SpMet includes Rainbow
DCI-dc3. These monitors accurately measure carbon monoxide, methemoglobin in the blood. Eliminates the
risk of misdiagnosing unsuspected CO poisoning as flu or fatigue. Detects potentially life-threatening
acquired methemoglobinemia.
The monitors would be placed at on an apparatus at Fire Stations 1 and 3.
FINANCIAL IMPACT:
No matching funds are required for this Grant.
SUBMITTED BY:
Clay Shelll, Iterim Fire Chief
ATTACHMENTS:
Monitor information
Grant Financial Analysis
Cover Memo
Item # E
Attachment number 1
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Item # E
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action to authorize application for a Training Grant for $6,200.00 from the
Texas Commission on Fire Protection -- Clay Shell, Interim Fire Chief
ITEM SUMMARY:
The Texas Commission on Fire Protection application is due March 29, 2009. If awarded this grant, the
Georgetown Fire Department would be able to send eight fire department personnel to school this year for
continuing fire education requirements of the Texas Commission on Fire Protection and National
Standards. We also receive Insurance Services Office (ISO) credit.
We have successfully received this grant for the past 4 years.
· Eight (8) Firefighters would attend the 80th Annual Municipal Fire School located in College Station,
Texas.
FINANCIAL IMPACT:
No matching funds are required for this Texas Commission on Fire Protection Grant.
SUBMITTED BY:
Clay Shelll, Iterim Fire Chief
ATTACHMENTS:
Grant Financial Analysis
Cover Memo
Item # F
Attachment number 1
Page 1 of 1
Item # F
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible recommendation to approve Change Order #2 to expand the scope of the contract with
Central Road and Utilities, Ltd. for the 16 Inch Irrigation Water Line and Irrigation Water Pump Station
Improvements to include the addition of one 650 gpm pump at the Airport Irrigation Pump Station at a cost of
$47,560.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations
ITEM SUMMARY:
The proposed Change Order #2 expands the scope of the original project to add a third 650 gpm pump and related
controls to the existing pump station. The addition of the third pump will improve reliability to the pump station and
increase the total pumping capacity to meet the irrigation needs of the Sun City golf courses.
Other minor changes included in this Change Order are the removal of sludge in the Airport GST and the addition of a
6” gate valve. The Change Order totals $47,560.00 and will add 140 days to the project, commencing upon completion of
the original project scope.
GUS BOARD RECOMMENDATION:
This item did not need GUS Board approval.
STAFF RECOMMENDATION:
Staff recommends approval of Change Order #2 to the contract with Central Road and Utilities, Ltd. for the 16 Inch
Irrigation Water Line and Irrigation Pump Station Improvements for $47,560.00.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Water Services Budget.
Fund Actual Budget Budget Balance
Available
660-9-0582-90-
002
660-9-0582-90-
008
Pecan Branch Reuse
S.G. Reuse Upgrades
$47,560.00
$0
$0
$100,000.00
$0
$52,440.00
SUBMITTED BY:
Jana Kern
ATTACHMENTS:
Change Order #2
Financial Impact
Cover Memo
Item # G
Attachment number 1
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Item # G
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Discussion and possible direction to staff as a follow up to Monday's workshop regarding CARTS Phase 1
and potential Phase 2 pilot program regarding the interlocal agreement to provide transit services --
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development
ITEM SUMMARY:
Based on discussion and direction to staff at the Monday January 26, 2009 City of Georgetown City Council
Workshop, specific action may be required to initiate Phase 2 of the Pilot Bus Program, or modify the notice
to proceed on Phase 1. A specific notice to proceed may be created and presented to City Council after the
workshop item is discussed. This item is being placed on the regular agenda for that purpose.
FINANCIAL IMPACT:
SUBMITTED BY:
Edward G. Polasek, AICP
ATTACHMENTS:
Phase 2 Map
Cover Memo
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Map maintained by:City of Georgetown, TexasPlanning and Development Department300 Industrial AvenueP.O. Box 1458Georgetown, Texas 78627Phone: 930-3575
Coordinate System: Texas State Plane/Central Zone/NAD 83/Feet
PILOTPROGRAMPhase 2
December 12, 2008
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Cartographic Data For General Planning Purposes Only
***
The accuracy and precision of this cartographic data is limited andshould be used for informational/planning purposes only. This datadoes not replace surveys conducted by registered Texas land surveyors nor does it constitute an "official" verification of zoning,land use classification, or other classification set forth in local, state,or federal regulatory processes. The City of Georgetown, nor any of its employees, do not make any warranty, express or implied,including any warranty of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefullness of any such information, nordoes it represent that its use would not infringe upon privately owned rights.
1 inch = 1,500 feet
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chris bryce
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&Southeast Route Bus Stops
#Phase 1 Modified Stops
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City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action on a Resolution releasing Extraterritorial Jurisdiction property
located North of Ronald Reagan Boulevard for development of a Municipal Utility District -- Edward G.
Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development.
ITEM SUMMARY:
The City has received a request for ETJ release for properties North of Ronald Reagan Boulevard, west of
CR 248 and east of CR 289. This are is outside of the ultimate growth boundary adopted in the 2030 Plan
and any utility service area of the City of Georgetown. In 2006 the City consented to the creation of a
Municipal Utility District (MUD) on the Benton Tracts. There is a possibility that the Owen Tract will be
added to potential MUD boundary. The proposed development is a large lot single family residential
development.
At the January 13, 2008 City Council Meeting Staff was directed to proceed with a resolution releasing the
property.
FINANCIAL IMPACT:
SUBMITTED BY:
Edward G. Polasek, AICP
ATTACHMENTS:
Cover Sheet
Resolution
Resolution Exhibit A
Resolution Exhibit B
Cover Memo
Item # I
Council meeting: January 27, 2009 Item No. __________
AGENDA ITEM COVER SHEET
SUBJECT: Consideration and possible action on a Resolution releasing Extraterritorial
Jurisdiction property North of Ronald Reagan Boulevard for development of a Municipal Utility
District.
ITEM SUMMARY: The City has received a request for ETJ release for properties North of Ronald
Reagan Boulevard, west of CR 248 and east of CR 289. This are is outside of the ultimate growth
boundary adopted in the 2030 Plan and any utility service area of the City of Georgetown. In 2006
the City consented to the creation of a Municipal Utility District (MUD) on the Benton Tracts. There
is a possibility that the Owen Tract will be added to potential MUD boundary. The proposed
development is a large lot single family residential development.
The City will not lose any authority or potential party status to any wastewater plan permit through
the TCEQ by releasing the ETJ. Party status is determined by the Administrative Court Judge based
on watershed impacts and other factors, not ETJ.
At the January 13, 2008 city Council meeting staff was directed to proceed with a resolution
releasing the property.
SPECIAL CONSIDERATIONS: Section 42.021 of the Texas Local Government Code
establishes the extent of Extraterritorial Jurisdiction of municipalities; and Section 42.023 of
the Texas Local Government Code allows municipalities to reduce it’s Extraterritorial
Jurisdiction (ETJ) and relinquish all ETJ rights in said property.
FINANCIAL IMPACT: N/A
ATTACHMENTS: Resolution releasing ETJ property.
RECOMMENDED MOTION: Approval of the resolution.
Submitted By:
Elizabeth Cook Edward G. Polasek, AICP
Director, Planning and Development Principal Planner
Attachment number 1
Page 1 of 1
Item # I
RESOLUTION NO. ______________
A Resolution of the City Council of the City of Georgetown, Texas,
Releasing Extraterritorial Jurisdiction Property Located North of
Ronald Reagan Boulevard, East of the 2008 ETJ Agreement with the
City of Liberty Hill, and West of County Road 248, with said property
under consideration for a Municipal Utility District.
WHEREAS, the City of Georgetown, Texas, wishes to release certain real property from
its Extraterritorial Jurisdiction (ETJ), and relinquish all ETJ rights in said property under
consideration for a Municipal Utility District, and
WHEREAS, Section 42.021 of the Texas Local Government Code establishes the extent of
Extraterritorial Jurisdiction of municipalities; and
WHEREAS, Section 42.023 of the Texas Local Government Code allows municipalities to
reduce it’s Extraterritorial Jurisdiction (ETJ) and relinquish all ETJ rights in said property; and
WHEREAS, the release of property from the City of Georgetown, Texas ETJ will not
diminish the City of Georgetown’s party status in any judicial matters related to a potential
waste water discharge permit for the released property before the Texas Commission on
Environmental Quality.
Now Therefore, be it resolved by the City Council of the City of Georgetown, Texas:
That the said Property, described in Exhibit A and depicted in Exhibit B, shall be, and it is
hereby, granted release from the City of Georgetown’s ETJ.
PASSED AND RESOLVED this the 27th day of January 2009.
ATTEST:
Jessica Hamilton, Assitant City Secretary George G. Garver, Mayor
Approved as to Form:
Patricia E. Carls, City Attorney
Attachment number 2
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ETJ Release
Benton MUD Area
Coordinate System:
Texas State Plane/Central Zone/NAD 83/US Feet
December 21, 2008
***
Cartographic Data For
General Planning Purposes Only
City of Georgetown, Planning and
Development Services Department
***
0 0.25 0.5 0.75 10.125
Miles
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map.GTOWN.UltimateBndry
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PROP COLLECTOR
STREAMS
Benton MUD Area
Owen Property
Addition to MUD Area
ETJ Release Boundary
Attachment number 4
Page 1 of 1
Item # I
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Review and possible direction to staff regarding contracting with an independent agency in order to conduct
inspections of carnival/circus rides with any cost related to such a service being passed through to the
applicant via a permit fee -- Clay Shell, Interim Fire Chief
ITEM SUMMARY:
We contacted Barry Richard with the Lundy Group, a local amusement ride inspector, about whether the
City of Georgetown could perform annual inspection and or safety inspection services for an owner. In order
for the City to conduct annual inspections and or safety inspections for owners, the City would have to
employee a Safety Officer Inspector certified by the National Association of Amusement Ride Safety
Officials (NAARSO). Prerequisite to obtain this certification is three (3) years of experience in the
amusement ride industry or a technical degree. Therefore, the City of Georgetown could not currently
provide such inspection services for owners of amusement rides.
The City of Georgetown could contract with an independent company/inspector to provide a routine safety
inspection. Mr. Richard is contracted by the City of Addison to provide safety inspections.
Mr. Richard currently inspects the carnival rides that setup operations in Georgetown. He advised that the
carnivals that come to Georgetown (Wolf Ranch) have requested him to come out after the carnival has set
up to perform an annual inspection.
He also stated the most carnivals, including the ones that come to Georgetown, try coordinating their annual
inspection needs with scheduling a performance in an area that is in close proximity to an independent
inspector. This reduces the owner’s cost, because it eliminates the travel expenses of the inspector.
The preliminary cost of contracting this service will vary depending on the type of service that is requested.
Lundy Group (Local)
Safety Inspection - $100.00/per ride.
Daily over site of the carnival operation (including inspections) - $1000.00/day (no travel expenses)
Mr. Richard with the Lundy Group also offered to provide training to our inspectors on amusement ride
setups and operations at little to zero cost.
Hoggard Amusement Industries Inc
Safety Inspection and or Daily over site - $800.00/day, Plus travel expenses.
SEE FULL REPORT ATTACHED
FINANCIAL IMPACT:
None
SUBMITTED BY:
Clay Shelll, Iterim Fire Chief
ATTACHMENTS:
Written report
TDI Amusement Ride Inspector List
Cover Memo
Item # J
1
Fire Department
P.O. Box 409
Georgetown, Texas 78627-1458
512-930-FIRE (3473)
Memo
To: Paul Brandenburg, City Manager
From: Clay Shell. Asst. Fire Chief
CC: Dave Hall, Building Official
Date: January 23, 2009
Re: Inspections of Amusement Rides
I spoke with Inspector B. J. Morris with the Texas Department of Insurance (TDI) about
amusement ride annual inspections. It was very informative. All amusement rides must
have an annual inspection completed by an independent company.
What is considered as an amusement ride?
• Most mobile carnival rides
• Most theme park rides
• Most water park rides and devices
• Amusement rides also include, but not limited to the following: go-karts, rock climbing
walls, bungee jumps, mechanical bulls, trackless trains, inflatable type rides / devices, and
various simulators. Including inflatable type rides / devices owned / operated by non-profit
organizations.
What is NOT considered as an amusement ride?
• Non-mechanized playground equipment
• Physical fitness / training devices or obstacle / ropes course equipment
• Public conveyance devices
• Coin operated rides
• Small rides or devices the do not require the supervision or services of an operator.
• Live animal rides
• Motor Sports
The process of obtaining an annual inspection:
The owner's insurance company will either send out an inspector or have the owner contact
an inspector from a list of certified companies. A list from TDI is attached. I have
Attachment number 1
Page 1 of 4
Item # J
Page 2
highlighted in “orange” a local company in Georgetown and in “yellow” other companies
located in Texas.
The Inspection for each ride is submitted to the owner's Insurance Company and then to the
Texas Department of Insurance. The Texas Department of Insurance will send the owner
an Inspection Certificate/Compliance Sticker for each ride. The Compliance Stickers have
the expiration date stamped or punched on it. The stickers change color each year. The
Compliance Sticker should be affixed to a major component of each ride in a location visible
to the ride participants. However, some rides my not have the sticker affixed to it
(inflatables) because of the type of ride and not having anything to attach the sticker to.
The owner must have on site the following:
1. Copy of proof of an in-force liability insurance policy for each ride
2. Copy of the records of the annual inspection of each ride
3. Copy of the State Inspection Certificate/Compliance Sticker or each ride
4. Copy of quarterly reports made to TDI within the last two years concerning injury or death
resulting from an amusement ride and any government action taken against a ride.
5. Copy of daily self inspection records of mobile rides for the past year.
What should the public look for at a carnival or amusement park?
• “Look for the Sticker” – A compliance sticker should be affixed to each ride
• “Look for the Sign” – A sign is required to inform the public how to report (on-site) an
amusement ride that appears to be unsafe or to report an amusement ride operator that
appears to be violating the law. The sign is to be posted at the principal entrance or at the
ticket booths.
Who is in charge?
A Fire Prevention Inspector or a municipal, county or state law enforcement official may
enter and inspect without notice any amusement ride at any time to ensure public safety
and may immediately prohibit operation of an amusement ride for non-compliance and / or
unsafe operation.
If requested, the owner / operator must make available the items listed below;
• Copy of proof of an in-force liability insurance policy for each ride
• Copy of the records of the annual inspection of each ride
• Copy of the State Inspection Certificate/Compliance Sticker or each ride
• Copy of quarterly reports made to TDI within the last two years concerning injury or death
resulting from an amusement ride and any government action taken against a ride.
