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HomeMy WebLinkAboutAgenda CC 05.11.2004Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 11, 2004 The Georgetown City Council will meet on Tuesday, May 11, 2004 at 06:00:00 PM at the City Council Chambers, 101 E. 7th Street, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live and made available for broadcast by the local cable company. Regular Session to convene and continue Executive Session, if necessary A Sec.551.071 Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding operations and Maintenance of the Stillhouse Raw Water Pipeline - Legal Advice Regarding Agenda Items and other Matters - Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands" B Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective downtown development projects C Sec.551.072: Deliberations on Real Property - Discussion and possible action regarding acquisition of property for downtown parking and city facilities Regular Session - To begin no earlier than 6:00 P.M. (The City Council for the City of Georgetown reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by Texas Government Code Sections 551.071: Consultations with Attorney, 551.072: Deliberations about Real Property, 551.073: Deliberations about Gifts and Donations, 551.074: Personnel Matters, 551.076: Deliberations about Security Devices, 551.086: Certain Public Power Utilities: Competitive Matters, and Section 551.087: Deliberations Regarding Economic Development Negotiations) D Cali to Order E Pledge of Allegiance F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments — Mayor Gary Nelon - Presentation of awards to winners of Red Poppy Festival Coloring Contest -- Mayor Gary Nelon G Announcements and Comments from City Manager H Public Wishing to Address Council - Ray A. Sanchez regarding a request for a public park to be established for "Summercrest" development. - Della Green, representing the TRG Neighborhood Association, regarding extension of MLK south on Timber I Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council City Council Agenda/May 11, 2004 Page 1 of 3 Pages discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Special Budget Ranking Meeting on Wednesday, April 21, the Council Workshop on Monday, April 26, and the Regular City Council Meeting of Tuesday, April 27, 2004 -- Sandra Lee, City Secretary K Consideration of authorization for the Georgetown Public Library to apply for a $2,000 grant from the National Endowment for the Humanities Preservation Assistance Grant program, to be used to purchase a cabinet in which to store the historic City records that have been given to the library -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Q O L- Consideration of an award of bid for mosquito spraying to Pioneer Pest Control in the amount of $15,000.00 - Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 5 Consideration of an award of bid for PERM -Xtra mosquito spraying chemical -- Mark Miller, ' \ Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations N Consideration of and possible action to authorize the Mayor to execute the assignment of the Rex Womble Airport Land Lease to Larry Wood - Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager O Consideration and possible action to accept the City's Quarterly Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended March 31, 2004 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: P Public Hearing to consider creation of the Wolf Ranch Public Improvement District (PID) No. 1 -- Micki Rundell, Director of Finance and Administration Q Consideration and possible action regarding a resolution making certain findings in connection with the Wolf Ranch Public Improvement District No. 1 related to the advisability of the improvements, the nature of the improvements, the boundaries of the district, the method of assessment, and the apportionment of cost between the District and the City as a whole -- Micki Rundell, Director of Finance and Administration R Discussion and possible action to accept the Mid -Year Status Report to the Council -- Micki Rundell, Director of Finance and Administration S Consideration and possible action to approve a resolution approving an amendment to the 2003/04 Georgetown Transportation Enhancement Corporation Budget in the amount of $300,000 -- Micki Rundell. Director of Finance and Administration T Consideration and possible action to approve the Bill of Sale, and Second Amendment relating to the Water Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm Trail Special Utility District - Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations U First Readings 1. First and Final Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Limited Tax Notes, Series 2004; levying an Ad Valorem Tax in support of the notes, approving a paying agent/registrar agreement, an official statement and a purchase agreement -- Micki Rundell, Director of Finance and Administration 2. First