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HomeMy WebLinkAboutAgenda CC 11.11.2003Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 11, 200, The Georgetown City Council will meet on Tuesday, November 11, 2003 at 06:00:00 PM at the City Council Chamber, 101 E. 7th Street, 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. Please Note: This City Council Meeting will be video taped live and made available for broadcast by the local cable company. Regular Session to convene and continue Executive Session, if necessary Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows A Sec.551.071 consultation with attorney - Pending Litigation - Legal Advice Regarding Agenda Items and other Matters B Sec.551.071 consultation with attorney and Sec. 551.074 personnel matters - Discussion and possible action related to setting a hearing date and establishing preheadng and hearing procedures for employee disciplinary appeal of Gary Beyers C Sec.551.086 Economic Development - Discussion and possible action regarding economic development incentives for a commercial project at the intersection of Austin Ave. and University Ave. - Discussion regarding economic development prospects regarding Toyota suppliers D Sec.551.072 deliberation on real property - Consideration and possible action to authorize the purchase of 33.16 acres of land out of the John F. Ferguson Survey, A-231, from the Georgetown Independent School District for purposes of constructing and operating a regional wastewater treatment plant to be known as the "Mankins Branch Wastewater Treatment Plant", and to authorize the Mayor to execute the attached purchase contract and interlocal agreement therefor and any other related documents to complete the transaction Regular Session - To begin no earlier than 6:00 P.M. (The City Council for the City of Georgetown reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.086 (Economic Development). Call to Order F Pledge of Allegiance G Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments — Mayor Gary Nelon - Announcement of Board/Commission Vacancies: - One position on the Housing Authority City Council Agenda/November 11, 2003 Page 1 of 3 Pages - One position on the Library Board Announcements and Comments from City Manager Public Wishing to Address Council Rev. Dean Smith regarding the need for the American Legion to have a building in Georgetown Keith Peshak regarding management of the City. Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 27, and the Council Meeting on Tuesday, October 28, 2003 — Shirley Rinn, Deputy City Secretary and Sandra Lee, City Secretary L Consideration for the declaration of used transformers as surplus and approval to sell the obsolete/scrap transformers to Transformers Now in the estimated amount of $14,000.00 —Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration M Consideration of an award of the annual bid for landscape maintenance of City properties to We Mow It in the amount of $45,308.00 —Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve the social service funding agreement between the City of Georgetown and Georgetown Interfaith Caregivers — Paul E. Brandeburg, City Manager O Consideration and possible action to authorize application for a grant of $44,058.00 from the Assistance to Firefighters Grant Program to fund a Fire and Weather Safety House — Tom Leggitt, Fire Marshal and Anthony Lincoln, Fire Chief P Consideration and possible action to accept a Federal Grant from the Office of Juvenile Justice and . Delinquency Prevention (OJJDP) at no cost to the City — Traci Stengle, Parks and Recreation Special Services Superintendent and Randy Morrow, Director of Parks and Recreation O Consideration and possible action to approve the payment for emergency pumping services from CAP-TEX, Inc. for $15,360.00 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations R Consideration and possible action to approve a resolution authorizing the Mayor to sign applications, contracts, and agreements with the State of Texas regarding updates to the Airport Layout Plan for Georgetown Municipal Airport — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: S Consideration and possible action with respect to a resolution directing the publication of notice of intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2003; and other matters related thereto — Micki Rundell, Director of Finance and Administration T Second Readings 1. Second Reading of an ordinance providing for the annexation into the of City 9.88 acres, more or less, in the Joseph Thompson Survey, located 100 feet north of and parallel to the approximate City Council Agenda/November 11, 2003 Page 2 of 3 Pages center line of the South Fork of the San Gabriel River — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 2. Second Reading of an ordinance providing for the annexation into the of City 308.06 acres, more or less, in the Joseph Thompson Survey, Abstract 608, located at 2951 SH 29 West, 2.5 miles West of IH35 — Ed Poiasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services First Readings 1. First reading of an Ordinance amending the Georgetown Code of Ordinances, Section 8.20.0201, related to the prohibition of Items placed in such a manner as to obstruct passageway of or on public grounds and rights-of-way — Tom Leggitt, Fire Marshall and Anthony Lincoln, Fire Chief 2. First Reading of an ordinance revising Section 3.01.490 of the Code of Ordinances entitled " Disciplinary Action and Appeals" — Carla Bourland, Director of Human Resources V Consideration and possible action to purchase one (1) Quint Fire Apparatus from Sutphen Corporation in the amount of $499,516.12 — Anthony Lincoln, Fire Chief and Micki Rundell, Director of Finance and Administration W Consideration and possible action to appoint Sarah Milburn as an alternate to the Planning and Zoning Commission to fill the vacancy created due to the resignation of Michelle Gambino — Mayor Gary Nelon X Discussion and possible action regarding economic development incentives for a proposed commercial project at the northwest comer of Austin Ave. and University Ave — Tom Yantis, Assistant City Manager dConsideration and possible action to authorize the purchase of 33.16 acres of land out of the John F. erguson Survey, A-231, from the Georgetown Independent School District for purposes of constructing nd operating a regional wastewater treatment plant to be known as the "Mankins Branch Wastewater reatment Plant", and to authorize the Mayor to execute the attached purchase contract and interlocal greement therefor and any other related documents to complete the transaction — Glenn Dishong, Water ervices Manager and Jim Briggs, Assistant City Manager for Utility Operations Z an po er a Special Election in December to elect a councilmember for Single -Member District 7 — Sandra D. Lee, City Secretary AA Consideration and possible action to approve a contract with the Williamson County Voter Registrar for the conduct of the Special