HomeMy WebLinkAboutAgenda CC 07.14.2009Age Page 1 of I
City of Georgetown, Texas
July 14, 2009
SUBJECT:
Consideration and possible action to appoint Jim Briggs as Chair of the 2010 Census Full Count
Committee -- Mayor George Garver
ITEM SUMMARY:
SUBMITTED BY:
Mayor George Garver
http://agendas.georgetown.orgBluesheet.aspx?ItemID=1144&MeetingID=93 7/14/2009
Council Meeting: Iuly 14, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a Resolution authorizing the abandonment and
vacation of a 30' public utility easement and a 15' public utility easement described in
Document Nos. 1998001771 and 1998005752, Official Records of Williamson County, Texas —
Thomas R. Benz, P.E., Systems Engineering Director, Jim Briggs, Assistant City Manager for
Utility Operations
ITEM SUMMARY:
In October 2008, the City received a request from Ercel Brashear, local commercial real estate
broker, for the abandonment of two easements across the property of his client, Campbell -
Georgetown #1 Limited Partnership ("Campbell"), located near the intersection of Shell Road
and Williams Drive. Campbell granted the easements to the City in 1998 in connection with
the original plan to locate the HEB #2 on the Campbell property and realignment of Shell
Road. Survey plat showing the location of the easements is attached for reference.
As part of the Shell Road realignment project, the City constructed an overhead electric line in
the easement area in 1998-1999 under the assumption that it would be adjacent to the new
Shell Road right-of-way. However, for environmental reasons, the alignment of the road
changed after the electric line was built, resulting in the Campbell tract being bisected by the
easements/electric line. It has always been GUS' intent to relocate the line, but there has not
been a time -sensitive need to do so. However, in response to Mr. Brashear's request, the line
has now been relocated to the current Shell Road right-of-way. There are no other City
utilities in the easements and a public need for the easements no longer exists.
The Assistant City Manager for Utility Operations, or his designee, has reviewed the request
and recommends that the easements be abandoned.
ATTACHMENTS:
1) Survey plat showing location of easements to be abandoned
2) Proposed Resolution authorizing abandonment
3) Quitclaim Deed abandoning easements (Exhibit "A" to resolution)
Submitted By:
9)WO V_ &�
Thomas R. Benz, P.E.
Systems Engineering Director
Jim Briggs, Assistant City Manager
for Utility Operations
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO VACATE AND ABANDON A 15' UTILITY
EASEMENT AND A 30' PERMANENT UTILITY EASEMENT
DESCRIBED IN DOCUMENT NOS. 1998005752 AND 1998001771,
RESPECTIVELY, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; AND LOCATED NEAR THE INTERSECTION OF
SHELL ROAD AND RM 2388 (WILLIAMS DRIVE), GEORGETOWN,
TEXAS.
WHEREAS, the City of Georgetown has received a request for the vacation and
abandonment of a 15' Utility Easement and a 30' Permanent Utility Easement described in
Document Nos. 1998005752 and 1998001771, respectively, of the Official Records of
Williamson County, Texas; and
WHEREAS, there are no City of Georgetown utilities located within the Property;
and
WHEREAS, upon considering the request for vacation and abandonment of the
Property, and additional information pertaining to the request, the City Council now finds
that a public need for the Property no longer exists, and the easements may, therefore, be
abandoned and vacated.
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 implements the following policies of the 2030 Comprehensive
Plan:
4. Effective Governance
4.1 Effective, Responsive Government
Resolution No. Page 1 of 2
Shell Road Utility Easement Abandonment
B. We have created and enforced innovative, effective and fair regulatory codes and
development standards to guide and improve development quality.
The City Council further finds that the adoption of this resolution is not inconsistent or in
conflict with any other 2030 Comprehensive Plan Policies.
SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deed in the
form attached hereto as Exhibit "A" abandoning and vacating a 15' Utility Easement and a
30' Permanent Utility Easement described in Document Nos. 1998005752 and 1998001771,
respectively, of the Official Records of Williamson County, Texas.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
CITY OF GEORGETOWN
a
George G. Garver, Mayor
APPROVED AS TO FORM:
day of July, 2009.
ATTEST:
Jessica E. Hamilton, City Secretary
Patricia E. Carls, Carls, McDonald & Dalrymple, LLP
City Attorney
Resolution No.
Shell Road Utility Easement Abandonment
Page 2 of 2
QUITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
DATE: 2009
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown,
Williamson County, Texas 78627
GRANTEE: Campbell -Georgetown #1 Limited Partnership, a Texas limited
partnership
GRANTEE'S Mailing Address (including County): 8080 N. Central Expy.,
Suite 1380, Dallas, Dallas County, Texas, 75206
• CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a 15 -foot -wide Utility Easement described in
Document No. 1998005752 and a 30 -foot -wide Permanent
Utility Easement described in Document No. 1998001771,
of the Official Records of Williamson County, Texas.
For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S
right, title, and interest in and to the above described property, to have and to hold it
to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to
the property or any part of it.
EXHIBIT
i� 11
Quitclaim Deed Abandoning Shell Road Easements
Page 1 of 2
Council meeting date: July 14, 2009
AGENDA ITEM COVER SHEET
Item No.: V1
SUBJECT:
Resolution of the City Council of the City of Georgetown amending Resolution No.
031009-I concerning the acquisition of a permanent utility easement from APW
Corporation to include the acquisition of a temporary construction easement in addition
thereto in its finding of public convenience and necessity and authorization of eminent
domain proceedings, if necessary, for the acquisition of easements required to effectuate
certain public utility improvements; and establishing an effective date. — Thomas R.
Benz, P.E., Systems Engineering Director, and Jim Briggs, Assistant City Manager for
Utility Operations
ITEM SUMMARY:
On March 10, 2009, Council passed Resolution No. 031009-I authorizing the acquisition
of a 1.59 -acre permanent utility easement to effectuate certain public utility
improvements in connection with the SPG -1 wastewater line project on property owned
by APW Corporation in University Park. The project also requires the acquisition of a
temporary construction easement that was not included in Resolution No. 031009-1.
Accordingly, the proposed Resolution amends the Resolution No. 031009-I to authorize
the acquisition of a temporary construction easement consisting of a 0.695 -acre parcel, a
1.062 -acre parcel, and a 0.045 -acre parcel, referred to jointly as the Temporary
Construction Easement ("TCE"), in addition to a 1.59 -acre permanent utility easement.
FINANCIAL IMPACT/SPECIAL CONSIDERATIONS:
n/a
ATTACHMENTS:
Proposed Amended Resolution
Submitted By:
9\V-�VoQ. 8:��
Thomas R. Benz, P.E.
Systems Engineering Director
Jim Briggs, Assistant City Manager
for Utility Operations
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN AMENDING RESOLUTION NO. 031009-I
CONCERNING THE ACQUISITION OF A PERMANENT UTILITY
EASEMENT FROM APW CORPORATION, TO INCLUDE THE
ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT
IN ADDITION THERETO IN ITS FINDING OF PUBLIC
CONVENIENCE AND NECESSITY AND AUTHORIZATION OF
EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR THE
ACQUISITION OF EASEMENTS REQUIRED TO EFFECTUATE
CERTAIN PUBLIC UTILITY IMPROVEMENTS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 10, 2009, the City Council of the City of Georgetown (the
"City") passed Resolution No. 031009-I finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a
permanent utility easement to effectuate certain public utility improvements; and
WHEREAS, the subject public utility improvement project also requires the
acquisition of a temporary construction easement, which was not included in
Resolution No. 031009-I, which temporary construction easement is also necessary to
effectuate the subject public utility improvements; and
WHEREAS, in order to promote the public health, safety and welfare of the
citizens of the Georgetown, Resolution No. 031009-I shall be amended to include a
temporary construction easement, in addition to a permanent utility easement, as set
forth herein:
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires
acquisition of a permanent utility easement on, over under and across the property
described in the attached Exhibit "A" which exhibit is incorporated herein by reference
as if fully set out, and subsequently referred to as the "Permanent Easement," for
construction, reconstruction, improvement, operation, use, maintenance and extension
of an underground wastewater line and appurtenances thereto (the "Project"); and
Resolution No.
Amending APW PCN Resolution No. 031009-I (SPG -1 Wastewater Line Project)
Page 1 of 5
WHEREAS, in order to promote public health, safety, and welfare, the City
additionally finds that public convenience and necessity requires acquisition of a
temporary construction easement on, over under and across the following three parcels
of land: (1) a twenty -foot (20') wide parcel extending all along the western edge of the
Permanent Easement and graphically depicted on Exhibit "A" as "20' Temporary
Construction Easement 0.695 ACRE OF LAND;" (2) a twenty -foot (20') wide parcel
extending all along the eastern edge of the Permanent Easement and graphically
depicted on Exhibit "A" as "20' Temporary Construction Easement 1.062 ACRE OF
LAND," and (3) the property described in the attached Exhibit 'B", which exhibit is
incorporated herein by reference as if fully set out, all three of these parcels being
subsequently referred to jointly as the "TCE", and being acquired for construction,
staging, storage of materials and equipment, access, and all other purposes necessary to
effectuate the Project; and
WHEREAS, in order to effectuate the Project, it will be necessary and convenient
that agents, representatives, or employees of the City, lay out the Project and acquire
the necessary easements upon, over, under and across the Permanent Easement and
TCE for the purpose of construction, reconstruction, operation, and maintenance of
wastewater utility lines, and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers,
attorneys, title companies, architects, or other persons or companies to effect the laying
out, establishment, and acquisition of the Permanent Easement, TCE and the Project;
WHEREAS, in order to acquire a permanent utility easement on the property
described in Exhibit "A", it will be or has been necessary for the City's agents,
representatives, or employees to enter upon the Permanent Easement for the purposes
of surveying and establishing said land titles and to determine adequate compensation
for said land, to conduct tests, and to negotiate with the owners thereof for the purchase
of said easement; and,
WHEREAS, in order to acquire a temporary construction easement on the TCE, it
will be or has been necessary for the City's agents, representatives, or employees to
enter upon the TCE for the purposes of surveying and establishing said land titles and
to determine adequate compensation for said land, to conduct tests, and to negotiate
with the owners thereof for the purchase of said easement; and,
Resolution No.
Amending APW PCN Resolution No. 031009-I (SPG -1 Wastewater Line Project)
Page 2 of 5
WHEREAS, it was necessary to set out procedures for the establishment and
approval of just compensation for each of the parcels to be acquired for the Project;
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown:
1. That in order to promote the public health, safety, and welfare, public
convenience and necessity require the construction, reconstruction,
improvement, operation, maintenance and extension of a permanent public
wastewater utility line on, over, under and across the real property described
in the attached Exhibit "A" and that said public project will necessitate use of
the land described in the TCE during the period of initial construction.
2. That public convenience and necessity requires acquisition of a permanent
utility easement on, over, under and across the real property described in the
attached Exhibit "A" for purposes of construction, reconstruction,
improvement, operation, use, maintenance and extension of an underground
wastewater utility line, and appurtenances thereto.
3. That public convenience and necessity requires acquisition of a temporary
construction easement on, over, under and across the following three parcels:
(1) a twenty -foot (20') wide parcel extending all along the western edge of the
Permanent Easement and graphically depicted on Exhibit "A" as "20'
Temporary Construction Easement 0.695 ACRE OF LAND;" (2) a twenty -foot
(20') wide parcel extending all along the eastern edge of the Permanent
Easement and graphically depicted on Exhibit "A" as "20' Temporary
Construction Easement 1.062 ACRE OF LAND," and (3) the property
described in the attached Exhibit "B" all these three parcels being required
for purposes of construction, staging, storage of materials and equipment,
access, and all other purposes necessary to effectuate the Project.
4. That the City's agents, representatives, or employees are hereby authorized
to:
a. Lay out the exact location of the land area needed from the
Permanent Easement, TCE, or other properties;
Resolution No.
Amending APW PCN Resolution No. 031009-I (SPG -I Wastewater Line Project)
Page 3 of 5
b. Hire such engineers, surveyors, appraisers, title companies,
architects, and other persons or companies needed to effect the
laying out of the facilities, the establishment and acquisition of the
required easements, and the construction of the utility lines, and
appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying
and establishing the title, to determine adequate compensation for
the easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase
thereof;
e. To purchase any necessary easements on, over, under and across
the Permanent Easement and TCE, and execute all documents
necessary to acquire such easements, all subject to express approval
of the specific, negotiated terms by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the
Permanent Easement for a permanent utility easement and the TCE
for a temporary construction easement in the event the owner(s)
fail to accept a bona fide offer to purchase the Permanent Easement
and TCE; and
g. Take whatever further actions deemed appropriate to economically
effect the establishment of the Project and appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the
Permanent Easement and TCE are hereby authorized, ratified, approved,
confirmed, and validated. This resolution shall take effect immediately from and
after its passage.