Reading of an ordinance amending the 2003/04 Annual Operating Plan Element (Budget) for various adjustments relating to staff additions, contracts and capital improvements - Micki Rundell, Director of Finance and Administration City Council Agenda/May 11, 2004 Page 2 of 3 Pages 3. First Reading of an ordinance amending Section 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager First Reading of an ordinance repealing the existing Chapter 2.20 of the Code of Ordinances relating to "Ethics;" and adopting a new Chapter 2.20 to be entitled "Ethics" -- Patricia E. Cads, City Attorney Consideration and possible action to approve a resolution to appoint Brian Ortego and Robert Brannon as resident alternate board members to the Georgetown Village Public Improvement District #1 -- Trish Carls, City Attorney 1 Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the_ day of , 2004, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary City Council Agenda/May 11, 2004 Page 3 of 3 Pages Council Meeting Item No. (I, ao nq AGENDA ITEM COVER SHEET SUBJECT Consideration of an award of a bid for spraying of mosquitoes to Pioneer Pest Control in the amount of $15,000. ITEM SUMMARY Bids were received for the spraying of mosquitoes for the City of Georgetown. The staff recommendation is to purchase this service from Pioneer Pest Control. The City of Georgetown will be providing two (2) vehicles and two (2) sprayers along with the mosquito spray for this project. Pioneer Pest Control is currently performing the pest control services for all of the City facilities and is capable of meeting the required specifications. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total for this bid is $15,000. Funds were approved for this expenditure in the 2003/2004 budget. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. Bid Tabulation Submitted By: Mark Miller, Street Superintendent Jim Briggs, Assistant City Manager Council Meeting Date: May 11, 2004 Item No. M AGENDA ITEM COVER SHEET SUBJECT Consideration of an award of the annual bid for PERM-Xtm UL 4-4 Mosquito Spray to B & B Chemicals and Equipment Co. in the estimated annual amount of $15,300.00. ITEM SUMMARY Bids were received to provide the City with PERM-Xtm UL 4-4 Mosquito Spray for a one- year period beginning May 12, 2004. The staff recommendation is to award this bid to the low bidder responding, B & G Chemicals and Equipment, Co. The City of Georgetown contracts to have this chemical sprayed during the summer and early fall months for the control of mosquitoes. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $15,300.00. Funds were budgeted for this expenditure in the Streets Maintenance, Spraying account. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. Bid Tabulation Submitted By: Mark Miller, Transportation Services Manager Jim Briggs, Assistant City Manager for Utilities Council Meeting Date: May 11, 2004 AGENDA ITEM COVER SHEET Item No. SUBJECT: Consideration and possible action to approve the Bill of Sale, and Second Amendment relating to the Water Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm Trail Special Utility District. ITEM SUMMARY: The Water Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm Trail Special Utility District dated February 23, 1999 provides CTSUD with an ownership interest in the Lake Georgetown Water Treatment Plant upon request in exchange for service area (CCN) concessions, subject to certain limits. CTSUD requested an ownership share of 1.01 MGD of plant capacity on August 25, 2003. The Army Corps of Engineers provided authorization for joint ownership in January 2004, and the terms of the JOA were finalized in April 2004. An amendment to the contract is required to provide more accurate peak time determination and also to adjust the timing of the annual cost of service study. A copy of the JOA has been included for your information. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Transfer of LWTP off-peak capacity to CTSUD will result in a write- down of the current LWTP asset value and recognition of a CCN asset value of approximately $924,711 (less if recognized at Net Book Value.) GUS BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: The Staff recommends the approval of the Second Amendment of the Contract, and the Bill of Sale that transfers 1.01 MGD of off-peak capacity in the Lake Water Treatment Plant to CTSUD. COMMENTS: NONE ATTACHMENTS: 1. Second Amendment 2. Bill of Sale. 3. Joint Operating of the Contract. Agreement. City Manager for Utilities Water Services BILL OF SALE Date: Grantor: City of Georgetown, a Texas home rule municipality Grantor's Mailing Address (including county): City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Grantee: Chisholm Trail Special Utility District, a Texas conservation and reclamation district Grantee's Mailing Address (including county): General Manager Chisholm Trail Special Utility District P.O. Box 249 Florence, Texas 76527 Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee. Facilities: Grantor, for the consideration herein expressed, sells, assigns, conveys, and transfers to Grantee an undivided ownership interest in that certain water treatment plant located at Lake Georgetown, including the existing water intake structure, treated water high service pumps, and all associated equipment, facilities and appurtenances thereto, together with a corresponding amount of off-peak water treatment plant capacity as set forth below and as determined in accordance with Article VIII of the Agreement (as hereinafter defined). Reference is hereby made to that certain "Water Service, Water Rights, and Facility Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility District" dated February 23, 1999, between Grantor and Grantee (the "Agreement'). The conveyance by Grantor to the Grantee hereunder is made pursuant to, and subject to, the terms and conditions of the Agreement, and all capitalized terms hereunder that are not defined shall be given the meanings set forth in the Agreement. In the event of a conflict between the terms of this instrument and the Agreement, the terms of the Agreement shall control. In accordance with Article VIII of the Agreement, Grantor and Grantee hereby agree that 1.01 MGD of off-peak treatment plant capacity is being conveyed hereby and that the percentage undivided ownership interest in the facilities conveyed hereunder is equal to the quotient obtained by dividing the amount of capacity requested to date by Grantee under the Agreement (1.01 MGD) by the Expanded Plant capacity (15.8 MGD), calculated in accordance with the terms of the Agreement. 7� Grantor and Grantee hereby each agree to execute such other specific documents as may be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this document. When the context requires, singular nouns and pronouns include the plural. References to defined terms shall refer to those terms defined in the Agreement. Executed effective GRANTOR: CITY OF GEORGETOWN, TEXAS, a Texas home rule municipality 0 ACCEPTED: Gary Nelon, Mayor GRANTEE: CHISHOLM TRAIL SPECIAL UTILITY DISTRICT LOM THE STATE OF TEXAS CKa18J`•Ymi)dU11 I4MGM5.16 `.1 President This instrument was acknowledged before me on the _ day of 2004, by , President of Chisholm Trail Special Utility District, on behalf of said district. Notary Public, State of Texas (SEAL) THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2004, by Gary Nelon, Mayor of the City of Georgetown, a Texas home rule municipality, on behalf of said municipality. Bill of Sale Notary Public, State of Texas (SEAL) Bill of sale AFTER RECORDING RETURN TO: Chisholm Trail Special Utility District P.O. Box 249 Florence, Texas 76527 Attn: General Manager CTSUD- Bill of Sak for G eto" Plant Rev 5-3 Joint Operating Agreement Between The City of Georgetown And The Chisholm Trail Special Utility District In accordance with the terms of "The Water Service, Water Rights, and Facility Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility District" dated February 23, 1999 ('Contract'), as amended, the City of Georgetown ("Georgetown") and Chisholm Trail Special Utility District ( "CTSUD') hereby enter into this Joint Operating Agreement ("JOA"). I. PARTIES 1.1 This JOA is entered into by and between the City of Georgetown, Texas and Chisholm Trail Special Utility District, Florence, Texas. H. TERM OF AGREEMENT 2.1 This JOA forms the basis of the operating partnership between Georgetown and CTSUD as required by Section 6.3 of the Contract and shall remain in effect for so long as the Contract remains in effect. This JOA shall be effective as of April 1, 2003, and shall terminate simultaneously without any action by the parties upon termination of the Contract. 2.2 This JOA shall be reviewed annually by the parties and may be updated as provided in Article VII. M. OFF-PEAK WATER UTILIZATION 3.1 The Parties agree to the following water delivery restrictions or limitations: 3.1.1 Georgetown may limit the daily delivery of water to CTSUD in any 24 hour period to an amount equal to CTSUD's undivided ownership interest in the Lake Georgetown Water Treatment Plant ("LWTP") facilities (expressed in terms of average day capacity), as acquired from time to time by CTSUD in accordance with the Contract (the "CTLWTP Capacity) multiplied by the Allowable Peaking Factor, which delivery rate limitation shall be referred to hereinafter as the "Maximum Delivery Rate" or "MDR". The parties will mutually establish the Allowable Peaking Factor each year as part of the annual meeting to be held in accordance with Article VII. The Allowable Peaking Factor shall be based upon the peak capacity of Page 1 of 7 the Georgetown treated water delivery system utilized to deliver treated water to CTSUD and other customers of Georgetown served by the LWTP. Georgetown shall not limit the daily delivery of water to CTSUD in any 24-hour period to an amount less than the MDR except during peak utilization and emergency periods in accordance with Section 3.1.3 and Section 4.3 below. The Allowable Peaking Factor shall not be less than 1.0. 