HomeMy WebLinkAboutAgenda CC 07.16.2003A
Sandra Lee To: Administrative Assistants, Directors, Jim Babcock/City of
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Subject: Summary of Council Action at Special Mtg on July 16, 2003
GEORGETOWN CITY COUNCIL
SPECIAL MEETING
Wednesday, July 16, 2003
SUMMARY OF COUNCIL ACTION
Note: The following is a summary of Council action prepared by the City Secretary.
The Minutes of the Council Meeting will be considered for approval at the next regular Council Meeting.
Action from Executive Session
There was no action from Executive Session.
Regular Session
A Consideration and possible action to approve the Wolf Ranch Development Agreement —Tom Yantis,
Assistant City Manager and Trish Carls, City Attorney
Motion by Noble, second by Sensing to approve the Wolf Ranch Development Agreement with the adjustments
made tonight by the staff. Approved 5-1-1. (Smith opposed)(Kirby abstained)
B Consideration and possible action to authorize the Mayor to execute an Advance Funding Agreement for
Voluntary Transportation Improvement Projects On -System, between the City of Georgetown and the Texas
Department of Transportation (TxDOT) — Jim Briggs, Assistant City Manager for Utility Operations
Motion by Evans, second by Noble to authorize the Mayor to execute the Advance Funding Agreement.
Approved 6-0-1. (Kirby abstained)
C Second Reading of an ordinance providing for the annexation into the City 103.50 acres, more or less, in the
Clement Stubblefield Survey, located at the southwest comer of the intersection of IH 35 and SH 29 — Ed
Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development
Motion by Snell, second by Sensing to approve Ordinance No. 2003-44. Approved 6-0.1. (Kirby abstained)
Second Reading of an ordinance providing for the annexation into the City 0.68 acres in the Clement
Stubblefield Survey, located near the southwest corner of the intersection of IH 35 and SH 29 — Ed Polasek,
Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development
Motion by Evans, second by Sensing to approve Ordinance No. 2003.45. Approved 6-0-1. (Kirby abstained)
Second Reading of an Ordinance for a Century Plan Amendment for 102.627 Acres out of the Clement
Stubblefield Survey, to change the Intensity Level 3 to the proposed Level 5, and to modify the Thoroughfare
Plan by shifting the proposed southern extension of CR 265 from the east to the west in order to connect to the
proposed Southwest Inner Loop, located at the southwest corner of the Intersection of IH -35 and SH 29 — Ed
Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development
Motion by Noble, second by Evans to approve Ordinance No. 2003-06. Approved 6-0-1. (Kirby abstained)
Second Reading of an Ordinance establishing a Planned Unit Development (PUD) for 102.627 acres out of
the Clement Stubblefied Survey, Abstract No. 558, located at the southwest comer of State Highway 29 and I.H.
35 -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services
Motion by Snell, second by Eason to approve Ordinance No. 2003.47. Approved 6-0-1. (Kirby abstained)
The meeting was adjourned at 8:45 p.m.
Sandra D. Lee
City Secretary
City of Georgetown
Slee@georgetowntx.org
(512) 930-3652 Telephone
(512)930-3659 Fax
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Wednesday, July 16, 2003
The Georgetown City Council will meet on Wednesday, July 16, 2003 at 06:00:00 PM at the San Gabriel
Room of the Georgetown Municipal Complex, 300 Industrial Avenue, Georgetown, Texas
If you need accommodations for a disability, please notify the city in advance.
SPECIAL MEETING
Regular Session
Call to order at 6:00 p.m.
