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HomeMy WebLinkAboutAgenda CC 04.10.2007Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, April 10, 2007 The Georgetown City Council will meet on Tuesday, April 10, 2007 at 06:00:00 PM at City Council Chambers, at the northeast comer 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. Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items -Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEO Docket No. 2006 - 1810 - UCR) B Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.382 acre utility easement from the Grapski and Wyly A Trusts in connection with Project Lone Star Electric Service — Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations c�Qr - Consideration and possible action concerning the acquisition of a 0.835 acre utility easement from Clearwater Crossing Limited Partnership, LLP in connection with Project Lone Star Electric Service. — Jim Briggs, Assistant City Manager for Utility Operations, and Terri Calhoun, Paralegal Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Counciimember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) C Call to Order D Pledge of Allegiance E Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council F Announcements and Comments from City Manager G Public Wishing to Address Council - Jonas Miller, Deputy Chief of Staff to U. S. District 31 Congressman John Carter, regarding Community Gathering at Ft. Hood on May 30 - Sandra Taylor of Pedernales Electric regarding update of PEC activities in Georgetown area. - Keith Peshak regarding report into the investigation of the'recent drowning' death. City Council Agenda/April 10, 2007 Page 1 of 3 Pages H 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 counciimember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. I Consideration and possible action to approve the minutes of the Special Council Workshop on Monday, March 19, the Regular Council Workshop on Monday, March 26, and the Regular Council Meeting on Tuesday, March 27, 2007 — Sandra D. Lee, City Secretary J Consideration of an award of the annual bid for janitorial supplies to various bidders in the estimated amount of $29,862.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration K Consideration and possible action regarding a "Multiparty Agreement by and between the City of Georgetown, HB Longhorn Junction Phase III, L.P., Citicorp North America, Inc., and National Bank of Arizona, N.A." relating to use of letter of credit proceeds, with certain revisions to the documents approved on February 27, 2007 — Patricia E. Carts, City Attorney Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: L Consideration and possible action to approve a resolution regarding the creation of an approximately 545 -acre Municipal Utility District to be known as the 3 B & J Municipal Utility District located partially within the City's extraterritorial jurisdiction (ETJ) and to direct staff to begin the process of releasing the portion of the property that is currently within the ETJ — Tom Yantis, Assistant City Manager M Consideration and possible action to approve the City's participation in an Advance Funding Agreement with the Texas Department of Transportation in the amount of $2,500,000 for construction of the 1-35 at Lakeway Drive project — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations N Discussion and possible action to approve a Resolution to engage the services of the Central Texas Regional Mobility Authority (CTRMA) to conduct a mobility and feasibility analysis and study of the entire Southwest Bypass from East Highway 29 to West Highway 29 -- Paul E. Brandenburg, City Manager O Consideration and possible action regarding a proposed boundary agreement between the City of Liberty Hill and the City of Georgetown — Tom Yantis, Assistant City Manager P Second Reading of an Ordinance for a Comprehensive Plan Amendment and consideration and possible action to approve a Development Agreement and Offsite Utility Construction and Cost Reimbursement Agreement between the City and Oaks at San Gabriel, L.L.C., related to the development of 397.4 acres in the I. Donagan and A.H. Porter Surveys, formerly known as the Rothell Tracts, located at 5280 Hwy 29 West. to be known as the Oaks at San Gabriel — Jordan Maddox, Planner I; Glenn Dishong, Water Services Director; and Tom Yantis, Assistant City Manager Q First Readings 1. First reading of an ordinance releasing special assessment liens established in 1922, by ordinance recorded in Volume 6, Page 415 of the Official Records of Williamson County, Texas — Patricia E. Carls, Brown & Carls, LLP, City Attorney 2. First and only reading of an ordinance issuing the 2007 General Obligation bonds for the Recreation Center Expansion -- Micki Rundell, Director of Finance and Administration 3. First and only reading of an ordinance authorizing the 2007 Certificates of Obligation (CO) bond issue — Micki Rundell, Director of Finance and Administration 4. First and only reading of an ordinance issuing the 2007 Series Utility Revenue and Refunding Bonds — Micki Rundell, Director of Finance and Administration R Consideration and possible action to approve a resolution of the Georgetown Transportation Enhancement Corporation (GTEC) with respect to the issuance of senior lien Sales Tax Revenue Bonds, Series 2007, confirming and amending a sales tax remittance agreement and debt administration project contract and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration City Council Agenda/April 10, 2007 Page 2 of 3 Pages S Consideration and possible action regarding the extension of the real estate note and lien for Reedholm Instruments — Micki Rundell, Director of Finance and Administration T Consideration and possible action to spend $5,000 from the Council Contingency Fund to update and make ready the City of Georgetown Red Poppy Float — Gabe Sansing, Councilmember District 2 U Consideration and possible action to appoint Allison Dolan -Hanna to the Library Board to fill a vacancy that expires in February, 2008, due to a resignation -- Mayor Gary Nelon 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 , 2007, 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/Apol 10, 2007 Page 3 of 3 Pages Council Meeting Date: April 10, 2007 Item No. n AGENDA ITEM COVER SHEET Consideration and possible action to approve an Advance Funding Agreement between the City of Georgetown and the Texas Department of Transportation for the Construction of the I-35 at Lakeway Drive Project. The City of Georgetown and the Texas Department of Transportation have negotiated an Advance Funding Agreement for the replacement of the overpass at the Northeast Inner Loop and I-35 intersection. The Georgetown Transportation Enhancement Corporation (GTEC) held a public hearing on August 17, 2005 for the proposed 2005-2006 Transportation Improvement Projects. In this budget 2.5 million dollars was proposed for participation in this project. Council adopted the budget. This project includes the replacement of the two lane overpass with a five lane configuration aligning with the Northeast Inner Loop. The Section of Lakeway Drive between the southbound frontage and Airport Road will be realigned to connect to the new overpass south of its current location. The original agreement proposed by TXDOT in June of 2005 would have committed the City of Georgetown to a shared percentage of the final project cost. The standard Advance Funding Agreement has been revised to insure a fixed participation amount of 2.5 million dollars. The State will be responsible for supervision and inspection of the construction of this project. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Funds in the amount of $2.5 million will come from account #400-101-6026-00 COMMENTS: None. STAFF RECOMMENDATION: Staff recommends the approval of the Advance Funding Agreement. ATTACHMENTS.- 1. TTACHMENTS:1. Proposed Advance Funding Agreement 2. Project description (from 05/06 Transportation Improvement Plan power point presentation) Submitted by: Mark Miller, Jim Briggs, Transportation Services Assistant City Manager Manager for Utilities Texas Department G& Transportation P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512)832-7000 County: Williamson Highway: 1-35 at Lakeway CSJ: 0015-08-116 Honorable Gary Nelon Mayor City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Dear Mayor Nelon: March 22, 2007 RECEIVED MAR 2 6 2007 CITY SECRETARY Enclosed are two original Advance Funding Agreements for the above referenced project. The project consists of the replacement of an existing bridge structure and the realignment of the frontage road on 1-35 at Lakeway Drive. These documents replace the agreements transmitted under cover letter dated June 28, 2005 and revises the City's participation to a fixed amount of $2,500,000. Please return the two signed and dated documents to my attention for final execution. A fully executed agreement will be returned for your records. If you have any questions, please contact me at (512) 832-7050. Your assistance is appreciated. Attachments cc: John Wagner, P.E. Mike Walker Chris Hatla Sincerely, (;atri L. Cr s -Weight, P.E. Director of Design An Equal Opportunity Employer CSJ #0015-08-116 District # 14 Code Chart 64 #16000 1-35 at BI 35M and Lakeway Drive FHE STATE OF TEXAS § THE COUNTY OF TRAVIS § ORIGINAL ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Georgetown, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 108410 authorizes the State to undertake and ;omplete a highway improvement generally described as replace bridge and approaches and `rontage road improvements; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by contributing funding towards the improvements, hereinafter called the "Project'; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Project Budget and Description which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Project Budget and Description, also specifies those Project items of work that are the responsibility of the AFA-AFA_VoITIP Page 1 of 8 Revised 5/19/06 CSJ #0015-08-116 District # 14 Code Chart 64 # 16000 I-35 at BI 35M and Lakeway Drive Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The State will provide for all necessary right-of-way and utility adjustments Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange Does not apply to this project. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Project Budget and Description, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the AFA-AFA_VoITIP Page 2 of 8 Revised 5/19/06 CSJ 40015-08-116 District # 14 Code Chart 64 #16000 I-35 at BI 35M and Lakeway Drive Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project on State right of way unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: AFA-AFA_VoITIP Page 3 of 8 Revised 5/19/06 Local Government: Mayor Gary Nelon City of Georgetown P.O. Box 409 Georgetown, Texas 78627 CSJ #0015-08-116 District # 14 Code Chart 64 #16000 I-35 at BI 35M and Lakeway Drive State: Robert B. Daigh, PE Austin District Engineer P.O. Drawer 15426 Austin, Texas 78761-5426 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. AFA-AFA_VoITIP Page 4 of 8 Revised 5/19/06 CSJ #0015-08-116 District # 14 Code Chart 64 416000 1-35 at B1 35M and Lakeway Drive rHE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Z District Engineer THE LOCAL GOVERNMENT Name of the Local Government City of Georgetown M Typed or Printed Name and Title Date AFA-AFA_VoITIP Page 5 of 8 Revised 5/19/06 CSJ #0015-08-116 District # 14 Code Chart 64 #16000 I-35 at BI 35M and Lakeway Drive ATTACHMENT A Project Budget and Description The Local Government will contribute a fixed amount towards the cost of construction to replace the Lakeway Drive bridge and approaches and associated frontage road improvements. The Local Government's participation is fixed at $2,500,000 toward the cost of these improvements. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost Cost % Cost % Cost CONSTRUCTION COSTS Construction of Bridge, $6,250,000 0% $0.00 $4,000,000 Fixed $2,500,000 approaches and frontage road improvements Subtotal $6,250,000 $0.00 $4,000,000 $2,500,000 Direct State Costs (5%) $312,500 0% $0 100% $312,500 0% $0 Indirect State Costs (no local participation $0 0% $0 0% $0 0% $0 required except for service projects) TOTAL $6,562,500 1 $0.00 $4,312,500 $2,500,000 Local Government's Participation (Fixed) = 2.500.000 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. Work Responsibilities Engineering Services A. The State shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. & E.) necessary for the development of the Project. The P.S. & E. shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. B. The engineering plans shall conform to the design criteria in the State's Roadway Design Manual, the current Standard Specifications for Construction and Maintenance of Highways. Streets. and Bridges and the Texas Accessibility Standards, AFA-AFA_VoITIP Page 6 of 8 Revised 5/19/06 CSJ #0015-08-116 District # 14 Code Chart 64 #16000 I-35 at BI 35M and Lakeway Drive 2. Environmental A. The State shall prepare the appropriate environmental documentation required for clearance of the Project. B. To the extent required to complete the Project, the State will be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. 3. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. B. The State will use its approved contract letting and award procedures to let and award the construction contract. AFA-AFA_VoITIP Page 7 of 8 Revised 5/19/06 CSJ #0015-08-116 District # 14 Code Chart 64 # 16000 I-35 at BI 35M and Lakeway Drive AFA-AFA_VoITIP Page 8 of 8 Revised 5/19/06 10: NE Inner Loop / Lakeway Bridge ro This project will realign the existing overpass and Lakeway Dr. from the West bridge approach to the existing Airport Rd/ Lakeway intersection. ❑ This project will connect the new intersection of the North East Inner Loop at Austin Ave to Lakeway Dr via the overpass, allowing traffic in the Northwest quadrant direct access to the East Inner Loop and retail in the CBD along Austin Ave. ❑ The Corporation is estimated to contribute $2,500,000 in 05/06 towards this Texas Department of Transportation project. City Council Meeting: April 10, 2007 Item No. -P— AGENDA ITEM COVER SHEET Subject: Second Reading of an Ordinance for a Comprehensive Plan Amendment and Consideration and Possible action to approve a Development Agreement and Offsite. Utility Construction and Cost Reimbursement Agreemertt between the city and Oaks at San Gabriel, L.L.C., related to the development of 397.4 acres in the I. Donagan and A.H. Porter Surveys, formerly known as the Rothell Tracts, located at 5280 Hwy 29 West, to be known as the Oaks at San Gabriel. Item Summary Comprehensive Plan Amendment: The applicant has requested an increase to the Intensity Map from Level 1 to Level 2 in order to build approximately 850 single-family residential units on the property. Staff is recommending approval of the Comprehensive Plan Amendment: Intensity Map at Level 2, conditional on the terms of the Development Agreement. The Intensity increase was recommended unanimously by the Planning and Zoning Commission at their January 4 meeting and City Council approved the 1°' Reading of the Ordinance at the January 25 Council meeting. Development Agreement: This project will be a residential subdivision that intends to use principles of conservation design, including 40% open space, trail networks, native landscaping, and alternative water quality, among others. The Development Agreement spells out the amount of open space (159 acres) and parkland (17 acres) to be set aside, maximum number of residential units (853) and by what means the city and developer intend to achieve these figures. Restrictions on what that open space can be, how it can be used, and who will own and maintain the space are also addressed within. A 2.5 acre fire station will be dedicated to the city at a to -be -determined date, as well as an agreement of annexation and the Fire Service Improvement Program fee of $630 will be paid to the city for each building permit requested. The city has also agreed to a petition by Oaks for creation of a Public Improvement District as a financing mechanism for portions of the infrastructure of this project. As part of this agreement, "Oaks" has agreed to build an expansion to the currently operating Cimarron Hills Wastewater Treatment Plant, which will contain the necessary service units for this entire development. The will be certain restrictions placed on development until that expanded plant is completely operational, addressed below. Offsite Utility Construction and Cost Reimbursement Agreement: Under the terms of the agreement, the Developer will fund the expansion of the Cimarron Hills Wastewater Treatment Plant. The plant will be expanded from its current capacity of 200,000 gallons per day to 450,000 gallons per day. The expansion of the CHWWTP is not in the City's 5 year CIP, but is included in its 10 year CII' and impact fee calculation. The Developer will pay the city-wide wastewater impact fee of $1881 per SUE with a credit of $854 per service unit for each connection on the property as a reimbursement for the payment of CHWWTP expansion. This item was recommended for approval by the GUS Board at their March 20, 2007 meeting. Attachments: Comprehensive Plan Amendment Ordinance Development Agreement Offsite Utility Construction and Cost Reimbursement Agreement Recommended Motion: Approval of the Development Agreement and Offsite Utility Construction and Cost Reimbursement Agreement and, contingent on the approval of both; conduct Second Reading of Ordinance for the Comprehensive Plan Amendment amending the Intensity Map. Submitted By: Tom Yantis, Assistant City Manager Jordan Maddox, Planner Council Meeting Date: April 10, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve an Offsite Utility Construction and Cost Reimbursement Agreement between the City and Oaks at San Gabriel, LLC. ITEM SUMMARY: Staff has been working with the developer of Oaks at San Gabriel to determine the wastewater infrastructure requirements needed to serve 853 lots with wastewater service. The development is located inside the City's ETJ just east of the Cimarron Hills development. Under the terms of the agreement, the Developer will fund the expansion of the Cimarron Hills Wastewater Treatment Plant. The plant will be expanded from its current capacity of 200,000 