Election — Sandra D. Lee, City Secretary BB Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) for annual wastewater plant assessment fees totaling $24,493.00 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Certificate of 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 , 2003, 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/November 11, 2003 Page 3 of 3 Pages Council Meeting Date: November 11, 2003 Item No. AGENDA ITEM COVER SHEET Consideration and possible action to authorize the purchase of 33.16 acres of land out of the John F. Ferguson Survey, A-231, from the Georgetown Independent School District for purposes of constructing and operating a regional wastewater treatment plant to be known as the "Mankins Branch Wastewater Treatment Plant", and to authorize the Mayor to execute the attached purchase contract and interlocal agreement therefor and any other related documents to complete the transaction. ITEM SUMMARY: City Staff has been negotiating the purchase of a 33.16 acre tract of land out of a 153.24 -acre tract recently purchased by the Georgetown Independent School District ("GISD") at the intersection of SH 29 East and County Road 100 near Mankins Crossing on the San Gabriel River. GISD plans to construct and operate school facilities on the parent tract. The City proposes to construct a regional wastewater treatment plant on the subject 33.16 -acre tract of land, which will, in part, serve the needs of the GISD facilities. The attached purchase contract and interlocal agreement between the City and GISD establish the terms of the proposed transaction. SPECIAL CONSIDERATIONS: NONE GUS BOARD RECOMMENDATION: GUS Board recommended that Council consider an interlocal agreement with GISD regarding the purchase of real estate for the proposed Mankins Branch Wastewater Treatment Plant at its August 19, 2003 meeting. STAFF RECOMMENDATION: Staff recommends Council approval. FINANCIAL IMPACT: Purchase price for 33.16 acres of land in the amount of $164,142.00, plus any additional closing costs associated with the transaction, to be paid from CIP Account No. 651-101-6622-00. • I v ZM `. NONE ATTACHMENTS: Proposed purcha Submitted By:,Qim $ /Assis tract and attached interlocal agreement. N ty Manager Water Services Manager erations ��I TEXAS ASSOCIATION OF REALTORS® COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. CrN=s AssooMtlon of REALTORS®, Im 2002 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: Georgetown indelDendent School District Address: 603 Lakeway Drive Georgetown TX 78628 Phone: (512)943-5000 Fax: _(512)943-5002 Buyer: Cit OF Geor etown Address: P.O. Box 409 Georgetown TX 78626 Phone: (512)930-3889 -Fax: (512)930-3622 2. PROPERTY: A. "Property" means that real property situated in at —Williamson County, Texas SH 29 East and CR 100 and that is legally described on the attached Exhibit A (address) Or as fOIIOWS: 33.16 acres, more or less, John Fergusonsurvey, A Williamson County, Texas and as furtherndescribed in3Exhibit "A" attached - hereto and incorporated herein as a part of this contract. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 11 or an addendum.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ......................... $ 164 ,142 00 (2) Sum of all financing described in Paragraph 4 ...................... $ (3) Sales price (sum of 3A(1) and 3A(2)) ............................. $ 164 ,142 00 ( 1802) 2-6-02 Initialed for Identification by Buyer, —Seller Page 1 of 13 Brashear Properties, Ltd 2955 Dawn Drive, #B, Georgetown TX 78628 �Phone:512-930-5796 Fax: 512-930-1435 Ercel Brashear Prododed w ZPFo m by RE Fd Nei, LLC 18025 Fifteen Mlle Road, Clinton T.w,p, Milli T6496280.ZFX gan 480]5. fe0o138]-sm5 Commercial Contract - Unimproved Property Concerning SH 2 9 S CR 100 B. Adjustment to Sales Price: (Check (1) or (2) only.) ❑ (1) The sales price will not be adjusted based on a survey. ® (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ 4, 950.0o per: ❑ (i) square foot of ❑ total area ❑ net area. ® (ij) acre of ® total area ❑ net area. (b) "Total area" m eans a II 1 and a rea w ithin t he p erimeter b oundaries of t he P roperty. "Net a rea" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than o may terminate this contract b g h of the stated sales price, either party y Providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: ❑ A. Third Party Financing: One or more third parry loans in the total amount of $ Th—is—cog his contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum. B. Assumption: In accordance with the attached Financing Addendum, Buyer will assume the existing Promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Financing Addendum in the amount of $ 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 5 000.00 money with Geor etown Title as earnest (title company and escrow agent) at 702 Rock street Georgetown, Tx 78626 earnest money of $ (title company's address). Buyer will deposit additional on or before: ❑ (i) the day after Buyer's right to terminate under Paragraph 7B(3) expires; or ❑ (ii) The title company is the escrow agent under this contract. B. If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before Buyer deposits the earnest money and may exercise Seller's remedies under Paragraph15. C. Buyer may instruct the escrow agent to deposit the eamest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 1802) 2-6-02 Initialed for Identification by Buyer, _ Seller PrWp W WM LPF�" b, RE Fa NW. LLC 18025 5i4"O Mile Read, Cent T"w" , Mitliipa" 490M (11M) 38}.9805 Page 2 of 13 T6496280.ZFX Commercial Contract- Unimproved Property Concerning SH 29 6 CR 100 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ® (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6C. (4) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: (1) Within s days after the effective date: ® (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. ❑ (b) Seller, at Sellers expense, will furnish Buyer a survey of the Property dated after the effective date. ❑ (c) Seller will deliver a true and correct copy of Sellers existing survey of the Property dated . Seller, at Sellers expense: ❑ (i) will have the existing survey recertified on a date not earlier than ❑ (ii) will not have the existing survey recertified. Seller ❑ will ❑ will not deliver to the title company an affidavit required by the title company for approval of the survey that states that Seller knows of no changes or alterations to the Property as depicted on the survey. (2) The survey required under Paragraph 66(1) must be made by a Registered Professional Land Surveyor acceptable to the title company. The survey must: (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with comers permanently marked; (c) set forth the dimensions and total area of the Property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements, and rights-of-way on the Property with all easements and rights-of-way referenced to their recording information; (e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying in a special flood hazard area (an "A" or W" zone as shown on the current Federal Emergency Management Agency (FEMA) flood insurance rate map); and (f) contain the surveyor's certificate that the survey is true and correct. ,, „,2-1802) 2-6-02 Initialed for Identification by Buyer_, _ Seller Page 3 of 13 WWW w M bpFam by RE Fo NM. LLC 1W25 Fifteen We Ro . Gmm Tow p. MUu 08 . (8 ) ]8} 5 T6396280.ZFX Commercial Contract - Unimproved Property Concerning SH 2 9 S CR 100 C. Buyer's Objections to the Commitment and Survev: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (� tht; itAF r ti thy Aa Ft Af the ;2FAAR2 ( (2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The closing date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(3)(a), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. PROPERTY CONDITION: ® A. Present Condition: (Check (1) or (2) only.) ® (1) Buyer accepts the Property in its present "as -is" condition. ❑ (2) Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: ® B. Feasibility: (1) Delivery of Property Information: Within days after the effective date, Seller will deliver to Buyer the following items to the extent that the items are in Seller's possession or are readily available to S eller. Any item not delivered is deemed n of t o be in Sellers possession or readily available to Seller. The items Seller will deliver are: (-G4 GG �84 plats e€the PFeaer#y; aad (g) Conies of all documents if any, provided to Seller under the terms of that certain Farm S Ranch contract by which Se-lleracguired the Property (Tocether with the certain adjacent property) R-1802) 2-6-02 Initialed for Identification by Buyer_, Seller ,_ P--- — ZiPF.- by RE FP Np. LLC 18025 F,B "IeRPS. Clinton T—w P. M�W 68035. (800) 3838805 Page 4 of 13 T6496280.ZFX Commercial Contract- Unimproved Property Concerning SH 29 6 CR 100 (2) Inspections. Studies or Assessments: (a) Within 30 days after the effective date, Buyer, at Buyer's expense, may complete or cause to be completed inspections, studies, or assessments of the Property. Inspections, studies, or assessments may include, but are not limited to: (i) physical property inspections; (ii) economic feasibility studies; (iii) environmental assessments; and (iv) engineering studies. (b) Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (c) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a m atter f or w hich B uyer i s r esponsible under this p aragraph. This paragraph s urvives termination of this contract. (3) _Feasibility Period and Right to Terminate: Buyer may terminate this contract for any reason within 30 days after the effective date by providing Seller with written notice of termination. If Buyer does not terminate within the time required, Buyer accepts the Property in its present "as is" condition with any repairs Seller is obligated to complete under this contract. (Check only one box). ® (a) If Buyer terminates under this Paragraph 7B(3), the earnest money will be refunded to Buyer less $ 100 . oo that Seller will retain as independent consideration for Buyer's right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the full amount specified in Paragraph 5 to the escrow agent. The independent consideration is to be credited to the sales price only upon the closing of the sale. ❑ (b) Buyer has paid Seller $ as independent consideration for Buyer's right to terminate by tending such amount directly to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B(3), the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration ❑ will ❑ will not be credited to the sales price upon closing of the sale. (4) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (i) return to Seller all those items described in Paragraph 7B(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (ii) deliver copies of all inspection and assessment reports (excluding economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph 7B(4suvives ination of this contract. (5) Contracts Affecting Operations: After Buyer's right to terminate under 7B(3) expires, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's prior written approval. -1802) 2-6-02 Initialed for Identification by Buyer_, _ Seller Page 5 of 13 R`Mu M. th ZDFOl b, RE Fo Ne. LLC 18025 Fifteen AMI, ROi Cinim Tow Ds M ,W X8015, (8M) �9MS T6496280.ZFX AV Commercial Contract - Unimproved Property Concerning SH 29 6 CR 100 8. BROKERS: A. The brokers to this sale are: Cooperating Broker License No. Phone Fax Cooperating Broker represents buyer. B. Fees. (Check only one box.) Ercel Brashear Principal Broker 0229867 License No. 2955 Dawn Drive, Unit B Georsscletown. TX 78628 Addre (512)930-5796 (512)930-1435 Phone Fax Principal Broker. (Check only one box.) ® represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ® (2) At the closing of this sale, Seller will pay: Cooperating Broker a total cash fee of: Principal Broker a total cash fee of: ❑ % of the sales price. ® 6.000 % of the sales price. ❑ .❑ The cash fees will be paid in Williamson County, Texas. Seller authorizes YID escrow agent to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 8 without the written consent of the brokers affected by the amendment. 9. CLOSING: A. The closing of the sale will be on or before 1/16/2004 or within 7 days after objections to title have been cured, whichever date is later (the closing date). If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. B. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general ® special warranty deed. The deed must include a vendor's lien if any part of the sales price if financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property at closing: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. `., (TAR -1 802)2-6-02 Initialed for Identification by Buyer_, —Seller Page 6 of 13 AWed M th LpFd ft by RE Fm Nel, LLL 18025 FdWe Rw . Clolm To ne p. MjWgan 08035. (800) 38&9805 T6496280.ZFX EXHIBIT A FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR LAURA NORINE EGGER ET. AL. CITY OF GEORGETOWN BEING 33.16 acres situated in the John F. Ferguson Survey, Abstract No. 231, in Williamson County, Texas. This property is part of the 205.4 acre tract which is described in a deed to Linwood Egger and Laura Egger, recorded in Vol. 594, Pg. 477, Deed Records of Williamson County, Texas. Surveyed on the ground in part in May of 2003 and in part in October of 2003, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at the Southeast comer of a 144.83 acre tract which was surveyed in May of 2003. This point exists in the West line of County Road 100 at its intersection with the South line of the said 205.4 acre Egger tract. According to record information the Southeast comer of the said 205.4 acre tract stands N 61 deg. 39 min. 29 sec. E 49.74, N 59 deg. 42 min. 57 sec. E 22.33 feet; N 82 deg. 18 min. 20 sec. E 166.62 feet; and N 79 deg. 21 min. 50 sec. E 156.00 feet. THENCE upstream with the approximate center of Mankin's Branch, as follows; S 66 deg. 36 min. 49 sec. W 252.56 