• Copy of daily self inspection records of mobile rides for the past year
Immediate Prohibition of Operations
A Fire Prevention Inspector or a municipal or county law enforcement official may
immediately prohibit operation of an amusement ride if:
• The operator is unable to produce a current certificate of inspection for each ride
• The operator is unable to produce proof of an in-force liability insurance policy
• The operation of the amusement ride appears to be unsafe or the safety of a passenger on the
amusement ride appears to be threatened
Attachment number 1
Page 2 of 4
Item # J
Page 3
An offence for non-compliance is a Class B misdemeanor.
The Texas Department of Insurance encourages municipalities to consider reasonable
measures to provide protection to their residents such as the adoption of municipal
permitting, local registration, or other notification requirements.
City Council’s Question
I contacted Barry Richard with the Lundy Group, a local amusement ride inspector, about
whether the City of Georgetown could perform annual inspection and or safety inspection
services for an owner. In order for the City to conduct annual inspections and or safety
inspections for owners, the City would have to employee a Safety Officer Inspector certified
by the National Association of Amusement Ride Safety Officials (NAARSO). Prerequisite
to obtain this certification is three (3) years of experience in the amusement ride industry or
a technical degree. Therefore, the City of Georgetown could not currently provide such
inspection services for owners of amusement rides.
Mr. Richard currently inspects the carnival rides that setup operations in Georgetown. He
advised that the carnivals that come to Georgetown (Wolf Ranch) have requested him
to come out after the carnival has sets up to perform an annual inspection.
He also stated the most carnivals, including the ones that come to Georgetown, try
coordinating their annual inspection needs with scheduling a performance in an area
that is in close proximity to an independent inspector. This reduces the owner’s cost,
because it eliminates the travel expenses of the inspector.
The City of Georgetown could contract with an independent company/inspector to
provide a routine safety inspection. Mr. Richard is contracted by the City of Addison
to provide safety inspections.
The preliminary cost of contracting this service will vary depending on the type of service
that is requested.
Lundy Group (Local)
Safety Inspection - $100.00/per ride.
Daily over site of the carnival operation - $1000.00/day (no travel expenses)
Mr. Richard with the Lundy Group also offered to provide training to our inspectors on
amusement ride setups and operations at little to zero cost.
Hoggard Amusement Industries Inc
Safety Inspection and or Daily over site - $800.00/day, Plus travel expenses.
Staff Recommend Options
Option 1:
The City of Georgetown Event Committee will ensure that carnivals and amusement park
events are in accordance with City of Georgetown’s Event Ordinance and State
requirements prior issuing a permit.
Attachment number 1
Page 3 of 4
Item # J
Page 4
The following paperwork shall be required at the time of application;
1. Copy of proof of an in-force liability insurance policy for each ride
2. Copy of the records of the annual inspection of each ride
3. Copy of the State Inspection Certificate/Compliance Sticker or each ride
4. Copy of quarterly reports made to TDI within the last two years concerning injury or death
resulting from an amusement ride and any government action taken against a ride.
5. Copy of daily self inspection records of mobile rides for the past year.
The application for a permit shall be denied if the applicant fails to provide the any of the
required documents with their application.
On-Site Inspection Requirement
Provide our Inspector with amusement ride setups and operations.
Prior to the amusement rides being opened to the public, a Fire Inspector will be sent out to
conduct a general fire safety inspection and ensure the owner / operator is in compliance
with state law.
Option 2:
The City of Georgetown Event Committee will ensure that carnivals and amusement park
events are in accordance with City of Georgetown’s Event Ordinance and State
requirements prior issuing a permit.
The following paperwork shall be required at the time of application;
1. Copy of proof of an in-force liability insurance policy for each ride
2. Copy of the records of the annual inspection of each ride
3. Copy of the State Inspection Certificate/Compliance Sticker or each ride
4. Copy of quarterly reports made to TDI within the last two years concerning injury or death
resulting from an amusement ride and any government action taken against a ride.
5. Copy of daily self inspection records of mobile rides for the past year.
The application for a permit shall be denied if the applicant fails to provide the any of the
required documents with their application.
On-Site Inspection Requirements
Provide our Inspector with amusement ride setups and operations.
Prior to the amusement rides being opened to the public:
1. General fire safety inspection completed by the Fire Inspector
2. Contract with Lundy Group to conduct a Safety Inspection and pass that cost on
to the owner / operator.
Sincerely,
J. Clay Shell
Attachment number 1
Page 4 of 4
Item # J
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Attachment number 2
Page 1 of 6
Item # J
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Attachment number 2
Page 2 of 6
Item # J
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Attachment number 2
Page 3 of 6
Item # J
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Attachment number 2
Page 4 of 6
Item # J
AM
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Attachment number 2
Page 5 of 6
Item # J
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Attachment number 2
Page 6 of 6
Item # J
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Discussion and possible action regarding adoption of standardized contracts for use in retaining outside
counsel for transactional or litigation legal services -- Paul E. Brandenburg, City Manager and Patricia
E. Carls, City Attorney
ITEM SUMMARY:
The City Council requested that the City Attorney prepare standardized guidelines and agreements for use
when the City engages outside counsel to assist with specialized transactional or litigation legal services.
Litigation Guidelines: This form would be used when the City engages outside counsel to represent it in
litigation for which the claims are not covered by the City’s insurance. The form addresses several matters,
including the following:
- Designation of the lead attorney and approval of staffing
- Establishment of the hourly rate(s) for the lead attorney and any other attorney working on the matter
- Establish what expenses and fees will be paid or not paid and billing procedures
- Establish communications, documentation, and billing protocols
- Require written initial status report and budget, and periodic updates as the case progresses
- Establish settlement authority at levels that track the City’s current policies
Transaction Guidelines: This form would be used when the City engages outside counsel to provide
specialized legal services either on a project-by-project basis or on an on-going basis. Examples of such
specialized legal services are real estate transactions; civil service matters; electric service contracts, etc. The
form addresses several matters including:
Staffing and rates, including a cap when appropriate
Communications protocol
Billing procedures
Documentation protocol
Use of these forms will standardize the working relationships with outside counsel. If approved, over the
next several months, the City Manager and City Attorney can work with the firms currently providing
outside legal counsel services to the City and convert the existing engagement letters over to the new forms.
ATTACHMENTS:
1. Outside Counsel Engagement Letter and Guidelines – Litigation
2. Outside Counsel Engagement Letter and Guidelines – Transactional
FINANCIAL IMPACT:
SUBMITTED BY:
Paul E. Brandenburg, City Manager and Trish Carls, City Attorney
ATTACHMENTS:
Litigation Engagement Letter
Transactional Engagement Letter
Cover Memo
Item # K
Georgetown – Outside Counsel – Litigation
Page 1 of 12
CITY OF GEORGETOWN, TEXAS
OUTSIDE COUNSEL
ENGAGEMENT LETTER (Non-insurance-covered Litigation )
Date
Name of the Firm
Attn: Lead Attorney
Address
Address
Re: Case Style No.
Case Cause Number
Dear ____________:
This Engagement Letter confirms that (Insert Name of Firm) (the “Outside Counsel”) will represent the
City of Georgetown (the “City”) in the above-referenced case. Your acceptance of this representation
(the “Representation”) becomes effective upon complete execution of this Engagement Letter.
Terms of Engagement
This Engagement Letter sets out the terms of Outside Counsel’s engagement in the Representation. The
execution and return of this Engagement Letter constitutes an unqualified agreement to all the terms set
forth in this Engagement Letter, as well as its Exhibit A - Legal Matter Transmittal Form and Exhibit B -
City of Georgetown Guidelines for Outside Counsel - Litigation, both of which are attached and
incorporated herein.
It is understood and agreed that your engagement is limited to the Representation as more fully described
in the “Description of the Representation” on Exhibit A. Outside Counsel is not being retained as general
counsel, and Outside Counsel’s acceptance of this engagement does not imply any undertaking to provide
legal services other than those set forth in this letter.
All aspects of Outside Counsel’s representation shall be coordinated with the City Attorney.
Authorized Personnel, Legal Fees and Costs
(Insert Name of Lead Attorney) will be the lead attorney in the Representation. The City may call, write
or e-mail (Insert Name of Lead Attorney) whenever the City has any questions about the Representation.
Other Outside Counsel personnel, as listed in Exhibit A, are authorized to participate in the
Representation. Legal fees in the Representation will be based on the time spent by authorized Outside
Counsel personnel. Hourly rates for services in connection with the Representation, as previously agreed
upon between City and Outside Counsel, are noted for each authorized individual. Outside Counsel may
not hire any other attorneys, consultants or experts for this Representation without the prior approval of
the City.
Insurance
A certificate evidencing Outside Counsel’s Professional Liability Insurance coverage shall be provided to
the City prior to commencement of services. The policy shall have a minimum limit of $1,000,000.
Conclusion
Attachment number 1
Page 1 of 12
Item # K
Georgetown – Outside Counsel – Litigation
Page 2 of 12
This Engagement Letter, together with its attachments, constitutes the entire terms of the engagement of
Outside Counsel, in the Representation. (In the event of a conflict between any of these documents, the
documents shall govern in the following order: Engagement Letter, City of Georgetown Guidelines for
Outside Counsel - Litigation, and Legal Matter Transmittal Form). The written terms of engagement are
not subject to any oral agreements or understandings, and can be modified only by further written
agreement signed both by the City Attorney and (Insert Name of Lead Attorney). Unless expressly stated
in these terms of engagement, no obligation or undertaking shall be implied on the part of the City or
Outside Counsel.
Please carefully review this Engagement Letter. If this Engagement Letter is acceptable, please sign the
Engagement Letter and its Exhibit A. Sign and return one original of the Engagement Letter and Exhibit
A, along with a copy of Outside Counsel’s insurance certificate by (Insert Due Date) to the City Manager,
P.O. Box 409, Georgetown, Texas 78627. If you have any questions concerning this engagement, please
call the City Attorney at ________________________.
Sincerely,
City Manager
(Insert Name of Firm), AGREES TO AND ACCEPTS THIS LETTER AND THE ATTACHED TERMS
OF ENGAGEMENT:
_______________________ _____________________
(Insert Name of Lead Attorney), Date
(Insert Title),
(Insert Name of Firm)
Attachment number 1
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Item # K
Georgetown – Outside Counsel – Litigation
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EXHIBIT A TO OUTSIDE COUNSEL ENGAGEMENT LETTER
LEGAL MATTER TRANSMITTAL FORM
LITIGATION
A. Description of Representation
1. Style of Case:
B. Outside Counsel Firm Information:
1. Name of Firm:
2. Address of Firm:
C. Lead Outside Counsel Attorney:
1. Name:
2. Address:
3. Telephone:
4. Fax:
5. E-mail:
D. City Attorney Contact Information
1. Name:
2. Address:
3. Telephone:
4. Fax:
5. E-mail:
Authorized Personnel and Associated Hourly Rates:
The table below includes the names and associated hourly rates for all attorneys and paralegals that are
authorized to work on and to bill their time to the above referenced Matter. City will not pay for time
spent by attorneys or paralegals not named below. If additional staffing is required, Lead Attorney should
discuss with City Attorney in accordance with the Guidelines for Outside Counsel - Litigation.
Name(s) of Authorized Personnel Hourly Rate
(Insert Name of Lead Attorney) (Insert Hourly Rate Associated with this person)
Insert Names of Other Authorized Personnel (Insert Hourly Rate Associated with this person)
Additional rows may be added
Attachment number 1
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Item # K
Georgetown – Outside Counsel – Litigation
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By signing below, Outside Counsel acknowledges it has received and reviewed the contents of the City of
Georgetown Guidelines for Outside Counsel – Litigation, and acknowledges their willingness to comply
with these policies and procedures with respect to the matter assigned herein. Outside Counsel also
acknowledges it is responsible for insuring that their firm’s lawyers adhere to the policies and procedures
set out in the Guidelines.
________________________________________________________
Authorized Signatory for the Outside Counsel
Printed Name:
Title:
Date:
Attachment number 1
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Item # K
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EXHIBIT B TO OUTSIDE COUNSEL ENGAGEMENT LETTER
GUIDELINES FOR OUTSIDE COUNSEL (Litigation)
I. INTRODUCTION
A. Acknowledgement: All Outside Counsel firms shall review the contents of these guidelines and
acknowledge their willingness to comply with these policies and procedures with respect to all
existing and future matters for which the firm is retained. It is the responsibility of Outside Counsel
to insure that all of their firm’s lawyers adhere to the policies and procedures set out in these
guidelines.
A. Engagement Letters: Referrals of legal matters to Outside Counsel will be done through
Engagement Letters that set out the terms of the engagement in the matter. Each Engagement Letter
shall be accompanied by: 1) a Legal Matter Transmittal Form (the “Form”); and 2) a copy of these
City of Georgetown Guidelines for Outside Counsel – Litigation (the “Guidelines”). The Form will:
1) identify the name of the matter; 2) describe the requirements of the representation; 3) list the name
of City Attorney who shall act as the City’s liaison with Outside Counsel; 4) list the Outside Counsel
firm and the name of the Lead Attorney for the Outside Counsel firm; and 5) provide a list of names
and approved billing rates for Outside Counsel personnel who will be authorized to work on the
representation. To accept the engagement, Outside Counsel will be required to sign the Engagement
Letter and the Form and return them along with other required documents to the Outside Counsel
Coordinator by the due date to be stated in the Engagement Letter. Work on the file is limited to the
Representation as set forth on the Form and may not be billed until receipt of this Form, unless
otherwise agreed to by the City Attorney.
B. Conflicts of Interest: The City provides legal representation not only for itself, but also to its
officers, directors, elected or appointed officials, board or commission members, and employees
when such persons are acting within the scope of their duties or employment. No law firm with an
attorney - client relationship with the City of Georgetown may represent any person or other
entity in any matter or engagement where the City has an interest and the interests of such
person or entity actually or potentially conflict with the City’s interest without obtaining a
written waiver signed by the City Manager and City Attorney fully disclosing the interest and
the conflict.
Immediately upon receipt of an Engagement Letter, Outside Counsel will perform a conflicts check
and inform the City Attorney, in writing, of any actual or potential conflict of interest or provide a
statement that no conflicts exist. In the event an identified conflict cannot be resolved to the City’s
Attorney’s satisfaction, the City may decline to use the Outside Counsel. In the event Outside
Counsel determines there is such a conflict of interest or potential conflict of interest after the
Representation commences, he/she must notify the City Attorney, in writing, immediately.
D. Staffing: Outside Counsel is expected to staff the Representation with appropriate resources and
provide representation services in a manner that is both beneficial to the City’s legal interests and cost
effective. Although the appropriate level of staffing will vary from matter to matter, many matters
can and should be handled by one lawyer. Also, a team of one partner and one associate can properly
service most matters that require more than one lawyer.
Law firms are retained because of their expertise. Accordingly, time spent educating lawyers within
the firm on applicable substantive law should not be billed to the City. However, the City does not
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want to discourage the involvement of associates or paralegals who can provide quality services at a
lower hourly fee and encourages Outside Counsel utilize junior attorneys and paralegals capable of
performing a given task with the understanding that the quality of the work must be maintained.