gallons per day to 450,000 gallons per day. The expansion of the CHW WTP is not in the City's 5 year CII', but is included in its 10 year CII' and impact fee calculation. Developer will pay the city-wide wastewater impact fee of $1,881 per SUE with a credit of $854 per service unit for each connection on the property as a reimbursement for the payment of the CHW WTP expansion. SPECIAL CONSIDERATIONS: \ V I None FINANCIAL IMPACT: 5 None �S 1 GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the March 20, 2007 GUS Board meeting. STAFF RECOMMENDATION: Staff recommends approval of the agreement. None ATTACHMENTS: Oaks at San Gabriel Offsite Construction Agreement Submitted By: Glenn Dishong, Water Services 1 Jim Briggs, Assistant City Manager for Utility Operations STATE OF TEXAS OFFSITE UTILITY CONSTRUCTION AND COUNTY OF WILLIAMSON § COST REIMBURSEMENT AGREEMENT CITY OF GEORGETOWN § FOR OAKS AT SAN GABRIEL SUBDIVISION 1. The parties to this Offsite Utility Construction and Cost Reimbursement Agreement for the Oaks at San Gabriel Subdivision (the "Agreement") are the CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation (the "City"); and OAKS AT SAN GABRIEL, L.L.C., a Texas limited liability company ("Developer"). Recitals 2. WHEREAS, the Developer has contracts to purchase property consisting of approximately 397.84 acres consisting of the Rothell Tracts, referred to herein as the "Oaks at San Gabriel Subdivision" more particularly described on Exhibit A attached hereto (the "Property"); and 3. WHEREAS, the Property is located in the City's extraterritorial jurisdiction and lies east of and adjacent to the Cimarron Hills Subdivision; and 4. WHEREAS, Developer is proposing to, and has submitted initial applications for, the construction of single family residences on the Property using the principles of conservation subdivisions, as is more fully addressed in the Development Agreement between City and Developer executed on even date herewith (the "Development Agreement"); and 5. WHEREAS, the City's Unified Development Code ("Code") requires that the Developer construct wastewater improvements that satisfy the City's current Wastewater Master Plan and the needs for the Property at Developer's initial expense; and 6. WHEREAS, Section 13.09.030(C )(1) of the Code also provides that: "The City may, at its sole discretion, participate with the sub -divider in the cost of oversized facilities based upon, but not limited to the following factors: (1) the approved utility budget for the current year, (2) the ability of the specific utility to fund any future costs, (3) the degree to which the project conforms to and accomplishes the utility 5 -year CII' priorities (4) the degree to which the project accomplishes the utility Master Plan, and (5) the impact to system operations;" and WHEREAS, the City's Cimarron Hills Wastewater Treatment Plant ("CHWWTP") is a non -discharge plant that is currently permitted for 200,000 gallons per day ("gpd") with the effluent being beneficially reused to irrigate the Cimarron Hills Golf Course; and Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 1 of 19 8. WHEREAS, the CHWWTP must be permitted and expanded to serve the Property, and such expansion will also necessitate the construction of a new effluent holding pond and the spray irrigation of the Cimarron Hills Golf Course with treated effluent from the expanded plant; and 9. WHEREAS, the City's current 10 -year Impact Fee CII' provides for the expansion of the CHWWTP from 200,000 gpd to 450,000 gpd some time after 2010, but before 2015; and 10. WHEREAS, Developer anticipates that it will need 250,000 gpd of capacity in the Expanded CHWWTP to serve the Property before 2010, which is earlier than planned in the City's 10 -year Impact Fee CII'; and 11. WHEREAS, Developer has agreed to (a) pay the City for the costs of permitting, design and construction of an expansion of the CHWWIT to 450,000 gpd and the associated effluent holding ponds and spray irrigation of land (said expanded plant, holding pond(s), and irrigation appurtenances to transfer effluent from the new holding pond to the Cimarron Hills Golf Course holding pond, are referred to collectively herein as the "Expanded CHWWTP"); (b) donate land to the City for said plant expansion and holding pond(s); and (c) donate a public utility easement along the western boundary of the Property to facilitate future connection of the Expanded CHWWTP to the South Fork Interceptor; and 12. WHEREAS, after considering the factors set forth in Section 13.09 of the Code, the City Council found and determined that it would be appropriate to reimburse Developer for a portion of the costs of constructing the Expanded CHWWTP in accordance with the terms of this Agreement; and 13. WHEREAS, the City and Developer are entering into this Agreement to more particularly set forth the rights and obligations of the City and Developer with respect to the design, construction, and payment for the Expanded CHWWTP; and 14. WHEREAS, this Agreement is necessary to protect the health, safety, and general welfare of the community and to limit the harmful effects of substandard subdivisions; to facilitate Developer's construction of the Expanded CHWWTP; and to protect the City from bearing any unnecessary expense of constructing or completing subdivision improvements; and 15. WHEREAS, this Agreement is authorized by and consistent with state law and the City's other ordinances, regulations, and other requirements governing development of subdivisions and provision of utility services to customers of Georgetown Utility Systems. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 2 of 19 NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and the mutual covenants, promises, and obligations by the parties set forth in this Agreement, the parties agree as follows: Definitions 16. As used in this Agreement, the following terms shall have the following respective meanings where they appear with their initial letters capitalized, unless otherwise specifically stated or the context in which they appear otherwise requires: a. "Capacity Interest" means an interest in temporary wastewater service capacity of a specific wastewater facility or facilities the capacity of which has been contractually allocated by the City to another user, but said user has not yet filed a final plat or paid the applicable impact fees, thus making the capacity temporarily available for use by others on a temporary basis, subject to the contractual and other rights of the user to which the capacity has been allocated. b. "Cimarron Hills Golf Course" means that property on which spray irrigation of treated effluent from the Expanded CHWWTP is authorized by the TCEQ to occur. c. "Cimarron Hills Golf Course Point of Delivery" means the Cimarron Hills golf course irrigation pump station. d. "Existing Cimarron Hills Wastewater Treatment Plant" or "Existing CHWWTP" shall mean the wastewater treatment plant generally located 5.8 miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29 that is permitted up to 200,000 gallons per day (gpd) and having Texas Environmental Quality Permit No. 14232-001. e. "Expanded CHWWTP" means the expansion of the City's Cimarron Hills Wastewater Treatment Plant from 200,000 gpd to 450,000 gpd, including all actions and work necessary to apply for and obtain a permit from the TCEQ for the expansion of the Existing CHWWTP, as well as the design and construction of the expansion of the Existing CHWWTP and any and all new holding pond(s) made necessary by the expansion, as well as the associated irrigation appurtenances necessary to deliver the effluent from the new holding pond to the Cimarron Hills Golf Course Point of Delivery. f. "Expanded CHWWTP Property" means a tract of land of a size and in a location mutually acceptable to the TCEQ, the City, and the Developer, and which shall be conveyed by the Developer to the City at no cost to the City for the purpose of locating, placing, and constructing the Expanded CHWWTP. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 3 of 19 g. "Holding Pond Property" means a tract of land of a size and in a location mutually acceptable to the TCEQ the City, and the Developer, and which shall be conveyed by the Developer to the City at no cost to the City for the purpose of locating, placing, and constructing the Holding Pond associated with the Expanded CHWWTP. h. "TCEQ" means the Texas Commission on Environmental Quality, or its successor agency. i. "Western Easement' means the fifty foot (5(') wide public utility easement to be granted by the Developer to the City extending along the western boundary of the Property from the Expanded CHWWTP Property to SH 29. Permitting Design and Construction of the Expansion of the CHWWTP 17. After the closing of the sale of the Property to the Developer, and upon advance notice from the City of at least three (3) business days, the Developer agrees to provide the City, its agents and employees, right of entry and access to the Property (or a portion of the Property) for the purposes of conducting environmental investigations, surveying, inspections, and other activities necessary to determine the suitability of the Property (or portion of the Property) for the Expanded CHWWTP Property, the Holding Pond Property, and the additional lands that might be needed for spray irrigation of treated effluent. Within thirty (30) days after receipt by the City from the Developer of both the Letter of Credit for the Expanded CHWWTP as required by Paragraph 29 of this Agreement; and (b) the recording of a Deed in the Official Records of Williamson County Texas conveying the Expanded CHWWTP Property to the City as required by Paragraph 25 of this Agreement, the City shall commence the actions and work necessary to file or cause to be filed a Texas Land Application Permit ("TLAP") or a Texas Pollutant Discharge Elimination System Permit ("TPDES") with the TCEQ for the Expanded CHWWTP. 