A Consideration and possible action to approve the Wolf Ranch Development Agreement --Tom
Yantis, Assistant City Manager and Trish Carls, City Attorney
B Consideration and possible action to authorize the Mayor to execute an Advance Funding
Agreement for Voluntary Transportation Improvement Projects On -System, between the City of
Georgetown and the Texas Department of Transportation (TxDOT) -- Jim Briggs, Assistant City
Manager for Utility Operations
C Second Reading of an ordinance providing for the annexation into the City 103.50 acres, more or
less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of
IH 35 and SH 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of
Planning and Development
D Second Reading of an ordinance providing for the annexation into the City 0.68 acres in the
Clement Stubblefield Survey, located near the southwest corner of the intersection of IH 35
and SH 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of
Planning and Development
E Second Reading of an Ordinance for a Century Plan Amendment for 102.627 Acres out of the
Clement Stubblefield Survey, to change the Intensity Level 3 to the proposed Level 5, and to
modify the Thoroughfare Plan by shifting the proposed southern extension of CR 265 from the
east to the west in order to connect to the proposed Southwest Inner Loop, located at the
southwest corner of the intersection of IH -35 and SH 29 -- Ed Polasek, Chief Long -Range
Planner and Amelia Sondgeroth, Director of Planning and Development
F Second Reading of an Ordinance establishing a Planned Unit Development (PUD) for 102.627
acres out of the Clement Stubblefied Survey, Abstract No. 558, located at the southwest corner of
State Highway 29 and I.H. 35 — Bobby Ray, Chief Current Planner and Amelia Sondgeroth,
Director of Development Services
The City Council reserves the right to convene in closed Executive Session, pursuant to Section 551.071 of the
Texas Government Code (regarding consultation with attorney) to discuss the agenda items set forth above.
Certificate of Postin
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
City Council Agenda
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
Council Meeting Date: July 16, 2003 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize the Mayor to execute an Advance Funding
Agreement for Voluntary Transportation Improvement Projects On -System, between the City of
Georgetown and the Texas Department of Transportation (TxDOT)
ITEM SUMMARY
As a part of the Simon Agreement, certain road improvements will be required in order to complete
the project. One of those improvements is the completion of State Highway 29 Road Widening and
Improvements.
The City of Georgetown has been worldng with Simon Property Group and TxDOT to create an
Advance Funding Agreement for the road widening improvements on State Highway 29, from Interstate 35
to DB Wood Road.
Attached to this agenda item cover sheet is a copy of the Advance Funding Agreement which has been
prepared by TxDOT for execution by the City of Georgetown. This contract will be between the City of
Georgetown and TxDOT and all fiscal responsibilities associated with this project will be the responsibility
of the City of Georgetown and TxDOT.
On Page 8 of 8 of the agreement, you will see the estimated project costs and the responsibilities of
each party. The design, construction, engineering and administrative letting costs, and indirect costs included
in the project total are the responsibility of TxDOT. These costs equate to approximately $1,100,000, which
TxDOT will be responsible for incurring as a part of this project. The balance of the project costs,
approximately $5,000,000, will be the responsibility of the City of Georgetown as a part of our agreement with
Simon Property Group.
Staff is recommending approval of the Advance Funding Agreement, but in a motion that authorizes
the Mayor to execute the Agreement with TxDOT only after the City of Georgetown has received the notice
to proceed by Simon Property Group. This will ensure that costs associated with this project will be able to
be covered by the Development Agreement, approved by the City of Georgetown and Simon Property Group.
The City of Georgetown will not be approving a highway improvement project with TxDOT prior to having
the ability to repay the costs to the State of Texas.
SPECIAL CONSIDERATIONS:
FINANCIAL IMPACT:
ATTACHMENTS:
Advance Funding Agreement
Submitted By:
Manager for Utility Operations
J-
Texas Department of Transportation
P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000
July 1, 2003
CSJ: 0337-01-029
Highway: SH 29
Williamson County
Mr. John Aldridge, P.E.
City of Georgetown
P. O. Box 409
Georgetown, Texas 78627
Dear Mr. Aldridge:
Enclosed are two original counterparts of an agreement for the above referenced project.
Please notice that additional costs have been included to allow for the design of the
discussed water quality ponds and CR 265 stub -outs. Upon your concurrence of this
document, two original executed counterparts are required for final processing by
TxDOT. A check made payable to the Texas Department of Transportation in the amount
of $311,693.00 will then be requested to fully activate the project.
Your assistance is appreciated. If you have any questions, please feel free to contact me
at 512/832-7154.
Sincerely,
�/ J
Patsy K. Warren
Contracts Manager
xc: Gerald Pohlmeyer, Georgetown
An Equal Opportunity Employer
CSJ:
0337-01-029
County:
Williamson
Highway:
SH 29
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM)
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through
the Texas Department of Transportation, hereinafter called the State, and the City of
Georgetown, acting by and through their duly authorized officials, hereinafter called the
Local Government.