In general, associates should not be used for services performable by paralegals, such as deposition
summaries and routine document review. Under no circumstances should paralegals be assigned
tasks customarily performable by secretaries, clerks and messengers such as photocopying, filing,
opening files, etc.
Prior to issuing an Engagement Letter, the City Attorney will discuss appropriate staffing with
Outside Counsel and determine a staffing complement, including the designation of a Lead Attorney
for the matter, that is mutually agreeable and in the best interests of the City. Outside Counsel shall
not change the designated Lead Attorney unless approved by the City Attorney. The agreed-upon
staffing complement will be reflected on the Form that accompanies the Engagement Letter. Should
the staffing complement need to be revised later, the Lead Attorney must obtain the approval of the
City Attorney prior to using any Outside Counsel personnel not listed on the Form. Upon approval,
the Lead Attorney will need to sign an updated Form reflecting the approved revisions to the
authorized Outside Council staffing complement.
Regardless of who performs the work, responsibility for the quality of all work shall remain with the
Lead Attorney assigned to the Representation. The Lead Attorney shall serve as the liaison with the
City and shall be ultimately responsible for the handling of the matter.
E. Representation of City Officials and Employees: The City provides coverage not only for itself,
but also to its officers, directors, elected or appointed officials, board or commission members, and
employees when such persons are acting within the scope of their duties or employment. If such
individuals are named in a lawsuit, the City normally retains one attorney to represent them and the
City, unless there is a conflict of interest. Before Outside Counsel makes an appearance on behalf of
any such individuals, Outside Counsel must determine whether or not such individuals have been
personally served. If they have not been served, Outside Counsel must either obtain their permission
to make an appearance on their behalf or, if such permission is not given, remind the individuals that
it is their responsibility to notify Outside Counsel or the City Attorney when they are served. The
attorney should also advise such individuals of the possibility of a default judgment being entered if
an appearance is not made in the lawsuit on their behalf. Further, Outside Counsel must immediately
determine whether there is a conflict of interest between the various defendants which prevents an
appearance for all of such individuals and the City. In the event Outside Counsel determines there is
such a conflict of interest, Outside Counsel must contact the City Attorney immediately.
II. DOCUMENTATION
A. General: As a condition of Outside Counsel’s engagement and for efficiency, tracking, and to control
costs, Outside Counsel should communicate with and provide documents generated by Outside
Counsel to the City Attorney by email except where another form of communication requires an
immediate response, for a discussion of strategy, security is a concern, or similar concerns. Outside
Counsel must also make a concerted effort to have third parties providing documents relating to
Outside Counsel’s Engagement provide documents by email if they are to be provided to the City.
Outside Counsel is responsible for maintaining a complete case file on each case. All papers
obtained, created or otherwise made part of the case file shall remain the property of the City of
Georgetown and shall be returned to the City Attorney’s Office upon request at no cost to the City.
A. Case Documents: Copies of all pleadings, motions, supporting briefs, and replies should be
forwarded to the City Attorney as they are filed with the court or received from opposing counsel.
Copies of interrogatories and requests for production or admissions should be so forwarded when a
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Item # K
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response is received from opposing counsel. Copies of City’s response to discovery requests should
be so forwarded at the same time they are given to opposing counsel. Routine correspondence or
other non-substantive documents are not to be forwarded. Outside Counsel must provide copies of
any and all scheduling orders, mediation dates and/or trial setting to the City Attorney in a timely
fashion.
B. Sanctions: Outside Counsel is required to forward to the City Attorney any motions or orders related
to sanctions against the City, its officials or employees and/or its counsel immediately upon receipt.
Failure to do so may result in the termination of counsel’s representation.
C. Research & Expert Reports: Research performed by the attorney or support staff and reports
prepared by outside experts, which are reduced to writing and billed to the claim file, should be
forwarded to the City Attorney upon completion.
III. REPORTING
A. Reporting Instructions: All reports should be addressed to the City Attorney, with a copy provided
to the City Manager. All reports should indicate the style of the case and file number.
B. Initial Status Report/Litigation Budget: The Lead Attorney shall prepare, within 30 days of case
assignment, an initial status report setting forth a statement of goals and strategies for the case. The
statement should include a short statement of the case and Outside Counsel's understanding of the
goals to be achieved and the tasks to be undertaken, to include but not limited to expected depositions,
causes of action likely to be allowed or dismissed, and initial analysis of liability or recovery. In
addition, within 30 days of case assignment, the Lead Attorney shall provide to the City Attorney and
the City Manager a Litigation Budget as shown in Attachment 1. If at any time during the course of
litigation it is necessary to adjust the budget, such adjustments must be discussed with and approved
by the City Attorney and City Manager.
C. Quarterly Reports: The Lead Attorney shall prepare a Quarterly Report that outlines the activity on
the case since the last report, to include but not limited to summaries of any depositions taken, any
written discovery, and any motions heard or filed. If there has been no activity, then a No Activity
Report should be filed. The Quarterly Report should contain recommendations for adjustments to the
reserves as well as any change in goals and strategy.
D. Pre-Mediation & Pre- Trial Reports: The Lead Attorney shall notify the City Attorney and the
City Manager of any trial dates and mediations as they are scheduled. At a week prior to a mediation,
the Lead Attorney shall submit a Pre-Mediation Report which should contain the following
information:
1. A summary of plaintiff’s relevant documentation (i.e. medical, employment and/or financial
record);
2. A summary of damages claimed or sought;
3. A brief discussion of the facts and legal issues that are in dispute;
4. Any possible problems in presenting the cities case at trial, such as missing witnesses or facts that
may be excluded by the rules of evidence;
5. Outside Counsel’s best estimate as to the likelihood of prevailing or loss on each of the claims
and the likely amount of recovery or loss given a reasonable jury;
6. Outside Counsel’s settlement recommendation;
7. Any additional information Outside Counsel feels is material to the case.
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Item # K
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At least thirty (30) days prior to a trial, the Lead Attorney shall submit a Pre-Trial Report which
should contain all the items listed above for the Pre-Mediation Report and the following additional
information:
1. The identity of witnesses, with a brief summary of each witness’s anticipated testimony;
2. The judge to hear the case (if known);
3. Expected length of trial;
4. Identification of all attorneys/staff expected to be utilized during trial.
IV. LITIGATION
A. General Policy: The City seeks to resolve cases as expeditiously and economically as possible
without jeopardizing its position on legal issues of significance. Accordingly, early and continuing
efforts should be made to identify cases that should be settled, as well as cases that could be handled
more effectively through mediation, arbitration, or other means of alternative dispute resolution.
B. Pre-Approved Activity: Outside Counsel is authorized to do the following without pre-approval:
1. Remove suits from State Court to Federal Court;
2. File answers, special exceptions, pleas in abatement, motions for more definite statement,
motions to compel, motions for summary judgment and motions to dismiss;
3. Legal research which requires less than ten (10) hours per lawsuit.
4. Propound and respond to written discovery (interrogatories, requests for disclosure, requests for
admission, requests for production)
5. Five (5) depositions or fewer (unless outlined and approved in the goals and strategies report)
6. Court appearances;
7. Routine correspondence and activities associated with handling lawsuits such as telephone calls
and office conferences;
8. Hiring of one expert and consultant if detailed in the goals and strategies report.
C. Activities Requiring Approval: Outside Counsel is required to obtain approval, from the City
Attorney, for the following activities:
1. More than five (5) depositions or the depositions noted in the goals and strategies statement;
2. Research which requires more than ten (10) hours per lawsuit;
3. Hiring of more than one expert and consultant;
4. Preparing and filing motions except those identified immediately above, under Paragraph B;
5. Out of state travel;
6. Use of other attorneys in the law firm not previously approved;
7. Attendance of more than one attorney at any meeting, deposition, or trial if billed to the City;
D. Motion Practice: Careful consideration should be given to the value of any motion before it is
prepared and filed. Except in unusual circumstances, time and effort should not be spent preparing,
filing, and arguing motions, unless the motion will significantly shorten or terminate the lawsuit, or
gain a distinct advantage. Summary Judgment Motions are encouraged.
E. Depositions: Outside Counsel should consider not only whether or not they are tactically sound, but
also whether or not the total exposure in the case makes them cost effective. Prior approval must be
obtained from the City Attorney or the City Manager before taking any depositions that will require
travel and/or overnight expenses to be incurred by the City.
F. Contact with City Officials and/or Employees: During the course of litigation, it will often be
necessary for Outside Counsel to confer with City officials and/or employees. All initial requests to
Attachment number 1
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Item # K
Georgetown – Outside Counsel – Litigation
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speak with officials or employees should be made through the City Attorney or the City Manager,
unless previously approved. All requests for contact with City Council members, to include the
Mayor, or the City Manager, any Assistant City Manager or Assistant to the City Manager, or any
department head should be coordinated through the City Attorney, unless otherwise approved.
G. Appeals: No appeal may be filed on behalf of the City or any of its officials or employees without
approval from the City Council. Outside Counsel shall immediately notify the City Attorney and the
City Manager if opposing counsel takes any matter on appeal.
H. Costs: Upon successful trial or dismissal of a suit against the City and or its employees or officials,
Outside Counsel shall confer with the City Attorney or the City Manager regarding pursuing recovery
of costs.
V. SETTLEMENT
A. Request for Settlement Authority: Settlements of $15,000 or less must be approved by the City
Manager. Settlements over $15,000 must be approved by City Council. Requests for settlement
authority should be made through the City Attorney. Requests for settlement authority must be made
on a timely basis by Outside Counsel.
B. Attendance at Mediation and Settlement Conferences: A representative of the City should attend
each mediation. Outside Counsel should consult with the City Attorney to determine if the attendance
of other City personnel is necessary.
VI. BILLING PROCEDURES
A. Rates: Billing rates are agreed upon at the time Outside Counsel is added to the List and shall remain
in effect for a period of three years from such date. In planning for each engagement to be assigned
to Outside Counsel, City and Outside Counsel will discuss the names of the attorneys and paralegals
that will comprise the authorized Outside Counsel personnel complement for the engagement. The
names and the associated hourly rates for the authorized Outside Counsel personnel will be listed on
the Form.
The City will only pay for the time of one attorney involved in inter-office conferences; such billing
may be made at the rate of the highest compensated attorney involved.
B. Invoices: Unless an alternative arrangement has been agreed to by the City Attorney, Outside Counsel
will present to the City Attorney its invoice for work performed on a monthly basis for work
performed the previous month no later than the 15th of each subsequent month. Each invoice shall be
printed on Outside Counsel’s letterhead and shall include the following information: date work
performed; initials of person who performed the work; description of the work; hours spent on the
work; cost (hours x fee). For expenses, the invoice must state the date that the expense was incurred, a
description of the expense, and the amount of the expense.
Outside Counsel shall bill time in hourly increments which are no larger than 1/10 of an hour.
The City reserves the right to decline to pay any bill received more than forty-five (45) days after the
end of the billing period in which the work that is the subject of the bill was performed.
If the City inadvertently pays a bill that, upon further review, proves not to be in compliance with the
Engagement Letter, the Form, or these Guidelines, the City retains the right to obtain from Outside
Counsel reimbursement of such charges or to deduct such payment from subsequent payments due to
Outside Counsel.
Attachment number 1
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Item # K
Georgetown – Outside Counsel – Litigation
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C. Non-Compensable Fees: Fees for the following tasks or activities will not be compensated:
1. Services that are clerical in nature, such as word processing, regardless of who performs such
services or at what rate they are performed (normal, temporary or overtime);
2. Repetitive file review;
3. Duplicative tasks;
4. File or document organization;
5. Preparing and processing invoices;
6. Responding to audit inquires;
7. Conferences involving attorneys, paralegals and other personnel from the firm, which involve
routine administrative coordinating or assignment related matters;
8. Time spent upon reassignment of a matter to another attorney, in familiarizing that attorney with
the file;
9. Charges for opening and/or updating files;
10. Work performed by or attendance of multiple attorneys, including by not limited to, attendance of
multiple attorneys at any meeting or conference;
11. Research of relatively routine matters, which should be within the knowledge of experienced
attorneys or research in excess of ten (10) hours;
12. Time spent training lawyers on applicable substantive law;
14. Time spent preparing reports and budgets.
D. Expenses: Expenses will be reimbursed only at Outside Counsel’s cost. Requests for expenses
reimbursements should be submitted with the quarterly invoice. Expenses will not be reimbursed by
the City except with the regular billing cycle . Documentation supporting all expenses shall be
provided to the City upon the City’s request. Outside Counsel should not have service providers such
as copy services and couriers bill the City directly.
The following expenses will not be reimbursed:
1. Meals or transportation for clerical support;
2. Fax charges;
3. Photocopy expenses of more than ten (10) cents per page;
4. In-house delivery service;
5. Office supplies.
E. Meal and Travel Expenses: Meal and travel expenses will be subject to the following provisions:
1. Within Austin SMSA: Not paid.
2. Outside Austin SMSA: Reasonable meal and travel expenses will be paid if such expenses are
in connection with the representation. Upon returning from travel, Outside Counsel will fully
document and include travel expenses in the next regular billing cycle.
F. Auditing of Bills: The City has the right to audit all bills presented for payment or actually paid by
the City. For this purpose, the City may use in-house auditors or the services of an independent
auditor. Outside Counsel shall make available in his/her/their office any and all documentation
deemed necessary by City or its designated representative to conduct said audit. The City will give
Outside Counsel at least seven (7) business days' notice of any such audit.
In the event Outside Counsel bills are audited, the City will not pay any costs incurred by Outside
Counsel in responding to audit requests or for time spent with the auditors.
Attachment number 1
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Item # K
Georgetown – Outside Counsel – Litigation
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ATTACHMENT 1 TO GUIDELINES FOR OUTSIDE COUNSEL
(Litigation)
LITIGATION BUDGET
Matter Name: Date:
Firm's Client/Matter#
Period Covered:
Partner in Charge:
Case Assessment Development and Administration
Fact Investigation/Development $
Experts/Consultants
Settlement/Non-Binding ADR
Other Case Assessment, Development,
Administration
$
Pre-Trial Pleadings and Motions
Pleadings $
Preliminary Injunctions/Provisional Remedies
Court Appearances
Dispositive Motions
Other Written Motions and Submissions
Discovery
Written Discovery $
Document Production
Depositions
Expert Discovery
Discovery Motions
Other Discovery
Court Reporter Fees
Expert Fees of Opposition (Federal court)
Trial Preparation and Trial
Witness Fees $
Written Motions and Submissions
Other Trial Preparation and Support
Trial and Hearing Attendance
Post-Trial Motions and Submissions
Enforcement $
Expenses (Itemize) $
TOTAL BUDGETED COST: $
Recommended Damages Reserve
Attachment number 1
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Item # K
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Attachment number 1
Page 12 of 12
Item # K
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action on the Legal Services Subcommittee report -- Dale Ross,
Councilmember District 6
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Dale Ross, Councilmember District 6
Cover Memo
Item # L
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Discussion and possible action to approve recommendations from the Social Service and Youth Program
Funding Subcommittee regarding the Social Service and Youth Program Funding Policy and Guidelines
-- Ben Oliver, Councilmember District 7, Chairof the Council Subcommittee on Social Service and Youth
Funding
ITEM SUMMARY:
The Subcommittee on Social Service and Youth Funding was charged with reviewing current funding policy
in these two areas and bringing to Council our recommendations concerning any changes the Council might
wish to consider.