18. City agrees to arrange for a professional engineer registered in the State of Texas to prepare TLAP or TPDES application, the design drawings, and bid documents ('Expanded CHWWTP Plans") as necessary for the permitting, design, and construction of the Expanded CHWWTP. City shall provide drafts of the TLAP or TPDES application and the Expanded CHWWTP Plans, along with an estimate of costs prepared and sealed by a registered professional engineer licensed to do business in the State of Texas, to the Developer upon Developer's written request. 19. City shall follow all required procurement laws relating to the procurement of goods and services for the Expanded CHWWTP. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 4 of 19 20. City shall enter into a contract for the construction of the Expanded CHWWTP in accordance with the terms and conditions of this Agreement and with the approved Expanded CHWWTP Plans. The City shall have the sole discretion to approve any change orders. 21. City shall, subject to force majuere and other provisions of this Agreement, exercise reasonable diligence to assure the substantial completion of construction of the Expanded CHWWTP on or before the date that is three (3) years after the issuance by the TCEO of the permit for the Expanded CHWWTP. 22. Prior to the completion of the permitting, design, construction, and commencement of operations of the Expanded CHWWTP, there shall be restrictions on final plat recordation and wastewater connections which are set forth in the Development Agreement between the City and Developer. 23. Developer shall remit to the City payment for all costs associated with the permitting, design and construction of the Expanded CHWWTP (including legal fees). Such payments shall be made by Developer to the City at least monthly as the work on the Expanded CHWWTP progresses, and shall be due within thirty (30) days after receipt by the Developer of a written request by the City for such payment (the "City's Pay Request"). The City's Pay Request shall include a summary or tabulation of the work performed as of the date of the City's Pay Request, total sums due for such work, as well as copies of all invoices or other documentation of costs received by the City that are associated with the permitting, design, and construction of the Expanded CHWWTP for that period. 24. Notwithstanding any other provision of this Agreement to the contrary, if a TLAP permit or TPDES permit for the Expanded CHWWTP is not approved by the Commissioners' of the TCEQ on or before September 31. 2009. this Agreement shall be terminated and the Developer and the City shall commence good faith negotiations on an agreement for the construction of improvements necessary to provide interim wastewater service to the Property from the South San Gabriel Interceptor or from other City wastewater lines that may be constructed in the future serving the Middle San Gabriel River basin. Developer agrees that in the event of termination under this Paragraph: (a) wastewater service to the entire Property may not be available; and (b) Developer shall be responsible for payment of the City's costs and expenses related to permitting, design and construction of the Expanded CHWWTP, and the acquisition of the Easements (including, but not limited to eminent domain proceedings) incurred by the City prior to the date of termination of this Agreement. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 5 of 19 Conveyance of Lands to the City 25. Anytime after the Developer closes on the sale of the Property, the City may request, and the Developer shall convey, at no cost to the City, fee simple title to the Expanded CHWWTP Property, the Holding Pond Property, and, if required pursuant to the terms of Paragraph 28, additional lands for spray irrigation of treated effluent from the Expanded CHWWTP to the City, with all such property and additional lands being acceptable to the City. The Developer shall provide a title insurance policy issued by Georgetown Title Company, Inc. to the City guaranteeing the City's record title to the Expanded CHWWTP Property, the Holding Pond Property and, if necessary, the additional lands for spray irrigation of treated effluent. None of the land conveyed to the City shall be burdened by any lien or other encumbrance. Developer shall also pay closing costs and all applicable property taxes on all such land conveyed to the City. 26. Developer shall, prior to the recording of a final plat for any portion of the Property, grant, at no cost to the City, the Western Easement to the City, the form of which shall be acceptable to the City. 27. Developer agrees that the City will not accept any conveyance by deed or easement of any property described herein burdened by any lien or any other encumbrance. 28. Developer understands and agrees that the treated effluent from the Expanded CHWWTP will be provided first to the Cimarron Hills Point of Delivery. If the rules of the TCEQ or a condition of the TLAP or TPDES permit issued by the TCEQ for the Expanded CHWWTP requires the application of treated effluent to land other than the Cimarron Hills Golf Course, then Developer shall provide, at no cost to the City, additional land for treated effluent disposal. Fiscal Surety 29. To secure the permitting, and the proper design and actual completion of the Expanded CHWWTP in accordance with the terms of this Agreement and the rules and regulations of the TCEQ Developer shall post and maintain fiscal security in the form of an irrevocable Expanded CHWWTP Letter of Credit (herein so called) in the amount of 125% of the estimated cost for permitting, design and construction the Expanded CHWWTP. Developer agrees to post such Expanded CHWWTP Letter of Credit within thirty (30) days after receipt from the City of written cost estimates for permitting, design and construction the Expanded CHWWTP, and to maintain such Expanded CHWTTP Letter of Credit until the City's acceptance of the completed Expanded CHWWTP. 30. The City acknowledges that work on the Expanded CHWWTP may proceed in stages, with the permitting, design, and construction occurring at different times and/or in Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 6 of 19 stages, and accordingly, after receiving payment from the Developer in accordance with Paragraph 23 of this Agreement, the amount of the Expanded CHWWTP Letter of Credit may be reduced by an amount equal to the cost of the completed work for each defined phase of permitting, design, and construction, at the written request of the Developer (such requests to be made no more frequently than once every three (3) months), so long as no Event of Default exists (subject to applicable notice and cure periods) under this Agreement or the Expanded CHWWTP Letter of Credit. The remaining balance of the Expanded CHWWTP Letter of Credit shall be released and returned to Developer promptly after completion and acceptance of the Expanded CHWWTP. 31. If at any time during the course of the work on the Expanded CHWWTP the actual permitting, design, and construction costs is expected to exceed the amount of the Expanded CHWWTP Letter of Credit, the City shall so advise Developer in writing, and Developer shall remit, within thirty (30) days of the receipt of the notice, a new or replacement CHWWTP Letter of Credit for the required amount. Impact Fees 32. The Impact Fees associated with development on the Property shall be those for "Wastewater (outside of South Fork Service Area)" (hereinafter referred to as the "City - Wide Wastewater Impact Fee") as set forth in Exhibit B to Chapter 13.32 of the City Code Of Ordinances, as the same may be amended from time to time. Impact Fee Reimbursement 33. In order to reimburse Developer for the costs of constructing the Expanded CHWWTP, Developer shall receive Impact Fee Reimbursements (herein so called) from that portion of the City -Wide Wastewater Impact Fees that are attributable to the Expanded CHWWTP received from wastewater connections on the Property, in accordance with the terms and conditions of this Agreement and generally in accordance with the reimbursement schedule provided in Exhibit B attached hereto. Subject to the terms and conditions of this Agreement, Developer shall be eligible to begin receiving Impact Fee Reimbursements received from connections on the Property after the Expanded CHWWTP is fully operational, and shall be eligible to continue to receive such Impact Fee Reimbursements until such time as Developer is reimbursed for the lesser of either (a) the total amount of all City Pay Requests paid by the Developer to the City under the terms of this Agreement for the cost of the Expanded CHWWTP (permitting, design, and construction, excluding interest), or (b) the total amount allocated to the capital cost of constructing the Expanded CHWWTP that is included in the City -Wide Wastewater Impact Fee received from connections on the Property (the "Maximum Reimbursement"). 