WITNESSETH
WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221
authorizes the State to lay out, construct, maintain, and operate a system of streets,
roads, and highways that comprise the State Highway System; and,
WHEREAS, Commission Minute Order Number 85094 authorizes the State to
undertake and complete a highway improvement generally described as the
reconstruction of an existing 4 -lane rural section to a proposed 4 -lane urban section;
and,
WHEREAS, the Local Government has requested to participate in said improvement by
funding that portion described as reconstruction of the existing 4 -lane rural section to a
proposed 4 -lane divided urban section on SH 29; hereinafter referred to as the Project;
and
WHEREAS, the State has determined that such participation is in the best interest of
the citizens of the State; and,
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 Govemment do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signature
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.
AFA for Voluntary Transportation t Of 8
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
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, Payment Provision and Work Responsibilities 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, Payment Provision and Work Responsibilities, also specifies those
Project items of work that are the responsibility of the Local Government and will be
carried out and completed by the Local Government, at no cost to the State.
Texas Government Code, Chapter 2106 requires the State to recover indirect costs
associated with this agreement as- calculated based on prevailing rates specified in the
State's Indirect Cost Recovery Program.
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. The Local Government will provide
for all necessary right-of-way and utility adjustments needed for performance of the
work on sites not owned or to be acquired by the State.
Article 4. Responsibilities of the Parties
The Local Government acknowledges that while it is not an agent, servant, nor
employee of the State, it is responsible for its own acts and deeds and for those of its
agents or employees during the performance of the work on the Project.
Article 5. Document and Information Exchange
If requested by the State, the Local Government agrees to electronically deliver all
general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State,
the Local Government will use the State's document template. The Local Government
shall also provide a detailed construction time estimate including types of activities and
month in the format required by the State. This requirement applies whether the local
entity creates the documents with its own forces or by hiring a consultant or
professional provider.
Article 6. 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.
AFA for Voluntary Transportation of 8
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
Article 7. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work
Responsibilities, 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 worts will be performed in
accordance with the 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 8. 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, the Local Government will pay to the State the
funds necessary to cover the additional cost, unless otherwise specified in Attachment
A to this agreement. The State shall send the Local Government a written notification
stating the amount of funding required and reasons for the additional costs. The Local
Government shall pay the funds to the State within thirty (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 accordance with Article 10 - Termination.
If any existing or future local ordinances, including, but not limited to, outdoor
advertising billboards or storm water drainage facility requirements, are more restrictive
than State or Federal Regulations, or 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 entity. The cost of
providing such 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 expenses related to relocation, removal, or adjustment of eligible
utilities.
Article 9. Maintenance
Upon completion of the Project, each party to this agreement shall be responsible for
maintaining the project segments within their perspective right(s) of way.
Article 10. 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;
AFA for Voluntary Transportation 3 of 8
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
♦ by the State if it determines that the performance of the Project is not in the best
interest of the State.
If the contract 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, unless otherwise
specified in Attachment A to this agreement.
A. In the event the State determines that additional funding is required by the Local
Government at any time during the development of the Project, the State will notify
the Local Government in writing. The Local Government will make payment to the
State within thirty (30) days from receipt of the State's written notification, unless
otherwise specified in Attachment A to this agreement..
B. 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.
C. In the event the Project is not completed, the State may seek reimbursement from
the Local Government of the expended funds. The Local Government will remit the
required funds to the State within sixty (60) days from receipt of the State's
notification.
D. The State will not pay interest on any funds provided by the Local Government.
E. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
11. 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:
Local Government:
State:
Mayor Gary Nelon
William C. Garbade, P.E.
City of Georgetown
Austin District Engineer
P. O. Box 409
P. O. Drawer 15426
Georgetown, Texas 78627
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 delivered personally or by certified U.S. mail and such
request shall be honored and carried out by the other party.
AFA for Voluntary Transportation 4 of 8
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
Article 12. 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 13. 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 14. Amendments
By mutual written consent of the parties, this contract may be amended prior to its
expiration.
Article 15. 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.
THE 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.
as
William C. Garbade, P.E.