The attached draft of funding guidelines and funding policy is the result of this endeavor. They are submitted
to you in two forms: a “clean copy” of the final policy statement; and a “red lined” copy that shows the
deletions, additions, and alterations made in the earlier set of policy statements which resulted in the new
policy statement which is here submitted for your consideration.
Our recommendation to you is two-fold:
1) We recommend that the new policy be approved as a replacement for all earlier policy statements in
these two areas;
2) We recommend that upon passage of a new policy statement that this new statement be sent now to all
agencies currently funded so that they can anticipate the application of this policy as they formulate their
own funding strategies.
The new policy statement contains the following significant changes in policy:
1) It brings the two different programs together into a single, integrated form and in the process clarifies
the language and, hopefully, brings more consistency to the various guidelines and criteria.
2) In the Criteria for Support section it focuses social service funding on basic human needs and
emphasizes the provision of a safe and nurturing environment for youth funding.
3) It removes (under Implementation Policies) the previous presumption of continuous funding from year-
to-year for a social service agency funded, and makes explicit the expectation that agencies will pursue other
sources of funding in addition to city funding.
4) It establishes a new measure for the level of city funding in each program that is based on a per-capita
amount rather than (as in the past) a percentage-of-budget amount, and provides guidelines of how to move
from the one policy to the other. The baseline total amount of money available to the two programs is the
amount actually allocated in each program for 2008-2009. Going forward the funding level for each program
will be based on the percentage of the total that each received this year.
5) The new policy statement continues the option of using unused funds from one program to support
funding in the other program.
The subcommittee wishes to publicly thank Shirley Rinn for her assistance and support of our work on this
project.
ATTACHMENTS:
1. Proposed Revisions from Council Subcommittee to Social Services and & Youth Program Funding -
Final Cover Memo
Item # M
2. Proposed Revisions from Council Subcommittee to Social Services and & Youth Program Funding –
Redlined
FINANCIAL IMPACT:
SUBMITTED BY:
Ben Oliver, Councilmember District 7, Chair of the Council Subcommittee on Social Service and Youth
Funding
ATTACHMENTS:
Social Service and Youth Program Funding Policy Revision Recommendations - Final
Social Service and Youth Program Funding Policy Revision Recommendations-Redlined
Cover Memo
Item # M
Social Service and Youth Program Funding Policy and Guidelines Recommendations
Page 1 of 2
PROPOSED REVISIONS FROM COUNCIL SUBCOMMITTEE TO
SOCIAL SERVICES AND & YOUTH PROGRAM FUNDING POLICES AND GUIDELINES
I. CRITERIA FOR SUPPORT – CURRENT STANDARDS:
A. Social Services
Council may consider providing funding to legally qualified non-profit organizations
through a contract for services when such services are:
a. services which accomplish a public purpose and provide a measurable return or
benefit to the community; and
b. services that the City would provide absent the agreement, within the vision of the
City, and that meet basic human needs, including food, shelter, physical health and
personal security.
B. Youth Programs
The Georgetown City Council may consider providing funding to programs for children
and youth who have little or no access to City programs either because of costs or location
through a contract for services to legally qualified non-profit organizations which provide
services that the City is legally authorized to provide, but is not currently providing, when
such services are:
1. offered on a regular basis after school and/or during vacations and breaks;
2. have little or no charge or fees to participating youth and children;; and
3. are open to the public and held at an accessible facility;
The focus of the programs funded by the City shall be for the provision of a safe and
nurturing environment.
II. IMPLEMENTATION POLICIES:
A. Appropriation of funds for social and youth services does not encumber
subsequent councils to continue appropriations for such funding, and does not
imply that subsequent councils may provide such funding. Organizations
receiving social and youth services funds from the city are encouraged to identify
additional and alternative sources of funding.
B. When evaluating applications for social services and youth services funding, the
Council shall consider the portion of funding each organization receives from the
City, with the objective of encouraging reliance on funding sources other than the
City.
Attachment number 1
Page 1 of 2
Item # M
C. 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.
III. POLICY FOR ESTABLISHING FUNDING AMOUNTS
A. Expenditure targets
Until the combined target funding level for social and youth service reaches the
target of five dollars ($5.00) per capita, to offset the effects of general inflation, the
council may consider adjusting funding levels for social and youth services by the
rate of general inflation, as measured by the change in the Consumer Price Index for
Urban Wage Earners and Clerical Workers, (CPI-U), published by the United State
Bureau of Labor Statistics. Because current funding levels exceed this target, and to
avoid significant reductions in existing funding levels, the Council shall seek to
attain this target chiefly through population growth.
The baseline for calculating any increase in social services and youth funding will be
the combined funding amounts (including transfers and additions) for these two
funds in the 2008-2009 budget. The allocation for each of the funds will be the
percentage of each in the combined funding in the 2008-2009 budget. That
percentage is eighty-two percent (82%) for social services and eighteen percent (18%)
for youth funding. The amounts allocated in the 2008-2009 budget based on that
year’s funding formulas were $291,250 and $66,000 respectively.
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 the City Council.
Attachment number 1
Page 2 of 2
Item # M
Social Service and Youth Program Funding Policy and Guidelines Recommendations
Page 1 of 2
PROPOSED REVISIONS FROM COUNCIL SUBCOMMITTEE TO
SOCIAL SERVICES AND & YOUTH PROGRAM FUNDING POLICIES AND GUIDELINES
I. CRITERIA FOR SUPPORT – CURRENT STANDARDS:
A. Social Services
Council may consider providing funding to legally qualified non-profit organizations
through a contract for services when such services are:
a. services which accomplish a public purpose and provide a measurable return or
benefit to the community; and
b. services that the City would provide absent the agreement, within the vision of the
City, and that meet basic human needs, including food, shelter, physical health and
personal security.
B. Youth Programs
The Georgetown City Council may consider providing funding to programs for children
and youth who have little or no access to City programs either because of costs or location
through a contract for services to legally qualified non-profit organizations which provide
services that the City is legally authorized to provide, but is not currently providing, when
such services are:
1. offered on a regular basis after school and/or during vacations and breaks;
2. have little or no charge or fees to participating youth and children;; and
3. are open to the public and held at an accessible facility;
The focus of the programs funded by the City shall be for the provision of a safe and
nurturing environment.
II. IMPLEMENTATION POLICIES:
A. Appropriation of funds for social and youth services does not encumber
subsequent councils to continue appropriations for such funding, and does not
imply that subsequent councils may provide such funding. Organizations
receiving social and youth services funds from the city are encouraged to identify
additional and alternative sources of funding.
B. When evaluating applications for social services and youth services funding, the
Council shall consider the portion of funding each organization receives from the
City, with the objective of encouraging reliance on funding sources other than the
City.
Attachment number 2
Page 1 of 2
Item # M
C. 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.
III. POLICY FOR ESTABLISHING FUNDING AMOUNTS
A. Expenditure targets
Until the combined target funding level for social and youth service reaches the
target of five dollars ($5.00) per capita, to offset the effects of general inflation, the
council may consider adjusting funding levels for social and youth services by the
rate of general inflation, as measured by the change in the Consumer Price Index for
Urban Wage Earners and Clerical Workers, (CPI-U), published by the United State
Bureau of Labor Statistics. Because current funding levels exceed this target, and to
avoid significant reductions in existing funding levels, the Council shall seek to
attain this target chiefly through population growth.
The baseline for calculating any increase in social services and youth funding will be
the combined funding amounts (including transfers and additions) for these two
funds in the 2008-2009 budget. The allocation for each of the funds will be the
percentage of each in the combined funding in the 2008-2009 budget. That
percentage is eighty-two percent (82%) for social services and eighteen percent (18%)
for youth funding. The amounts allocated in the 2008-2009 budget based on that
year’s funding formulas were $291,250 and $66,000 respectively.
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 the City Council.
Attachment number 2
Page 2 of 2
Item # M
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Consideration and possible action to approve a Resolution creating the City Council General Government
and Finance Advisory Subcommittee, and consideration and possible action to appoint members to the
subcommittee -- Mayor George Garver
ITEM SUMMARY:
It is recommended that the City Council authorize a standing committee of three council members to provide
fiscal oversight responsibilities on behalf of the Council.
This committee would be empowered to meet on a quarterly basis or perhaps more frequently if needed with
the Director of Finance and Administration for the City of Georgetown.
The Finance Committee would review all pertinent fiscal reports at the end of each quarter. The Committee
would be authorized to ask any questions about the quarterly reports or to request additional information if
necessary to complete their review.
The committee would not be authorized to speak for the corporate council or to give direction to staff. The
committee would be requested to report to the Council their findings, possible concerns and any
recommendations for consideration / action by the Council.
For the fiscal year 08-09 the chair recommends the following three Council Members for this Finance
Committee:
Chair: Mr. Keith Brainard
Mr. Dale Ross
Ms. Patty Eason
Mr. Bill Sattler
FINANCIAL IMPACT:
SUBMITTED BY:
Mayor George Garver
ATTACHMENTS:
Resolution Creating Finance Advisory Subcommittee
Cover Memo
Item # N
Resolution No. _________________
Page 1 of 2 City Council Finance Advisory Subcommittee
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS CREATING THE “CITY COUNCIL GENERAL GOVERNMENT AND
FINANCE ADVISORY SUBCOMMITTEE”: PROVIDING A CONFLICT CLAUSE
AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Charter grants the City Council the authority to establish boards and
commissions to assist it in carrying out its duties; and
WHEREAS, the City Council desires to establish the City Council General Government and Finance
Advisory Subcommittee to advise and assist the City Council in the performance of its duties; and
WHEREAS, the City Council finds it to be in the best interest of the public to establish the City
Council General Government and Finance Advisory Subcommittee as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution 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 resolution is consistent with the City of
Georgetown 2030 Comprehensive Plan.
SECTION 2: A “City Council General Government and Finance Advisory Subcommittee” is hereby
created in accordance with the following terms and provisions:
1. There is hereby created the City Council General Government and Finance Advisory
Subcommittee, hereinafter referred to as the “Subcommittee.”
2. The Subcommittee shall consist of four (4) members, all of which shall be members of the
City Council.
3. The Subcommittee shall meet monthly, or more frequently on the request of any
Subcommittee member or the Director of Finance and Administration.
4. The term of office for members shall be until September 30, 2008.
5. It is the purpose and intent of the City Council to create a City Council Subcommittee
empowered to review and analyze the general government and finance activities of the City,
to include but not limited to the following areas:
• Finance administration to include debt and treasury management, as well as, City
budget
• Accounting to include financial reporting
• Purchasing
• Municipal Court
• Facilities maintenance, including construction and renovation of City facilities
• Vehicles services
• Information technology
• Compensation and benefits
• City insurance
• And other related items as recommended by the City Manager
Attachment number 1
Page 1 of 2
Item # N
Resolution No. _________________
Page 2 of 2 City Council Finance Advisory Subcommittee
6. The Subcommittee is responsible to and shall act as a study committee and an advisory
body to the City Council. The Subcommittee and its members have no authority to set
policy, expend funds or make obligations on behalf of the City.
7. The City Council shall select a Chair of the Subcommittee, and the Subcommittee shall
select from among its members a Vice Chair and Secretary. The Secretary shall keep a
record of all transactions of the Subcommittee. The City Manager shall assign appropriate
staff to provide the Subcommittee with all information and support assistance, and any
resources as directed by the City Council necessary for the performance of its duties.
8. The Subcommittee shall comply with the provisions of the Texas Open Meetings Act.
9. This resolution and the term of the Subcommittee shall expire on October 1, 2009, unless
the City Council extends the term by resolution or ordinance.
SECTION 3. This resolution shall be and is hereby declared to be cumulative of all other
resolutions of the City of Georgetown, and this resolution shall not operate to repeal or affect any of such
other resolutions, except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this resolution, in which event such conflicting provisions, if any in such other resolutions are
hereby superseded.
SECTION 4. If any provision of this resolution 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
resolution which can be given effect without the invalid provision or application, and to this end the provisions
of this resolution are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest.
This resolution shall become effective upon its adoption.
PASSED AND APPROVED on the _____ day of __________, 2009.
ATTEST: CITY OF GEORGETOWN, TEXAS
______________________________ By: _____________________________
Jessica Hamilton, Assistant City Secretary George G. Garver, Mayor
APPROVED AS TO FORM:
___________________________________
Patricia E. Carls
City Attorney
Attachment number 1
Page 2 of 2
Item # N
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Reading of an Ordinance amending the City Code relating To “Authority of City Manager to
Contract;” adding new section relating to change orders; and adding new section relating to delegation of
purchasing authority by City Manager -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of
Finance and Administration
ITEM SUMMARY:
This ordinance amends Chapter 4.08, Section 4.08.010 of the City of Georgetown Chapter Municipal Code
relating to “Authority of City Manager to Contract; adds new section 4.08.011 relating to change orders;
adds new Section 4.08.012 relating to delegation of purchasing authority by City Manager.
In Section 6.11 of the City of Georgetown Home Rule Charter, the City Manager is authorized to contract for
items approved in the budget that are within State competitive bidding laws limits. All contracts and
expenditures are to be in compliance with City’s Annual Budget and the City’s Fiscal and Budgetary
Policy. This ordinance updates and clarifies Section 4.08.010 to be in compliance with Section 6.11.
Recent legislative changes require that the City Council formally authorizes the City Manager, or his
designee, to determine whether a method of procurement other than competitive sealed bidding is
utilized. This is a formal clean-up of existing purchasing references within the City’s codes as stated in the
Fiscal and Budgetary policy.
This ordinance also clarifies and updates the purchasing process for change orders to be in compliance with
Local Government Code 252.048.
FINANCIAL IMPACT:
SUBMITTED BY:
Micki Rundell
ATTACHMENTS:
Ordinance
Cover Memo
Item # O
Council Meeting Date: 1/27/09 or Council Workshop Date:
Regular Agenda X Consent Executive Session Attachments
Ordinance Publication Date: Draft Ordinance to City Secretary:
AGENDA ITEM COVER SHEET
SUBJECT:
Second Reading....... Ordinance amending the City Code relating To “Authority of City Manager to Contract;”
adding new section relating to change orders; and adding new section relating to delegation of purchasing
authority by City Manager. Marsha Iwers, Purchasing Manager,Micki Rundell, Director of Finance and
Administration
ITEM SUMMARY/SPECIAL CONSIDERATIONS:
This ordinance amends Chapter 4.08, Section 4.08.010 of the City of Georgetown Chapter Municipal Code relating
to “Authority of City Manager to Contract; adds new section 4.08.011 relating to change orders; adds new Section
4.08.012 relating to delegation of purchasing authority by City Manager.