3.1.2 The Woods Pump Station control valve may be set by CTSUD such that the delivery rate will not exceed the MDR, as that term is defined in Section 3.1.1 above. 3.1.3 Georgetown may limit or curtail delivery of water at CTSUD's point(s) of delivery during the daily 6 -hour peak utilization p eriod i n a ccordance w ith t he t erms o f Section 3.1.4 below for up to 30 calendar days per year, subject to the notification requirements set forth herein. 3.1.4 During days when Georgetown has limited or curtailed the delivery of water during the 6 -hour peak utilization period, restriction or curtailment of water deliveries to CTSUD shall be by one of the following methods: a. Complete isolation at the delivery point for a maximum duration of six hours, OR b. Throttling of the flow control valve over the 24-hour period such that the maximum delivery is equal to 75% of the MDR, OR C. Any other method agreed upon by the parties. 3.2 CTSUD will be responsible for operation of the control valve at the Woods Pump Station, but Georgetown shall have the right to adjust the valve in accordance with this Agreement if CTSUD fails to do so within 48 hours of notification by Georgetown. 3.3 During authorized curtailment periods, Georgetown shall make every effort to restrict deliveries by limiting the flow rate at the point of delivery instead of completely terminating the supply of water at the delivery point. IV. NOTIFICATION PROCEDURES 4.1 In accordance with Paragraph 6.3 of the Contract, Georgetown will provide CTSUD with not less than 24 hours written notice of peak utilization periods. 4.2 Georgetown will use the following notification protocol: Page 2 of 7 a) Upon the determination that Georgetown's anticipated six hour peak utilization period demand will require the restriction or curtailment of delivery of water to CTSUD during said period, the Georgetown Water Services Manager will notify CTSUD's General Manager not less than 24 hours in advance of the need to implement peak time limitations, stating the duration and method of the water delivery limitation. b) Georgetown's Water Services personnel will use their best efforts to manipulate the Georgetown system to curtail delivery of water within peak utilization periods not less than 24 hours after notification of CTSUD. c) The Georgetown Water Services Manager will notify CTSUD General Manager of any cancellation of peak utilization period prior to its expiration. 4.3 When due to system malfunction or breakdown the production of potable water is interrupted, or the ability to transport potable water from the LWTP to the CTSUD Point(s) of delivery is restricted, Georgetown may restrict or curtail the delivery of potable water to CTSUD. During such "Emergency Curtailments" the Georgetown Water Services Manager will notify the CTSUD General Manager as soon as possible and shall include in such notice an estimate of the anticipated duration of the emergency. V. WATER METERING 5.1 To maintain control of its water delivery system, Georgetown will electronically monitor the volume and flow of water delivered to CTSUD, at each point of delivery. 5.2 CTSUD will technically assist Georgetown in the installation and operation of an electronic monitoring system to provide real-time access to water utilization rates in accordance with the terms and provisions of the Contract. 5.3 Georgetown will provide CTSUD with full access to the electronic monitoring system and provide CTSUD on a monthly basis with daily readings of water purchased during the preceding month. Vl. WATER DELIVERY COSTS 6.1 The methodology for calculation of the costs of production and delivery of water to be charged to CTSUD are provided in Appendix A (Wheeling Costs) and Appendix B (Plant Operations Costs). CTSUD shall pay the for its pro rata share of Wheeling Costs and Plant Operations Costs by payment of a `Base Cost" rate per thousand gallons of water delivered to CTSUD for all water purchased by CTSUD up to an amount equal to the CTLWTP Page 3 of 7 M Capacity, to be calculated on a daily average basis over an annual period from October 1 through September 30. Georgetown shall invoice CTSUD for such costs on a monthly basis, and CTSUD shall pay the invoice within thirty (30) days of receipt. Notwithstanding the foregoing, the parties agree that the first term of this JOA (April 1, 2003 through September 30, 2003) will consist of less than twelve (12) months of usage, and CTSUD shall pay $.42 per 1,000 gallons for all water delivered during such period. 