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to
attest thereto on behalf of the City of Georgetown.
Resolution No.
Amending APW PCN Resolution No. 031009-I (SPG -1 Wastewater Line Project)
Page 4 of 5
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this day of July, 2009.
ATTEST: THE CITY OF GEORGETOWN:
Jessica E. Hamilton, City Secretal y
APPROVED AS TO FORM:
Patricia E. Carls
Carls, McDonald & Dalrymple, LLP
City Attorney
Resolution No.
By:
George G. Garver, Mayor
Amending APW PCN Resolution No. 031009-I (SPG -1 Wastewater Line Project)
Page 5 of 5
UTILITY EASEMENT
CITY OF GEORGETOWN
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
October 14, 2008
Surveyor's Field Notes for CITY OF GEORGETOWN, for:
1.59 ACRES, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County,
Texas, being a portion of a tract of land described as "Drainage Easement & Park Area" in
University Park, Section One, an addition in the City of Georgetown, Williamson County, Texas,
according to the plat of record in Cabinet G, Slide 163, Plat Records of Williamson County,
Texas, and being more particularly described as follows:
COMMENCING at a calculated point at the northeast comer of said "Drainage Easement & Park
Area", being on the south line of a 80' public roadway known as State Highway 29, and being
the northwest corner of a portion of the remainder of a tract conveyed to Ronald Mahan in
Volume 358, Page 229, Deed Records of Williamson County, Texas;
THENCE, in a southerly direction, with the eastern line of said "Drainage Easement & Park
Area" tract, being the boundary line of said Mahan tract, S 14° 37' 30" E — 13.43', to a calculated
point, for the POINT OF BEGINNING and northeast comer of the herein described tract;
THENCE, in a southerly direction, continuing with said Mahan boundary, S 14° 37' 30" E —
30.18', to a calculated point, for the westernmost southeast comer of the herein described tract;
THENCE, in a general southerly direction, the following calls;
1. S 69' 05' 59" W —149.37', a calculated point,
2. S 41* 60'30" W — 348.02', a calculated point,
3. S 41° 06' 30" W — 62.00', a calculated point, at the beginning of a curve to the left;
4. with said curve to the left; having a radius of 340.00', a delta angle of 229 19' 0311, and a
long chord which bears S 30° 41' 02" W —131.60'; an arc length of 132.43', a calculated
point,
5. S 20" 15' 25" W — 52.28', a calculated point,
6. S 18° 03' 26" W — 254.37', a calculated point,
7. S 060 51' 39" W — 333.87', a calculated point,
8. S 21" 26' 08" E — 850.91', a calculated point, and
9. S 13° 15' 48" W — 118.70', to a calculated point on the east line of a public roadway
known as Southwestern Boulevard, for the southernmost corner of the herein described
tract;
THENCE, in a northerly direction, with the east line of said Southwestern Boulevard, N 31° 45'
35" W — 42.41', to a calculated point;
THENCE, in a general northerly direction, the following calls;
1. N 13' 15'48" E — 79.35', a calculated point,
2. N 21° 26'08" W — 849.09', a calculated point,
3. N 060 51' 39" E — 344.37', a calculated point, and
4. N 18" 03' 26" E — 257.89', to a 1/i' iron rod found, being the southeast corner of Lot 1,
Block I, of said University Park, Section One, also being the southwest comer of a portion
of said Mahan tract;
THENCE, in a general northeasterly direction, with the south line of said portion of said Mahan
tract, the following calls;
1. N 20' 15' 35" E — 52.47', a 5/8" iron rod found, at the beginning of a curve to the right;
2. with said curve to the right; having a radius of 370.00', a delta angle of 220 19'03", and a
long chord which bears N 30° 41' 02" E — 143.21'; an arc length of 144.12', a calculated
point,
3. N 41" 05' 30" E — 62.00', a '/z" iron rod found, and
4. N 41' 60' 30" E — 355.29', a calculated point, for the northernmost northwest corner of
the herein described tract; „
EXHIBIT
Psof
age 3
UTILITY EASEMENT
CITY OF GEORGETOWN
Surveyor's Field Notes for CITY OF GEORGETOWN, (continued):
THENCE, in an easterly direction, leaving the southern line of said Mahan tract, N 69° 05' 59" E
—159.94', to the POINT OF BEGINNING and containing 1.59 Acres of Land.
TOGETHER WITH a 1.062 Acre Temporary Construction Easement, 20' in width, situated along
and parallel to the southeast side of said 1.59 Acre tract.
TOGETHER WITH a 0.695 Acre Temporary Construction Easement, 20' in width, situated along
and parallel to the northwest side of said 1.59 Acre tract, between Southwestern Boulevard and
the south line of Lot 1, Block "I", University Park, Section One, recorded in Cabinet G, Slide 163,
Plat Records of Williamson County, Texas.
This project is referenced to the City of Georgetown Coordinate System, an extension of the
Texas Coordinate System of 1983, Central Zone. All distances are horizontal surface distances
unless noted and all bearings are grid bearings. All coordinates are referenced to City
Monument No. GT04. The theta angle at City Monument No. GT04 is 01 °21'47". The combined
correction factor (CCF) is 0.99990229. Grid distance = Surface distance X CCF. Geodetic
north = Grid north + theta angle. Published City coordinates for City Monument No. GT04 are
N.= 10,203,826.6635 E.= 3,128,836.4536. Reference tie from City Monument No. GT04 to the
northeast corner of said 1.59 acre tract is N 82°49'17" E, 9922.30 feet.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the herein
described 1.59 Acre tract.
Surveyed July 23, 2008
ALL COUNTY SURVEYING, INC. CHARLES. LUCYO
4636tp1-800-749-PLAT �F
server/projects/proB000/998700/998755/998755esmt2.doRV,
Charles C. Lucko
Registered Professional Land Surveyor
Registration No. 4636
EXHIBIT 3
Page - ,2,0f
Surveyors Sketch showing ISA ACRE -5,
situated In the WILLIAM ADDI5ON SURVEY, - -
ABSTRACT 21, Killonson Gounty, Texas.
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EXHIBIT
( age 3 of
E"��
Saveyor's Sketch showing ISA ACRES,
�lVIYMb` MIG situated In the WILLIAM ADDISON 5URVEY,
]" •M""°`'r""°° ABSTRACT 21, Wllllamson County, Texas.m] r]w n. -woe
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EXHIBIT
( age 3 of
E"��
Saveyor's Sketch showing ISA ACRES,
�lVIYMb` MIG situated In the WILLIAM ADDISON 5URVEY,
]" •M""°`'r""°° ABSTRACT 21, Wllllamson County, Texas.m] r]w n. -woe
TEMPORARY CONSTRUCTION EASEMENT
CITY OF GEORGETOWN
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
October 15, 2008
Surveyor's Field Notes for CITY OF GEORGETOWN, for:
0.045 ACRE, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson
County, Texas, being out of and a part of tract labeled "Drainage Easement & Park
Area" in University Park, Section One, an addition in the City of Georgetown, Williamson
County, Texas, according to the plat of record in Cabinet G, Slide 163, Plat Records of
Williamson County, Texas, and being more particularly described as follows:
BEGINNING at a calculated point at the northeast corner of said "Drainage Easement &
Park Area", being the northwest corner of a remainder portion of a tract conveyed to
Ronald Mahan in Volume 358, Page 229, Deed Records of Williamson County, Texas,
and being on the south line of a public roadway known as State Highway 29, for the
northeast corner of the herein described tract;
THENCE, in a southerly direction, with the easterly line of said "Drainage Easement &
Park Area" tract, same being the northwesterly line of said Mahan tract, S 14° 37' 30" E
—13.43', to a calculated point, for the southeast comer of the herein described tract;
THENCE, in a westerly direction, S 690 06' 59" W — 159.94', to a calculated point on
the northwest line of said "Drainage Easement & Park Area" tract, being the
southeasterly line of another portion of said Mahan tract, for the southwest corner of the
herein described tract;
THENCE, in a northeasterly direction, with said Mahan boundary, N 41° 50' 30" E —
17.92', a calculated point, and N 14' 56' 30" W — 4.62', to a calculated point, being the
northeast corner of said Mahan remainder tract and the northwest comer of said
"Drainage Easement & Park Area" tract, and being on the south line of said State
Highway 29, for the northwest corner of the herein described tract;
THENCE, in an easterly direction, with the south line of said State Highway 29, N 68'
53'00" E —145.00', to the POINT OF BEGINNING and containing 0.045 Acres of Land.
This project is referenced to the City of Georgetown Coordinate System, an extension of
the Texas Coordinate System of 1983, Central Zone. All distances are horizontal
surface distances unless noted and all bearings are grid bearings. All coordinates are
referenced to City Monument No. GT04. The theta angle at City Monument No. GT04
is 01021'47". The combined correction factor (CCF) is 0.99990229. Grid distance =
Surface distance X CCF. Geodetic north = Grid north + theta angle. Published City
coordinates for City Monument No. GT04 are N.= 10,203,828.6635 E.=
3,128,836.4536. Reference tie from City Monument No. GT04 to the northeast corner
of said 0.045 acre tract is N 82°44'40" E, 9920.57 feet.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the
herein described 0.045 Acre tract.
Surveyed July 23, 2008
ALL COUNTY SURVEYING, INC.
1 -800 -749 -PLAT
serveriprogects/pro8DD0/998700/998755/998]55-esmW Aoc
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Charles C. Luck
Registered Professional Land Surveyor
Registration No. 4636
J
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lh,MPORART CONSTRUCTIONEASEMENT
CITY OF GEORGETOWN
Surveyor's Sketch showing 0.045 ACRE, situated In the WILLIAM
ADDISON SURVEY, ABSTRAGT 21, Williamson County, Texas.
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ALL COUNTY SURVEYING, INC
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1303 Swth 71st Street
Te pie, Texas 16504
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Council meeting date: luly 14, 2009 Item No.:
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize the Mayor to enter into a Possession and
Use Agreement with Ray F. Thomas, Jr. and Marilyn Ann Thomas to facilitate the
acquisition of a 0.05 -acre tract of land for street right-of-way in connection with the
Rock Street Extension Project. — Thomas R. Benz, P.E., Systems Engineering Director,
Jim Briggs, Assistant City Manager for Utility Operations
ITEM SUMMARY:
Staff has reached agreement with the landowner for the possession and use of a 0.05 -
acre tract of land to facilitate the acquisition of the property for purposes of street right-
of-way required for the Rock Street Extension Project. The proposed agreement is
necessary in order to avoid delay in construction of the project while title issues are
being resolved. The agreement is based on staff's offer of the fair market value of the
property, as determined by Chris P. Griesbach, MAI, a State Certified General Real
Estate Appraiser, of Lone Star Appraisals & Realty, Inc., 90% of which will be tendered
directly to the landowner upon execution of the proposed agreement, with the
remaining 10% to be paid to the landowner at closing. Excerpts of Mr. Griesbach's
March 31, 2009 report are attached for reference. The attached Possession and Use
Agreement sets out the proposed terms of the real estate transaction, subject to Council
approval.
FINANCIAL IMPACT/SPECIAL CONSIDERATIONS:
$8,400.00, plus related closing costs; 90% ($7,560.00) to be paid upon execution of the
proposed agreement; the remaining 10% ($840.00) to be paid at closing.
STAFF RECOMMENDATION:
Recommend approval.
ATTACHMENTS:
1. Excerpts from Lone Star Appraisals & Realty, Inc. March 31, 2009 appraisal report
2. Proposed Possession and Use Agreement
Submitted By:
�J" R
Thomas R. Benz, P.E.
Systems Engineering Director
Jim Briggs, Assistant City Manager
for Utility Operations
REAL ESTATE SUMMARY APPRAISAL REPORT
PROPERTY ADDRESS: ROCK STREET IMPROVEMENTS R.O.W. ACQUSITION
PROPERTY: UNIMPROVED 0.050 ACRES OR 2,178 SQUARE FEET OF LAND
WCAD PARCEL: R363918
OWNER: RAY F. THOMAS JR.
OWNER'S ADDRESS: P.O. BOX 503, GEORGETOWN TEXAS 78627
Appraisal Prepared For:
Ms. Terry Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Drive
Georgetown, Texas 78626
As Of:
March 31, 2009
Prepared By:
Lone Star Appraisals & Realty, Inc.
Chris P. Griesbach, MAI
Donnie L. Smith
State Certified General Real Estate Appraiser(s)
IV
LONE STAR APPRAISALS & REALTY, INC
April 15, 2009
Ms. Terry Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Drive
Georgetown, Texas 78626
RE: Parcel #3 — Thomas Property. Analysis and Valuation of the proposed Right of Way
(R.O.W.) Acquisition. LSAR File Number 3075c.cpg/dls.