34. The Impact Fee Reimbursements shall be payable, if paid, solely from the City -Wide Wastewater Impact Fees received from connections on the Property and no other source. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 7 of 19 Notwithstanding any other provision in this Agreement to the contrary, the City's obligation to make Impact Fee Reimbursement payments to the Developer shall expire upon the earlier of (i) payment to Developer of the Maximum Reimbursement; or (ii) the date that is fifteen (15) years following the Effective Date of this Agreement. Any payments yet to be paid after the end of the fifteen (15) year term described in this Paragraph shall be deemed unearned and the City shall have no further obligation to Developer for same. 35. The obligations of the City under this Agreement to make payments in any fiscal year shall constitute a current expense for that fiscal year payable solely from City -Wide Wastewater Impact Fees collected in that fiscal year from wastewater service connections on the Property. The obligation of the City to make payments does not constitute a general obligation or indebtedness of the City for which the City is obligated to levy or pledge any form of taxation. 36. Within thirty (30) days of final acceptance by the City of the Expanded CHWWTP (or phases thereof), City must submit a report to the Developer of the total costs of the project that includes the supporting information. Default and Remedies 37. Developer shall be in default under this Agreement upon the occurrence of one or more of the following events (each an "Event of Default"): a. Developer fails to post and maintain or to increase the amount of any Letters of Credit when required to do so under this Agreement; or b. Developer fails to remit payment to the City in response to a City Pay Request for any work associated with the permitting, design, and construction of the Expanded CHWWTP when required to do so under this Agreement; or c. Developer transfers or conveys the Property or a portion of the Property through foreclosure or an assignment or conveyance in lieu of foreclosure, or d. Developer fails to comply with the terms and conditions of the Development Agreement or any other provision of this Agreement; or e. Chisholm Trail Special Utility District fails to certify to the City's satisfaction that it is capable of providing and will provide water service to the Property in accordance with the standards set forth in the City's Unified Development Code. 38. Upon the occurrence of an Event of Default that cannot be cured by the payment of money, Developer shall have sixty (60) days (the "Cure Period") following receipt of written notice thereof from the City to cure the same. If such matter cannot be cured by Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 8 of 19 reasonably diligent efforts within the Cure Period, then such occurrence shall not be an Event of Default so long as Developer promptly initiates and diligently and continuously attempts to cure the same, even if the same is not cured within said sixty (60) day period. No later than thirty (30) days following the expiration of the Cure Period, the City shall provide one or more notices to Developer stating that the City intends to perform none, some or all of for the work on the design, permitting, and construction of the Expanded CHWWTP using the proceeds of the Expanded CHWWTP Letter of Credit. 39. If after notice and an opportunity to cure as provided for in Paragraph 38 of this Agreement, the Developer shall be in default of this Agreement. During the existence of an Event of Default, the City shall have no obligation to permit, design or construct the Expanded CHWWTP, or to provide Impact Fee Reimbursements to Developer, and shall have the right, but not the obligation, to draw on the Expanded CHWWTP Letter of Credit posted by the Developer, in which event the City shall complete the permitting, design and construction of the Expanded CHWWTP, but shall only be obligated to complete as much of that work as such fiscal security may allow. The City may perform such work itself, or engage a third party to complete such work on behalf of the City. 40. If an Event of Default is due to a matter that can be cured by the payment of money, then Developer shall have seven (7) business days to cure such Event of Default (the "Monetary Default Cure Period"). After the expiration of the Monetary Default Cure Period, the City shall have the right, but not the obligation, to draw on the Expanded CHWWTP Letter of Credit posted by the Developer, in which event the City shall complete the permitting, design and construction of the Expanded CHWWTP, but shall only be obligated to complete as much of that work as the fiscal security may allow. The City may perform such work itself, or engage a third party to complete such work on behalf of the City. If the City elects not to draw on the Expanded CHWWTP Letter of Credit in order to complete the Expanded CHWWTP, the City will have the right, but not the obligation, in its sole discretion, to terminate this Agreement, in which case the Letter of Credit will be promptly released or returned to Developer less any and all amounts attributable to costs and expenses incurred by the City prior to termination of this Agreement, for which Developer shall remain responsible. 41. If the City elects to terminate this Agreement for any reason allowed by this Agreement, the City will have no obligation to provide wastewater services to the Property except to those portions of the Property for which all of the following conditions are true: (a) a final plat has been approved by the City and recorded in the Official Records of Williamson County in compliance with the terms of the Development Agreement; (b) impact fees have already been paid for the wastewater connection; and (c ) there exists sufficient capacity in the Existing CHWWTP to provide service. In addition, Developer shall not be entitled to reimbursement for any costs or expenses previously incurred Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 9 of 19 with regard to any portion of the Expanded CHWWTP that was not completed prior to the termination of this Agreement, and shall refund any Impact Fee Reimbursements paid by the City prior to the Event of Default. 42. The City agrees that prior to filing any claim or suit relating to this Agreement, it shall first notify the Developer in writing at least thirty (30) days in advance thereof and attempt to resolve the dispute informally through good faith discussions. The measure of damages for breach of this Agreement by Developer is the reasonable cost of completing the Expanded CHWWTP in conformance with the City's requirements, procedures, and specifications, including without limitation, any and all associated legal and administrative expenses. For work on the Expanded CHWWTP upon which construction has not begun, the estimated cost of the Expanded CHWWTP shown in the final bid documents will be prima facie evidence of the minimum cost of completion, however, that amount does not establish the maximum amount of Developer's liability. The Developer shall not be liable for any indirect, consequential, exemplary, incidental or punitive damages. 43. It shall be a City Event of Default if, subject to Force Majuere, the City fails to timely meet its obligations under this Agreement. Upon the occurrence of a City Event of Default, City shall have sixty (60) days (the "City Cure Period") following receipt of written notice thereof from the Developer to cure the same. If such matter cannot be cured by reasonably diligent efforts within the City Cure Period, then such occurrence shall not be a City Event of Default so long as City promptly initiates and diligently and continuously attempts to cure the same, even if the same is not cured within said sixty (60) day period. The Developer agrees that prior to filing any claim or suit relating to this Agreement, it shall first notify the City in writing at least thirty (30) days in advance thereof and attempt to resolve the dispute informally through good faith discussions. The City shall not be liable for any indirect, consequential, exemplary, incidental or punitive damages. Ownership of the Expanded CHWWTP 44. Upon final completion construction of the Expanded CHWWTP, and the acceptance of same by the City, the Expanded CHWWTP shall become the property of the City. Provision of Utility Service 45. The parties agree and acknowledge that from and after the time of acceptance by the City of the Expanded CHWWTP, the City, will provide wastewater utility service to customers within the Property subject to the conditions stated in this Agreement and according to the City's policies and