In Section 6.11 of the City of Georgetown Home Rule Charter, the City Manager is authorized to contract for items
approved in the budget that are within State competitive bidding laws limits. All contracts and expenditures are to
be in compliance with City’s Annual Budget and the City’s Fiscal and Budgetary Policy. This ordinance updates
and clarifies Section 4.08.010 to be in compliance with Section 6.11.
Recent legislative changes require that the City Council formally authorizes the City Manager, or his designee, to
determine whether a method of procurement other than competitive sealed bidding is utilized. This is a formal
clean-up of existing purchasing references within the City’s codes as stated in the Fiscal and Budgetary policy.
This ordinance also clarifies and updates the purchasing process for change orders to be in compliance with Local
Government Code 252.048.
FINANCIAL IMPACT:
COMMENTS:
ATTACHMENTS:
Please e-mail attachments, along with Agenda Item Cover Sheet to Trish Long. If the attachment is not ready, e-mail Agenda Item Cover
Sheet and notate that the attachments will be sent later.
Must be published 72 hours before meeting; deadline to WC
Sun is 11:00 Monday
Draft ordinance must be given to City Secretary one week before
Council meeting
Attachment number 1
Page 1 of 1
Item # O
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget) due to
conditions that resulted in year end budget variances; appropriating the various amounts thereof; and
repealing all ordinances or parts of ordinances in conflict therewith -- Leticia Zavala, Controller and Micki
Rundell, Director of Finance
ITEM SUMMARY:
The items included in this budget amendment for revenue related costs, capital roll-forwards and purchases
that were unforeseen during the 2008 budget process. This amendment is required for compliance issues
related to the year end 07/08 audit. Net timing of projects in the general capital project fund for the purchase
of the Albertson’s Building were funded in the 07/08 budget with bond proceeds expected to be issued in
May 2009. The Library special revenue fund received donations in excess of budget for needed technology at
the Library. The City received FEMA grant and insurance revenue for costs associated with the 2007 flood.
The police evidence storage building expense was rolled forward to 07/08 in the Facilities Fund. Fuel costs
in the Airport Fund were greater than budgeted due to the increase in fuel sales. Contract expenses, along
with cleanup costs at the landfill, were greater than budget, therefore, a year end budget amendment is
required. All of the above were not known at the time the 2007/08 budget was adopted, or when any other
2007/08 budget amendment was presented to Council. This budget amendment addresses the legal and
financial appropriation needed to accommodate these changes:
General Capital Project Fund $ 3,900,000
-Albertson’s Building purchase
Special Revenue Fund $ 248,000
-Library SRF – funding of technology (offset by increase donations) - $48,000
-FEMA SRF – funding expenses related to 2007 Flood -
$200,000
Facility Fund $ 28,000
-Police Evidence Storage building roll forward
Airport Fund $ 515,000
-Fuel costs - offset by increased revenue
Sanitation Fund $ 175,000
-Contract expense - $120,000
-Additional landfill cleanup - $55,000
General Fund $ 175,000
-Transfer out to Sanitation Fund for year end variances & fund consolidation
SPECIAL CONSIDERATIONS
The City Charter requires that a majority plus one must approve an amendment to the approved budget. The
City charter allows for budget amendments in emergency situations and when the issues and needs were
unknown at the time the budget was adopted.
FINANCIAL IMPACT:
The net increase in total budgeted expenditures for 2007/08 for the City of Georgetown is $5,041,000. The
increase is funded through increased revenues, donations, grants, and fund balance. Consolidation of the
Sanitation Fund with the General Fund in 2008/09 requires a transfer to offset year end variances.
SUBMITTED BY:
Micki Rundell
Cover Memo
Item # P
ATTACHMENTS:
Proposed Ordinance
Exhibit
Cover Memo
Item # P
Budget Amendment No. 3
Page 1 of 3
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.1103.1.08YEBAFINAL-Ordinance.doc
ORDINANCE NO. __________________
AN ORDINANCE AMENDING THE 2007/08 ANNUAL OPERATING PLAN
ELEMENT (BUDGET) DUE TO CONDITIONS THAT RESULTED IN YEAR END
BUDGET VARIANCES; APPROPRIATING THE VARIOUS AMOUNTS
THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, the City purchased a building in September 2008 that will be funded with
bond proceeds issued in May 2009; and
WHEREAS increased fuel sales have resulted in greater costs in the Airport Fund; and
WHEREAS, the City received greater than expected revenue in the Library Special
Revenue Fund to be used to fund technology purchases; and
WHEREAS, the City received grant and insurance revenue in the FEMA Special
Revenue Fund to be used for expenses associated with the 2007 flood; and
WHEREAS, increased contract costs along with additional landfill cleanup costs have
resulted in greater costs in the Sanitation Fund; and
WHEREAS, existing fund balance is proposed to be used for the timing of facility
improvements; and
WHEREAS, these circumstances have resulted in higher than anticipated expenses; and
WHEREAS, the changes were unknown and unforeseeable at the time the fiscal year
2007/08 budget was approved; and
WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council
majority plus one in emergency situations;
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.
The amendment to the 2007/08 Annual Operating Plan Element (Budget) of the revenues of the
City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and
approved as an addition to the previously approved budget of the current revenues and expenses
as well as fixed charges against said City for the fiscal year beginning October 1, 2007, and ending
September 30, 2008. A copy of the amendment is attached hereto as Exhibit “A”, and incorporated
by reference herein.
Attachment number 1
Page 1 of 2
Item # P
Budget Amendment No. 3
Page 2 of 3
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.1103.1.08YEBAFINAL-Ordinance.doc
SECTION 3.
The total of $5,041,000 is hereby appropriated for payments of expenditures and payments of
the funds and included in the Exhibit “A”.
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. This ordinance complies
with the vision statement of the Georgetown 2030 Plan.
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 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 13th day of January, 2009.
PASSED AND APPROVED on Second Reading on the 27th day of January, 2009.
ATTEST: THE CITY OF GEORGETOWN:
______________________ ______________________
Jessica Hamilton By: George Garver
City Secretary Mayor
APPROVED AS TO FORM:
______________________
Patricia T. Carls, Carls, McDonald and Dalrymple, LLP.
City Attorney
Attachment number 1
Page 2 of 2
Item # P
C:\Program Files\Neevia.Com\Document Converter\temp\[PDFConvert.1104.1.08YEBAFINAL-Exhibit.xls]A
General Capital Projects Fund
Revenues/Sources:
Bond Proceeds to be issued in May 2009 $ (3,900,000)
Expenditures
Albertson's Building Purchase (net)3,900,000
Excess revenue over expenses $0
Library Special Revenue Fund
Revenues/Sources:
Donations $ (48,000)
Expenditures
Library expenses 48,000
Excess revenue over expenses $0
FEMA Special Revenue Fund
Revenues/Sources:
Revenue $ (200,000)
Expenditures
Flood 2007 expenses 200,000
Excess revenue over expenses $0
Facility Fund
Revenues/Sources:
Fund Balance $ (28,000)
Expenditures
Police Evidence Storage Building 28,000
Excess revenue over expenses $0
Airport Fund
Revenues/Sources:
Fuel Revenue $ (515,000)
Expenditures
Fuel Expense 515,000
Excess revenue over expenses $0
Sanitation Fund
Revenues/Sources:
Transfer in - General Fund $ (175,000)
Expenditures
Contract expense 120,000
Landfill cleanup 55,000
Excess revenue over expenses $0
General Fund
Revenues/Sources:
Fund Balance $ (175,000)
Expenditures
Transfer out - Sanitation 175,000
Excess revenue over expenses $0
EXHIBIT A
Annual Operating Plan Element (Budget) Amendment
Attachment number 2
Page 1 of 1
Item # P
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Reading of an Ordinance on a Rezoning from AG, Agriculture to C-1, Local Commercial for
2.7678 acres and AG, Agriculture to OF, Office for 1.6402 acres in the Flores Survey, to be known as M-S
Subdivision, Phases 1 and 2, located at the southwest corner of CR 151 and Inner Loop -- Tommy Garcia,
Planner II and Elizabeth Cook, Director of Planning and Development
ITEM SUMMARY:
See attachements for Staff Report and Exhibits
FINANCIAL IMPACT:
None
SUBMITTED BY:
Robbie Wyler, Historic Planner
ATTACHMENTS:
Staff Report
Ordinance
Exhibits
Cover Memo
Item # Q
Attachment number 1
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Attachment number 2
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Item # Q
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Readingof an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial
District for 7.94 acres in the San Gabriel Estates, Lots 7 and 8, to be known as Esperanza, located on
Williams Drive -- Jordan Maddox, AICP, Planner III and Elizabeth Cook, Director of Planning and
Development
ITEM SUMMARY:
Rezoning to C-1 for medical offices/retail on Williams Drive.
See attached staff report for additional detail.
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
Jordan Maddox, AICP, Planner III and Elizabeth Cook, Director of Planning and Development
ATTACHMENTS:
Field Notes - Exhibit B
Location - Exhibit A
Ordinance
Staff Report
Cover Memo
Item # R
Esperanza
AG to C-1 Zoning
Project Manager: Jordan Maddox
Page 1 of 4
Agenda Item Staff Report
Subject: Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1,
Local Commercial District for 7.94 acres in the San Gabriel Estates, Lots 7 and 8, to be known as
Esperanza, located on Williams Drive.
Applicant’s Request:
The application is for a rezoning to C-1, Local Commercial District, from AG, Agriculture District in
order to build a mix of professional offices on a 7.9-acre site on Williams Drive. The owner is Steve
Richmond, the agent is Mark Baker from SEC Planning and the proposed project will be known as
Esperanza. The applicant has requested certain conditions be attached to the zoning in order to
accommodate the desired site plan and resubdivision, which include overall impervious cover,
design standards applied to the entire site, shared parking and regional detention. These conditions
will be addressed later in the report and will be included as part of the zoning ordinance.
Location:
The 7.9-acre site is located on Williams Drive, near the intersection of Wagon Wheel Trail. The site
is currently situated between a fence business and a former plant nursery and is located across
Williams Drive from various office and retail businesses. The southeast corner of the site is across
from a three-way intersection of Williams Drive and Wagon Wheel Trail. The site drains to the
southeast corner of the site, where a future detention pond is likely. Numerous trees of various
sizes are located on the property and there are no existing structures. The surrounding zoning,
existing uses and future land uses include:
Location Zoning Future Land Use Existing Land Use
North C-3, General Commercial
and AG, Agriculture
Mixed Use
Neighborhood Center Office/Commercial
South AG MU-NC and Moderate
Density Residential Rural Residential
East C-3 and AG MU-NC Commercial
West AG MDR Rural Residential
History:
The 7.9-acre site was annexed as part of the City’s 2006 Annexation Process and was subsequently
given the default zoning of AG, Agriculture. It was originally subdivided as a portion of the San
Gabriel Estates, Lots 7 and 8, in 1962.
Attachment number 1
Page 1 of 4
Item # R
Esperanza
AG to C-1 Zoning
Project Manager: Jordan Maddox
Page 2 of 4
Submittal Consideration:
The plan for the property is to have retail/office development that is similar in size and scale with
the adjacent uses along Williams Drive and the surrounding rural residences. The site has several
significant stands of trees and Heritage Trees that the applicant has incorporated into the design of
the project. The intent of the applicant is to master-plan the site for offices with potential retail. The
Site Plan, which has not yet been submitted to the City, will likely be phased to allow for
construction at various stages of the development. This site will also be subdivided again in the
future so the developer can sell outparcels for retail or restaurant use along the frontage of Williams
Drive.
The applicant’s intent is to have an approved Site Plan that will govern the entire site in order to
convey the feeling of a master site plan. This would likely result in a phasing of the Site Plan that
will accommodate the various buildings, timing of construction and expectations for each lot. The
site will be designed for shared detention and drainage, preservation of native trees and vegetation,
an alternative parking plan, an overall landscape and tree plan, shared access and common open
space. Design standards as required in C-1, including the build-to line, would be achieved for the
total linear frontage of the site, even if the two front lots will be separated by subdivision. This may
require one building to have a greater, if not the entire, share of the build-to requirement.
As requested in the application letter, there are a few items they wished to address in the zoning so
it is clear in the future what expectations and standards shall apply to this project. Staff has
determined that although most of the applicant’s requests can be handled administratively at the
Site Plan and Site Construction Plan stage, the applicability of the “build-to” requirement should be
addressed in the zoning phase. The Planning Director has the authority to exempt the build-to and
other provisions if the preservation of Heritage Trees conflicts with the provision and that scenario
could present itself in this project; however, the applicant has asked that staff look at this during the
zoning stage and condition the ordinance to address the front setback comprehensively instead of
for each individual lot. That language will be included in the language of the ordinance, the site
plan and future plat, where applicable.
Note: Approval of this C-1 zoning will allow all of the proposed uses of this project; however, the
current or a future developer may choose to develop any allowable C-1 uses beyond the particular
project described in this report. Examples of other allowed uses within this district include multi-
family, nursing homes, daycare, and other personal service uses.
2030 Plan:
Staff has analyzed the proposed project and taken under consideration the 2030 Future Land Use
Plan, current and future utility plan capacity, current and planned transportation facilities (below).
The site is included in the Mixed-Use Neighborhood Center Corridor on the 2030 Future Land Use
Attachment number 1
Page 2 of 4
Item # R
Esperanza
AG to C-1 Zoning
Project Manager: Jordan Maddox
Page 3 of 4
Map. This category anticipates smaller-scale office, retail, commercial and high density residential
located near residential neighborhoods that would provide local goods and services. Williams
Drive has traditionally provided these types of services and the Land Use Plan anticipates that this
will continue, with more mixed-use developments likely in the future. This land use category
allows landowners and applicants the flexibility to adapt to the market by providing a wide range
of local services and a balanced mix of uses. The zoning of C-1, Local Commercial, is consistent
with the Future Land Use designation of Mixed-Use Neighborhood Center and meets Goals 1, 3 and
4 of the 2030 Land Use Element’s Goals, Policies and Actions.
Utilities:
Wastewater, water and electric will be served by the City of Georgetown. The applicant is
addressing the extension of utilities to the site. The capacity of each system can handle the
proposed needs of the site with some infrastructure improvements. The water and wastewater
modeling completed by the City, which is based on the Future Land Use Plan, accommodates the
proposed plan for the site. The project is located within Tier 1 of the City’s Growth Tier plan, which
means the site is within the City’s highest priority growth area.