Dear Ms. Calhoun:
At your instructions, we have prepared an appraisal report of the R.O.W. (right of way) acquisition
which consists of all the subject property referenced above. Thus, the acquisition is a whole taking
of the subject property. The property is 0.050 acres with direct access from the Rock Street right
of way which is not paved. The appraiser has been requested to estimate the just compensation
for the acquisition of the subject property. This letter is to convey the conclusions of the appraiser's
valuation. Within the following report which is attached with this letter is the analysis and
supporting data utilized in making these conclusions. The appraisal has been presented herein in a
summary format at your request. We have conducted an inspection of the subject from the public
right of way, aerial maps, and a drive by inspection of the comparable sales.
Market Value is defined within the body of this report. Based upon an investigation and analysis of
the data, the following represents our estimate of just compensation for the proposed right of way
as of March 31, 2009.
R.O.W. — Right Of Way
EIGHT THOUSAND FOUR HUNDRED DOLLARS
($8,400)
I
Georgetown Utility Systems
R.O.W. Acquisition
Project: Rock Street Improvements
Parcel k 3; Ray Thomas Jr.
The appraiser will retain all of the supporting analysis and valuation estimations within the appraiser's
file. If requested the appraiser can and will produce all supporting information to the client.
If you have any questions regarding the analysis of the subject property, the data utilized, and/or the
analysis of the appraiser in formulating the conclusions reported herein please feel free to contact us.
It should be noted that the appraiser has been supplied with a title commitment. The appraisal was
completed based on the field notes of the R.O.W. dimensions and areas provided to the appraiser by
the client. The property is being completely condemned by the City of Georgetown Utility Systems.
There will be no remainder once the right of way is acquired.
If you should have any questions or need additional information, please inform us of such. We
appreciate the opportunity to be of service to you.
Respectfully submitted,
LONE STAR APPRAISALS & REALTY, INC.
Valuation Cons ants
Chris P. Griesbach, MAI
Principal
State Certified (Texas)
TX -1321135-G
Don ' Smith
Senior Appraiser
State Certified (Texas)
TX -1 338244-G
Georgetown Utility Systems
R.O.W. Acquisition
Project: Rock Street Improvements
Parcel # 3; Ray Thomas Jr.
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
WCAD Parcel Number: R363918
Georgetown Utility Systems Reference
Whole Property:
Property Owner:
Whole Property Size:
Proposed Right of Way:
Location/Address:
Effective Date of Appraisal:
Property Rights Appraised:
Current Zoning:
Improvements:
Highest and Best Use:
Parcel #3
0.050 acres — N. Porter Survey, Abstract 497,
Williamson County, Texas.
Ray Thomas Property
0.050 Acres / 2,178 SF
0.050 Acres / 2,178 SF
W. Morrow Street, Georgetown, Williamson County,
Texas
March 31, 2009
Fee Simple
C-3, Commercial
None
As Vacant: Assemblage
As Improved: N/A; Vacant Land
SUMMARY OF VALUES
MARKET VALUE OF SUBJECT PROPERTY ...................................................$8,400
tv
POSSESSION AND USE AGREEMENT
(Thomas parcel)
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
This Possession and Use Agreement (Agreement,) effective the _ day of June, 2009
between the City of Georgetown, Texas, a home rule municipal corporation (the City), and
Ray F. Thomas, Jr. and Marilyn Ann Thomas, husband and wife (the Owner). Owner is
referred to herein as Grantor. As set forth below, this Agreement grants an irrevocable
right to possession and use to the City, its contractors, agents, assigns and all others
deemed necessary by the City for the purpose of construction, reconstruction, operation
and maintenance of a public street, referred to herein as the "Project". The property
involved is more fully described by metes and bounds in Exhibit "A" attached and by
diagram in Exhibit "B" attached hereto and made a part of this Agreement by reference
(the Property), hereinafter referred to collectively as the "Property"
1. For the consideration paid by the City which is set forth in paragraph 2 below, the
receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells
and conveys to the City exclusive possession and use of the Property for the
purpose of constructing the Project and appurtenances thereto and the right to
remove any and all improvements. This Agreement will also extend to the City, its
contractors, assigns and/or owners of any existing utilities on the Property and those
which may be lawfully permitted on the Property by the City in the future and will
allow the construction, relocation, replacement, repair, improvement, operation and
maintenance of these utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use, the City will
tender to the Grantor the sum of Seven Thousand Five Hundred Sixty and no/100s
Dollars ($7,560.00) (the "Initial Deposit"), which amount shall be tendered directly
to Grantor, which represents ninety percent (90%) of the full amount of Eight
Thousand Four Hundred and no/100 Dollars ($8,400.00) being offered to Grantor for
the purchase of the Property; the remaining ten percent (10%) in the amount of
Eight Hundred Forty and no/100 Dollars ($840.00) of which (the "Balance") shall be
withheld until closing and conveyance of clear title to the Property free of liens and
encumbrances other than the Permitted Exceptions set out in Schedule(s) B of the
title policy. The parties agree the Initial Deposit tendered represents 90% of the
City's determination of the just compensation owed to the Grantor for the Fee Title
interest to be acquired. The parties agree that the Initial Deposit will be deducted
Possession and Use Agreement (Thomas Parcel)
Page 1 of 4
from any final settlement amount, award, verdict or judgment which may be
arrived through condemnation. In the event the final award, verdict or judgment
for the Fee Title is less than the Initial Deposit, then the Grantor agrees that the
Initial Deposit tendered represents an overpayment and that the City is entitled to a
refund of the difference between the award, verdict or judgment and the Initial
Deposit tendered. In addition, the parties agree that in the event that Special
Commissioners or other official fact finders make specific awards to the different
interest holders in the property, Grantor will refund to the City within fourteen (14)
days the difference, if any, between the Initial Deposit tendered hereunder to
Grantor and the aggregate amount specifically awarded to Grantor. Grantor agrees
that, to the extent Grantor has lienholders with any interest in the proceeds of a
condemnation against the Property; Grantor will be responsible for paying off said
lienholders interests up to the amount being deposited herewith. The City will be
entitled to take possession and use of the Property upon tender of payment of the
Initial Deposit. The parties agree that any condemnation Special Commissioners'
hearing, if necessary, shall not be held prior to September 1, 2009 nor later than
December 31, 2009. If the Commissioners Award is greater than the Initial Deposit,
the City agrees to deposit the difference with the Court on or before fourteen (14)
days after the date of the aforesaid hearing. The date of taking for eminent domain
purposes shall be the date of execution of this Agreement. Upon accepting the
City's tender of the Initial Deposit described in this paragraph, Grantor
acknowledges that the City is entitled to an offset of any award made by the Special
Commissioners, and for purposes of Tex. Prop. Code. 21.021, the City need only
subsequently deposit the difference, if any, between the Special Commissioners'
Award and the Initial Deposit.
3. The purpose of this Agreement is to allow the City to proceed with its construction
of the Project without delay.
4. This Agreement will also extend to and bind the heirs, devisees, executors,
administrators, legal representatives, successors and assigns of the parties. Grantor
represents and warrants that they are the fee simple owners of the Property, and are
authorized to enter into this Agreement.
5. It is agreed the City will record this document in the Official Records of Williamson
County, Texas.
6. It is agreed that this Agreement shall immediately become null and void upon either
the conveyance by Grantor of the Property by separate deed document or upon
tender by City of the difference, if any, between the amount of the Special
Commissioners' award and any amounts already tendered to Grantor pursuant to
this Agreement into the registry of the County Court of Williamson County, Texas.
To have and to hold the Agreement herein described and conveyed, together with
all the rights and appurtenances belonging to the City and its assigns forever, for the
purposes and subject to the limitations set forth above.
IN WITNESS WHEREOF, this instrument is executed on this the I Ada y of
2009.
Grantor (Owner):
Ray F. DICinas, Jr. Marilyn Al Thomas
Accepted and agreed to by the City this the day of .2009.
City of Georgetown, Texas
E
George G. Garver, Mayor
Possession and Use Agreement (Thomas Parcel)
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on June A61 2009 by
Ray F. Thomas, Jr.
Notary Public in and for The State Texas
""•"��"- JENNIE CLOTHILDE SMITH
STATE OF TEXAS ) } Notary Public, State of Texas
My Commission Expires
COUNTY OF WILLIAMSON ) March 31, 2013
This instrument was acknowledged before me on June r � " 2009 by
Marilyn Ann Thomas.
STATE OF TEXAS
COUNTY OF WILLIAMSON
otary Public in and for The State of Texas
/e-1V"'Pis JENNIE CLOTHILDE SMITH
Notary Public, State of Texas
My Commission Expires
March 31, 2013
This instrument was acknowledged before me on , June, 2009 by George G.
Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on
behalf of said municipal corporation.
rotaryPublic tandor The State of Texas
AFTER RECORDING, RETURN TO:
.... ay JENNIE CLOTHILDE SMITH
Georgetown Utility Systems c:r"
Notary Public, State of Texas
My Commission Expires
ATTN: Terri Glasby Calhoun, Paralegal=,;:,c`
•; a",�•' March 31, 2013
P.O. Box 409
Georgetown, Texas 78627
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on June . 2009 by
Ray F. Thomas, Jr.
Notary Public in and for The State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on June 2009 by
Marilyn Ann Thomas.
Notary Public in and for The State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on June, 2009 by George G.
Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on
behalf of said municipal corporation.
Notary Public in and for The State of Texas
AFTER RECORDING, RETURN TO:
Georgetown Utility Systems
ATTN: Terri Glasby Calhoun, Paralegal
P.O. Box 409
Georgetown, Texas 78627
EXHIBIT "A"
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
November 14, 2008
Surveyor's Field Notes for:
0.050 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 497, Williamson
County, Texas, embracing a called 0.05 Acre tract conveyed to Ray F. Thomas, Jr. in Document
No. 9923758, Official Public Records of Williamson County, Texas, and being more particularly
described as follows:
BEGINNING at an "X" in rock found at the northeast corner of said 0.05 Acre tract, being the
southeast corner of a public roadway known as Rock Street as per Plat Book 2, Page 95, Plat
Records of Williamson County, Texas, being the southwest corner of a called 0.273 Acre tract
conveyed to David M. Jabour and Margaret Jabour in Clerk's File No. 2005074444, Official
Public Records of Williamson County, Texas, and bearing S 02" 43' 39" E — 75.09' from a steel
spindle found on the south line of Morrow Street, for the northeast corner of the herein
described tract;
THENCE, in a southerly direction, with the west line of a called 0.16 Acre tract conveyed as
Tract I to Michael E. Mersiosky in Volume 2670, Page 654, Deed Records of Williamson
County, Texas, S 02" 37' 17" E — 44.57' (Record S 02" 39'45"E — 44.57), to a ''/2" iron rod found
at the southeast corner of said 0.05 Acre tract, being the northeast corner of a called 8.6962
Acre tract conveyed to Duke's Smokehouse, Ltd. in Clerk's File No. 2002069811, Official Public
Records of Williamson County, Texas, for the southeast corner of the herein described tract;
THENCE, in a westeriy direction, with the north line of said 8.6962 Acre tract, S 87° 04' 16" W —
48.71' (Record S 87" 09'37" W — 48.86), to a '/2" iron rod found, being the southeast corner of a
--lled 0.96 Acre tract conveyed to Pluchea Property, L. P. in Clerk's File No. 2004082140,
ficial Public Records of Williamson County, Texas, for the southwest corner of the herein
..scribed tract;
THENCE, in a northerly direction, with the east line of said 0.96 Acre tract, N 020 37' 15" W —
44.73' (Record N 02" 29'51" W— 44.73), to a '/" iron rod found at the southwest corner of said
Rock Street, for the northwest corner of the herein described tract;
THENCE, in an easterly direction, with the south line of said Rock Street, N 87° 15' 47" E —
48.71' (RecordN 87" 20' 10" E— 48.73), to the POINT OF BEGINNING and containing 0.050 Acre
of Land.
This project is referenced to the City of Georgetown Coordinate System, an extension of the
Texas Coordinate System of 1983, Central Zone. All distances are horizontal surface distances
unless noted and all bearings are grid bearings. All coordinates are referenced to City
Monument No. GT04. The theta angle at City Monument No. GT04 is 01'21'47". The combined
correction factor (CCF) is 0.99990229. Grid distance = Surface distance X CCF. Geodetic
north = Grid north + theta angle. Reference be from City monument No. GT04 to the northeast
comer of this 0.050 acre tract is N 25"38'18" E 5412.94 feet. Published City coordinates for
project reference point GT04 are N. = 10,203,828.6635 E. = 3,128,836.4536.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the herein
described 0.050 Acre tract.