ordinances, as amended from time to time. Nothing in this Agreement will be construed to limit, restrict, modify, or abrogate the City's governmental authority or ordinances respecting the operation and maintenance of its Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 10 of 19 wastewater systems nor its duty to provide for the public health, safety, and welfare in the operation and maintenance of the same. 46. Upon completion of the Expanded CHWWTP and acceptance thereof by the City, the City agrees that the Developer will have a capacity interest in the Expanded CHWWTP up to an average daily flow of 250,000 gpd or 860 Service Unit Equivalents ("SUEs") for use on the Property, and that upon payment of all impact fees the Developer will have wastewater treatment capacity of up to 250,000 gpd or 860 SUES for the Property; provided, however, that wastewater service to the Property shall be subject to the terms and conditions of Development Agreement between City and Developer, and the following additional provisions: a. Service may be available only upon the City's approval of the final plat or plats of the Property and the recording of same in the final plat records of Williamson County in accordance with the requirements of the Code; b. This Agreement in no way obligates the City to approve service extension requests not conforming to the requirements of the City's ordinances nor otherwise binds the governmental powers of the City with respect to the approval or denial of the same; provided, however that so long as the terms of this Agreement are satisfied, the City agrees to not unreasonably withhold, condition or delay its approval of any service extension request, c. This Agreement does not exempt Developer, or its successors and assigns, from the requirements of any ordinance applicable to development within the Property covered by the service extension requests; d. This Agreement does not guarantee approval of the final plat or plats of the Property or the approval of any other applications or permits related to the Property; e. This Agreement will not be construed to create or confer upon Developer, or its successors or assigns, any manner of legal title to, equitable interest in or other claim of joint ownership with respect to property, whether real, personal or mixed comprising the Expanded CHWWTP, after final acceptance of the Expanded CHWWTP by the City. f. The City can use the capacity in the Expanded CHWWTP as long as it does not damage or decrease the Developers capacity interest set forth above. General Provisions 47. No Special Districts. From and after the Effective Date of this Agreement, no special districts or municipalities of any kind, including without limitation any type of water Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 11 of 19 district, road district, municipal utility district, library district, or any other type of district shall be created on the Property, without the prior consent of the City Council. Developer shall not apply for, support, sponsor, or seek third party sponsorship for any such district or municipality without the prior written consent of the City Council; provided, however, that this provision is not intended to prohibit the creation of a homeowners' association, with limited powers and duties typical of a homeowners' association, or any form of property owners' association that does not impede or impair in any way the City's ability to annex the Property or the City's bond or credit rating. 48. Other Infrastructure Improvements. Developer agrees that it shall construct all other onsite (within the Property) infrastructure improvements required for the project and/or the Property at its sole expense and in conformance with the Code and all other applicable City standards and requirements. 49. Remedies. The remedies available under this Agreement and the laws of Texas are cumulative in nature. 50. Third Party Rights. No person or entity who or which is not a party to this Agreement shall have any right of action under this Agreement, nor shall any such person or entity other than the City (including without limitation a trustee in bankruptcy) have any interest in or claim to the funds that are required as fiscal surety of this Agreement. 51. No Waiver. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. The failure at any time to enforce this Agreement or covenant by the City, Developer, or their respective heirs, successors or assigns, whether any violations thereof are known or not, shall not constitute a waiver or estoppels of the right to do so. 52. Attorney's Fees. Should any party be required to resort to litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. If the court awards relief to both the City and Developer, all parties will bear its own costs in their entirety. 53. Assignability. This Agreement is binding upon Developer, and the successors and assigns of Developer. Developer's obligations under this Agreement may not be assigned without the express written approval of the City, such approval not to be unreasonably withheld, conditioned or delayed; provided, however, Developer may assign its rights hereunder to affiliates of Developer that own over 50% of the assets or shares of Developer without the necessity of obtaining the City's consent. An Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 12 of 19 assignment shall not be construed as releasing Developer from Developer's obligations under this Agreement, and Developer's obligations hereunder shall continue notwithstanding any assignment approved pursuant to this Paragraph, unless and until the City executes and delivers to Developer a written release of Developer from the obligations imposed by this Agreement. Notwithstanding the above, the service commitment provided herein shall run with the land. 54. Notice. Any notice required or permitted by this Agreement is effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to Developer: Oaks at San Gabriel, L.L.0 Attn: Joe Straub 4408 Spicewood Springs Road Austin, Texas 78759 With a Copy to: John M. Joseph Clark, Thomas & Winters, P.C. P.O. Box 1148 Austin, Texas 78767 If to City: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 With a copy to: Patricia E. Carls Brown & Carls, LLP 106 E. 60, Street, Suite 550 Austin, Texas 78701 55. Change of Address for Notice. The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of the change is provided to the other party in accordance with the provisions of Paragraph 65 above. 56. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other party, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothe]]) Page 13 of 19 57. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, whether arising out of or relating to the Agreement or the Security, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division. 58. Captions Immaterial. The numbering, order, and captions or headings of the paragraphs of this Agreement are for convenience only and shall not be considered in construing this Agreement. 59, Entire Agreement. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent written modification executed by both parties. 60. Binding Agreement. The execution and delivery of this Agreement and the performance of the transactions contemplated thereby have been duly authorized by all necessary corporate and governmental action of the City. This Agreement, when duly executed and delivered by each party, constitutes a legal, valid, and binding obligation of each party enforceable in accordance with the terms as of the Effective Date. 61. Recording. The parties agree that this Agreement may be recorded in the Real Property Records of Williamson County, Texas at the expense of Developer. 62. Further Assurances. The City and Developer agree to take such actions and execute and deliver such documents as may be reasonably necessary or appropriate to effect the provisions of this Agreement. 63. Effective Date. This Agreement will be effective on the date of signature by the last party hereto. 64. Force Majeure. Whenever a period of time is prescribed in this Agreement for an action to be taken by a party, such party shall not be responsible or liable for, and there shall be excluded from the computation for any such period of time, any delays due to a Force Majeure Event or Conditions. For purposes of this Agreement, a "Force Majeure Event or Condition' shall mean the existence or occurrence of any of the following: Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), governmental restrictions (including the delay in appproving or the denial of any permits or other approvals), riot or other civil unrest, court order, act of terrorism, exposure to tixic chemicals, war, government sanction, shortage of labor or materials, property acquisition, or any other cause beyond the reasonable control of said party. Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothell) Page 14 of 19 65. Authorized Signatures and Time of Obtaining Same. Developer agrees that it shall arrange for a duly authorized representatives of Developer to sign this Agreement within twenty (60) days of the date that the City Council approves this Agreement. Failure to obtain such signatures shall result in termination of this Agreement. 