Transportation:
The site has a single, direct access to Williams Drive, a Major Arterial in the Overall Transportation
Plan, and it will also have interconnectivity with adjacent private driveways. Depending on the
ultimate density of the site, this project may require a Traffic Impact Analysis (TIA) if there are
greater than 2000 trips per day to and from the site. This TIA, if required, will determine if there are
on-site or off-site traffic improvements necessary in order to safely and efficiently accommodate the
local traffic and its effect on regional traffic on Williams and the surrounding road network.
Future Application(s):
In order to proceed on this site, it will be necessary to obtain approval from the City on a Site Plan,
which is administratively approved. A resubdivision of Lot 7 and Lot 8 of the existing San Gabriel
Estates subdivision may be required and a TIA may be necessary, depending the conditions stated
above.
Staff Recommendation:
Staff supports the rezoning change from AG to C-1 with conditions (described below), based on the
accessibility to Williams Drive, the design compatibility with the area, and the consistency with the
2030 Future Land Use Plan.
Basis of Support:
Sections 3.06.030 of the UDC identify the Approval Criteria and Specific Objectives required for the
establishment of a C-1 District. Pursuant to these Sections, the following outlines the basis for staff’s
Attachment number 1
Page 3 of 4
Item # R
Esperanza
AG to C-1 Zoning
Project Manager: Jordan Maddox
Page 4 of 4
support of the proposed district.
• The application and submitted materials are complete and are in compliance with the
Section 3.06.030 Approval Criteria (Rezoning) in the UDC.
The rezoning meets the following Goals and Policies of the 2030 Land Use Plan:
Goal 1: Promote sound, sustainable, and compact dev elopment patterns with balanced
land uses, a variety of housing choices and well-integrated transportation, public
facilities, and open space amenities.
Goal 3: Provide a development framework for the fringe that guides sound, sustainable
patterns of land use, limits sprawl, protects community character, demonstrates
sound stewardship of the environment, and provides for efficient provision of
public services and facilities as the city expands.
Goal 4: Maintain and strengthen viable land uses an d land use patterns (e.g., stable
neighborhoods, economically sound commercial and employment areas, etc.).
Public Comments: There have been no public comments received.
Special Considerations: Recommendation for approval of this zoning item is conditional on the
following: The build-to provision of the C-1 District will be met by calculating building frontage
over the entirety of this site (as described in the Field Notes). In the event of future subdivision of
any lots fronting Williams Drive, calculations on the build-to design requirement will be made
relative to the overall 7.9-acre site as described and not on an individual lot basis. These conditions
are requested on behalf of the applicant in the application letter.
Planning and Zoning Commission: At their December 9, 2008 meeting, the Commission
unanimously recommended approval of the rezoning request from AG to C-1 for the Esperanza
development. The Commission discussed the conditions of the zoning and expressed concern
regarding the implementation of those conditions as the development unfolded. Staff assured the
commissioners that the appropriate procedures would be put in place to properly assign and
enforce the conditions of the ordinance.
City Council: After the required public hearing, Council unanimously approved the Esperanza
rezoning on First Reading at the January 13, 2009 regular Council meeting.
Recommended Motion: Conduct Second Reading of an ordinance for a Rezoning from AG,
Agriculture District to C-1, Local Commercial District for 7.94 acres in the San Gabriel Estates, Lots 7
and 8, to be known as Esperanza, the approval being conditional on the above special
considerations.
Attachment number 1
Page 4 of 4
Item # R
Esperanza
AG to C-1 Zoning
Page 1 of 3
ORDINANCE NO. ____________
An Ordinance of the City Council of the City of Georgetown, Texas, amending
part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance
with the Unified Development Code passed and adopted on the 11th Day of March
2003, to rezone 7.94 acres in the San Gabriel Estates, Lots 7 and 8, from AG,
Agriculture District to C-1, Local Commercial District, as recorded in Cabinet A,
Slides 365-367 in the Official Public Records of Williamson County, Texas;
repealing conflicting ordinances and resolutions; including a severability clause;
and establishing an effective date.
Whereas, an application has been made to the City Council for the Purpose of changing
the Zoning District Classification of the following described real property ("The Property"):
7.94 acres in the San Gabriel Estates, Lots 7 and 8, recorded in Cabinet A, Slides
365-367 of the Official Public Records of Williamson County, Texas, hereinafter
referred to as "The Property";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to
the Planning and Zoning Commission for its consideration at 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, written notice was given not less than fifteen (15) days before the date set for
the meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than
fifteen (15) days before the date set for such hearing; and
Whereas, the City Planning and Zoning Commission in a meeting held on December 9,
2008, recommended approval of the requested zoning change for the above described
property from AG, Agriculture District to C-1, Local Commercial District.
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 the following vision of the Georgetown 2030 Comprehensive Plan,
Attachment number 2
Page 1 of 3
Item # R
Esperanza
AG to C-1 Zoning
Page 2 of 3
specifically the following goals, policies and actions of the Land Use Element:
• Goal 1: Promote sound, sustainable, and compact development patterns with balanced
land uses, a variety of housing choices and well-integrated transportation, public
facilities, and open space amenities.
• Goal 4: Maintain and strengthen viable land uses and land use patterns (e.g., stable
neighborhoods, economically sound commercial and employment areas, etc.).
and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any
other policies of the Georgetown 2030 Comprehensive Plan.
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from AG, Agriculture District
to C-1, General Commercial District in accordance with Exhibit A (Location Map) and Exhibit B
(Field Notes) and incorporated herein by reference, is hereby adopted by the City Council of the
City of Georgetown, Texas, subject to the following condition:
a. In the event of subdivision into two or more lots fronting Williams Drive, the “build-
to” provision of the C-1 Zoning District may be applied to the entire linear road
frontage of the Property and not on an individual lot basis.
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 on the date of
final adoption by City Council.
PASSED AND APPROVED on First Reading on the 13th day of January, 2009.
PASSED AND APPROVED on Second Reading on the 27th day of January, 2009.
ATTEST: THE CITY OF GEORGETOWN:
______________________ _________________________
Jessica Hamilton By: George Garver
Assistant City Secretary Mayor
Attachment number 2
Page 2 of 3
Item # R
Esperanza
AG to C-1 Zoning
Page 3 of 3
APPROVED AS TO FORM:
______________________
Patricia E. Carls
City Attorney
Attachment number 2
Page 3 of 3
Item # R
Attachment number 3
Page 1 of 1
Item # R
Exhibit B
FIELD NOTES
Legal Description:
Lot 7, SAVE AND EXCEPT a portion of Lot 7, conveyed to the State of Texas by deed
recorded in Volume 1617, Page 420, Official Records, Williamson County, Texas, and Lot
8, SAVE AND EXCEPT a portion of Lot 8 conveyed to the State of Texas by deed
recorded in Volume 1617, Page 416, Official Records, Williamson County, Texas of SAN
GABRIEL ESTATES, a subdivision in Williamson County, TEXAS, according to the map or
plat thereof recorded in Cabinet A, Slide 365-367, Plat Records, Williamson County,
Texas.
Metes and Bounds for Lots 7 and 8, San Gabriel Estates, Williamson County, Texas
Beginning at the North East corner of Lot 8, San Gabriel Estates located in the Western
Right-of-way of FM 2338 Bear South 36 degrees 55’ 41” East 249.98’ to a shared corner
between lots 7 and 8 San Gabriel Estates thence bear South 36 degrees 55’ 41” East
249.98’ to the South East corner of lot 7, thence bear South 53 degrees 00’ 41” West
636.42’ to the South West corner of lot 7, thence bear North 49 degrees 08’ 42” 256.24’
to a shared corner between lots 7 and 8, thence bear North 49 degrees 08’ 42” 256.28
feet to the North West corner of lot 8, thence bear North 53 degrees 05’ 38” 744.87’ to
the point of beginning. All in all encompassing 7.9408 acres.
Attachment number 4
Page 1 of 1
Item # R
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Reading of an Ordinance to rename a portion of West State Highway 29 to West University
Avenue, and a portion of East State Highway 29 to East University Avenue, and a portion of County Road
110 to Southwestern Boulevard, and County Road 116 to Rabbit Hill Road in recently annexed areas --
Edward G. Polasek, AICP, Principal Planner, and Elizabeth Cook, Director, Planning and Development.
ITEM SUMMARY:
STAFF RECOMMENDATION: Approval of the Ordinance renaming a portion of West Sate Highway 29
to West University Ave and a portion of East State Highway 29 to East University Avenue and a portion
County Road 110 to Southwestern Blvd, and County Road 116 to Rabbit Hill Rd.
FINANCIAL IMPACT:
SUBMITTED BY:
Edward G. Polasek, AICP
ATTACHMENTS:
Cover Sheet
Ordinance
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Cover Memo
Item # S
Council meeting: January 27, 2009 Item No. __________
AGENDA ITEM COVER SHEET
SUBJECT: Second reading of an ordinance to rename a portion of West State Highway 29 to West
University Avenue, and a portion of East State Highway 29 to East University Avenue, and a portion of
County Road 110 to Southwestern Boulevard, and County Road 116 to Rabbit Hill Road in recently
annexed areas
ITEM SUMMARY: With the annexations completed in December 2008, four areas of State and County
ROW came under the City’s jurisdiction; West State Highway 29, from Wood Ct westward 8,600 feet,
East State Highway 29, from Reinhardt Blvd to CR 104, CR110 from Raintree Dr to SE Inner Loop, and
CR 116 from Blue Springs Blvd to Westinghouse Rd.
Annexations and potential development are affecting all of the roadways presented in this renaming
ordinance. While not all of the adjacent properties are currently within the city limits, any address that
could be affected by the change falls on a road that has been annexed by the City (i.e. the bordering
property with frontage on State Highway 29, CR 110, and CR 116). After discussing the issue with
Williamson County 911, it was decided that changing the street name now would be more beneficial in
the long run. We are trying to avoid having to issue some addresses that utilize the name as recognized
by the County and State and some addresses that utilize the naming convention recognized by the City
of Georgetown.
The City of Georgetown Street Naming Ordinance requires the uniform naming of continuous streets in
the City for 911 response purposes. By renaming all of these roads, the City will continue the street name
currently in use in the city limits.
FINANCIAL IMPACT: Approximately 30 addresses will need to be changed. This will only require that
the City’s Address Coordinator notify each of the property owners of their new address.
ATTACHMENTS: Ordinance with exhibits.
STAFF RECOMMENDATION: Approval of the Ordinance renaming a portion of West Sate Highway 29
to West University Ave and a portion of East State Highway 29 to East University Avenue and a portion
County Road 110 to Southwestern Blvd, and County Road 116 to Rabbit Hill Rd.
Submitted by:
______________________________________ _____________________________________
Elizabeth Cook, Edward G. Polasek, AICP
Director, Planning and Development Principal Planner
Attachment number 1
Page 1 of 1
Item # S
Ordinance No. _______________ Page 1 of 2
Changes to Street Names
ORDINANCE NO. ____________
An Ordinance of the City Council of the City of Georgetown, Texas, renaming a
portion of West State Highway 29 to “West University Ave”; renaming a portion of
East State Highway 29 to “East University Ave”; renaming a portion of County Road
110 to “Southwestern Blvd”; renaming County Road 116 to “Rabbit Hill Rd”
repealing conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, on January 24, 2006, the City adopted an ordinance establishing a uniform
addressing and street naming policy for the City; and
Whereas, due to annexation of areas that include portions of West State Highway 29 Right of
Way, the continued use of the name “West State Highway 29” on the newly annexed portion is
inconsistent with the City’s street naming policy;
Whereas, due to annexation of areas that include portions of East State Highway 29 Right of
Way, the continued use of the name “East State Highway 29” on the newly annexed portion is
inconsistent with the City’s street naming policy;
Whereas, due to annexation of areas that include portions of CR 110 Right of Way, the
continued use of the name “CR 110” on the newly annexed portion is inconsistent with the City’s
street naming policy;
Whereas, due to annexation of areas that include portions of CR 116 Right of Way, the
continued use of the name “CR 116” on the newly annexed portion is inconsistent with the City’s
street naming policy;
Whereas, the City Council of the City of Georgetown finds that it is in the public’s best
interest to resolve these inconsistencies by assigning names to the subject streets in a manner
consistent with the City’s street naming policy.
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 the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan:
Goal 3: Provide a development framework for the fringe that guides sound, sustainable patterns of
land use, limits sprawl, protects community character, demonstrates sound stewardship of the
environment, and provides for efficient provision of public services and facilities as the city
expands.
Attachment number 2
Page 1 of 3
Item # S
Ordinance No. _______________ Page 2 of 2
Changes to Street Names
and further finds that the enactment of this ordinance is not inconsistent or in conflict with
any other 2030 Comprehensive Plan Vision Statements, Goals and Policies..
Section 2. The City Council of the City of Georgetown hereby:
a. Rename the portion of “West State Highway 29” to “West University Avenue” from the
former Georgetown City Limits and continuing for approximately 8,600 feet. Beginning at
the 1600 Block and continuing until the 2900 Block
b. Rename the portion of “East State Highway 29” to “East University Avenue” from the
former Georgetown City Limits to the intersection County Road 104. Beginning at the 3100
Block and continuing to the 4600 Block
c. Rename a portion of “County Road 110” to “Southwestern Boulevard” from the former
Georgetown City Limits to the intersection of SE Inner Loop. Beginning at the 2100 Block
and continuing through the 2500 Block
d. Rename “County Road 116” in its entirety to “Rabbit Hill Road”.
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 accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 13th day of January, 2009
PASSED AND APPROVED on Second Reading on the 27th day of January, 2009.
ATTEST: THE CITY OF GEORGETOWN:
____________________________ By:_____________________________
Jessica Hamilton, Assistant City Secretary George Garver, Mayor
APPROVED AS TO FORM:
_______________________________
Attachment number 2
Page 2 of 3
Item # S
Ordinance No. _______________ Page 3 of 2
Changes to Street Names
Patricia E. Carls
City Attorney
Attachment number 2
Page 3 of 3
Item # S
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Item # S
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Second Reading of an Ordinance Amending Section 6.50.040(A) (12) of the Code of Ordinances Pertaining
to the Regulation of Itinerant Merchants -- Paul E. Brandenburg, City Manager
ITEM SUMMARY:
The City Council passed Ordinance 2005-13 regarding the regulation of Itinerant Merchants on February 22,
2005. Pursuant to the terms of that ordinance, there was a sunset provision that would allow itinerant
merchants to operate on the properties such as the property located at the corner of Williams Drive and IH-35
with the owner’s permission for a period of two years after the effective date of Ordinance 2005-13. The
sunset provision was thereafter extended by Ordinances 2008-36 and 2008-41. The current sunset provision
expired on December 31, 2008.
The attached ordinance provides for an extension of the sunset provision until February 28, 2009. On March
1, 2009 and thereafter it would then become unlawful for any “Itinerant Merchant to sell or attempt to sell
any commodity “within any areas other than those designated as C-3 (General Commercial); or IN
(Industrial).”