Surveyed October 5, 2007
.L COUNTY SURVEYING, INC.
300 -749 -PLAT
samerlpmjwVpro80001998000N98O8759808702-3.doc
Charles C. Lucko
Registered Professional
Registration No. 4636
Surveyor
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Council Meeting Date: July 14, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBIECT:
Consideration and possible action for the award of the annual bid for the annual bid for Cold Pour
Crack Sealer to Allstates Coatings, Gladewater, Texas in the amount of $46,612.50. - Mark Miller,
Transportation Manager, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
Bids were received to provide the City with cold pour crack sealer for a one-year period
beginning July 2008 The staff recommendation is to award this bid to the low bidder
responding, Allstates Coatings, Gladewater, Texas.
This cold pour crack sealant will be used for asphalt street maintenance/repair and is
ordered in 55 gallon drums on an as needed basis.
GTAB RECOMMENDATION:
This estimated amount did not warrant GTAB approval.
STAFF RECOMMENDATION:
Staff recommends award of the bid to Allstates Coatings.
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Streets General Fund:
100-5-0846-52-911
ATTACHMENTS:
Bid Tab
Funds
Street Maintenance
Actual
$46,612.50
Submitted By: Mark Miller,
Transportation Services Manager
Budget
for Utility
Available
Budget
Balance
$48,798.60
Bid 29048
Cold Pour Crack Sealer
for City of Georgetown
July 1, 2009 - June 30, 2009
UNIT PRICE
Estimated Annual Total
*Recommended Vendor - Allstates Coating, Gladewater, Texas
No Response
Acme Bridge, Inc., AGH2O Holdings, Alliance Realty Advisors, Alex Commercial Contractor,
AusTex Dev., Austin Asphall, Austin Engineering, Austin Filter Systems, Capitol Concrete
Contractors, CDC New/Publishing, Champion Site Prep, Chasco Constructors, Construction
Data, Contract Land Staff, Cutler Repaving, Dan Williams, Co., DIJ Construction, Ella
Construction, Ellis -McGinnis Construction, Ergon Asphalt, EZ Seal, FT Woods, Fugro
Consultants, Georgetown Transport., H Deck Construction, Heart of TX, Hoover Construction,
J Paul Aubin, Jewell Concrete Products, Joe Bland Construction, Jones 8 Carter, KC
Construction, Lewis Contractors, Lone Star Ready Mix, Longhorn International, McLean
Construction, Meyer Construction, Miller Contracting, Professional Turf Products, RGM
Constructors, RGT Engineenng, Rogers Construction, RTI, SemMatenals, Sherwin Williams
Paint, Sign 8 Safety Supplies, Steel Effects, Superior Crushed Stone, TX Rock Hounds,
Grainger, Ziao Trucking
29MBIDTABCOLDCRACK
Bid Kold Flo
Bid Aft -651 IND EZ -7 alternate aftm de
$ 46,612.60 $ 49,369.50 $ 86,750.00
'ALLSTATES
UNIQUE
COATINGS,
EZ SEAL,
PAVING
Gladewater,
VanAlstyne,
MATERIALS,
Description
QTY
UOM
TX
Tx
Cleveland, OH
ALT -651 CRACK COLD POUR
150
DRUM
S 310.75
$ 329.13
$ 445.00
CRACK SEALER OR EQUAL IN 55 GAL. DRUMS
Estimated Annual Total
*Recommended Vendor - Allstates Coating, Gladewater, Texas
No Response
Acme Bridge, Inc., AGH2O Holdings, Alliance Realty Advisors, Alex Commercial Contractor,
AusTex Dev., Austin Asphall, Austin Engineering, Austin Filter Systems, Capitol Concrete
Contractors, CDC New/Publishing, Champion Site Prep, Chasco Constructors, Construction
Data, Contract Land Staff, Cutler Repaving, Dan Williams, Co., DIJ Construction, Ella
Construction, Ellis -McGinnis Construction, Ergon Asphalt, EZ Seal, FT Woods, Fugro
Consultants, Georgetown Transport., H Deck Construction, Heart of TX, Hoover Construction,
J Paul Aubin, Jewell Concrete Products, Joe Bland Construction, Jones 8 Carter, KC
Construction, Lewis Contractors, Lone Star Ready Mix, Longhorn International, McLean
Construction, Meyer Construction, Miller Contracting, Professional Turf Products, RGM
Constructors, RGT Engineenng, Rogers Construction, RTI, SemMatenals, Sherwin Williams
Paint, Sign 8 Safety Supplies, Steel Effects, Superior Crushed Stone, TX Rock Hounds,
Grainger, Ziao Trucking
29MBIDTABCOLDCRACK
Bid Kold Flo
Bid Aft -651 IND EZ -7 alternate aftm de
$ 46,612.60 $ 49,369.50 $ 86,750.00
Council Meeting Date: July 14, 2009 Item No.
AGENDA ITEM COVER SHEET
S T:
Consideration and possible approval of Task Order No. SBE -09-005 with Steger Bizzell of
Georgetown, Texas, for professional engineering services for the Northwest Boulevard
Drainage Improvements - Phase I, to develop drainage improvements to convey storm water
from Northwest Boulevard to IR -35, in an amount not to exceed $ 33,000.00. - Bill Dryden, P.E.,
Transportation Engineer and Thomas R. Benz, P. E., Systems Engineering Director.
ITEM SUMMARY:
Drainage along Northwest Boulevard creates flooding around the businesses located on
the north side of the street between IH -35 and Washam Drive and westward towards East Janis
Drive. This project will consist of Phase I engineering design of improvements along Northwest
Boulevard which will collecting water along Northwest and convey the stormwater through the
properties northeastward to an unnamed tributary flowing under IH -35 and onward to the San
Gabriel River.
City of Georgetown staff has negotiated a Scope of Services and Task Order with Steger
Bizzell for Phase I of this project - all environmental, historical and archeological investigations
and documents; field surveying to determine adequacy of existing ROW/easements; developing
maps and field noted for any additional ROW/easements need; coordination with TxDOT for
discharging the storm water runoff into its ROW and infrastructure; determination and
recommendations for open channel versus enclosed outfall structure and preliminary
engineering design report with an estimate of probably construction costs.
Attached for review and consideration is Task Order No. BSE -09-005 with Steger Bizzell of
Georgetown, Texas, for professional engineering services to develop Phase I of the project.
Included in the Scope of Services are the categories of tasks as listed above.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. SBE -09-005 with Steger Bizzell of
Georgetown, Texas, in an amount not to exceed $33,000.00.
FINANCIAL IMPACT
Attached is the project CII' - Budget and Financial Analysis sheet.
ATTACHMENTS:
Northwest Boulevard Drainage Improvements - CIP- Budget and Financial Worksheet
Task Order No. SBE -09-005 with Exhibits
q), �, � V,
Submitted By: Thomas R. Benz, P.E., U IWi 14gs y�
Systems Engineering Director Assistant ge
for Utility Operations
CIP- Budgetary and Financial Analysis Worksheet
DATE:
PROJECT NAME: NW Blvd Drainage Improvements -Ph 1 7/612009
Systems Engineering
Division/Department: Transportation Services Director Approval
Prepared By: Bill Dryden 7/6/09 Finance Approval ILL - 07/06/09
TOTAL ANNUAL BUDGET
Total Budget
325,000.00
325,000.00
(Current year only)
(includes all previous yrs)
Actual Cost
Agenda
Total Spent
Prior Years
Encumbrance
Item
& Encumbered
% Annual
A
before agenda item
B
A + B
Budget
33,000.00
33,000.00
10%
Right of Way
Consulting
0.00
33,000.00
33,000.00
10%
Right of Way
0.00
0.00
0.00
0%
Construction
0.00
0.00
0.00
0%
Other Costs
0.00
0%
Total Current Year Costs 0.00 33,000.00
Approved
LCUtYrK AUWUN I NUMt31:11
Gy
Total Project Costs I 0.00
Comments:
Total Budget
325,000.00
TOTAL PROJECT BUDGET
325,000.00
(includes all previous yrs)
Prior Years
Current Year
Total Project
% Total
Spent/Encumbered
Costs
Costs
Budget
Consulting
33,000.00
33,000.00
10%
Right of Way
0.00
0.00
0%
Construction
0.00
0.00
0%
Other Costs
0.00
0.00
0%
Total Project Costs I 0.00
Comments:
Project Name: Northwest Boulevard Drainage Improvements; Phase I
Engineering Firm Name: Steger Bizzell
Task Order No. SBE -09-005
Date: 07/01/2009
City's Designated Representative — Bill Dryden, PE
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
This project will consist of engineering design of drainage conveyance facilities to convey storm
water from Northwest Blvd. to IH -35. The conveyance will be through Lot 1, Block A, Texas
L.A.W. Addition; Lots I and 2, Block A of Gateway Northwest and across the 67.23 acre Wolf
property.
Project also includes design of drainage and street improvements along Northwest Boulevard to
collect the storm runoff and divert into the proposed drainage conveyance facilities. The
engineering design will be of sufficient detail to prepare a preliminary cost estimate for the
required drainage improvments.
Engineer intends to use previous design work performed for the Georgetown Housing Authority
wherever feasible.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
Facilitate coordination with the NW Boulevard overpass design firm (Klotz & Associates), as
necessary.
The City shall be responsible for third review and permitting fees (e.g. TCEQ WPAP Application
Fee, TxDOT Utility Permit Fee, etc.)
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Basic services include the following:
Master Services Agreement - Task Order
Version 2.26.2009 Page 1
1) Field surveying and deed research
2) Determine utility locations that may be in conflict
3) Coordinate design of street and drainage improvements with NW Blvd overpass design
firm (Klotz & Associates)
4) Develop Preliminary Engineering Report that details proposed design solution and
preliminary opinion of total probable costs
5) Prepare easement documents, and meet with landowners and attorneys
6) Amend existing construction plans as required
7) Develop NW Boulevard road and drainage improvement construction plans of sufficient
detail to develop at cost estimate
8) Prepare preliminary cost estimate
See Exhibit A for a summary of the estimated hourly fees for each portion of work.
Proposed Project Team:
Project Managers: Perry Steger, PE (design), Jim Cummins, E1T (design)
Design Team: Raul Rodriguez, PE, Johnny Powers
Review Engineer: Perry Steger, PE
Work Schedule:
The schedule for the Services to be performed by the Professional is as follows:
Seventy Five days for completion of this Task Order from date of Approval.
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
® Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $33,000 DOLLARS and 00 CENTS.
Master Services Agreement - Task Order
Version 2.26.2009 Page 2
❑ Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
By:
Name:
George G. Garver
Title:
Mayor
Address:
P.O. Box 409
Georgetown, TX 78627
Phone:
(512)-930-3651
Fax:
(512)-930-3659
E -Mail:
ms@georgetowntx.org
Date:
Master Services Agreement -Task Order
Version 2.26.2009
PROFESSIONAL
Firm Name:Steger Bizzell
By:
Name: P C. teger
Title: resident
Address: 1978 S. Austin Ave.
Georgetown, TX 78626
Phone: (512)-930-9412
Fax: (512)-930-9416
E -Mail: perry.stegef@stegerbizzell.com
Date:
Page 3
EXHIBIT A
NORTHWEST BOULEVARD DRAINAGE IMPROVEMENTS
Task Order: SBE -09-005
Estimated Hourly Breakdown and Schedule of Costs by Task:
June 16, 2009
Preliminary Design Phase
Meetings with City Staff
Field surveying and deed research:
Prepare Preliminary Design / Engineering Report
P.E. Project Mgr. Reg. Surveyor 3 Man Survey Sr. Tech CADD Clerical Fee
3 5 0 0 5 0 0 $1,446
1 2 12 24 0 16 0 $6,414
8 30 0 0 16 8 0 $6,582
Subtotal: $14,442
Schematic Design Phase
P. E.
Project Mgr.