66. Term. Unless sooner terminated pursuant to the provisions herein, this Agreement shall remain in effect until the fifteenth (15th) anniversary of the Effective Date (the "Termination Date") 67. Recording. The parties agree that this Agreement shall be recorded in the Real Property Records of Williamson County, Texas at the expense of Developer. (Signature Pages to Follow] Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 15 of 19 EXECUTED by the parties on the dates indicated below: CITY OF GEORGETOWN, TEXAS ("CITY") Printed Name: Date: Approved as to Form: Patricia E. Carls, City Attorney Brown & Carls, LLP OAKS AT SAN GABRIEL,L.L.C., a Texas limited liability company ("DEVELOPER") Printed Name: Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 16 of 19 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2007, by of the City of Georgetown, a Texas home rule municipal corporation, on behalf of said City. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2007, by of Oaks at San Gabriel, L.L.C.,, a Texas limited liability company, on behalf of said company. Notary Public in and for the State of Texas Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Page 17 of 19 Exhibit A The Property Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Rothe]]) Exhibit B Impact Fee Reimbursement Calculations Total Portion of City -Wide Wastewater Impact Fee Available For Reimbursement = $874 Reimbursed as follows: Impact Fee Source Developer *City -Wide Wastewater Impact Fees Collected/ Service Unit Equivalent $874 for connections on ILFLoXerty * Based on current City -Wide Wastewater Impact Fee (as defined in the foregoing Agreement) of $1,881 per service unit. Such amount to be adjusted for new connections that plat under a future fee (which may be more or less than $1,881). Offsite Utility Construction and Cost Reimbursement Agreement / Oaks at San Gabriel (Bothell) Exhibit B Council meeting date: April 10, 2007 Item No.: Q AGENDA ITEM COVER SHEET SUBJECT First reading of an ordinance of the City Council of the City of Georgetown, Texas, releasing special assessment liens established in 1922 by ordinance recorded in Volume 6, Page 415 of the Official Records of Williamson County, Texas ITEM SUMMARY: In 1922, the City of Georgetown levied assessments for paving in and around the downtown/Old Town area. An ordinance was recorded in the Mechanics Lien Records of Williamson County, Texas, listing all property owners assessed and a requirement for payment of the assessment within four (4) years thereof. The City frequently receives requests from title companies, on behalf of the current owners of the properties, for release of the subject liens. Due to the fact that the City does not have financial records dating back to 1922, it is not possible to find the actual payment records However, the City has no reason to believe that the liens were not all paid when due. Consequently, the City Council routinely approves the release of these liens. In order to streamline the process by eliminating the necessity to release each lien individually, the attached ordinance is proposed for Council's consideration. Upon recording in the real property records of Williamson County, the proposed ordinance will effectuate the release all the liens assessed in the 1922 ordinance. ATTACHMENTS: Proposed Ordinance Submitted By: Patricia E. Carls, Brown & Carls, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, RELEASING SPECIAL ASSESSMENT LIENS ESTABLISHED IN 1922 BY ORDINANCE RECORDED IN VOLUME 6, PAGE 415 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown receives several requests per year from the current owners of property in and around the downtown area for the release of paving assessment liens hereinafter described; and WHEREAS, these liens were established by ordinance dated October 10, 1922 entitled "An Ordinance Making Final Assessments Against Abutting Property Owners and Their Property for Improvements of Certain Named Streets and Portions of Streets within the City of Georgetown, Texas; Providing for the Time of Payment, Method of Payment, Method of Enforcing Payments; the Issuance of Assignable Certificates; and Collection of Attorney's Fees," (the "1922 Assessment Ordinance" a copy of which is attached hereto as Exhibit A; and WHEREAS, the 1922 Assessment Ordinance was filed of record on January 25,1923, at Volume 6, Page 415, Mechanics Lien Records of Williamson County, Texas, and levied against real property and against the real and true owner of said property at the time of the assessment, which liens were to be due and payable within four (4) years of said assessment; and WHEREAS, the property owners affected by the lien have asserted that the liens were timely paid when due; and WHEREAS, the City of Georgetown has no financial records dating back to 1926 and, therefore, no official determination can be made as to whether or not the assessment liens were paid, but the City has no reason to believe that they were not paid when due; and WHEREAS, the City Council, after finding the specific facts stated above, now concludes that the subject assessment liens should be released. Ordinance No. Page 1 of 3 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 ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy End 14.00 of the Century Plan - Policy Plan Element, which states: "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided"; 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. The City Council further finds that the passage of this ordinance 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 2. The City Council hereby releases the liens against all properties listed in the 1922 Assessment Ordinance, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference for all purposes as if set forth in full. The City Council further authorizes and directs the City Secretary to record a copy of this Ordinance and the attached Exhibit A in the Official Records of Williamson County. SECTION 3: This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. Ordinance No. Page 2 of 3 PASSED AND APPROVED on First Reading on the _ day of 2007. PASSED AND APPROVED on Second Reading on the _ day of 2007. ATTEST: THE CITY OF GEORGETOWN 0 Sandra D. Lee, City Secretary Gary Nelon, Mayor APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney STATE OF TEXAS ACKNOWLEDGEMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of 2007, by Gary Nelon, in his capacity as Mayor of the City of Georgetown, Texas, a home rule municipal corporation, on behalf of the City. Notary Public in and for the State of T E X AS Ordinance No. Page 3 of 3 MAR -19-2007 NON 11:52 AN GEORGETOWN TITLE FAX NO. 5128884255 P. 02/08 Civeu under my hand and seal of office thio the 12th day of OCtOO'r, R D 19r,2. (1. 9. ) Filed for Record Joe 23,1923 at 3 O'aluck p p L•emrded Jan 25, 1923 at 8;45 o'clook � m D W liloo'. Rotary Fub'i,, Williammn COOnty, Terne. v Clerk,Cooaty Court,W111iomam 00anti,Te' j S CITY oe' GaORO3Tp.vN 0/0 COPY OF oiwy u !:i RD STitliETC iiTC. AN ORDINAlIOS !aAKIRG 21NAL ADStSSUMITS AGAIII3T AHIITTINO HAOURTY GICIilt3 AaD Mini r-1,- 'Y FOR I:6':tOyl' )LINTS Op aRTAL7 H6lr.n ST -k :=t AND POHTI01:9 it SFO ETO ROYL- THR CITY OF O;;OHO:JpO'�'N 1 TF.KA3, L-WIDIRO 9'M TII2: .7 TAYI(r IT, '„&THUD OS' UNCIL'O PFYIILUTS. Tif3 Ie3UAlick 02 AS9IFSIhLhu '•'1'TIFIOAa^^:i, AND COL- LSOTION dRD 12'8^ON)EY13 FR15. BR IT OR-�A11= by the City Conrail of the City of oedrgotOwn, Texan; $ao, 1. That the 829e8ementa hereinafter eat out, he and tOey are heraby nude against the Abutting property ami the Owmke thereof for impao",io.ts mode mala and to be on and along the following streets mid POrtiOnB of etresta in the Clty Of George- town, .4111ams n Oounty, Tecta, to -wit; 1 OD BRUSHY STMT: From Hirth property line Of ,,enter nroat to South line of li Moak 81. ON COLIECS STRNNT; From North pru!,rty line of 16th 4treot to South propsrty { line of 7th Street. 3 ON UHP.;UH STHiMT: From South preporty line of 16th ftragt to Doatt property line of 7th 2trevt. i ON 8i.'VR11.7! STR}ST; from I& G N R R to N K& T R, It. ON EIGHTH SM- "T: From :wet property line of Fareot 7troot to 104t property 1140 Or Collage Otreet; 011 UHI'V:U;SITY AV!SUUS uR 12TH 02',}MT: From Bast property line of Timber Street to a U Anna'. which eeaeeemente herein made for the heave named portion, Of acid etroata are for tine paving .11th Uvalde Stork Asphalt and the plaO,hn of Concrete ourbe and gattern t &lung the lie of told Street in certain instsneob, Sea. 2. That the „e,eermento herein mads Ogniust abutting property a,u the OwnarE tbore0f, are hereby made a lien against Been prui+erty and a P0ke0nal obligation egainet the owtse of each property, same to be enforceable and r.cororahlo in any Uourt of anmpetent ;prl,dlatloD. Duch lien to be tae .flrct euforoeable alai, ,gaunt the prop.urty again,t whish it 1e 5,e,,asd, onperior to all Other Blaine except State. County and Uunizipal taxes, excupt that no lion ie umertaken :wreby to he fixed against property osamit by the leve of thio ,tate condor ....»tion, but is auah evert to awnere Of Eliot property ,hall not be exempt from Per0ohal liability for the 00at of 8110" lmprovemeuts COnatrueted lin front of their abutting prepetby, which Se hereby ntooeaed again:L trete, j 1 I EXHIBIT R MAR -19-2007 MON 11;52 AM GEORGETOWN TITLE FAX NO, 5128694255 P. 03/08 Sec 3. That the-as2ea,marlt9 heroin ser 40 aro to ba du¢ and "'• 1 payable oa Yol Lowe, to-w.r - , ' Ono -fifth (1/5) Inch within thirty days after ao.eptuac, of the improvamnnta by the City of GtUrEet Ownr TerE6. One-fiitb (1/5) in one your; one-fifth (1/31 in two yearn; ono -fifth f'/SJ in thren years; and one -)fifth (1/5) in fmiv years from the Said date of thirty flays after the acceptance of slid itdcrwam,.nto by the laid City of Georgotown, Teras. . That the laid doferrad paymsgta shall boor interest It the rate of eight (8%) i ;J per cent per annum from said data of thirty day, after aooeptence of Onch improvements, ! pruridod, however, that said owners OF abutting property may make payments, in Whole or is part, On the ssferrad aseent At any time before maturity by payment of principal and ea. ) trued interest to date Of such pay�ilent. 