This Ordinance was passed on First Reading on January 13, 2009.
ATTACHMENTS
1. Proposed Ordinance
FINANCIAL IMPACT:
SUBMITTED BY:
Paul E. Brandenburg
ATTACHMENTS:
Itinerant Merchant Ordinance - 2nd Reading
Cover Memo
Item # T
Ordinance No. ______________
Itinerant Merchants –Amendment of Ordinance 2008-41
Page 1 of 3
ORDINANCE NO. ___________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING SECTION 6.50.040(A)(12) OF
THE CODE OF ORDINANCES PERTAINING TO THE REGULATION
OF “ITINERANT MERCHANTS” IN CERTAIN ZONING DISTRICTS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2007-36 was adopted by the City Council on June 12, 2007
with the intent for it to be unlawful for any Itinerant Merchant to sell or attempt to sell
any Commodity within any areas other than those designated as C-1 (Local
Commercial); C-2 (Downtown Commercial); C-3 (General Commercial; or IN
(Industrial) before May 31, 2008, and thereafter within any areas other than those
designated as C-3 (General Commercial); or IN (Industrial) on the Official Zoning Map
for the City of Georgetown, as the same may be amended from time to time;
WHEREAS, the City of Georgetown City Council approved Ordinance 2008-41
extending the deadline date in the sunset provision provided in Section 6.50.040(A) (12)
(a) of Ordinance 2007-36 to allow Itinerant Merchants to sell or attempt to sell any
Commodity within any areas other than those designated as C-1 (Local Commercial); C-
2 (Downtown Commercial); C-3 (General Commercial; or IN (Industrial); and
WHEREAS, the designation for C-2 (Downtown Commercial) is now referred to as MU-
DT (Mixed Use-Downtown) in the Unified Development Code and on the Official
Zoning Map for the City of Georgetown; and
WHEREAS, the City of Georgetown City Council finds that it is necessary and
appropriate to extend the deadline date in the sunset provision provided in Section
6.50.040(A) (12) (a) of Ordinance 2008-41 to allow Itinerant Merchants to sell or attempt to
sell any Commodity within any areas other than those designated as C-1 (Local
Commercial); MU-DT (Mixed Use-Downtown); C-3 (General Commercial; or IN
(Industrial); and
WHEREAS, the City of Georgetown City Council finds that it is necessary and
appropriate to adopt this ordinance amending Ordinance No. 2008-41.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Attachment number 1
Page 1 of 3
Item # T
Ordinance No. ______________
Itinerant Merchants –Amendment of Ordinance 2008-41
Page 2 of 3
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 thereof, as if copied verbatim.
SECTION 2: Section 6.50.040(A) (12) of the Code of Ordinances is hereby amended to
provide as follows:
Sec. 6.50.040. Locational and other Regulations and Restrictions.
A. The following rules and regulations shall be complied with by each Itinerant
Merchant. It shall be unlawful for any Itinerant Merchant to sell or attempt to sell any
Commodity:
(1) - (11) – no change.
(12) (a) For the period until February 28, 2009: within any areas other
than those designated as C-1 (Local Commercial); MU-DT (Mixed Use-
Downtown); C-3 (General Commercial; or IN (Industrial) on the Official
Zoning Map for the City of Georgetown, as the same may be amended from
time to time.
(b) For the period beginning March 1, 2009 and thereafter: Within
any areas other than those designated as C-3 (General Commercial); or IN
(Industrial) on the Official Zoning Map for the City of Georgetown, as the same
may be amended from time to time.
(13) – (14) – no change.
SECTION 3: This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Georgetown, and this ordinance shall not operate to
repeal or affect any of such other ordinances, except insofar as the provisions thereof
might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any in such other ordinance or ordinances are hereby
superseded.
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
Page 2 of 3
Item # T
Ordinance No. ______________
Itinerant Merchants –Amendment of Ordinance 2008-41
Page 3 of 3
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 accordance with the provisions of the Charter of the City of Georgetown.
PASSED and APPROVED on First Reading on the 13th day of January, 2009.
PASSED and ADOPTED on Second Reading on the_______ day of January, 2009.
CITY OF GEORGETOWN, TEXAS
By: ___________________________
George G. Garver, Mayor
ATTEST:
______________ ________________
Jessica Hamilton, Deputy City Secretary
APPROVED AS TO FORM:
______________________________
Patricia E. Carls, City Attorney
Attachment number 1
Page 3 of 3
Item # T
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Public Hearing and possible action on the Parks and Recreation Element of the 2030 Comprehensive Plan
-- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services
ITEM SUMMARY:
In July 2007, the City of Georgetown Parks and Recreation Department began working with Halff Associates
to update the Parks and Recreation Master Plan. The process involved documenting the existing parks and
recreation inventory, gathering citizen input, developing a need’s assessment and providing
recommendations.
Citizen input was derived through a variety of ways during the process to formulate the master plan. This
community input was the basis for developing the needs and priorities in the master plan. There was a citizen
telephone survey, an online survey, a student survey, and a community input public meeting.
The Parks and Recreation Advisory Board unanimously approved the draft Parks, Recreation and Trails
Master Plan and the Trails and Greenways Master Plan at their December 9, 2008, meeting. The first public
hearing on thedraft master plan was held at the January 8, 2009, Parks and Recreation Advisory Board
Meeting. The only public comment received at these meetings was a comment from Gary Pyle regarding the
parkland that is currently being used as a community garden. He would like to see a statement in the master
plan that states gardening will continue at this site as long as their is an interest for community gardening.
This is the second scheduled public hearing for the draft master plan.
Schedule of Adoption
The First Reading of the Ordinance to adopt the Parks, Recreation and Trails Master Plan and the Trails and
Greenways Master Plan as the Parks Element of the 2030 Comprehensive Plan is tentatively scheduled for
February 10, 2009, with the second reading to follow at the February 24, 2009, City Council Meeting.
The public hearing was posted in the legal section of the Williamson County Sun on December 24, 2008. (30
day advance requirement for the 2030 Comprehensive Plan)
A draft copy of the Parks, Recreation and Trails Master Plan and the Trails and Greenways Master Plan can
be viewed at the Georgetown Public Library and the Parks and Recreation Administration Building.
FINANCIAL IMPACT:
None
SUBMITTED BY:
Kimberly Garrett, Parks and Recretion Director and Randy Morrow, Director of Community Services
Cover Memo
Item # U
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Public Hearingand possible action on a Special Use Permit for an accessory residential unit at Glasscock
Addition, Block 29, Lots 8 & 9, located at 404 East 7th Street -- Robbie Wyler, Historic District Planner and
Elizabeth Cook, Director of Planning and Development
ITEM SUMMARY:
See staff report and attachments
FINANCIAL IMPACT:
None
SUBMITTED BY:
Robbie Wyler, Historic District Planner
ATTACHMENTS:
404 E. 7th SUP Staff Report
Attachment A - Location Map
Attachment B - Applicant's Letter of Intent
Attachment C - P&Z Minutes
Attachment D - Draft SUP
Cover Memo
404 E. 7th Street
SUP for Accessory Residential Unit
Project Manager: Robbie Wyler, Historic District Planner
Page 1 of 3
City Council Meeting: January 27, 2009 Item No._ _
Agenda Item Cover Sheet
Subject: Public Hearing and possible action on a Special Use Permit for an accessory residential unit
at Glasscock Addition, Block 29, Lots 8 & 9, located at 404 East 7th Street. (SUP-2008-006)
Item Summary:
Owner: West and Sarah Short
Agent: Deborah Sparkman
Location: 404 E. 7th Street
Utilities: Georgetown water, wastewater and electric
Zoning: RS, Residential Single-Family
2030 Plan: Moderate Density Residential
Status/History:
The subject property is located at the southeast corner of 7th and Elm Streets. The tract has an existing
zoning classification of RS, Residential Single-Family and a Future Land Use of Moderate Density
Residential.
The applicant is requesting a Special Use Permit (SUP) to allow for an accessory residential unit. The
unit will be located within an existing accessory structure on the property that currently includes a
garage and unfinished storage space and will include a full bathroom and small kitchenette. The
property owner wants to establish the living quarters within the building to provide for visiting family
and friends. There are no plans for any structural expansion and the living quarters will not be used
for rental purposes.
At this time, no Certificate of Design Compliance (CDC) approval is needed from the Historic and
Architectural Review Commission (HARC).
Analysis:
Based on the Unified Development Code (UDC), the requested Special Use Permit is appropriate for
the property. A property zoned Residential Single-Family allows for an accessory residential unit with
the approval of a Special Use Permit to ensure that the addition of the unit will not negatively affect the
surrounding properties. The subject building is currently being used as an unfinished storage area.
The applicant would like to use it as both an entertainment area and additional sleeping quarters for
guests. An SUP is required because the unit will include bath and kitchen facilities and therefore be
considered living quarters. The project will not involve the expansion of any structures or create new
uses for the property.
In addition to the Special Use Permit, Inspection Services will be reviewing the project to ensure that
the building has all the proper permits related to the proposed use and renovation.
Attachment number 1
Page 1 of 3
404 E. 7th Street
SUP for Accessory Residential Unit
Project Manager: Robbie Wyler, Historic District Planner
Page 2 of 3
Surrounding Zoning and Uses:
Location Zoning Future Land Use Existing Land Use
North RS, Residential Single-
Family
Moderate Density
Residential
Residential
South RS, Residential Single-
Family
Moderate Density
Residential Residential
East RS, Residential Single-
Family
Moderate Density
Residential Residential
West RS, Residential Single-
Family
Moderate Density
Residential Residential
Basis of Support:
The reasons for staff’s recommendation of approval are outlined below.
Section 3.07.030 Approval Criteria (SUP)
A. The Conceptual Site Plan has been reviewed by Staff, and meets the technical requirements for
Special Use Permit approval.
B. The Conceptual Site Plan has been reviewed by the Director for compliance with this Code, in
accordance with the review criteria in UDC Sections 3.03.040.
C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may
approve an application for a Special Use Permit where it reasonably determines that there
will be no significant negative impact upon residents of surrounding property or upon the
general public. The City Council may consider the following criteria in its review:
1. The proposed special use is not detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants.
2. The Conceptual Site Plan, circulation plan, and design are harmonious with the
character of the surrounding area.
3. The proposed use does not negatively impact existing uses in the area and in the City
through impacts on public infrastructure such as roads, parking facilities and water and
sewer systems, and on public services such as police and fire protection and solid waste
collection, and the ability of existing infrastructure and services to adequately provide
services.
4. The proposed use does not negatively impact existing uses in the area and in the City
through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other
injurious or noxious impact.
Special Considerations: There are no special considerations at this time.
Financial Impact: No financial impact is anticipated at this time.
Attachment number 1
Page 2 of 3
404 E. 7th Street
SUP for Accessory Residential Unit
Project Manager: Robbie Wyler, Historic District Planner
Page 3 of 3
Comments: There are no comments at this time.
Planning and Zoning Recommendation: On January 6, 2009, the Planning and Zoning
Commission, with a vote of 7-0, recommended approval of the Special Use Permit to allow for an
accessory residential unit at 404 East 7th Street.
Recommended Motion: Recommend Approval of a Special Use Permit to allow for an accessory
residential unit at 404 East 7th Street.
Attachments: Attachment A – Property location map, Attachment B – Applicant’s letter of intent with
proposed interior layout and property photos, Attachment C – Minutes from the January 6, 2009
Planning and Zoning meeting, Attachment D – Draft Special Use Permit
Attachment number 1
Page 3 of 3
ASH S
T
S ELM ST
E 7 T H S T
E 8 TH ST
E 6TH ST
S
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E
S
T
SUP-2008-006404 E 7TH STREET
I
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
0 100Feet
Legend
SITE
STREETS
PARCELS
Attachment number 3
Page 1 of 4
Attachment number 3
Page 2 of 4
Attachment number 3
Page 3 of 4
Attachment number 3
Page 4 of 4
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, January 6, 2009 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Harry Gibbs, Chair; Sarah Milburn, Vice Chair; Marlene McMichael,
Secretary; Patrick Lawson, Don Padfield, Clare Easley and Chris Damon.
Members Absent:
Commissioners in Training Present: Gregory Austin, Brandon Collier and Annette
Montgomery.
Commissioners in Training Absent:
Staff Present: Elizabeth Cook, Director, Robbie Wyler, Planner; Valerie Kreger, Principle
Planner; Trish Carls, City Attorney and Stephanie McNickle, Recording Secretary.
Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance.
Regular Agenda
3. Public Hearing and possible action on a Special Use Permit for an accessory
residential structure at Glasscock Addition, Block 29, Lots 7 & 8, located at 404 East
7th Street, also known as the residence of West and Sarah Short. (RW) SUP-2008-006.
Staff report by Robbie Wyler. The subject property is located at the southeast corner
of 7th and Elm Streets. The tract has an existing zoning classification of RS,
Residential Single-Family and a Future Land Use of Mixed Use Neighborhood
Center.
The applicant is requesting a Special Use Permit (SUP) to allow for an accessory
residential unit. The unit will be located within an existing accessory structure on
the property that currently includes a garage and unfinished storage space and will
include a full bathroom and small kitchenette. The property owner wants to
establish the living quarters within the building to provide for visiting family and
friends. There are no plans for any structural expansion and the living quarters will
not be used for rental purposes.
At this time, no Certificate of Design Compliance (CDC) approval is needed from the
Historic and Architectural Review Commission (HARC). Based on the Unified
Development Code (UDC), the requested Special Use Permit is appropriate for the
property. A property zoned Residential Single-Family allows for an accessory
residential unit with the approval of a Special Use Permit to ensure that the addition
of the unit will not negatively affect the surrounding properties. The subject
building is currently being used as an unfinished storage area. The applicant would
like to use it as both an entertainment area and additional sleeping quarters for
guests. An SUP is required because the unit will include bath and kitchen facilities
Attachment number 4
Page 1 of 2
and therefore be considered living quarters. The project will not involve the
expansion of any structures or create new uses for the property. In addition to the
Special Use Permit, Inspection Services will be reviewing the project to ensure that
the building has all the proper permits related to the proposed use and renovation.
Chair Gibbs invited the applicant to speak.
West Short stated he wishes to use the area above the house as a guest and would like
to include a bath and kitchen area for more privacy.
Motion by Milburn, Recommend to City Council approval of a Special Use Permit for
an accessory residential unit for 404 E. 7th Street. Second by McMichael. Approved (7-0)
Attachment number 4
Page 2 of 2
Glasscock Addition, Block 29, Lots 8 & 9, 404 East 7th Street
SUP for Accessory Residential Unit
January 27, 2009
1
SPECIAL USE PERMIT
LOCATION: 404 E. 7th Street
PROPERTY OWNER: West and Sarah Short
LEGAL DESCRIPTION: Glasscock Addition, Block 29, Lots 8 & 9
REQUEST: Special Use Permit for accessory residential unit
Planning Commission Recommendation Date: January 6, 2009
X Approved.