Reg. Surveyor
3 Man Survey
Sr. Tech
CADD
Clerical
Fee
Meetings with City Staff
4
4
0
0
4
0
0
$1,368
Prepare Drainage Easements, meet with landowner, attorneys and appraisers
20
20
16
0
8
4
4
$7,948
Develop preliminary schematic plan and profile, drainage plan, Initial utility conflict
resolution, coordinate with T%DDT
4
16
0
0
32
20
0
$7,308
Prepare Preliminary Cost Estimate
1
8
0
0
0
0
0
$972
Subtotal:
$17,596
Reimbursables:
$962
Grand Total $33,000
Fee Schedule
PE $ 132.00
PM $ 105.00
Sr. Tech $ 105.00
CADD $ 87.00
Clerical $ 65.00
Reg Surveyor $ 110.00
3 Man Crew $ 140.00
EXHIBIT B
STEGER BIZZELI
Rate Schedule
Effective June 26, 2008
(All Rates Per Hour)
Engineer (Principal)
$175.00
Engineer (PE)
$132.00
Registered Surveyor
$110.00
Project Specialist -2
$160.00
Project Manager
$105.00
GIS Technician
$ 90.00
Senior Technician
$105.00
Engineer in Training (EIT)
$105.00
Graduate Engineer
$100.00
Surveyor in Training (SIT)
$ 88.00
Geologist
$110.00
CADD Technician/Draftsman
$ 87.00
Clerical
$ 65.00
Field Inspector
$ 55.00
1 Man Survey
$110.00
2 Man Survey Party
$120.00
3 Man Survey Party
$140.00
4 Man Survey Party
$165.00
GPS Survey Party
$160.00
Technician
$ 95.00
Mileage $0.55/Mile
Note: Expert Witness Fees are charged at 1.5 times hourly rate
Council Meeting Date: July 14, 2009 Item No
AGENDA ITEM COVER SHEET
SUBJ cr: Consideration and possible action to approve Task Order No. TCI -09-005 with
Terracon Consultants Inc., of Austin, Texas, for professional services, related to Rock Street
Pedestrian Bridge and Blue Hole Turn Around in the amount not to exceed $24,000.00. —
Thomas R. Benz, P.E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
The task order will provide construction material testing services on the pedestrian
crossing, concrete trails, and Blue Hole Turn Around. The construction material testing will
include: earthwork, reinforcing steel, on-site concrete and asphalt observation and testing.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. TCI -09-005 with Terracon Consultants Inc.,
of Austin, Texas, for professional services, related to Rock Street Pedestrian Bridge and Blue
Hole Turn Around in the amount not to exceed $24,000.00.
FINANCIAL IMPACT:
Attached is the project Rock Street Wastewater and - Budgetary & Financial Analysis
Worksheet.xls.
ATTACHMENTS:
Rock Street Wastewater and - Budgetary & Financial Analysis Worksheet.xls.
Task Order No. TCI -09-005
Submitted By: Thomas R. Benz, P.E. Brig s, AC
Systems Engineering Director
Capital Improvement Project - Budgetary and Financial Analysis
Consulting
89,10000
89,10000
DATE.
PROJECT NAME:
Rock Street WW Extension and Pedstrian Crossing
3AL16BS
717/2009
Construction
0.00
1,001,262.00 1,001,262.00
Division/Department:
GUS/Wastewater
Director Approval
35,000.00 35,294.00
3%
Prepared By:
Michael Hallmark
Finance Approval
3%
Total Project Costs
18,100.00
TOTAL ANNUAL BUDGET
1,036,262.00
(Current year only)
Actual Cost Agenda
Total Spent
Encumbrance Item
& Encumbered
% Annual
(A) before agenda item (B)
(A + B)
Budqet
Consulting
89,10000
89,10000
9%
Right of Way
238.00
238.00
0%
Construction
0.00
1,001,262.00 1,001,262.00
97%
Other Costs
29400
35,000.00 35,294.00
3%
Total Current Year Costs 89,632.00 1,036,262.00 1,125,894.00
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budnat
660-9-0581-90-085 3AL
Wastewater
686,581 00
11,000.00
281,000 00
33,681.00
24,000.00
660-9-0581-90-085 3AL Terracon Testing
120-9-0380-90-069 6BS Pedestrian Bride
120-9-0380-90-069 68S Turn Around at Blue Hole
120-9-0380-90-069 68S Terracon Testing
Total Budget I 1,036,262.00
*Will require a budget amendment of $336,081 - Bond funded from the 2005 GO bond issue as designated for Pedestrian Crossing
TOTAL PROJECT BUDGET 1,143,994.00 '
(includes all previous yrs)
Total Project I % Total
mbered
Consulting
18,100.00
89,100.00
107,200.00
9%
Right of Way
238.00
238.00
0%
Construction
1,001,262.00
1,001,262.00
88%
Other Costs
35,294.00
35,294.00
3%
Total Project Costs
18,100.00
1.125, 894.00
1,143,994 00
Comments:
Project Name: Rock Street "Hammerhead" and Pedestrian Crossing
Engineering Firm Name: Terracon Consultants Inc.
Task Order No. TCI -09-005
Date: 06-25-2009
City's Designated Representative
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
This project includes the construction of a "hammerhead" at the end of Rock Street and a low-water
pedestrian crossing over the South Fork of the San Gabriel River. The hammerhead pavement
section will include hot mixed asphaltic concrete and reinforced concrete. The project will also
include new curb and gutter, curb ramps, and approxiamtely 30 linear feet of sidewalk along Rock
Street.
The Pedestrian Crossing will be constructed with a reinforced concrete slab foundation with
central stem walls used to construct the pedestrian walkway. Backfill material between the central
stem walls will be crushed gravel (either #57 or #67 stone). Sand bags filled with crushed limestone
base material capped with reinforced concrete and stacked limestone will be located outside of the
stem walls to slope the crossing away from the walkway.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
The City shall provide construction plans and specifications for our use. The City and/or its
representative is responsible for notifying us at least 24 hours in advance of when the requested
services are needed.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Terracon will provide the following construction materials testing services on a "call out" basis as
requested by the City and/or its representative:
• Earthwork Observation/Testing
Master Services Agreement — Task Order
Version 12.1.2008 Page 1
• Reinforcing Steel Observation
• On -Site Concrete Observation /Testing
• Asphalt Observation/Testing
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
® Time and Materials urith Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $24,000 DOLLARS and 0 CENTS.
❑ Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
PROFESSIONAL
Firm Namm
e:Teerran Consultants Irlc.
By:
By: C
/(✓ A /�—'K�
Name:
Name:
David L. Pickett, P.E.
Title:
Title:
Principal
Address:
Address:
5307 Ind. Oaks Blvd, St. E
Austin, 78735
Phone:
Phone:
512-442-1122
Fax:
Fax:
512-442-1181
E -Mail:
E -Mail:
dlpickett@terracon.com
Date:
Date:
06-25-2009
Master Services Agreement — Task Order
Version 12.1.2008
Page 2
Agenda
City of Georgetown, Texas
July 14, 2009
SUBJECT:
Discussion and update regarding the current drought conditions in Georgetown --Paul E. Brandenburg,
City Manager; Jim Briggs, Assistant City Manager of Utility Operations and Glenn Dishong, Water Services
Director
ITEM SUMMARY:
Please see attachments.
FINANCIAL IMPACT:
SUBMITTED BY:
Paul E. Brandenburg, City Manager, Jim Briggs, Assistant City Manager of Utility Operations, Glenn
Dishong, Water Services Director
ATTACHMENTS:
Item Summary
Texas Drought Monitor Chart
Water System Status Charts
Page I of I
http://agendas.georgetown.orgBluesheet.aspx?ItemID=1137&MeetingID-93 7/14/2009
Council Meeting Date: July 14, 2009 Item
AGENDA ITEM COVER SHEET
u8 ECT
Discussion and update regarding the current drought conditions in Georgetown—Paul E. Brandenburg,
City Manager, Jim Briggs, Assistant City Manager of Utility Operations, Glenn Dishong, Water Services
Director
ITEM SUMMARY
The drought in Central Texas started in the fall of 2007. A drought is a period of abnormally dry weather
that persists long enough to produce serious crop damage and water supply shortages. The severity of
the drought depends on the lack of moisture and the duration and size of the affected area. There are five
(5) categories of drought intensity.
DO
Abnormally Dry
Dl
Drought — Moderate
D2
Drought — Severe
D3
Drought — Extreme
D4
Drought — Exceptional
Georgetown is currently in the Extreme/Exceptional range with the balance of July, August, and
September still ahead of us.
Normal rainfall in a calendar year in Georgetown is 28 indies of rain. Our last measurable rainfall event
was on July 1, 2009 when we received 0.1 inches. Over the last sixty (60) days we received a total of 2.3
inches. In 2008, we received a total 19.37 inches of rain. In 2009, we have received 15.45 inches of rain to
date.
Lake Georgetown —18 feet below normal
Normal Level = 791 feet
Current Level = 773 feet
We rely on Lake Georgetown as our point of delivery for all of our water sourced from lakes. The Brazos
River Authority (BRA) is transferring water from Lake Stillhouse to Lake Georgetown at a current rate of
26 million gallons per day (maximum output).
Four public water systems (Georgetown, Round Rock, Brushy Creek, and Chisholm Trail) are currently
pumping more water from the lake than is being transferred into the Lake by the BRA. As a result, Lake
Georgetown's water level will continue to decrease without a significant rain event in the North San
Gabriel drainage basin upstream of the lake.
Edwards Aquifer— 35 feet below normal
Normal Level = 80 feet to 85 feet
Current Level = 49.7 feet
The aquifer is dropping approximately a foot a day. As the aquifer level drops, well output drops.
Georgetown has 8 wells that draw water from the aquifer (6 feed Wastewater Treatment Plants, and 2
provide irrigation water to Sun City).
Water Conservation
Page 1 of 4
We are currently drawing 8 million gallons per day from the Edwards Aquifer ('Phis is currently being
limited by the well levels).
The City of Round Rock and Chisholm Trail also rely on the Edwards Aquifer for a portion of their
water.
Reclaimed Water Irrigation System
The City provides wastewater treatment plant effluent and untreated water from wells for use by large
irrigation customers. The use of effluent has been practiced since 1979 and the most recent addition to
the system will reduce the use of groundwater wells by up to 1 million gallons per day. Current users
are:
• Southwestern University
• Georgetown Country Club
• Parks and Recreation Department
• Sun City Community Association
Water Conservation for Municipal Operations (current)
Although the current stage of Drought Contingency Plan does not call for curtailment of water use, I
have recommended the following steps for all City use:
1) Suspend fire hydrant testing.
2) Suspend washing of City vehicles.
3) Follow the 3 days per week watering schedule for landscape. No irrigation usage on
Mondays. Do not water between the hours of LOAM and 7PM.
4) For non -potable irrigation, use same 3 days per week schedule or less. No irrigation usage on
Mondays. Do not water between the hours of LOAM and 7PM.
Water Conservation for Residents (current)
To encourage wise water usage and as part of our drought contingency plan, residential conservation
water rates for the City of Georgetown are in effect for utility bills mailed from June 1 to October 31.
These rates will be in effect for usage during the months of May through October. At 20,000 gallons of
water consumption for the month, the water rate for City residents increases from $2.25 to $3.00 per
thousand gallons. The inside -City rate goes to $4.50 at 30,000 gallons and to $6.00 at 40,000 gallons usage.
For details on water rates, go to water.georgetown.ore.
The voluntary schedule for the summer allows for outdoor watering no more often than three times each
week between the hours of 7 p.rrL to 10 a.rrL The schedule is based on the last digit of the address
number.
Odd addresses: Tuesday, Thursday, Saturday
Even addresses: Wednesday, Friday, Sunday
The above schedule is for irrigation systems and outdoor sprinklers. Watering with a hand-held hose or
bucket can be done at any time. If residents water only once or twice each week, they are encouraged to
do so on a day according to the above schedule.
Water Conservation
Page 2 of 4
TIE CTCY's DROUGHT CONTINGENCY PLAN
Phase 1—Voluntary water conservation
A. In Effect when City implements residential water conservation rates
B. Customer and City actions.
1. Public communications.
2. Recommend landscape irrigation once per five days based upon address between 7PM and
LOAM.
Phase 11—Mandatory water management.
A. Implemented at discretion of ACM with goal of 25% demand reduction when.
1. Aquifer level 65 feet or lower for five consecutive days, and/or
2. Lake Georgetown level 779.5 feet and no rainfall predicted, and the WCRRWL unavailable for
next 30 days, and/or
3. Water demand exceeds the supply and moderate conservation measures will maintain proper
level of service
B. Customer and City actions.
1. Suspend the use of potable water for the following City municipal operations:
• Vehicle washing
• Street cleaning
• Park irrigation
2. Potable water use limitations apply for all customers, including:
• No washing of paved surfaces, sidewalks, gutters, or driveways
• Do not allow water to run or accumulate in gutters, streets, or drainage culverts
• Suspend hydrant testing
• Washing of vehicles and boats OK at commercial car wash anytime OR is restricted to
the time and days specified for landscape irrigation using a positive shut-off nozzle
• The addition of water to swimming pools, hot tubs, or similar items is restricted to the
time and days specified for landscape irrigation use.
• Addition of water to a pond or fountain to support aquatic life only.
3. Prohibit all water waste including failure to repair a leak in a reasonable amount of time or
allowing irrigation system to create runoff in streets or parking lots.