6.2 In the event that CTSUD purchases more water than the CTLWTP Capacity during an annual period, CTSUD shall pay a "Wholesale Cost" rate per thousand gallons of water for all water delivered during the preceding annual period above the CTLWTP Capacity. The methodology for calculation of the Wholesale Cost is set forth on Appendix B attached hereto. The determination of whether CTSUD has exceeded the CTLWTP Capacity on an annual basis shall be made and reconciled in connection with the October billing, and CTSUD shall pay the October invoice within thirty (30) days of receipt. 6.3 Georgetown will update the Wheeling Costs, the Plant Operations Costs, the Base Cost, and the Wholesale Cost (all as identified in Appendix A and Appendix B) based on Georgetown's actual costs of operation during the preceding year, as adjusted for known and measurable changes. Georgetown will present the updated costs to CTSUD at the Annual Meeting to be conducted by the parties in accordance with Article VII below, or by August 15, whichever is earlier, so that CTSUD may incorporate the costs into its fiscal year budget. 6.4 Georgetown agrees that all rates and costs charged to CTSUD shall be reasonable, just, nondiscriminatory, and shall reflect CTSUD's ownership interest in the LWTP and pro rata share of costs, to be calculated in accordance with the methodology set forth in this Agreement and the Contract. VII. ANNUAL MEETING 7.1 An "Annual Meeting" by representatives of Georgetown and CTSUD will be held on or before August 15 of each year with the exact date scheduled in good faith by both parties. 7.2 The topics for consideration at the Annual Meeting will include, at a minimum, the following: a. Update the JOA. b. Update respective capital improvement schedule. C. Update respective water infrastructure planning schedules. d. Update Base Cost, Wheeling Costs, Plant Operations Cost, and Wholesale Costs. e. Review water conservation plans. f Review peaking factor and times. Page 4 of 7 g. Discuss other issues related to the Contract. In the event that the parties are unable in good faith to agree upon an update regarding items 7.2.a, 7.2.d, and 7.21, the then -current matter shall remain in effect until the dispute is resolved by alternative means. 7.3 The place of the Annual Meeting will alternate between Georgetown and CTSUD, unless mutually agreed upon by both parties prior to July 30 of each year. VIII. MISCELLANEOUS 8.1 Georgetown will notify CTSUD not less than five (5) calendar days prior to changes to its water treatment method so that CTSUD will have adequate time to modify its water treatment method, if necessary. 8.2 For emergency notifications, the following numbers are the official emergency notification numbers for each party: For Georgetown: 512-930-3555 For CTSUD: 254-793-3103 8.3 All terms of the Contract shall remain in effect. By execution of this JOA, Georgetown and CTSUD agree and understand that the purpose of this JOA is to provide and facilitate daily water operation procedures and costs associated with the Lake Water Treatment Plant and associated treated water delivery systems. 8.4 This Agreement is the entire JOA between the parties with respect to the subject matter hereof. No modification of this JOA shall be of any force and effect whatsoever, excepting a subsequent modification in writing signed by both parties; provided, however, that representatives of the parties may update costs and other operational matters annually in accordance with the terms of this Agreement. 8.5 This JOA is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. 8.6 If any court finds any part of this JOA invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this JOA if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effective. To that end, this JOA is declared to be severable. Page 5 of 7 8.7 This JOA shall be binding upon and shall inure to the benefit of the successors or assigns of the parties hereto. 8.8 This JOA and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Texas. Venue lies in Williamson County, Texas. 8.9 All notices required or authorized under this JOA shall be given in writing and shall be served by mail on the parties at the addresses listed below: Georgetown: City Manager City of Georgetown P. O. Box 409 Georgetown, Texas 78627 CTSUD: General Manager Chisholm Trail Special Utility District P. O. Box 249 Florence, Texas 76527 8.10 This written JOA constitutes the entire agreement between the parties concerning the subject matter hereof. Modifications to and waivers of the provisions herein shall not be binding unless made in writing and signed by the parties hereto. 8.11 This JOA may not be assigned in whole or in part without the express written consent of the non -assigning party. 8.12 Prior to the institution of legal action by either party related to any dispute arising under this JOA, said dispute shall be referred to mediation by an independent mediator mutually agreed upon by both parties. 8.13 Either party to this JOA who is the prevailing party in any legal proceeding against the other party, brought in relation to this JOA, shall be entitled to recover court costs and reasonable attorneys' fees from the non -prevailing party. 