feet; S 64 deg. 47 min. 14 sec. W 193.82 feet; S 75 deg. 25 min. 25 sec. W 74.22 feet; S 46 deg. 49 min. 49 sec. W 131.97 feet; S 28 deg. 54 min. 16 sec. W 116.25 feet; S 11 deg. 25 min. 09 sec. W 343.79 feet; S 51 deg. 01 min. W 126.29 feet; S 85 deg. 02 min. 29 sec. W 79.14 feet; N 55 deg. 05 min. 45 sec. W 186.58 feet; N 67 deg. 17 min. 29 sec. W 79.06 feet; N 81 deg. 38 min. 54 sec. W 143.48 feet; S 88 deg. 48 min. 26 sec. W 238.07 feet; N 80 deg. 23 min. 45 sec. W 209.50 feet; N 64 deg. 45 min. 37 sec. W 264.0 feet; S 85 deg. 37 min. 01 sec. W 169.96 feet; S 76 deg. 42 min. 03 sec. W 208.74 feet; N 88 deg. 24 min. 17 sec. W 111.52 feet, N 72 deg. 43 min. 06 sec. W 100.89 feet; N 55 deg. 49 min. 40 sec. W 138.17 feet; N 47 deg. 12 min. 14 sec. W 109.88 feet; and N 56 deg. 28 min. 01 sec. W 36.38 feet. THENCE departing the branch, N 73 deg. 13 min. 39 sec. E passing % inch iron pins set on line, continuing in all 2635.21 feet to an iron pin set in the West line of County Road 100. THENCE with the West line of County Road 100, finding iron pins as follows; S 30 deg. 14 min. 07 sec. E 54.62 feet; S 25 deg. 17 min. 34 sec. E 245.89 feet; S 32 deg. 49 min. 34 sec. E 68.43 feet; and S 33 deg. 25 min. 05 sec. E 73.93 feet to the POINT OF BEG1NNiNG. STATE OF TEXAS . KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON : I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31 ST day of October, 2003, A.D. _ '. FOREST JR. LAND SURVEYOR NO. 1847 File: word31: egger33 EXHIBIT "B„ SPECIAL PROVISIONS ADDENDUM A. This Special Provisions Addendum is made a part of, and is to be read in conjunction with the Contract by and between Georgetown Independent School District, as Seller, and City of Georgetown, as Buyer, for the purchase and sale of 33.16 acres, more or less out of the John Ferguson Survey, A-231, Williamson County, Texas (the "Contract"). In the event of any conflict between the terms and provisions of this Special Provisions Addendum and those contained in the Contract, the terms and provisions of this Special Provisions Addendum are intended to be and shall be construed as controlling. Unless expressly amended by this Addendum, all other terms and provisions of the Contract remain in full force and effect as written. B. Buyer acknowledges that a portion of the Property lies within the 100 year flood plain. Buyer agrees to accept the Property subject to such matter and no objection to the same may be asserted by Buyer under the Contract. C. Buyer and Seller agree to execute an "Interlocal" Agreement at closing, the form of which is attached hereto and made a part hereof for all purposes. D. Buyer has been advised and understands that the Deed under which Seller acquired the Property (and certain adjoining property) contained a restriction against the placement or existence of manufactured homes, mobile homes or prefabricated homes on the Property. Buyer agrees to accept the Property subject to such restriction, which restriction shall be deemed a permitted exception to which no objection may be asserted by Buyer under the Contract. E. Buyer and Seller agree that as a material part of the consideration for the Contract, Buyer is taking the Property "AS IS", with any and all latent and patent defects and that there is no warranty by Seller that the Property is fit for a particular purpose. Buyer acknowledges that it is not relying upon any representation, statement or other assertion with respect to the Property condition , but is relying upon Buyer's examination of the Property. Buyer takes the Property under the express understanding there are no express or implied warranties (except for limited warranties of title set forth in the Deed to be executed at closing). This provision shall survive closing. F. The Deed executed and delivered by Seller at closing shall restrict the Property to uses incident to the operation of a wastewater treatment plant only. G. All of the provisions of this Special Provisions Addendum shall survive closing. STATE OF TEXAS } } COUNTY OF WILLIAMSON } } AGREEMENT Between the CITY OF GEORGETOWN and GEORGETOWN INDEPENDENT SCHOOL DISTRICT, This Agreement is made and entered into by and between the City of Georgetown (CITY), a Texas home rule corporation, and the Georgetown Independent School District (GISD), both located in Williamson County, Texas and acting through their respective governing bodies. RECITALS WHEREAS, the parties are planning the cooperative construction of future school facilities and utility projects in conjunction with the acquisition of 153.24 acres of land (more or less) by GISD located near the intersection of State Highway 29 and the San Gabriel River, east of Georgetown, as more particularly described by metes and bounds on Exhibit "A" attached hereto (the "153.24 Acre Tract"); WHEREAS, GISD proposes to construct future school facilities, including educational buildings, administrative offices, athletic and recreational facilities for the continued education of Georgetown's youth on the 153.24 Acre Tract; WHEREAS, CITY desires to construct a regional wastewater treatment plant on a portion of the 153.24 Acre Tract, which will, in part, serve the wastewater needs of the school facilities proposed for the 153.24 Acre Tract by GISD; WHEREAS, the parties desire to provide land for the installation of the aforesaid wastewater plant improvements to allow for ultimate construction and development of the regional wastewater treatment plant site; WHEREAS, GISD and CITY have heretofore entered into that certain Earnest Money Contract (the "Earnest Money Contract") for the purchase, by CITY, and the sale, by GISD, of S:MARK\GISD\interlocal agree. 1105.wpd -1- 33.16 acres (more or less) out of the 153.24 Acre Tract to be utilized in connection with the future construction of the wastewater plant improvements by CITY, as more particularly described by metes and bounds on Exhibit "B" attached hereto (the "33.16 Acre Tract"), which Earnest Money Contract provides, in part, that the parties will enter into this Agreement at closing; and WHEREAS, because the construction of future school facilities and the regional wastewater treatment plant is mutually advantageous to both parties and the community at large, GISD and CITY have agreed to enter into the arrangement evidenced by this Agreement. NOW, THEREFORE, the parties, in consideration of the terms and conditions contained herein, agree as follows: I. CITY agrees to purchase the 33.16 Acre Tract from GISD pursuant to the terms of the Earnest Money Contract, which property will be restricted to uses incident to the operation of a regional waste water treatment plant serving, in part, the school facilities constructed on the remainder of the 153.24 Acre Tract by GISD. 2. GISD agrees to sell the 33.16 Acre Tract to CITY pursuant to the terms of the Earnest Money Contract and to restrict a seventy-five foot (75') buffer adjacent to the northernmost boundary of the 33.1 Acre Tract against the construction of residential structures for such period of time as the 33.16 Acre Tract is used in connection with the operation of a wastewater treatment plant. 