4. Restrict landscape irrigation to once per five days based upon address between 7PM and LOAM,
except when irrigating
• By means of a hand-held hose or drip irrigation.
• Within the first seven days after new landscape installation.
• At a commercial plant nursery
• During the testing of new irrigation system installation or existing irrigation system
repair.
Phase III—Mandatory water restrictions.
A. Implemented at discretion of ACM with goal of 50% demand reduction when
1. Aquifer level 55 feet or lower for five consecutive days, and/or
2. Lake Georgetown level 766.5 feet and no rainfall predicted, and the WCRRWL unavailable for
next 30 days, and/or
3. Water demand exceeds the supply and aggressive conservation measures will maintain proper
level of service
B. Customer and City actions.
1. No outdoor potable water or raw water use except irrigation of landscape is restricted to the use
of a single hand-held hose or drip irrigation
Water Conservation
Page 3 of 4
Phase IV-Water emergency.
A. Implemented at discretion of ACM with goal of 75% demand reduction when An event occurs where
water demand exceeds the supply and severe conservation measures are required to maintain the
proper level of service.
B. Customer and City actions.
1. Discontinue all outdoor water use
2. Suspend industrial potable water use.
3. City shall arrange for the emergency purchase of water from neighboring utilities
ATTACHMENTS
1. Water System Status Charts
2. Texas Drought Monitor Chart
Water Conservation
Page 4 of 4
U,*'. D.Paug... Maaftaw.
Texas
Drought Conditions (Percent Area)
None DO -D4 I D1 -D4 D2 -D4 �
Current
37.7
62.3
39.4
28.8
22.4
14.1
Last Week
28.2
71.8
38.4
27.9
20.0
11.1
(06/30/2009 map)
3 Months Ago
14.9
85.1
68.2
50.6
25.1
11.5
(04/14/2009 map)
Start of
Calendar Year
41.7
58.3
24.5
15.0
9.1
4.2
(01/06/2009 map)
Startof
Water Year
67.2
32.8
20.5
11.0
3.6
0.0
(10/07/2008 map)
One Year Ago
12.4
87.6
64.0
44.9
22.6
4.6
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Local conditions may vary. See accompanying text summary
for forecast statements.
http://drought.uni.edu/dm
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Council Meeting Date: February 10, 2009 Item No. LL
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and Possible action to authorize the Mayor to sign an agreement clarifying the
responsibilities between parties related to the construction of roadway connections into Fire Station #5
located within the boundaries of Sun City and Somerset Developments. Jim Briggs, Assistant City
Manager for Utility Operations
ITEM SUMMARY:
The developers of Sun City and Somerset Developments have been working for several months to finalize
coordination issues related to each developer's responsibilities as to the separation of the developable tracts.
In conducting this effort, the clarification of each others responsibilities related to the construction of ingress
and egress from Fire Station #5 has been at issue. We received a request in late April to consider executing a
letter agreement between parties to assist in putting this issue to rest. Attached is that agreement and staff has
reviewed the contents and is comfortable with its execution. Legal staff (Kerry Russell) has considered the
validity of executing such a document and has cleared that such an execution is appropriate. I also asked
Trish Carls to review the document for accuracy as to form. Staff is recommending Council authorize the
Mayor to execute the document so that this issue can be resolved and the Developers can close other real
estate matters waiting for the City to complete this action.
FINANCIAL IMPACT:
All capital construction work related to this approval will be at costs born by the developer at the
time required per Georgetown Construction, Development Standards and as stipulated in standing
Development Agreements already in force.
ATTACHMENTS:
Agreement Document
Submitted By: Jim Briggs,
Assistant City Manager
for Utility Operations
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
This is an agreement (this "Agreement") related to the construction of a fire station emergency
access road, and is between the City of Georgetown, Texas, a home -rule city located in
Williamson County, Texas (the "City"), and Del Webb Texas Limited Partnership, an
Arizona limited partnership ("Del Webb"), and Somerset Hills, Ltd., a Texas limited
partnership ("Developer").
WHEREAS, Del Webb and the City have previously entered into that certain "Development
Agreement Concerning Proposed Subdivision and Construction of Master Planned Community
by Del E. Webb Development Co., L.P." dated February 14, 1996 (the "Development
Agreement") conceming that certain real property more particularly described in the Agreement
and located within in the extra -territorial jurisdiction ("EV") of the City;
WHEREAS, the Development Agreement has been previously amended numerous times to
accurately reflect the changing developed conditions of the development; and
WHEREAS, the City and Del Webb desire to modify Section 9 of the Eighth Amendment related
to the construction of an emergency access road to a fire station (the "Fire Station Emergency
Access Road Construction Obligations") as provided herein. Section 9 of the Eighth
Amendment is attached hereto as Exhibit A. This Agreement is entered into under the statutory
authority of Section 212.172 of the Texas Local Government Code ("TLGC").
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, conditions
and promises contained here, the City and Del Webb and Somerset hereby agree as follows:
1. Fire Station Access Road. Del Webb and Somerset each have independent obligations
relating to the construction of an access road (the "Fire Station Emergency Access Road") to a
to -be -built fire station, as set out in their respective agreements with the City. Somerset and Del
Webb have executed an agreement whereby Del Webb assigns to Somerset, and Somerset
assumes, a portion of Del Webb's obligation to complete the construction of the Fire Station
Emergency Access Road as contained in Section 9 of the Eighth Amendment. Del Webb and
Somerset have agreed as among themselves, that Somerset, and not Del Webb, shall be obligated
to construct that portion of the Fire Station Emergency Access Road extending from a point
which is twenty feet (20') out of the 100 year flood plain on the south side of Cowan Creek to
the closest public road in the Northern Lands (as defined in the Eighth Amendment), as shown
on Exhibit B attached hereto. Del Webb remains obligated to construct the Fire Station
Emergency Access Road from the fire station to a point which is twenty feet (20') out of the 100
year flood plain on the south side of Cowan Creek.
2. Construction Standards. The Fire Station Emergency Access Road will include a one -
lane bridge over Cowan Creek and, except as modified in this paragraph, will be constructed
according to the standards and timing set out in Section 9 of the Eighth Amendment. The City
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
1:Vim\somerset\Fire Station Access Road Constmction Agreement.doc
and Somerset agree that the roadway will be twenty feet (20') wide, elevated to applicable City
standards for bridge construction over a one -hundred (100) year flood plain and be completed as
set out in Section 9 of the Eighth Amendment.
3. Modification. This Agreement modifies the rights of the City to enforce its rights under
the Development Agreement, and the City waives its rights to require Del Webb to construct that
portion of the Fire Station Access Drive which is now the responsibility of Somerset as provided
in Section 1 above.
4. Consent. By its signing below, the City (i) consents to this assignment/assumption
agreement, (ii) will look exclusively to each party for the performance of its separate Fire Station
Emergency Access Road Construction Obligations as set out in Paragraph 1 above. The City
also agrees not to condition any future development approvals sought by Del Webb upon the
performance of Somerset's Fire Station Emergency Access Road Construction Obligations.
EXECUTED this day of 12009.
ATTEST: THE CITY OF GEORGETOWN:
Un
Jessica Hamilton, Acting City Secretary
Approved as to form:
IM
Patricia E. Carls, City Attorney
IM
George Garver, Mayor
AGREEMENT REGARDING DEVELOPMENT AGREEMENT
):Vim\cornmet\Fire Station Access Road Construction Agreement.doc Page
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the day of
2009, by George Garver, Mayor of the City of Georgetown, Texas, a home -rule city, on behalf of
the City.
Notary Public, State of Texas
EXECUTED this day of 2009.
DEL WEBB LIMITED PARTNERSHIP,
an Arizona limited partnership
Bv:
Printed Name/Office:
STATE OF
wililaflw"s
ACKNOWLEDGED BEFORE ME by the
Webb Limited Partnership, an Arizona limited partnership, on this
2009, on behalf of said partnership.
Notary Public, State of
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
J:Uimisommet\Fire Station Access Road Construction Agreement.doc
said
of Del
day of
s
EXECUTED this day of 12009.
SOMERSET HILLS, LTD.,
a Texas limited partnership
By: Somerset Hills Management, L.L.C.,
a Texas limited liability company,
its General Partner
By:
Robert D. Wunsch, President
STATE OF TEXAS
COUNTY OF TRAVIS
ACKNOWLEDGED BEFORE ME by the said Robert D. Wunsch, President of Somerset
Hills Management, L.L.C., a Texas limited liability company, General Partner of SOMERSET
HILLS, LTD., a Texas limited partnership, on this day of
2009, on behalf of said company and partnership.
Notary Public, State of Texas
AGREEMENT REGARDING DEVELOPMENT AGREEMENT
JNim\somersettRre Station Access Road Construction Agreement.doc Page
EXHOIT A
COPY OF SECTION 9 OF EIGHTH AMENDMENT
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
1:Vim\somerset\Fire Station Access Road Construction Agreement.doc
11111!11111111111111111111111111111111111111111 IIIA IN 1111 ----------
34 PGS
STATE OF TEXAS § EIGHTH AMENDMENT TO
§ DEVELOPMENT AGREEMENT
COUNTY OF WILLIAMSON § WITH DEL E. WEBB DEVELOPMENT
§ CO., L.P., CONCERNING THE
CITY OF GEORGETOWN § DEVELOPMENT OF SUN CITY TEXAS
This Eighth Amendment to Development Agreement (the "Eighth Amendment")
is entered into as of the Effective Date specified below, by and between the City of
Georgetown, a Texas Home Rule Municipal Corporation ("City") and Del Webb Texas
Limited Partnership, an Arizona limited partnership ("Del Webb").
WHEREAS, Del Webb Texas Limited Partnership, as successor in interest to Del
E. Webb Development Co., L.P., and the City are parties to that certain Development
Agreement Concerning Proposed Subdivision and Construction of Master Planned
Community by Del E. Webb Development Co., LLP dated February 14, 1995, and
amended by the First Amendment to Development Agreement dated December 12, 1995,
Second Amendment to Development Agreement dated September 23, 1997, Third
Amendment to Development Agreement dated November 10, 1998, Fourth Amendment
to Development Agreement dated September 28, 1999, Fifth Amendment to
Development Agreement dated May 24, 2000, Sixth Amendment to Development
Agreement dated February 27, 2001 and Seventh Amendment to Development
Agreement (the "Seventh Amendment') dated June 1, 2003 (collectively, the
"Development Agreement").
WHEREAS, under the Seventh Amendment, the City and Del Webb reduced the
City's commitment of water and wastewater capacity for the Project in the Development
Agreement to the capacity required for 5,000 age restricted units and addressed the
remainder of the water and wastewater capacity for any greater number of residential
units above 5,000 units in a separate Water and Wastewater Agreement;
WHEREAS, since the time of the Seventh Amendment, Del Webb has closed on
a sale of 1,202.68 acres (the "Northern Lands" or the "Released Lands" described by
metes and bounds on Exhibit "C") to another owner, and both Del Webb and the new
owner of the 1,202.68 acres desire to remove the 1,202.68 acres of land from the Seventh
Amended Concept Plan as well as from the Development Agreement; and
WHEREAS, Del Webb has developed or is the owner of 4,065.2 acres of land
that is described by metes and bounds on Exhibit "A" and shown by sketch on Exhibit
"A -I" which land is referred to herein as Del Webb Sun City Land; and
WHEREAS, the City and Del Webb wish to enter this Eighth Amendment to
remove 1,202.68 acres of land from the Concept Plan, the Development Agreement, and
the Project; address the water and wastewater capacity necessary for an additional 2,500
age -restricted residential units; ; address the payment of SIP Fees by Del Webb for said
additional 2,500 age -restricted residential units; set the "build -out' at 7,500 age -
restricted residential units on the Del Webb Sun City Land; terminate the Water and
Wastewater Agreement; revise the PUD Standards applicable to the Del Webb Sun City
Land; and to further amend the Development Agreement as set forth below;
WHEREAS, the City and Del Webb also desire to clarify that the term "Project"
shall mean an age restricted (age 55 and older) master planned residential development
consisting of 7,500 age -restricted residential units and associated recreational and support
facilities situated on Del Webb Sun City Land that is in compliance and consistent with
the Development Agreement, this Eighth Amendment, the Eighth Amended Concept
Plan, the City's Century Plan, and any final plats for all or a portion of said 4,065.2 acres
of land.