_____ Denied.
_____ Other.
City Council Action Date:
Approved, based on the following findings and subject to the conditions
(if applicable) below.
_____ Denied.
_____ Other.
Effective Date:
Expiration Date1:
1 The Permit will expire unless a Building Permit or Certificate of Occupancy has been issued by the
identified date. See UDC Section 3.07.050.
Attachment number 5
Page 1 of 4
Glasscock Addition, Block 29, Lots 8 & 9, 404 East 7th Street
SUP for Accessory Residential Unit
January 27, 2009
2
SPECIAL USE PERMIT FINDINGS:
Section 3.07.030 (Special Use Permit Approval Criteria):
C. In addition to the criteria for zoning changes in Unified Development Code (UDC)
Section 3.06.030, the City Council may approve an application for a Special Use
Permit where it reasonably determines that there will be no significant negative
impact upon residents of surrounding property or upon the general public. The City
Council may consider the following criteria in its review:
1. The proposed special use is not detrimental to the health, welfare, and safety of
the surrounding neighborhood or its occupants.
2. The proposed Site Plan, circulation plan, and design are harmonious with the
character of the surrounding area.
3. The proposed use does not negatively impact existing uses in the area and in the
City through impacts on public infrastructure such as roads, parking facilities
and water and sewer systems, and on public services such as police and fire
protection and solid waste collection, and the ability of existing infrastructure
and services to adequately provide services.
4. The proposed use does not negatively impact existing uses in the area and in the
City through the creation of noise, glare, fumes, dust, smoke, vibration, fire
hazard, or other injurious or noxious impact.
CONDITIONS:
I hereby agree to the above conditions of approval and acknowledge that failure to
comply with such conditions shall constitute ground for potential revocation of the
Special Use Permit approval.
Attachment number 5
Page 2 of 4
Glasscock Addition, Block 29, Lots 8 & 9, 404 East 7th Street
SUP for Accessory Residential Unit
January 27, 2009
3
CITY OF GEORGETOWN: ATTEST:
By: _________________________ By:_____________________________
George G. Garver, Mayor Jessica Hamilton, Asst. City Secretary
APPLICANTS:
By:__________________________ By:__________________________
Printed Name Printed Name
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on _____ day of _____________,
2008 by _______________________, an individual known to me.
(seal) _____________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on _____ day of _____________,
2008 by _______________________, an individual known to me.
(seal) _____________________________
Notary Public, State of Texas
STATE OF TEXAS §
§ CORPORATE ACKNOWLEDGEMENT
COUNTY OF WILLIAMSON §
Attachment number 5
Page 3 of 4
Glasscock Addition, Block 29, Lots 8 & 9, 404 East 7th Street
SUP for Accessory Residential Unit
January 27, 2009
4
This instrument was acknowledged before me on _____ day of _____________,
2008 by George G. Garver, a person known to me, in his capacity as Mayor of the City of
Georgetown, Texas, a Texas home-rule municipal corporation, on behalf of said
municipality.
(seal) _____________________________
Jessica Hamilton
Notary Public, State of Texas
After Recording Return to:
City of Georgetown, Planning Department
Attn: __________________
300-1 Industrial Blvd.
Georgetown, Texas 78626
Attachment number 5
Page 4 of 4
City of Georgetown, Texas
January 27, 2009
SUBJECT:
First Reading of an Ordinance revising Chapter 9.08 of the Code of Ordinances, related to Weapons, as
recommended by the Police Department. -- Chief of Police
ITEM SUMMARY:
The proposed ordinance would prohibit the discharge of air powered weapons, archery devices, firearms and
other weapons within the City, except with a permit issued by the Assistant City Manager or as allowed
according to limitations imposed on the City by Local Government Code Section 229.002. Local
Government Code Section 229.002 prohibits the City from regulating the discharge of weapons under the
following circumstances:
A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the
extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1,
1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
(A) on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building
located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any caliber discharged:
(A) on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building
located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
Persons falling under the exceptions outlined in Local Government Code 229.002 would not need to submit a
permit application under the proposed ordinance.
The proposed ordinance would require a person wishing to discharge a weapon within the City to first submit
an application to the Assistant City Manager. The Permit Application must contain the name of the person to
whom the permit would be issued, a description of the property on which the weapon is to be discharged, the
name of the property owner, the type of weapon to be discharged, a document evidencing the permit
applicant has permission to engage in the intended activity if the applicant is not the property owner, the
purpose of discharging the weapon and the time period requested, not to exceed one year. The Assistant
City Manager must then immediately forward the permit application to the Police Department, who would
have seven working days to either recommend issuance of the permit. The Department must recommend
denial of the permit application if discharging the weapon in the location desired would negatively affect the
public health, safety, or welfare; if the applicant has been previously convicted of a felony; or if the applicant
falsifies the application. If the Department recommends the permit be issued, the Assistant City Manager has
five working days in which to issue the permit.
If the permit is granted, the person holding the permit would be required to hold the permit on his or her
person while engaging in the permitted activity. The permit holder would be required to show the permit to
any peace officer upon demand. A peace officer must seize and revoke a permit should the permit holder
refuse to show the permit to the officer upon demand, upon receiving complaints from adjacent property
owners, if the permit holder is discharging types of weapons not specifically permitted in the permit, upon
request of the landowner that all or specific permits for discharge of weapons on their property be revoked
and upon any violation of State or local law. Applications for permits which are denied or permits which are
seized and revoked may be appealed to the City Manager within five working days of the notification of the
application denial or revocation of the permit. Such an appeal must set out the basis for such an appeal. The Cover Memo
Item # W
City Manager shall have ten working days to make a decision on the appeal and the decision of the City
Manager shall be final.
FINANCIAL IMPACT:
SUBMITTED BY:
David Morgan, Chief of Police
ATTACHMENTS:
Weapons Ordinance
Cover Memo
Item # W
Ordinance No.________________
FIREARMS Page 1 of 5
ORDINANCE NO._______________
An Ordinance of the City Council of the City Of Georgetown, Texas
Repealing and Replacing Chapter 9.08 of the Code of Ordinances
Relating to Weapons; Repealing Conflicting Ordinances; Providing a
Severability Clause; and Establishing an Effective Date.
WHEREAS, the City Council of the City of Georgetown desires to provide for the public
safety by limiting the discharge of Weapons within the City Limits in accordance with
the limitations imposed on the City by Section 229.002 of the Texas Local Government
Code; and
WHEREAS, after receiving input from the City Manager and the Chief of Police at its
meeting on _______, 2008, the City Council found and determined that it would be in the
best interest of the community to limit the discharge of Weapons within the City as
contained herein.
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 declared to be true and correct, and are incorporated by reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that enactment
of this Ordinance is not inconsistent or in conflict with the 2030 Comprehensive Plan.
SECTION 2 Chapter 9.08 of the City Code of Ordinances is hereby repealed in its
entirety and replaced with the following:
CHAPTER 9.08. WEAPONS
Sec. 9.08.010. Definitions
Air Powered Weapon means any BB rifle or BB gun, pellet gun, air gun, paint ball
gun, spear gun, wrist rocket and/or slingshot of any description.
Archery Device means any bow, compound bow, long bow, cross bow, cross bow
pistol or any other device capable of firing an arrow or bolt.
Firearm means any pistol, handgun, rifle or shotgun that fires a projectile through
the combustion of gunpowder or other propellant.
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Indoor Archery Range means a room, place, or enclosure equipped with targets for
practice with a bow, compound bow, cross bow, cross bow pistol or any other
device capable of firing an arrow or bolt.
Indoor Firing Range means a room, place, or enclosure equipped with targets for
practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol, or firearm of
any description.
Permit Holder means the person to whom a permit was issued under this chapter
or his or her guest(s). A person shall be assumed to be a guest if the permit
holder is present at the permitted activity and consents to the person’s presence
or the person has written permission to participate in the permitted activity from
the person to whom the permit was issued. Written permission must include the
name, date of birth and home address of the person being given permission.
Shooting Gallery means a room, place or enclosure wherein the firing of firearms
is permitted to practice marksmanship. Each shooting gallery shall consist of
only one (1) target area.
Weapon means any Air Powered Weapon, Archery Device, Firearm or any
combination thereof.
Sec. 9.08.020. Discharge of Weapons Prohibited.
Except as otherwise provided in Section 9.08.030, t is unlawful for any person to
fire or discharge any Air Powered Weapon, Archery Device, Firearm or other
Weapon for any reason, including but not limited to hunting, sporting, target
practice or competition within the City.
Sec. 9.08.030. Exceptions.
Section 9.08.020 of this Chapter shall not apply to Weapons discharged:
a. as may be allowed by the laws of this State or the United States, or
b. in the extraterritorial jurisdiction of the City or in an area annexed by
the City after September 1, 1981, if the firearm or other weapon is:
i. a shotgun, air rifle or pistol, BB gun, or bow and arrow
discharged:
1. on a tract of land of 10 acres or more and more than
150 feet from a residence or occupied building located
on another property; and
2. in a manner not reasonably expected to cause a
projectile to cross the boundary of the tract; or
ii. a center fire or rim fire rifle or pistol of any caliber discharged:
1. on a tract of land of 50 acres or more and more than
300 feet from a residence or occupied building located
on another property; and
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2. in a manner not reasonably expected to cause a
projectile to cross the boundary of the tract; or
c. the discharge of firearms in a shooting gallery or gunsmith's
establishment; or
d. with a Permit issued under this Chapter.
Sec. 9.08.040. Permit to Discharge a Weapon.
A person wishing to obtain a Permit to Discharge a Weapon must file with the
office of the Assistant City Manager an application containing the following
information:
a. The name and address of the Applicant;
b. A description of the property where the Weapon is to be discharged,
including property line dimensions and total acreage
c. The name of the owner(s) of the property;
d. The type of Weapon to be discharged; i.e. BB gun, long bow, cross
bow, etc.
e. If the Applicant is not the property owner(s), a document evidencing
that the Applicant has the permission of the owner to use the land;
and
f. the purpose of discharging the Weapon, and the time period
requested, not to exceed one (1) year.
Sec. 9.08.050. Police Department Review of Application.
A. Upon receipt of an application for a Permit required by this Chapter, the
Assistant City Manager shall immediately forward the application to the
Police Department. The Police Department shall have seven (7) working
days in which to review the application to determine whether:
1. Discharging a Weapon in the location requested would adversely
affect the public safety, health, or welfare; or
2. The applicant has been convicted of a felony or falsified the
application; or
B. If the Police Department finds that discharging the Weapon is likely to
adversely affect the public health, safety or welfare, or the Applicant has been
convicted of a felony, or falsified the application, then the Police Department
shall recommend denial of the permit application.
Sec. 9.08.060. Action on Application.
Upon receiving the report from the Police Department, the Assistant City
Manager shall act upon the application in a manner consistent with this Chapter.
If the Police Department finds that the application complies with the
requirements of Section 9.08.040 and 9.08.050, the Assistant City Manager shall
issue the permit within five (5) working days from receipt of the report from the
Police Department. If the Police Department finds the application does not
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comply with the requirements of Section 9.08.040 and 9.08.050, the Assistant City
Manager shall deny the permit application within five (5) working days from
receipt of the Report from the Police Department. If the Assistant City Manager
issues the permit, the Assistant City Manager shall designate an expiration date
of the permit, but in no event shall the term of any permit exceed one (1) year.
Sec. 9.08.070. Possession and Display of Permit.
Approved permits issued under this Chapter shall be carried on the permit
holder’s person at any time the person is engaging in the activity permitted
under this Chapter and shall be shown upon the demand of any peace officer.
Sec. 9.08.080. Revocation of Permits.
A. A Permit issued under this Chapter may be seized and revoked by any
peace officer and shall be seized and revoked by a peace officer, if:
1. The permit holder fails to show the Permit to a peace officer upon
request; or
2. Complaints from an adjacent property owner or a law
enforcement officer are received that allege unsafe Weapon
handling or discharge; or
3. The permit holder is carrying or discharging a weapon of a type
not specifically indicated on the Permit; or
4. The landowner requests revocation of all or specific permits
issued for his land; or
5. Violations of any of the restrictions of this Chapter or state law
occur.
B. If a Permit is seized and revoked under this Chapter, the City’s Police
Department shall send to the permit holder, by certified mail, return-
receipt requested, written notice of the revocation, including the reason
for the revocation and information regarding the permit holder’s right to
appeal the revocation. The Police Department shall send a copy of the
written notice of revocation to the Assistant City Manager. A permit
holder who has a Permit seized shall not be issued another Permit under
this Chapter for a period of ninety (90) days from the date of revocation
for the first revocation and for a period of one year for any subsequent
revocation.
Sec. 9.08.090. Appeals Procedure.
A permit applicant or permit holder may appeal the denial or revocation of a
Permit hereunder to the City Manager subject to the following requirements.
a. The appeal must be in writing and filed with the City Manager’s
office within five (5) working days of receipt of written notice of
permit denial or revocation;
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b. The appeal must clearly set out the basis for such appeal;
c. The City Manager shall act upon the appeal within ten (10) days of
receipt of the written appeal. The City Manager’s decision shall be
final and binding on all parties.
SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications 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 of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the __th day of _______, 2009.
PASSED AND APPROVED on Second Reading on the _____ day of _________
2009.
ATTEST: THE CITY OF GEORGETOWN:
George G. Garver
City Secretary Mayor
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
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Item # W
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Sec.551.071: Consultation with Attorney
1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including this week's agenda items
2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for
the Western District of Texas, Austin Division
3. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United States
District Court for the Western District of Texas Austin Division
4. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial
District, Travis County, Texas
5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the
"Development Agreement with Forestville Associates, a Maryland General Partnership, regarding
development of Wolf Ranch" dated September 11, 2003
6. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson
County, 277th Judicial District
7. Discussion and possible action regarding legal issues arising from the UDC Amendment process
8. Discussion and possible action regarding the application of 3 B&J Wastewater Company, Inc. for a permit
from the Texas Commission on Environmental Quality to discharge treated domestic wastewater into an
unnamed tributary, thence to the North Fork of the San Gabriel River (TCEQ Proposed Permit No.
WQ0014911001).
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # X
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Sec 551.072: Deliberation about Real Property
1. Consideration and possible action concerning the acquisition of property within the Williams Drive
Gateway, including McCoy Elementary.
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # Y
City of Georgetown, Texas
January 27, 2009
SUBJECT:
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has
received from a business prospect that the City Council seeks to have locate, stay or expand in or near the
territory of the City and with which the City Council is conducting economic development negotiations; or to
deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have
locate, stay or expand in or near the territory of the City and with which the City Council is conducting
economic development negotiations. Old Albertson's Building.
ITEM SUMMARY:
None
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jessica Hamilton, Assistant City Secretary
Cover Memo
Item # Z