3. CITY further agrees that, subject to the issuance of all required permits therefor, a phased wastewater treatment plant will be constructed on the 33.16 Acre Tract in such a manner as to provide all reasonably required wastewater to the improvements and facilities constructed on the remainder of the 153.24 Acre Tract. 4. CITY agrees that GISD shall have the first right to purchase (up to its contributed flow) wastewater effluent from the wastewater treatment plant facility for discharge on the remainder of the 153.24 Acre Tract in order to irrigate GISD's athletic fields and common areas and to reduce wastewater effluent entering the San Gabriel River; provided such �,IARK',GISD\interlocal a -r e.1105.wpd -1- discharge shall be authorized by all appropriate regulatory and health authorities, shall be within such limits as not to be harmful or detrimental to GISD, its students, staff or invitees and shall be at a cost to GISD commensurate with the rate charged by CITY for wastewater effluent to its best customers. 5. GISD agrees that it will provide CITY at least thirty-six (36) months written notice prior to the completion of the initial facilities on the 153.24 Acre Tract, thereby allowing CITY time to acquire all necessary permits for, and to complete construction of, said wastewater treatment plant facilities on the 33.16 Acre Tract. 6. CITY agrees that upon proper notification, it will use its best efforts to acquire all wastewater treatment plant permits for the construction of said facilities and, upon receipt of such permits, to construct such facilities as provided herein. CITY will bear the cost of all associated engineering, design, permitting, and further regulatory items neededin order to construct a functional regional wastewater treatment plant on the 33.16 Acre Tract with sufficient capacity to serve, at a minimum, the remainder of the 153.24 Acre Tract. 8. GISD agrees to provide all reasonable and necessary support to CITY for such regulatory approvals through this process, including written reports and resolutions as necessary to the Texas Commission on Environmental Quality (TCEQ). 9. GISD agrees that it will pay all necessary tap fees and impact fees associated with its utility connection to the service for wastewater treatment; provided, such fees are commensurate with such fees paid by other users of similar quantities of wastewater treatment. 10. CITY agrees that all necessary capital expenses and costs associated with the development of the wastewater treatment plant facilities will be bome by CITY and that no expenses related to construction or development of the wastewater treatment facility will be bome by GISD other than impact fees and customary charges, as for any other utility customer. S: MARK:GISD inwlaal agre .1105.wpd -3- 11. GISD agrees to provide a secondary source of access to the 33.16 Acre Tract through the private driveways to be located within the remainder of the 153.24 Acre Tract (as determined solely by GISD) and intersecting the 33.16 Acre Tract at a point lying outside of the 100 year flood plain. Such secondary access shall be used by CITY only if flood or flow conditions of the San Gabriel River prevent or substantially impede access to the 33.16 Acre Tract by way of C.R. 100. GISD agrees to grant a perpetual, non-exclusive easement in favor of CITY by recordable instrument once GISD has finally determined the layout of the future school facilities on the remainder of the 153.24 Acre Tract and the parties have agreed upon the location of the secondary point of access to the 33.16 Acre Tract. 12. CITY hereby grants GISD the right to repurchase the 33.16 Acre Tract for the same per acre price paid for such tract by CITY in the event (i) CITY either (a) fails to file completed applications (i.e., applications which are acceptable for filing) for any permits as may be required by law in connection with the construction and/or operation of the aforesaid wastewater treatment plant within ninety (90) days after CITY's receipt of written notice of GISD's intent to construct its school facilities on the remainder of the 153.24 Acre Tract, or (b) fails to obtain such permits within three hundred sixty (360) days (subject to extension as hereinafter provided) after CITY's receipt of written notice of GISD's intent to construct its school facilities on the remainder of the 153.24 Acre Tract, or (c) fails to start construction of the wastewater treatment plant within ninety (90) days after receipt of the required permits therefor, or (ii) any such permit application is denied (each a "Defaulting Event"). In the event any such Defaulting Event shall occur, GISD shall have the exclusive right and option (but not the obligation), exercisable at any time during a period of one hundred eighty (180) days after the date of the Defaulting Event giving rise to such right of repurchase to give written notice of GISD's intention to purchase the 33.16 Acre Tract for the consideration hereinabove specified. If so notified by GISD, CITY shall be obligated to convey the 33.16 Acre Tract, together with the easement granting the secondary source of S:`:MARK`,GISD\interlocal ame.l IOS.wpd -4- access to the 33.16 Acre Tract as referenced above, to GISD free and clear of liens or encumbrances except for such title exceptions as may have been referenced in the Deed and/or Easement from GISD to CITY. CITY shall provide GISD with an owner's policy of title insurance guaranteeing title to the 33.16 Acre Tract in GISD, subject only to those exceptions contained in the owner's policy of title insurance provided to CITY in connection with its purchase of the 33.16 Acre Tract from GISD. In addition, CITY shall covenant and agree not to object or otherwise attempt to imped or delay the issuance of any wastewater treatment plant discharge permits which may be requested by GISD or its assigns in connection with any proposed facilities to be constructed in whole or in part on the 33.16 Acre Tract. In the event GISD does not exercise its right of repurchase as aforesaid, then such right shall terminate and GISD shall give to CITY a written, recordable instrument evidencing such fact in order that CITY may easily clear up any potential cloud on the title arising by virtue of such right of repurchase. The above and foregoing to the contrary notwithstanding. CITY shall have the right to extend the three hundred sixty (360) day deadline referenced above for a period of up to ninety (90) days in the event the CITY is working in good faith to obtain such permits, but has been prevented from obtaining the same because of the application have been contested or for any other regulatory delays. The parties shall observe and comply with all Federal, State, and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performed and of all obligations undertaken by this Agreement. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. A Memorandum of this Agreement shall be filed in the Official Public Records of Williamson County, Texas. NOTICE S:NARK!GISDinmdocal ag=.1105.wpd -5- Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage and certified fees prepaid: CITY: Paul Brandenburg City Manager City of Georgetown P.O. Box 409 Georgetown, TX 78626-0409 Ce3f."b Jim Gunn Superintendent Georgetown Independent School District 603 Lakeway Georgetown, TX 78628 With a copy to the Office of the City Attorney for Georgetown, Texas. Notice shall be deemed to have been received on the date of receipt as shown on the return receipt. ENTIRE AGREEMENT This Agreement, together with the Earnest Money Contract, and any exhibits attached to either, is the complete and entire agreement between the parties. Any modification or amendment shall not be effective unless signed in writing by both parties. The laws of the State of Texas govern this Agreement and all obligations under this Agreement are performable in Williamson County, Texas. SIGNED this day of 2003 CITY OF GEORGETOWN GEORGETOWN INDEPENDENT SCHOOL DISTRICT By: Gary Nelon, Mayor ATTEST: Sandra D. Lee, City Secretary S:,MARK\.GISD\intedoca1 agree.I 105.wpd -6- By: Jim Gunn, Superintendent Approved as to form and content: Patricia E. Carls, City Attorney I o•L uG ua ULf:,ya Forrest Gasser 512-eGe-0605 FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR LAURA NORINE EGGER ET. AL. GEORGETOWN INDEPENDENT SCHOOL DISTRICT BEING 144.83 acres in Williamson County, Texas; part of the Samuel Nimmo Survey, Abstract No. 481, part of the W. Stubblefield Survey, Abstract No. 556, and part of the John Ferguson Survey, Abstract No. 231. This property is part of the 205.4 acre tract which is described in a deed to Linwood Egger and Laura Egger, recorded in Vol. 594, Pg. 477, Deed Records of Williamson County, Texas. Surveyed on the ground in May of 2003, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at an iron pin which was found at the present lower Northwest comer of the said 205.4 acre tract, at the Northeast comer of Whiterock, a subdivision plat recorded in Cabinet Q, Slide 280. This point exists in the South line of State Highway 29. THENCE with the South line of State Highway 29; 336.31 feet with the arc of a curve to the right having a radius of 5203.95 feet, the chord bears N 80 deg. 33 min. 59 sec. E 336.25 feet to a concrete monument found; N 82 deg. 25 min. 04 sec. E 1074.05 feet to a concrete monument found at the beginning of a curve to the left having a radius of 2924.93 feet; 1 ] 4.81 feet with the arc of the curve, the chord bears N 81 deg. 17 min. 36 sec. E 114.80 feet to an iron pin found. THENCE with the South line of Old State Highway 29 (formerly known as Highway 104), 82.07 feet with the arc of a curve to the right having a radius of 576.02 feet, the chord bears S 59 deg. 38 min. 34 sec. E 82.0 feet to an iron pin set; S 55 deg. 32 min. 07 sec. E 330.13 feet to an iron pin set at the beginning of a curve to the left having a radius of 1332.1 feet, 123.94 feet with the arc of the curve, the chord bears S 58 deg. 12 min. 02 sec. E 123.9 feet to an iron pin set at the beginning of a curve to the left having a radius of 481.22 feet, 688.02 feet with the arc of the curve, the chord bears N 78 deg. 10 min. 31 sec. E 630.90 feet to an iron pin which was found at the end of the curve; and 70.28 feet with the arc of a curve to the left having a radius of 1332.09 feet, the chord bears N 35 deg. 42 min. 19 sec. E 70.27 feet to an iron pin found. THENCE with the West line of County Road 100 finding iron pins as follows; S 61 deg. 03 min. 30 sec. E 104.39 feet; S 51 deg. 53 min. I 1 sec. E 183.64 feet; S 49 deg. 15 min. 20 sec. E 888.56 feet; S 44 deg. 17 min. 55 sec. E 173.31 feet; S 35 deg. 55 min. 40 sec. E 148.45 feet; S 30 deg. 14 min. 07 sec. E 160.04 feet; S 25 deg. 17 min. 34 sec. E 245.89 feet; S 32 deg. 49 min. 34 sec. E 68.43 feet; and S 33 deg. 25 min. 05 sec. E 73.93 feet. THENCE upstream with the approximate center OfMankin=s Branch, as follows; S 66 deg. 36 min. 49 sec. W 252,56 feet; S 64 deg. 47 min. 14 sec. W 193.82 feet; S 75 deg. 25 min. 25 sec. W 74.22 feet; S 46 deg. 49 min. 49 see. W 131.97 feet; S 28 deg. 54 min. 16 sec. W 116.25 feet; S 11 deg. 25 min. 09 sec. W 343.79 feet; S 51 deg. 01 min. W 126.29 feet; S 85 deg. 02 min. 29 sec. W 79.14 feet; N 55 deg. 05 min. 45 sec. W 186.58 feet; N 67 deg. 17 min. 29 sec. W 79.06 feet; N 81 deg. 38 min. 54 sec. W 143.48 feet; S 88 dcg. 48 min. 26 sec. W 238.07 feet; EXHIBIT' � 0% p•2 ucc•ue ua ua:yya Forrest Sasser 512-868-0605 DESCRIPTION FOR LAURA NORINE EGGER ET. AL. (144.83 AC.) GEORGETOWN INDEPENDENT SCHOOL DISTRICT N 80 deg. 23 min. 45 sec. W 209.50 feet; N 64 deg. 45 min. 37 sec. W 264.0 feet; S 85 deg. 37 min. 01 sec. W 169.96 feet; S 76 deg. 42 min. 03 sec. W 208.74 feet; N 88 deg. 24 min. 17 sec. W 111.52 feet, N 72 deg. 43 min. 06 sec. W 100.89 feet; N 55 deg. 49 min. 40 sec. W 138.17 feet; N 47 deg. 12 min. 14 sec. W 109.88 feet; N 56 deg. 28 min. 01 sec. W 166.81 feet; N 67 deg. 00 min. 38 sec. W 88.29 feet; N 68 deg. 29 min. 35 sec. W 115.67 feet; N 87 deg. 53 min. 41 sec. W 99.17 feet, S 81 deg. 54 min. 27 sec. W 61.75 feet; S 49 deg. 42 min. 20 sec. W 80.88 feet; S 32 deg. 37 min. 35 sec. W 126.22 feet; S 15 deg. 37 min. 51 sec. W 172.29 feet; S 05 deg. 00 min. 33 sec. W 94.13 feet; and S 32 deg. 40 min. t6 sec. W 73.21 feet. THENCE with the lower West line of the 205.4 acre tract, N 15 deg. 42 min. 59 sec. W passing iron pins at 164.67 feet, at 442.8 feet, at 1473.43 feet, and passing a pipe found at 2128.92 feet, continuing in all 2148.96 feet to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WrLLIAMSON KNOW ALL MEN BY THESE PRESENTS; I, W7v1. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 30TH day of September, 2003, A.D. REGISTERED PRO SSIONAL LAND SUR VEYOR NO. File: word3l: eggerl45 i:dir.i 1847 P-3 Oct•02 03 Oe:39a Forrest Sasser 512-868-0605 t•UREST SURVEYING AND MAPPING W. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR LAURA NORTNE EGGER ET, AL. ERCFL BRASHEAR,TRUSTEE BEING 8.41 acres of the John Ferguson Survey, Abstract No. 231, in Williamson County, Texas; part of the 205.4 acre tract which is described in a deed to Linwood Egger and Laura Egger, recorded in Vol. 594, Pg. 477, Deed Records of Williamson County, Texas. Surveyed on the ground in May of 2003, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at a point near the center of the San Gabriel River, at the intersection of the South line of Old State Highway 29 (see Vol.261, Pg.577) with the East line of the said property called 205.4 acres as described in the said Egger deed. THENCE downstream with the approximate center of the river, S 52 deg. 21 min. 52 sec. E 522.79 feet and S 44 deg. 17 min. 32 sec. E 1755.79 feet. THENCE upstream with the approximate center of Mankin's Branch, S 79 deg. 21 min. 50 sec. W 156.0 feet, S 82 deg. 18 min. 20 sec. W 166.62 feet, and S 59 deg. 42 min. 57 sec. W 22.33 feet. THENCE with the East line of County Road 100, finding iron pins as follows; N 32 deg. 34 min. 30 sec. W 77.43 feet; N 33 deg. 15 min. 46 sec. W 66.01 feet: N 25 deg. 18 min. 04 sec. W 241.57 feet; N 30 dcg. 14 min. 30 sec. W I55.T feet: N 35 dent. 52 min. 32 sec. W 154.93 feet: N 44 deg. 14 min. 09 sec. W 180.72 feet: N 49 deg. 15 min. 16 sec. W 890.45 feet; N 51 dee. 59 min. 26 sec. W 188.49 feet; and N 60 deg. 46 min. 17 sec. W 106.03 feet. THENCE with the South line of Old State Highway 29, 3.73 feet with the arc of a curve to the left having a radius of 1332.09 feet, the chord bears N 31 deg. 57 min. 57 sec. E 3.73 feet to an iron pin found; and N 31 deg. 53 min. 08 sec. E 175.64 feet to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS; I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts, Shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown. Texas, this the 17'h day of May, 2003, A.D. File: Word 30: EGGERB 6& - REGISTERED PROFESSIONA NDS RYOREST OR NO. r�8r?iV°d Ti,9E �r- _�' JR. 1847 rGy i•w'5.�..M� `� .-v 4 r p.4 FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR LAURA NORINE EGGER ET. AL. CITY OF GEORGETOWN BEING 33.16 acres situated in the John F. Ferguson Survey, Abstract No. 231, in Williamson County, Texas. This property is part of the 205.4 acre tract which is described in a deed to Linwood Egger and Laura Egger, recorded in Vol. 594, Pg. 477, Deed Records of Williamson County, Texas. Surveyed on the ground in part in May of 2003 and in part in October of 2003, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at the Southeast comer of a 144.83 acre tract which was surveyed in May of 2003. This point exists in the West line of County Road 100 at its intersection with the South line of the said 205.4 acre Egger tract. According to record information the Southeast comer of the said 205.4 acre tract stands N 61 deg. 39 min 29 sec. E 49.74, N 59 deg. 42 min. 57 sec. E 22.33 feet; N 82 deg. 18 min. 20 sec. E 166.62 feet', and N 79 deg. 21 min. 50 sec. E 156.00 feet. THENCE upstream with the approximate center of Mankin's Branch, as follows; S 66 deg. 36 min. 49 sec. W 252.56 feet; S 64 deg. 47 min 14 sec. W 193.82 feet; S 75 deg. 25 min. 25 sec. W 74.22 feet; S 46 deg. 49 min. 49 sec. W 131.97 feet; S 28 deg. 54 min. 16 sec. W 116.25 feet; S 1 I deg. 25 min. 09 sec. W 343.79 feet; S 51 deg. 01 min W 126.29 feet; S 85 deg. 02 min. 29 sec. W 79.14 feet; N 55 deg. 05 min. 45 sec. W 186.58 feet; N 67 deg. 17 min. 29 sec. W 79.06 feet; N 81 deg. 38 min. 54 sec. W 143.48 feet; S 88 deg. 48 min. 26 sec. W 238.07 feet; N 80 deg. 23 min. 45 sec. W 209.50 feet; N 64 deg. 45 min. 37 sec. W 264.0 feet; S 85 deg. 37 min. 01 sec. W 169.96 feet; S 76 deg. 42 min. 03 sec. W 208.74 feet; N 88 deg. 24 min 17 sec. W 111.52 feet, N 72 deg. 43 min 06 sec. W 100.89 feet: N 55 deg. 49 min 40 sec. W 138.17 feet; N 47 deg. 12 min. 14 sec. W 109.88 feet: and N 56 deg. 28 min. 01 sec. W 36.38 feet. THENCE departing the branch. N 73 deg. 13 min. 39 sec. E passing % inch iron pins set on line, continuing in all 2635.21 feet to an iron pin set in the West line of County Road 100. THENCE with the West line of County Road 100, finding iron pins as follows; S 30 deg. 14 mini. 07 sec. E 54.62 feet; S 25 deg. 17 min. 34 sec. E 245.89 feet; S 32 deg. 49 min. 34 sec. E 68.43 feet; and S 33 deg. 25 min. 05 sec. E 73.93 feet to the POINT OF BEGINNING. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON : I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31 ST day of October, 2003, A D. WM.F. FOREST JR- REGISTERED RREGISTERED P F SSIONAL LAND SURVEYOR NO. 1847 File: word31: egger33 l V. _A Council Meeting Date: November 11, 2003 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve the payment for emergency pumping services from CAP-TEX, Inc. for $15,360.00. ITEM SUMMARY: The Sun City Lift Station is normally served by two pumps that move wastewater from Sun City to the Pecan Branch Interceptor. With one of the two pumps removed for maintenance, the remaining pump experienced an electrical failure during the evening hours of November 3, 2003. The complete failure of the lift station required emergency pumping services from CAP-TEX to maintain the proper operation of the wastewater system. CAP-TEX trucks were required 24 hours per day until the failed pump could be repaired. One pump was back in service by the evening of November 5, 2003. This item provides for the payment of emergency pumping services, at a cost of $15,360.00 for this event. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funds in the amount of $15,360.00 are currently available and will be paid from the Wastewater Operations and Maintenance budget. GUS BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends payment to CAPTEX for emergency pumping services. ATTACEMNTS: CAP-TEX Invoice tted By: Jim Briggs, Glenn Dishong Assistant City Manager, Water Services Utility Operations 11/1)6/2003 16:17 5123390892 CAP-TEX INC. 12321 WATERS PARK ROAD AUSTIN, TEXAS 78759 (512) 339-8591 (512) 272-4088 �q GAJ 7DAY-24 HR TO Airm4. CA's( 04' GeO 2foL,)r Addmas 5L, City - eor%e o, --Jen Smm 7x zip 7 96,2 7 Phmw &#a� q30-8147 Ken TA\,'lor CAPTEX.INC. PAGE 02 IN`VOO ICE NO 051038 11--�-03 ! I - S -03 11-3-03 30QPvv% a. Tm11-5-o3 - 80O .3 fd r\-SCx) t Aw o0o cw�y Mewals,owt7+ voliv. cusr do - IrTEat nK 0015- ✓ r F� I � 71aS� OUANTITY oEBOpornCM PRICE AMOUNT do - a9,S�' 0015- 47S r F� I 130 kr 71aS� 4Z.5 Firs r 54 k 7(aS°` 1.5 4 r Tt^?rd TrL.c K @ 150 aas�� TERMS. C.O.D. unless otherwise arranged. NI acwunts due in M1 in 7 days. All accounm pass due SUR TOTAL w11 he subject to a limanea chatga of 1 112 % per month which is 18% per annual percentage rete. TAX RATE TAX ANOUPR I hereby aokoowladga d ry work Bribed above. TAX ---L .. Mjw TOTAL jo y IS'3,a M mum chats Marys MOTES' b04- p u,"5 wVICL �YeU�e ca f" Se u L.er brL ek c ps h u C� Council Meeting Date: November 11, 2003 Item No. 06 A AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) to pay annual mandatory wastewater plant assessment fees. ITEM SUMMARY: Each year the City receives invoices from the TCEQ to pay State mandated wastewater plant assessment fees. These fees are required to be paid by all entities in the State of Texas who operate wastewater treatment plants. Total fees for all of Georgetown's wastewater treatment plants is $24,493.00, and therefore, requires approval of the Council for payment. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Payment in the amount of $24,493.00 is to be paid from account number 650-110-5317-00 COMMENTS: NONE ATTACHMENTS: Copies of TCEQ Invoices. Submitted By: Jim Briggs Assistant City Manager for Utilities Glenn Dishong Water Services OCT 13, 03 DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO: TEXAS COMMISSION ON `- ENVIRONMENTAL QUALITY CITY OF GEROGETOWN 300 INDUSTRIAL AVE GEORGETOWN TX 786270000 ACCOUNT NO. BALANCE DUE 23003641 800.00 ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED. PLEASE INDICATE ADDRESS CHANGE ON BACK. INVOICES NOT PAID WITHIN 30 DAYS OF INVOICE DATE WILL ACCRUE PENALTIES 0023003641 1533360 00000800001130035 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PAGE t _-Sr.