NOW, THEREFORE, for and in consideration of the promises and mutual
agreements set forth therein, the City and Del Webb hereby agree as follows:
1. Revised SIP Fee for 5.001" — 7,500'h Unit. For each residential unit
building permit within the Del Webb Sun City Land, beginning with the 5,001"
residential unit and continuing up to the 7,500w residential unit, Del Webb agrees to pay
the following:
A. a water/wastewater SIP Fee equal to Five Thousand, Five Hundred and
Five Dollars ($5,505), less a credit for Stranded Costs paid pursuant to the
Seventh Amendment equal to Two Thousand Nine Hundred and Sixty
Eight Dollars ($2,968), for a net water/wastewater SIP Fee equal to Two
Thousand Five Hundred and Thirty Seven Dollars ($2,537);
B. plus a Fire SIP Fee equal to Six Hundred and Thirty Dollars ($630);
C. plus a parkland fee equal to one-half of the City's standard parkland fee in
effect at the time Del Webb requests the building permit, with Del Webb's
one-half share being currently equal to One Hundred and Twenty Five
Dollars ($ 125),
Resulting in a total combined SIP Fee paid by Del Webb equal to Three
Thousand, Two Hundred and Ninety Two Dollars ($ 3,292) per residential unit
building permit, subject to future adjustments of the parkland fee component as
specified in sub -paragraph C above. Del Webb's obligation to pay the SIP Fee
specified in the Seventh Amendment through the 5,000' residential unit is not
modified or amended by this Eighth Amendment.
2. Acceleration of Del Webb's Obligation to Pay Stranded Costs. Del
Webb agrees to pay the remaining principal amount of the Stranded Costs Fees due under
Paragraph 2 of the Seventh Amendment within forty-five (45) days after the date the
Effective Date of this Agreement, which payment shall be calculated in accordance with
Paragraph 3.C. of the Seventh Amendment. Upon Del Webb's payment of the remaining
Stranded Costs Fees, the City shall return to Del Webb the Fiscal Assurance for Stranded
Costs previously delivered by Del Webb to the City and Del Webb shall have no further
obligation in relation to the Stranded Costs or any fiscal surety posted in connection
therewith.
2
3. Potable Water, Non -Potable Water, and Wastewater Treatment
Capacity; Traffic Impact Analysis Mitigation Plan. Paragraph 5 of the Seventh
Amendment is hereby deleted and substituted in its entirety with the following:
Del Webb and the City have agreed that the estimated total needs for the 7,500
age restricted units on the Del Webb Sun City Land are as follows:
Potable Water: 3,845 Acre Feet per Year
Non Potable Water: 3,895 Acre Feet per Year
Wastewater: 1.88 Million Gallons per Day
(based on 7,500 age restricted units at 140 gallons per day per connection
and a 1.2 monthly flow peaking factor and a 30 -day average).
The City agrees to make the foregoing available to Del Webb for the Del Webb Sun City
Land as and when the SIP Fees required to be paid under the Seventh Amendment and
the Eighth Amendment are paid by by Del Webb, which obligation is conditioned only
on the requirement that Del Webb be in compliance with the terms of the Development
Agreement and this Eighth Amendment, including the obligation to pay SIP Fees as when
required to be paid under the Seventh Amendment and the Eighth Amendment. In no
event will Del Webb have any obligation to pay or reimburse the City for any offsite
utilities or infrastructure in connection with such utility capacity or to pay any impact
fees, except for Del Webb's obligation to pay the SIP Fees and Stranded Costs Fees
specified in the Seventh and Eighth Amendment, and Del Webb's obligation to make or
pay for its pro rata share of the improvements required in the Traffic Impact Analysis
Mitigation Plan approved by the City in connection with this Eighth Amendment (the "8°i
Amendment TIA"). Del Webb will pay its pro rata share specified in the 8`" Amendment
TIA for each such improvement in the same City fiscal year that the construction of such
improvement is funded in a City budget, provided that within thirty (30) days after the
City's approval of the final plat for the last neighborhood of the Del Webb Sun City
Land, Del Webb will pay its pro rata share of any remaining improvements not yet paid
for. In no event will Del Webb's total obligation exceed the amount specified in the 8`"
Amendment TIA. In no event will the City have any obligation to provide additional
utility capacity to Del Webb for the Del Webb Sun City Land.
4. Eighth Amended Concept Plan. On March 28, 2006, the City Council
approved Del Webb's application for an Eighth Amended Concept Plan, attached
hereto as Exhibit "B" for 4,065.2 acres of land. The Eighth Amended Concept Plan is
hereby substituted as the Concept Plan under the Development Agreement in lieu of the
Seventh Amended Concept Plan. The City agrees that the Development Regulations
applicable to the development of an age -restricted community (age 55 and over)
consisting of 7,500 residential units on the Del Webb Sun City Land remain identical to
those in effect as of the date Del Webb submitted its application for the Sixth Amended
Concept Plan, except as modified by Paragraphs 7 and 8 below.
3
S. Release of Land from Development Aereement. All land not included
within the Eighth Amended Concept Plan, including the 1,202.68 acres described in
Exhibit "C" attached hereto, is hereby released from the Development Agreement, the
Concept Plan, and from the Project. In the event Del Webb reacquires title to such land,
then Del Webb agrees that it shall have no rights under the Development Agreement, the
Concept Plan, or any of amendments thereto, to develop such reacquired land, and that
such rights, if any, shall be as provided in the City's Unified Development Code and all
other applicable City ordinances, policies, regulations, and requirements all as in effect at
the time of submittal of an application for development of any said reacquired (or other)
lands.
6. Termination of Water and Wastewater Aereement. The Water and
Wastewater Agreement by and between Del Webb and the City, dated June 1, 2003 is
hereby terminated and of no further force or effect, provided that in the event the owner
of the Northern Lands does not receive City approval of its pending application for the
Northern Lands known as "Application No. CPA -2006-002 filed on February 17, 2006
for a Century Plan Amendment to change the proposed land use from Residential and
Williams Drive Mixed Use to Office/Retail/Commercial, Residential and Mixed Use and
Intensity Levels from 2 to Level 3 (1,828 acres), Level 4 (213 acres), and Level 5 (290
acres) for the Northern Lands" within sixty (60) days of this Agreement, then the City
will allow Del Webb to assign to the owner of the Northern Lands the remaining rights
and duties set forth in the Water and Wastewater Agreement after subtracting from the
Water and Wastewater Agreement the marginal increase in potable water, non -potable
water and wastewater commitments contained in this Eighth Amendment, as compared to
the potable water, non -potable water and wastewater commitments contained in the
Seventh Amendment. It is agreed that the remaining capacity that may be assigned to the
owner of the Northern Lands is 220 acre feet of potable water, 148 acre feet of non -
potable water, and 0 (zero) MGD for wastewater under Paragraph 1 of the Water and
Wastewater Agreement, plus the "Additional Supply" established in Paragraph 2 of the
Water and Wastewater Agreement, subject to the rates and other terms and conditions of
the Water and Wastewater Agreement. Paragraph 4.13 of the Seventh Amendment is
hereby deleted and of no further force or effect.
7. Amendment to PUD Standards. Exhibit "G" to the Development
Agreement is hereby amended to revise the standards applicable to Cluster (Garden) and
Zero Lot Line homes. The new Exhibit "G" is attached hereto and replaces the prior
Exhibit "G" in its entirety.
8. Connectivity. The connectivity requirements of both the Subdivision
Regulations and the Unified Development Code applicable to development of the Del
Webb Sun City Lands shall be varied/waived as shown on the attached Exhibit "G. "
Paragraph 9 of the Seventh Amendment is hereby deleted and of no further force or
effect.
9. Second Fire Station Site. Del Webb agrees to donate to the City approximately
two (2) acres of land for a second fire station within the Del Webb Sun City Lands in the
approximate location shown on the 8h Amended Concept Plan and having driveway
4
access to a public street. Del Webb further agrees to construct an emergency access road
connecting the fire station to the Northern Lands in a manner that meets the City's
construction standards, and to dedicate the emergency access road to the City upon
completion of construction and acceptance of the emergency access road by the City.
The land for the fire station site shall be conveyed to the City by Special Warranty Deed
no later than the date that the 6,000'' residential unit receives a building permit, and Del
Webb shall complete construction of the emergency access road to the Northern Lands on
or before the date that the developer of the Northern Lands completes the construction of
the public street to which such emergency access road will have access. The emergency
access road connecting the fire station site to the Northern Lands shall be limited to use
only by emergency service vehicles and shall be designed and constructed so as to
physically discourage use by non - emergency vehicles.
10. Miscellaneous. Except as expressly modified by this Eighth Amendment,
the Development Agreement (including but not limited to the Seventh Amendment)
remains unchanged and in full force and effect. All capitalized terms used herein and not
otherwise defined shall have the same meaning ascribed to them in the Development
Agreement. This Eighth Amendment may be executed in multiple counterparts, each of
which shall be deemed an original. The foregoing recitals to this Eighth Amendment are
hereby found to be true and correct and are incorporated herein for all purposes.
This Eighth Amendment and its execution by the Mayor, Mayor Pro Tem or the
City Manager or was approved and authorized by the City Council of Georgetown on
March 28, 2006 (the "Council Approval Date"), to be effective when signed b the
representatives of the parties below. This Eighth Amendment was SIGNED this
day of V\ aAA 2006 ("Effective Date").
The City of Georgetown:
.,40 0--X4 �Z�-
Doug Sm h, Mayor Pro Tem
ATTEST: c�
City Secretary
A7�64
V`ED'STO%FORM:
LCcJL(C/ L
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Del Webb Texas Limited Partnership:
By: Del Webb Southwest Co.
Its: General Partner
6�a L A)r l AJ%4A.7w� —
Gary Newman, Vice President
A
Todd Jansse Vice sident
APPROVED AS TO FORM:
1-1
Phillip Schmandt, Esquire J
5
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _day of
Rr\a,4 , 2006, by Doug Smith, a person known to me, in his capacity
as Mayor P o Tem of the City of Georgetown, a Texas Home Rule Municipal
Corporation, on behalf of the City of Georgetown.
ff
SMILEY I RINN Not lic in a f r h State of Texas
Notary Pudic. State of Taxes
MY com isaion E1�MN
May 26, 2009
STATE OF TEXAS
I:Ty 4Z[OWN 4:110Z
COUNTY OF WILLIAMSON
j'his instrument was acknowledged before me on this the a'l day of
, 2006, by Gary Newman, as Vice President of Del Webb
Soutl1west Co., the general partner of Del Webb Texas Limited Partnership, on behalf of
said limited partnership.
Notary Public in and for flik State of Texas
AFTER RECORDING:
PLACE IN CITY OF GEORGETOWN BOX
EXHIBIT B
MAP SHOWING LOCATION OF FIRE STATION EMERGENCY ACCESS ROAD
AGREEMENT REGARDING DEVELOPMENT AGREEMENT
J:Vim\sommel\Fire Station Access Road Constmction Agreemmi.doc Page
my.
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LAND USE SUMMARY
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EXHIBIT A ......... ........__
_....
Council Meeting Date: July 14, 2009 Item No. y
AGENDA ITEM COVER SHEET
SUBIECT:
A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS APPROVING A CHANGE IN THE
TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A
RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS
MUNICIPALITIES ("ATM"); FINDING THAT THE RATES SET BY THE ATTACHED TARIFFS
TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE
OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY
OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
ITEM SUMMARY:
On March 6, 2009 Atmos Energy filed with the City Secretary for an increase of about $24
million but the net increase was approximately $15 million due the termination of a charge from the
2007 Rate Review Mechanism of $9 million. The City participated in the review of the filing as a
member of the Atmos Texas Municipalities ("ATM"), a coalition of over fifty cities. ATM's experts
spent almost four months asking Atmos for information and interviewing Atmos' management
about various cost -related issues.
On June 10, 2009 ATM, lead by Connie Standridge, City Manager for Corsicana, met with
the Atmos' negotiating team. ATM offered to settle for a net increase of $2.6 million. About ten days
later Atmos agreed to the settlement offer. For typical residential customers it means that rates
would increase by 15 cents per month. ATM also agreed to a change in the Gas Cost Recovery
("GCR") tariff in order to allow certain costs related to financial hedging of gas costs to be included
in periodic fuel adjustments. ATM also agreed to a change in the Conservation Energy Efficiency
("CEE") tariff to allow for conservation measures up to $1,500 per household. This program is
limited to senior citizens and customers of modest means. The settlement allows for less than 18% of
Atmos' requested net increase to be implemented. The new rates would take effect on August 1,
2009.
STAFF RECOMMENDATION:
The ATM Steering Committee recommends the adoption of the attached tariffs which have been
reviewed by its rate experts.
FINANCIAL IMPACT:
SPECIAL CONSIDERATIONS:
ATTACHMENTS:
Resolution
Attachment "A" Tariffs
Submitted By:
for Utility
RESOLUTION NO.