Austin District Engineer
THE LOCAL GOVERNMENT
Date
Name of the Local Government: City of Georgetown
In
Typed or Printed Name and Title
AFA for Voluntary Transportation 5 of 8
Improvement Projects (on -system)
Date
ATTACHMENT A
Payment Provision
and Work Responsibilities
1. Project Description:
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
Reconstruct the existing 4 -lane rural section (0.23 mile East of D. B. Wood Road
to IH 35 Southbound Frontage Road) to a proposed 4 -lane divided urban section
with selected median breaks, left turn lane(s), right turn lane(s) and signal
installation.
Construct CR 265 east and -west stub -outs, north to existing CR 265; and, CR
265 west stub -out, South of SH 29.
2. Right of Way
The State shall prepare or cause to be prepared right of way maps, property
descriptions and other data needed to complete the project. A minimum right of
way width of 130', corner clips at intersecting streets and any additional right of
way deemed necessary by the State, to complete the project, will be provided by
the Local Government. Tracings of the maps shall be retained by the State for its
permanent records.
3. Utility Adjustments/Relocations
A. The Local Government shall be responsible for providing the required
clearance of a parallel 20' public utility easement on the south side of SH 29
and a parallel 15' public utility easement on the north side of SH 29,
throughout the limits of the Project.
B. Removal or relocation of all affected utility facilities, necessary to complete
the project, will be the responsibility of the respective owner. The Local
Government shall be responsible for all costs associated with any adjustment
not assumed by the utility company or owner. Removal or relocation of any
utility shall be in accordance with applicable laws, regulations, policies and
procedures. In the event additional utilities are required to be adjusted,
removed or relocated during the construction of the Project, the Local
Government will be responsible for all costs associated with the additional
utility work within its jurisdiction.
C. Contractor reimbursement(s), determined to be caused by the delay of utility
adjustments, shall be borne by the Local Government.
D. The parties agree that required removal of any asbestos concrete pipe in the
project shall be funded by the Local Government. The costs of remediation
of any contamination attributable to the Local Government's facilities,
Advance Funding Agreement for Voluntary Transportation Page 6 of 8 Revised 4/9/01
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
encountered during construction, shall also be borne by the Local
Government.
4. Environmental Services
The State shall prepare or cause to be prepared the appropriate environmental
documentation required for clearance of the Project. The Local Government
shall participate in all public processes required for environmental clearance.
5. Engineering Services
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
specifications, standards, laws and policies deemed necessary by TxDOT.
6. Construction Responsibilities
A. The State shall be responsible for competitively bidding the project to
construction.
B. The State shall supervise and inspect all work performed by the construction
contractor and provide such engineering, inspection and testing services as
may be required to ensure that the construction of the Project is
accomplished in accordance with the approved P.S.&E.
7. Maintenance Responsibilities
Each party to this agreement shall be responsible for maintaining water quality
ponds and roadway area(s) located within their perspective right(s) of way.
The Local Government shall provide to the State an access point for each water
quality pond specified or deemed necessary by the State.
8. Payment Provision
The Local Government shall be responsible for the actual construction costs
required to complete the Project.
The State shall be responsible for the design costs, excluding water quality
ponds and stub -outs on CR 265. These costs will be borne by the Local
Government.
Advance Funding Agreement for Voluntary Transportation Page 7 of 8 Revised 4/9/01
Improvement Projects (on -system)
CSJ: 0337-01-029
County: Williamson
Highway: SH 29
Project costs are estimated as shown:
$4,854,000.00 - Bid Items
$ 200,000.00 — Design of water quality ponds and
$5,054,000.00 - Sub -Total
$ 530,670.00 -Construction Engineering (10.5%)
$5,584,670.00 - Sub -Total
$ 111,693.00 - Administrative/Letting Costs (2%)
$5,696,363.00 - Sub -Total
$ 426,088.00 - State Indirect Costs (7.48%)
$6,122,451.00 - Estimated Project Total
CR 265 stub -outs
The Local Government shall submit a check, to the State, in the amount of
$311,693.00, within thirty (30) days of receiving an executed agreement. This
amount will be applied to state administrative costs and the design of water
quality ponds and CR 265 stub -outs, which will be performed by a state acquired
design consultant. The remaining project costs, will be due thirty (30) days from
state notification or state bid advertisement for construction.
Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government or the State will be promptly paid
by the owing party.
Advance Funding Agreement for Voluntary Transportation Page 8 of 8 Revised 4/9/01
Improvement Projects (on -system)