8.14 The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this JOA. Page 6 of 7 EXECUTED AND AGREED TO BY THE PARTIES HERETO: City of Georgetown Printed Name Title Date Chisholm Trail S.U.D. Printed Name Title Date Page 7 of 7 Appenuix A Cost of Service Study Summary Wheeling Cost Calculation for FY 2004 CTSUD Assi ment (Average MGD 1.01 $ per kgal Note Per letter dated August 1, 2003 Loss Factor 1.01 Based upon s stem design Peaking Factor 1.5 Based upon distributions stem limits LWTP Capacity MGD 17.57 As of Mar 1,2004 Sun City Line Capacity MGD 12.7 Based upon sstem design Sun City Line Capital Cost $ 1,453,851 Actual Cost Sun City Line Financing Cost $ 104,599 $ 0.023 B7/(B5-1000000-365)-1000-B3 Sun City Line Maintenance Cost $ 6,760 $ 0.001 68/ 85'1000000*365 '1000'83 Sun City Pump Station Capacity MGD 16.2 Based upon system design Sun City Pump Station Capital Cost $ 700,000 Actual Cost Sun City Pump Station Financing Cost $ 50,362 $ 0.009 611/ B9'1000000'365'1000'B3 Sun City Pump Station Electrical Cost $ 225,229 $ 0.058 13121(139-1000000-365)-1000-133-134 Sun City Pump Station Maintenance Cost $ 7,000 $ 0.001 613/ B9'1000000'365 '1000'133 Sun City Pump Station Operations Cost $ 10,000 $ 0.002 B14/(B9'100000 '365)'1000-B3 Lake WTP 3 MG GST Capital Cost $ 1,240,383 Actual Cost Lake WTP 3 MG GST Financing Cost $ 89,241 $ 0.014 616/ B5*1000000-365)-1 000-133 Lake WTP 3 MG GST Maintenance Cost . $ 5,000 $ 0.001 617/ B5*1000000*365 '1000'133 Management Overhead 10% $ 0.011 SUM C7:C17 *618 CTSUD Wheeling Charge ($ per Kgal) CTSUD Maximum Delivery Rate (MDR) (gpm) $ 0.119 1,052 `7 B2'B4*1000000/1440 01. Appenaix B Cost of Service Study Summary Plant Ops Cost for FY 2004 4 $ per k al Note CTSUD Assignment (Average MGD 1.01 Per letter dated August 1, 2003 Peaking Factor 1.50 From Appendix A Lake Water Treatment Plant Capacity MGD 17.57 Plant Capacity Mar 1, 2004 Lake Water Treatment Expanded Plant Limit(MGD) 15.80 From CTSUD Contract Production Projection - All GeorAetown Plants MG 3150.00 From OMI Contract Appendix F LWTP Actual Production - MG 1297.56 LWTP Production Oct 02 - Sep 03 LWTP Operating Cost Differential _ 125% From OMI Proposal $303/$248 Base O&M Cost - All Georgetown Plants $ 594,919 $0.236 B9/B6/1000*B8 Maintenance Cost - All Georgetown Plants $ 50,000 $0.020 B10/B6/1000*B8 Variable Cost - All Georgetown Plants _ $ _120,992 $0.048 B11/B6/1000*B8 Electrical Cost - LWTP Only $ 114,372 $0.088 612/B7/1000 Management Overhead 7.54% S0.030 SUM(C9..C12)-B13 LWTP Operating Cost ° $0.422 Wheeling Costs $0.119 From Appendix A , CTSUD "Base Cost" ($ per Kgal) including Wheeling $0.541 " Capital Cost $ 16,421,117 1 ITotal Plant including debt issuance Financing Cost $1,395,795L Financin Cost (Principal and Interest Capital Cost Allocator 6% $0.218 B19'B18/(B2`365)11000 Wholesale Margin 10%1 $0.022 1 C19 -B20 n CTSUD " Wholesale Cost" ($ per Kgal) including Wheeling "'$0.781 4 2 STATE OF TEXAS § SECOND AMENDMENT TO THE § WATER SERVICE, WATER RIGHTS, AND § FACILITY OWNERSHIP CONTRACT COUNTY OF WILLIAMSON § BETWEEN THE § CITY OF GEORGETOWN § AND CHISHOLM TRAIL CITY OF GEORGETOWN § SPECIAL UTILITY DISTRICT This second amendment ("Second Amendment") to the "Water Service, Water Rights, and Facility Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility District" dated February 23, 1999 ("Contract") between the City of Georgetown, Texas ("Georgetown"), a Texas home rule municipal corporation, and Chisholm Trail Special Utility District ("Chisholm Trail"), a political subdivision of the State of Texas, organized and operating under Chapters 49 and 65 of the Texas Water Code, is for the purposes and consideration set forth herein. RECITALS WHEREAS, Georgetown and Chisholm Trail entered into a contract entitled, "Water Service, Water Rights, and Facility Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility District" ("the Contract") on or about February 23, 1999; and WHEREAS, Georgetown and Chisholm Trail amended the Contract ("First Amendment") on or about February 22, 2000; and WHEREAS, Georgetown and Chisholm Trail desire to amend Paragraph 6.2 of Article VI., "Interim Water Treatment," of the Contract regarding peak period determination; and WHEREAS, Georgetown and Chisholm Trail desire to amend Paragraphs 8.1, 8.2, and 8.13 of Article VIII., "Conveyance of Plant Ownership Interest," of the Contract regarding off- peak water utilization and the timing of the annual cost of service study. NOW THEREFORE, Georgetown and Chisholm Trail enter into this Second Amendment for purposes and consideration set forth herein as follows: 1. Paragraph 6.2 of Article VI., "Interim Water Treatment," is hereby amended to read as follows: t 6.2 For purposes of this Contract, "peak" time is defined as the daily six hour time period when the entire treatment capacity is being utilized to provide treated Second Amendment to Feb. 23, 1999 Contract City of Georgetown and Chisholm Trail SUD Page I of 4