A RESOLUTION OF THE CITY OF GEORGETOWN,
TEXAS APPROVING A CHANGE IN THE TARIFFS OF
ATMOS ENERGY CORPORATION, MID-TEX DIVISION
C'ATMOS") AS A RESULT OF A SETTLEMENT
BETWEEN ATMOS AND THE ATMOS TEXAS
MUNICIPALITIES (°'ATM"); FINDING THAT THE RATES
SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; FINDING THAT THE MEETING
COMPLIED WITH THE OPEN MEETINGS ACT;
DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THE RESOLUTION TO THE COMPANY
AND LEGAL COUNSEL.
WHEREAS, the City of Georgetown, Texas ("City") is a regulatory authority under the
Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original
jurisdiction over Atmos Energy Corporation — Mid -Tex Division ("Atmos") rates, operations,
and services of a gas utility within the municipality; and
WHEREAS, the City has participated in prior cases regarding Atmos as part of a
coalition of cities known as the Atmos Texas Municipalities ("ATM"), and
WHEREAS, pursuant to the Rate Review Mechanism ("RRM") for 2008 Atmos filed
with the City Secretary on March 6, 2009 for an increase in rates of $24,047,441 with an offset
of $9 million at the expiration of the 2007 true -up resulting in a net increase of $15,047,441.
WHEREAS, for almost four months the experts representing ATM have been analyzing
data furnished by Atmos and interviewing Atmos' management; and
WHEREAS on June 26, 2009, ATM and Atmos entered into a settlement agreement
which provided for a net increase of $2.6 million. This will cause rates to increase by 15 cents
per month for a typical residential customer; and
WHEREAS, the net increase is approximately 17% of the total amount requested.
WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery tariff and
the Conservation Energy Efficiency tariff; and
ATMOS Settlement Agreement Resolution No.
WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of
the attached tariffs, set forth as Attachment A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF
THAT:
Section 1. That the statements set out in the preamble to this resolution are hereby in
all things approved and adopted.
Section 2. The City Council hereby finds that this Resolution implements the utility
Policy Statement 11.0 of the Century Plan — Policy Plan Element, which states: "City owned,
sponsored or managed utilities are competitively priced and provide safe, adequate and reliable
services to all customers. ", and further finds that the adoption of this Resolution is not
inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of
the Administrative Chapter of the Policy Plan..
Section 3. The amended tariffs in Attachment A are hereby adopted to become
effective on August 1, 2009.
Section 4. The meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 5. This Resolution shall become effective from and after its passage.
Section 6. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of Joe T.
Christian, Director of Rates, at ATMOS Energy Corporation, 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816
Congress Avenue, Suite 1120, Austin, Texas 78701.
RESOLVED this
ATMOS Settlement Agreement Resolution No.
day of 2009
ATTEST:
THE CITY OF GEORGETOWN:
Jessica Hamilton, City Secretary George G. Garver, Mayor
APPROVED AS TO FORM:
Patricia E. Carls, Carls, McDonald & Dalrymple LLP
City Attorney
ATMOS Settlement Agreement Resolution No.
ATTACHMENT A
AMENDED TARIFFS
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RATE SCHEDULE:
R — RESIDENTIAL SALES
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2009
PAGE: 29
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
�I��-ice "$
5�.
Customer Charge per Bill
$ 7.00 per month
Commodity Charge — All Mcf
$2.2707 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RATE SCHEDULE:
C — COMMERCIAL SALES
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2009
PAGE: 30
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
$ 13.50 per month
Customer Charge per Bill
Commodity Charge - All Mcf
$ 0.9877 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2001
PAGE: 31
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 425.00 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.2583 per MMBtu
Next 3,500 MMBtu
$ 0.1884 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0404 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Plaffs Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2009
PAGE: 32
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RATE SCHEDULE:
T—TRANSPORTATION
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 0810112001
PAGE: 33
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
�.R 4iM
Customer Charge per Meter
$ 425.00 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.2583 per MMBtu
Next 3,500 MMBtu
$ 0.1884 per MM Btu
All MMBtu over 5,000 MMBtu
$ 0.0404 per MMBtu
Upstream Transportation Cost Recovery: Pius an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Retention Adjustment: Plus a quantity of gas as calculated In accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION REVISION NO: 0
RATE SCHEDULE:
T - TRANSPORTATION
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2009
PAGE: 34
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable Imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
WNA - WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bilis Rendered on or after 08/01/2009
PAGE: 45
Provisions for Adjustment
The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the
cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be
adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization
Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential,
and commercial bills based on meters read during the revenue months of November through April. The
five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Mcf by the following formula:
WNAFI
Where
WNAFI
a
= Ri
(HSFi
(BLi
(NDD-ADD) )
(HSFi x ADD) )
any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Mcf
= base rate of temperature sensitive sales for the ith schedule or
classification approved by the entity exercising original jurisdiction.
HSFi = heat sensitive factor for the ith schedule or classification calculated as the
slope of the linear regression of average sales per bill (Mcf) and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
BII = base load sales for the ith schedule or classification calculated as the y -
intercept of the linear regression of average sales per bill (Mcf) and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
WNA — WEATHER NORMALIZATION ADJUSTMENT
All Cities designated as "Group A" on the Cities Served List
i Bills Rendered on or after 08/01/2009 PAGE: 46
APPLICABLE TO:
EFFECTIVE DATE:
WNA, = WNAFi x qu
Where q,l is the relevant sales quantity for the jth customer in ith rate schedule.
Filings with Entities Exercising Original Jurisdiction
As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather
Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather
Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such
Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer
bills, with customer information deleted, for each rate schedule or classification to which the WNA was
applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA
application, such data will be provided by the Company as part of the annual RRM filing.
If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be
filed with the entities exercising original jurisdiction shall be filed on March 1 of each year.
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Mof Mcf/HDD Mcf Mcf/HDD
Abilene
0.98
.0140
9.64
.0629
Austin
1.30
.0161
20.00
.0815
Dallas
1.60
.0212
20.12
.1018
Waco
1.12
.0139
11.69
.0608
Wichita
Falls
1.12
.0159
11.67
.0649
Sample WNAFI Calculation:
(.0140 x (30-17) )
.3393 per Mcf = 2.2707 x
Where
M&
I = Residential Single Block Rate Schedule
Ri = 2.2707 per MCF
HSFi = .0140 (Residential - Abilene Area)
+ (.0140 x 17) )
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
WNA — WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
All Cities designated as "Group A" on the Cities Served List
EFFECTIVE DATE:
Bills Rendered on or after 08/01/2001
PAGE: 47
NDD = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area — 9/15/06
—10/14/06)
ADD = 17 HDD (Actual HDD for Abilene Area — 9/15106 —10/14/06)
Bli = 0.98 Mcf (Residential - Abilene Area)
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
GCR — GAS COST RECOVERY
APPLICABLE TO:
All Cities Except Dallas
EFFECTIVE DATE:
Bills Rendered on or after 8/112008
PAGE: 68
Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R,
Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount
due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated
in Section (b) below.
The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor
(GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly
volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover
actual gas costs.
The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor
(PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and
Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as
necessary to recover actual gas costs.
(a) Gas Cost
Method of Calculation
The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF),
as determined with the following formula:
GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS)
EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential,
commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided
by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is
limited to 5%.
RF = Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of
interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed
over that same twelve-month period by the estimated total residential, commercial, and industrial
sales for the succeeding October through June billing months. The interest rate to be used is the
annual interest rate on overcharges and under charges by a utility as published by the Public Utility
Commission each December. The interest rate for calendar year 2009 is 2.09%.
Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid -Tex Division
account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the
net Impact of injecting and withdrawing gas from storage. Also includes a credit or debit for
any out -of -period adjustments or unusual or nonrecurring costs typically considered gas costs and a
credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Also includes any
prudently incurred transaction -related fees, gains or losses and other transaction costs associated
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
GCR — GAS COST RECOVERY
APPLICABLE TO:
All Cities Except Dallas
EFFECTIVE DATE:
Bills Rendered on or after 817(2009
PAGE: 69
with the use of various financial instruments that are executed by the Company for the purpose of
price volatility mitigation.
Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial
and Industrial Sales customers, less the total amount of gas cost determined to have been
uncollectible and written off which remain unpaid for each month of the reconciliation period.
Any amount remaining in the reconciliation balance after the conclusion of the period of amortization
will be maintained in the reconciliation balance and included in the collection of the next RF.
Atmos Energy shall file annual reports with the Commission, providing by month the following
amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off,
Gas Cost Collected and Margin Collected.
TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by
the estimated total residential, commercial, and industrial sales.
ADJ = Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the
estimated total residential, commercial, and industrial sales is to be included as a separate line item
surcharge.
(b) Pipeline Cost
Method of Calculation
Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class
listed below. The formula for the PCF is:
PCF = PP I S, where:
PP = (P - A) x D, where:
P = Estimated monthly cost of pipeline service calculated pursuant to Rate CGS
D = Pipeline service allocation factor for the rate class as approved in the Company's most recent
rate case, as follows:
Pipeline Cost Rate Class Allocation Factor (D)
Rate R - Residential Service 634698
Rate C - Commercial Service 302824
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
GCR—GAS COST RECOVERY
APPLICABLE TO:
All Cities Except Dallas
EFFECTIVE DATE:
Bilis Rendered on or after 8/1/2009
PAGE: 70
Rate I - Industrial Service and Rate T - Transportation Service 1 .062478
A = Adjustment applied in the current month to correct for the difference between the actual and
estimated pipeline cost revenue of the second preceding month, calculated by the formula:
A = R - (C - A2), where:
R = Actual revenue received from the application of the PP component in the second preceding
month.
C = Actual pipeline costs for the second preceding month.
A2 = The adjustment (A) applied to the PP component in the second preceding month.
S = Estimated Mcf or MMBtu for the rate class for the current billing month.
The PCF Is calculated to the nearest 0.0001 cent.
The Pipeline Cost to be billed is determined by multiplying the Mof or MMBtu used by the appropriate
PCF. The Pipeline Cost is determined to the nearest whole cent.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION REVISION NO: 0
RIDER: I CEE — CONSERVATION & ENERGY EFFICIENCY
APPLICABLE TO: I All Cities except Dallas
EFFECTIVE DATE: I Bills Rendered on or after 8/1/2009 I PAGE: 84 1
Purpose
Atmos Energy Mid -Tex is proposing to institute a complete Conservation & Energy Efficiency program
which will offer assistance to qualified customer segments in reducing energy consumption and lowering
energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the
allowable expenses incurred annually, with a customer rate component providing the remainder of the
funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid -Tex Division
proposes to work with the communities it serves to develop the details of a new tariff and programs
addressing conservation and energy efficiency.
Synopsis:
Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos
Mid -Tex. Qualified Customers will receive up to one thousand rive hundred dollars ($1,500.00) worth of
caulking, weather-stripping, sheathing, sealing, water heater blankets, related gas plumbing, and like
materials, other energy saving devices such as clock -thermostats, set -back devices ('covered items")
from approved suppliers / retailers including necessary labor.
Company will undertake efforts to enlist support from community groups, including its own Employee
Action Program, to assist customers with Installation. If it is determined that professional installation
capabilities are necessary, the parties will agree on labor assistance amounts.
Eli ibilit
Low Income — Low-income rate -payers that qualify for heating bill assistance through LIHEAP and
other government energy efficiency program agencies and all agencies that distribute Atmos "Share the
Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that
lasts for one year.
Senior Citizen — Primary account holder can request eligibility through Atmos call center or web -site.
Customer provides primary SSN which is verified through Social Security Administration. An account
holder that is or turns 65 years old in that year becomes eligible.
Fnin
Initial annual program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will
contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one
million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through
September 30 year, with regulatory assettliability accounting employed by Atmos to track the difference
between program funding and qualifying program expenditures. No Atmos employee labor will be
charged as a program expenditure.
Administration:
A third -party administrator will coordinate qualification of customers, voucher distribution, subsequent
verification and reimbursement of eligible expenditures and general program administration. Program
administration expenses will be funded from the annual approved budget.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
REVISION NO: 0
RIDER:
CEE —CONSERVATION & ENERGY EFFICIENCY
APPLICABLE TO:
All Cities except Dallas
EFFECTIVE DATE:
Bilis Rendered on or after 8/1/2009
PAGE: 85
Audits will be provided all interested parties within 120 days of the end of each program year to determine
effectiveness.
Report
Atmos shall file an annual report detailing cost to administer the program including the amounts paid out
of the program for energy conversation assistance. The report shall also detail the number of applicants
and expenditures by geographic location, including the numbers of applications rejected and accepted
and reason if rejected. The report shall be filed with the Director of the Gas Services Division of the
Railroad Commission within 120 days of the end of each program year and with counsel of record for
municipalities served by the Mid -Tex Division.
Issued By: David J. Park Vice President, Rates and Regulatory Affairs
Date Issued:
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Item # L
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