1 gee. 4. That the total oo9ta OY such improvements 10 the sum of '170,996x67 That the proportion of the cocta, which it is proposed to access uro apsi.a et prop- i arty Owners and their property ie the eof . _ _ .. _ _ _ - S10E,7P2.P5 And the total amonnt to be paid by the City of Georgetown is the muse of - ___ _ ____ _ ___ ____ ___ _ ___ __568x076.42 That the amount per front foot ac+eesad against each parcel of property and x Its owner, not including the Coot of curbs end gutters, all of Which eurbe and gutters aro assessed against the resioativu property and its owners is, according to the width s a Of said street*, as follows, to_wit: i' ON DRUM ST3.a*^�T: 30 foot width - - - - - - - - - - - - - $2.35 60 ^ Horth of "U410 Square - - 84,67 6C " South of rublio 3quare,. S4, eq CN COLT'ZGR 3T!i<-T: 20 foot •dldth - - - - - - - - - - - -- y1.49 ON CiIW..0?t STREET: 26 " " _ __ _ _ _ _ _ _ _ _ _ _ ¢1.93 ON SEVENTH STR$9T: 20 " n . . . . . . ... . . .. $1.00 bb - _ __--_ _--24.47 57 " - -- --- --- -- --84.44 24 " On 4IOHT11 3TRERT: 24 „ " . _ _ . _ _ . . _ _ . %1.76 . 50 ^ c - - - - -- -- - --54.54 61 ^ " _ _ __ _ _ _ _ _ _ _ _ _ "4.98 ON ONIVZRSITY AV72Md 03 12TH Si'RH2T. 24 foot width _ _ _ 81.91 30 „ „ .''$2.36 j 30c. S. It is further ordained that the following 628eesmortta be, and they aro i hereby made against the abutting property owm rm for the improvements cct but as follows, to_wit: X Column No. One setting Cut the name of the Ownerof such abutting property; Column no. Two, the loomtioa Or deecrlption Of the property; Colima no. Three, the front- ! age in feat and Column Do. ?our, the tote' asseaemant rondo agsinat eiah Piece of property and the owner thereof, whore came appears in Colima No. 1, u i ppoa ito 'such amount AS Ya1. y lova, to -wit: HROSTI STRHET. from N. property line -enter 2t., to S line Block 61, 30 foot width, Sk.36; 60 foot width, x,4.67, North of ,mare. 'v""4.04 South of 0n users. MAR -19-2007 MON 1152 AM GEORGETOWN TITLE FAX NO. 5128694255 P. 04/08 OJ:I:iR LOT AND HLOOY. MT . CharlieF Charlie Lot 1.Outlot 1,$look 2, 79 45°F93=T e., m Stn Guaranty State Bank• Lots 4.5,aad 4.210 OL 50, 166 00 1016:65 /Dave coon;ttt Rathte,Lot 1, Blook 51 Hiles Bron. Part Lot l,Block 60 gy 158.80 137.25 Liadell•Peteraon di Bamllton C C Bampton Pert Lot H,Blauk 51, G0 929.40✓ Bra Laura rniol Part Lot e, Block 61 60 Pert Lot 1. Block 50, 329.60✓ Bea M Barker Late ; and 2, Block 30 3 100 186,80 wm 5andgran, Lot B, Block 2 60 320.80 hJ B Humphries 'Mann G Osrlaan, Lots b,6. nad 7,31ouk 2 100 199.50 563.20 Mrs S A Ho1g..s Lata 3 and 4. Block Part 3 140 440.80 J D Jdnkins Block 6h Part Blo.k 13 78 254.80 J a Part $l ook 6S 120 88 383.20 PX d mire umu Part Black 12 120 195.00 Prof Jao B L'lark Part Block 66 100 84.50 Grammer School 324.50 T 'X Wilson Fart Block 65 240 80 744.60 - B X Hoagem Part Block 65 75 240.00 .^.hunch of Chriet, Part Block 65 80 225.00 A 3 P1aher Joe BMay LOU 7 and O, Bleak 27 120 264.60 328.60 �:Jra P D Foontt Lots 6 and 8, Block 27 120 377.63 ✓" Estate 2 3 Lots 1 said 2, a"L 28. 120 370.60 --haw, Claus Anderton Lot S. BlooL• 28 } Block 70 50 177.00 D S,aasoa, Part Block 0, Morrow 100 94 300.00 H 3 Btromborg y Block 70 100 202,00 -- -H :. 0trout Bra Fart Block 0, Morrow 80 300.00 Mrs T Moatgorlary Beno Blocks 0 6 P Morrow:100 940.00 Ura Jno T1na16, 41009. 71 17911 300,00 638,60 are •' M 4tkin, C Part Block A Morrow 293 673.50 3 Belford. Block 72,and part Black L R Lundell 73 Part Block B Morrow 167 1113 501.00 M Y Smith are X Part 51001. 13 120 334,50 :360.00 2 Ford ` Part Klock B Morrow Lavet, a Velma Tke- 113. 339,00 dale. . Mrs Hama Bobo, Block 74 Part Block ❑ Marrow 1101 331.80 Oso B MODOulel Black 75 113 "5.00 Augh Barron, Fart Block C Morro., 91 99 CopFOr 8anaon, Pert Outlet 1. 17. 297.0 R _ Banner Fart Outlot 1 120 36.00 ''-�p'd'".6shagan• $100k 76 a: M - `ssenea B1a0k 77 91 80 283.00 ✓� 3 A Hodges John Bush art Bleak 77 aaJ 7B 165 260.96 516.95 R Taaack Thompson Lot 7, Block 254,96 _ Cue Isummon 2.Outlot Port Block 70 1� 7a 234.00 •' C B FeubioDioa Lar 4.Bloe2.Unt lot 135 1, 78 4F15.g5 a Montgomery Pert outlet 2 70 234.00 M Lon L 'M L gford and a 5 230.93 eiaher, Jr., ::A .- gar Furl, Part Ontlot 9, Part q3 970.00.00 De SYtt Thompson Ontlot 2' fart 4ntlot 2 75 '0 970.00 _- .-conn Shaw, Part Outlot 8 82 100.00 Are M S .'alley Part OutlOt 2 1311 240.1:0 e c Peaelec. Part Block 79, :196.30 Part Bloc,, 79 149.2 441.53 Block 00 76 70 - 2.8.00 tLhmaitebgrg-�il3. All O1 210.00-' ffio0k Sallie AndJ'1112 209 627.00 2tnbnlefiald Lot 4, 11uek 20 60 Sutton : Iriaendkue. Lot 1, past Lot 4, 200.53 0 M lir cr Y Block 37 Ilett Loto 4 a 5,:iluok llb 37 66 631,30 ✓Shan Broe. .Part LOTT fid e,Blook fc7 E0 292.60 Ptrat dationAT Bw,k Part Lot O,Blocic 37 106.40 .i 4 ,via Lot O, BlouL 30 120 x-311 B Lou Kett Lot 1, Block 657,90 30 120 636.40 a'otal. - - - - - - - - - - - - - - - - - - - - -392,673.33 From Aahu property lineof15th Pt., to Huuti, Property 11110 of 7th '"treat. iront loot, :}1.49, 20 foot aide. GiOD'Y. tie- i3xtt le 0 Borger, LOT AND BLOU Pnrt Block '"-T .,a 233"laT. O H N L 'mlaleman,Srd 1278 .;279.05 ane Ih)a 'endleman Pert :11"L 0 d 'lave .'hitlarth B1uak 97 `,9''40 Mra - 7 •.tune L'look 96 lO6O 3'6.90 ' J aurohom POrt jiuek 6 1 166' 'F 356.31 "Pearl 31109 kart «look 4 M 120 275.46 D .. Cartor Pert °loOL• 94 120 874.60 1$6 MAR -19-2007 MON 11:53 AM GEORGETOWN TITLE FAX NO, 5128694255 P. 05/08 Puttus ru _&xy �inyaer D3 lirtill. 4..1, 84 540 117-1.25 A B dogitt, 1�132L 86 85 177.46 • !rut Claud fiO4a.dPrt Block 66 :.Ira Boa -ie 1)rep,r, Putt 210.1: 66 J i Gordon , 2 ilondriz, zu't 01001: 67 76 140 lzo.00 .156.00 2 It Rwbiiioon Part block 37 Y Cor 60 147.06 adi. '"n0har Part L'loak so Port Blout 88 so A,/.o-, 17 9 Mu'row K"t. ?.rt J104kv.�'b so 120.40 C ZnTty Yrt Ins 224.70 J $tons �10ok 01) 100 �95.��g .DUthwaotern Vnivere!ty 41001: A, Clamp %420 403.115 lira !Its Jhitteaborg Late 1.2,5 % 4,111u.k 5 0 No 247 ).203.30:sullen 68".vi L �4 Queen 2urt 3100 113, �Iamp ion 4"8.00 laook 0, Clump 119 239.80 Total, - - - - - - - - - - - - - - - - - - - - CIMCH 343L:,T 8"tl: Iarerty line of loth 3treat to ocuth p rcruvty 1,L10 of 7th Street: 20 foot �1-93 Per front toot. 11A: -i 021 OINa John 3harps LOT A'" BLOCK ?a T Aarlia3slaxT :Ucz Lucy �70;r Lot 2, !AOC, 4.Laean 70 $iamo itto �arl�on Lot 1. Ji"k 4. Log" 75 P,00.45 I - Prasior. Lot 6. Block 1. Logen kart 126 z4D.90 -L G Vhal*W Bloat aughwe 87 212.78 Jac Munson, Part 15100t Uughn a Part 'p, a7 249.16 ):0's ILMVY 0.rlwn Black Hushas kart Block D. :furrow 67 294.46 )Irz MIan awed La, Part Black 11, Marro. 67 1?2.86 1 4 Carlson Part Block D. Uorrow 14 76 190.92 Ara J A John Breacka Part J100t 2, Morrow 11 Y. 198.00 490.25 0 lcmphr.y -Part Block 2, Marrow 11& 2 90. Joifnaoa, Part Mock el UorTo. 290.05 C Craven Part Black V, Marrow 114. 290.25 u. Shall Part Black 0, korrow 66� :71.57 Beulah Overb.-, �Iook 0 Marrow -PPart 63, i33.83 Sh.YrIll, Block 0art 2 0,ro. Part Block 0, Aorrow as V 2.04 "no 1' Zlughac. -.'0M hur-hoe. IL,, 1, 2 toot 7, U I29.0 �,e H a Cody, DS I Atkin 510ckz 1 clid. R, IlUghee 684 U'da.97 �' e Lola vilcon Port Block C1kt.01-*tQo.k 140 w1j.&O 'iLY IIny Orowide fart $204k 2av,Gla&04ock block 120 324.35 �ra �1 23. GjagLoock 940 639.15 Lee k .Oyler Part Block 21. olagucook 40 Late 2 668.46 3 and 4,ulook 22, MT4 Z�ux- Daniel Cl.CLIvt Lots I 120 324.35 and 2. Block ea, jot., Hughes olacn000k Lots 3 and 4,D10vk 1, 120 .1180.00 0 Haumiltus, 01asewok Lots 1 end 2. Aloo. 1. Ito 328.90 °rIoe Estate GlassocaL Late 5 "d 6. Black S. 190 320.6d 01.8300ok Late 7 "d b, Block 6, 120 "20.90 � SaIMAIeL, ce0k 01asco.ok 120 329.23 Late 3 and 61 Block 9. P J "d.reon CI.zMwgk Late 7 Ito 32D.23 w,d 0, clock 9, John id oluok olasaaook Part Lot 5, Alqpk 120 3:57,36 John M Cluck and Ord 1; Z 0111ak 02 Lot S. -TW so 129.00 Liss A 3ahiuf��T$ P&rteS.Blcak Lot 4,-nd p,tl; Lot 6 I 59.62 11A.94 L" Lily Atkiva= Block bz Lot 1, BIOLk 52 66 175.44 wr a virc :I M 0110611 ftaebyterian Uhwah lots a and 6,Dlk 10, 60 190 164.55 357-116 U 3 Feet office Lot Lots 7 mid 6. Block IC- Lo 1. 120 301J.6C T j 0.24611 tv 5 and u. 41O.L 10 ISO Lots 1 Zn4 1. 33ock 40 Ito 305.60 Total. - - - - - - - - - SEVE11TH STRUT From I. L. G. V. H. r. To M. X. a T. A. H. 20 foot width, ^1-00; 56 toot. %.47; 57 toot, �'4,44; 24 foot. 41.80 per P,V,t foot.