„, APAIA {aw,aszazaae).. DETACH TOP PORTION AND RETURN WITH. PAYMENT — KEEP BOTTOM POR TION FOR YOUR RECORDS INVOICE DATE INVOICE NO. I DESCRIPTION AMOUNT BALANCE 3CT31,03 CWQOOG5776 PERMIT 010489-006 FY04 800.00 :800.00 CWQ ASSESSMENT FE ©Z> f` 1 ) 1 � LEASE RETURN COUPON WITH PAYMENT. FOR TECHNICAL QUESTIONS CONCERNING THIS FEE LEASE CALL 512-239-5161. ACCOUNT NO. THIS INVOICE REFLECTS ALL PAYMENTS RECEIVED THROUGH: '--J3641 OCT13,03 OCT 13 , 03 See REVERSE SIDE for Explanation of Chargi and TCEO Contact Telephone Numbers. If you have questions after reading the insert and back of bill please call. LATE FEES BALANCE DUE 0.00 800.00 PLEASE PAY THIS AMOUNT '* lit "� INCLUDE ACCOUNT NUMBER ON CHECK NOT A BILL. FOR INFORMATION ONLY. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WASTEWATER TREATMENT FACILITY CONSOLIDATED WATER QUALITY FEE ESTIMATE REPORT FOR FY 2004 Customer Name: CITY OF GEROGETOWN 300 INDUSTRIAL AVE GEORGETOWN TX 78627 CANADA Permit Number : WQ0010489-006 Facility Name : BERRY CREEK WWTP Permit Type : Public Domestic Customer Name : CITY OF GEROGETOWN Account Number: 0023003641 Permit Categories Flow: Contaminated Uncontaminated Pollutants: Oxygen Demand Total Suspended Solids Ammonia Stormwater Major Toxicity Retention Value Fee Assessment 70.00 0.100000 mgd 0.000000 mgd *** This is NOT a bill. Do NOT pay !!! *** Outfall Flow (type) OD TSS 1 OTFL 001 LOGAN RANCH 0.100000 (CF 16.80 167$0 NOT A BILL. FOR INFORMATION ONLY. Ammonia 0.000 $ 0.00 16.680 lb/day 16.680 lb/day 0.000 Ib/day NO $ 0.00 NO $ 0.00 0 $ 0.00 YES Total Fee Assessed $ 800.00 *** This is NOT a bill. Do NOT pay !!! *** Outfall Flow (type) OD TSS 1 OTFL 001 LOGAN RANCH 0.100000 (CF 16.80 167$0 NOT A BILL. FOR INFORMATION ONLY. Ammonia 0.000 OCT 13, 03 DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO: TEXAS COMMISSION ON ``r ENVIRONMENTAL QUALITY CITY OF GEORGETOWN 300 INDUSTRIAL AVE GEORGETOWN TX 786260000 ACCOUNT NO. BALANCE DUE 23005223 800.00 ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED, PLEASE INDICATE ADDRESS CHANGE ON BACK. INVOICES NOT PAID WITHIN 30 DAYS OF INVOICE DATE WILL ACCRUE PENALTIES 0023005223 1533360 00000800001130036 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PAGE" 1 SR.. AR IA 4a,0&2e WM) DETACH TOP: PORTION AND RETURN WITH PAYMENT -,- KEEP BOTTOM PORTION FOR YOUR RECORDS !VOICE DATE I INVOICE NO. DESCRIPTION AMOUNT BALANCE -IT31,03 CWQ0007589 PERMIT 014232-001-FY04 800.00 800.00 CWQ ASSESSMENT FE I 00 ' 1 E EASE RETURN COUPON WITH PAYMENT. FOR TECHNICAL QUESTIONS CONCERNING THIS FEE EASE CALL 512-239-5161. ACCOUNT NO. THIS INVOICE REFLECTS ALL PAYMENTS RECEIVED THROUGH: 2,,, 3223 I OCT 13 , 03 OCT 13, 03 ISee REVERSE SIDE for Explanation of Charges and TCEO Contact Telephone Numbers If you have questions after reading the insert and back of bill, please call. LATE FEES BALANCE DUE 0.00 800.00 PLEASE PAY THIS AMOUNT Z t? INCLUDE ACCOUNT NUMBER ON CHECK NOT A BILL. FOR INFORMATION ONLY. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WASTEWATER TREATMENT FACILITY CONSOLIDATED WATER QUALITY FEE ESTIMATE REPORT FOR FY 2004 Customer Name: CITY OF GEORGETOWN 300 INDUSTRIAL AVE GEORGETOWN TX 78626 US Permit Number : WQ0014232-001 Facility Name : CIMARRON HILLS WWTP Permit Type : Public Domestic Customer Name : CITY OF GEORGETOWN Account Number: 0023005223 Permit Categories Value Fee Assessment Flow: 140.00 Contaminated 0.200000 mgd Uncontaminated 0.000000 mgd Pollutants: $ 0.00 Oxygen Demand 8.340 lb/day Total Suspended Solids 16.680 Ib/day Ammonia 0.000 lb/day Stormwater NO $ 0.00 Major NO $ 0.00 Toxicity 0 $ 0.00 Retention YES Total Fee Assessed $ 800.00 Outfall *** This is NOT a bill. Do NOT pay !!! *** 1 OTFL 001 Flow (upe) 0.200000 (C) 00 8.340 TSS 160 NOT A BILL. FOR INFORMATION ONLY. Ammonia 0.000 OCT 13, 03 DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO: f7 121 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY GEORGETOWN UTILITY SYSTEMS 300 INDUSTRIAL AVE ACCOUNT NO. BALANCE DUE 23004966 3,315.00 ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED. PLEASE INDICATE ADDRESS CHANGE ON BACK. INVOICES NOT PAID WITHIN 30 DAYS OF INVOICE DATE WILL ACCRUE PENALTIES 0023004966 1533360 00003315001130036 GEORGETOWN TX 786260000 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PAGE 1 .. N . M.,Od2 aw) DETACH TOP PORTION AND RETURN WITH: PAYMENT — KEEP BOTTOM PORTION FOR YOUR RECORDS /OICE DATE 1 INVOICE NO. ! DESCRIPTION AMOUNT BALANCE ,T31,03 CW00005775 PERMIT 010489-005 FY04 1 3,315.00 3,315.00 CWQ ASSESSMENT FE_' EASE RETURN COUPON WITH PAYMENT. FOR TECHNICAL QUESTIONS CONCERNING THIS FEE ASE CALL 512-239-5161. ACCOUNT NO. THIS INVOICE REFLECTS ALL PAYMENTS RECEIVED THROUGH: R3uu4966 I OCT13,03 OCT 13 , 03 ISee REVERSE SIDE for Explanation of Charges and TCEO Contact Telephone Numbers. If you have questions after reading the insert and back of bill. please call. LATE FEES BALANCE DUE 0.00 3,315.00 PLEASE PAY THIS AMOUNT T tla- INCLUDE IN LUDE ACCOUNT NUMBER ON CHECK NOT A BILL. FOR INFORMATION ONLY. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WASTEWATER TREATMENT FACILITY CONSOLIDATED WATER QUALITY FEE ESTIMATE REPORT FOR FY 2004 Customer Name: GEORGETOWN UTILITY SYSTEMS 300 INDUSTRIAL AVE GEORGETOWN TX 78626 US Permit Number : WQ0010489-005 Facility Name : PECAN BRANCH WWTP Permit Type : Public Domestic Customer Name : GEORGETOWN UTILITY SYSTEMS Account Number: 0023004966 Permit Categories Flow: Contaminated Uncontaminated Pollutants: Oxygen Demand Total Suspended Solids Ammonia Stormwater Major Toxicity Retention Value Fee Assessment 1,050.00 1.500000 mgd 0.000000 mgd $ 2,265.00 63.000 lb/day 63.000 lb/day 25.000 lb/day NO $ 0.00 NO $ 0.00 0 $ 0.00 NO Total Fee Assessed $ 3,315.00 +'* This is NOT a bill. Do NOT pay !!! *** Outfall Flow (type) OD TSS Ammonia 1 OTFL 001 - TPDES 1.500000 (C) 63.000 63.000 25.000 NOT A BILL. FOR INFORMATION ONLY. 0 NOT A BILL. FOR INFORMATION ONLY. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WASTEWATER TREATMENT FACILITY CONSOLIDATED WATER QUALITY FEE ESTIMATE REPORT FOR FY 2004 Customer Name: GEORGETOWN UTILITY SYSTEMS 300 INDUSTRIAL AVE GEORGETOWN TX 78626 Permit Number : WQ0010489-002 Facility Name : SAN GABRIEL WWTP Permit Type : Public Domestic Customer Name : GEORGETOWN UTILITY SYSTEMS Account Number: 0023002069 Permit Categories Flow: Contaminated Uncontaminated Pollutants: Oxygen Demand Total Suspended Solids Ammonia Stormwater Major Toxicity Retention Value Fee Assessment 1,750.00 2.500000 mgd 0.000000 mgd $ 8,775.00 209.000 lb/day 313.000 lb/day 63.000 Ib/day NO $ 0.00 YES $ 2,000.00 0 $ 0.00 NO Total Fee Assessed $ 12,525.00 *` This is NOT a bill. Do NOT pay !!! *** Outfall Flow (t ee) OD TSS 2 OTFL 001 SAN GABRIEL 2.500000 (C) 209.000 313.000 NOT A BILL. FOR INFORMATION ONLY. Ammonia 3� O00