HomeMy WebLinkAboutAgenda CC 04.11.2006Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, Aprii 11, 2006
The Georgetown City Council will meet on Tuesday, April 11, 2006 at 06:00:00 PM at City Council
Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to
advise the City Council, including agenda items
- Discussion and possible action regarding the audit of the cable television franchise fee payments received from Cox,
and regarding the proposed transfer of the cable television franchise from Cox Southwest Holdings, L.P. to Cebddge
Acquisition, L.P. and the agreement related thereto
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
B Call to Order
C Pledge of Allegiance
D Comments from the dais
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
- Review of procedure for addressing the City Council
E Announcements and Comments from City Manager
F Public Wishing to Address Council
As of the deadline, there were no persons who requested to address the Council on items other than
already posted on the Agenda.
G Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
City Council Agenda/Tuesday, April 11, 2006
Page 1 of 3 Pages
discuss and act upon it individually as part of the Regular Agenda.
H Consideration and possible action to approve the minutes of the Council Workshop on Monday, March 27,
the Council Meeting on Tuesday, March 28, and the Special Workshop on Thursday, March 23, 2006 —
Shirley J. Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary
I Consideration and possible action on a Public Review Final Plat for 36.181 acres in the Frederick Foy
Survey, to be known as Sun City Neighborhood Forty -One, located west of Sun City Boulevard. — Melissa
McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
J Consideration and possible action on a Public Review Final Plat for 21.400 acres in the Frederick Foy
Survey, to be known as Sun City Neighborhood Forty -Four, located west of Sun City Boulevard, off Dry
Creek Boulevard. -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director
Planning and Development
K Consideration and possible action on a Public Review Final Plat for 30.344 acres in the Frederick Foy
Survey, to be known as Sun City Neighborhood Forty -Five, located west of Sun City Boulevard. — Melissa
McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
L Consideration and possible action to approve award of annual bid for Janitorial Supplies to various
bidders in the estimated amount of $27,766.00 — Marsha Iwers, Purchasing Manager and Micki Rundell,
Director of Finance and Administration
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
M Consideration and possible action to authorize the Mayor to execute the 2006 Envision Central Texas
Board Member Agreement and authorize a contribution to Envision Central Texas in an amount not to
exceed $10,000 — Paul Brandenburg, City Manager
N Consideration and possible action to approve a contract with Williamson County in the amount of
$60,000.00 to provide rural fire protection services — Anthony Lincoln, Fire Chief
O Consideration and possible action to approve a resolution consenting to the assignment of the Cable
Television Franchise from Cox Southwest Holdings, L.P. to Cebridge Acquisition, L.P., subject to the
terms of the acceptance agreement by and between the City, Cox Southwest Holdings, L.P. and Cebridge
Acquisition, L.P. — Paul E. Brandenburg, City Manager
P Consideration and possible action to cancel the election for District 1 Council Member due to no
opposition — Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney
Q Second Readinas
1. Second Reading of an Ordinance Annexing into the City 462.88 acres, more or less, in the Frederick
Foy Survey, west of Sun City Boulevard, for Sun City Option Tract -- Bobby Ray, AICP, Director
Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner
2. Second Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development
for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -One,
located west of Sun City Boulevard. — Melissa McCollum, AICP, Development Planner and Bobby Ray,
AICP, Director Planning and Development
3. Second Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development
for 21.400 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty Four,
located west of Sun City Boulevard, off Dry Creek Boulevard. -- Melissa McCollum, AICP, Development
Planner and Bobby Ray, AICP, Director Planning and Development
4 Second Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development
for 30.344 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -Five,
located west of Sun City Boulevard. — Melissa McCollum, AICP, Development Planner and Bobby Ray,
AICP, Director Planning and Development
City Council Agendarruesday, April 11, 2006
Page 2 of 3 Pages
i Second reading of an Ordinance of the City of Georgetown, Texas, adopting a Drought Contingency
Plan; establishing criteria for the initiation and termination of drought response stages; establishing
restrictions on certain water uses; establishing penalties for the violation of and provision for
enforcement of these restrictions; establishing in procedures fro granting variances; and providing
severability, and an effective date. Glenn Dishong, Water Services Manger, Jim Briggs, Assistant City
Manger for Utility Operations
6. Second Reading of an Ordinance Rezoning Lot 1A, Block 7 of the Gabriel Heights Resubdivision
from OF, Office to C-1, Local Commercial for the site at 1501 Park Lane — Bobby Ray, AICP, Director
Planning and Development
7. Second Reading of an Ordinance Rezoning 4.58 acres in the Antonio Flores Survey, Abstract No.
235 from RS, Residential Single -Family to C-3, General Commercial for the site located between North
Austin Avenue and I.H.-35 north of CR 151— Bobby Ray, AICP, Director Planning and Development
8. Second Reading of an Ordinance Rezoning Approximately 18.95 acres out of 73.48 acres in the
Flores Survey from RS, Residential Single -Family to IN, Industrial for the site located on Walden Drive
southeast of North College Street — Bobby Ray, AICP, Director Planning and Development
R Public Hearina/First Readings
1. First Reading of an Ordinance amending Section 8.04.090 of the Code of Ordinances regarding "Open
Burning" to add a new subsection regarding open burning on certain property located in areas Zoned
as "AG" Agricultural; providing a minimum property size; requiring a permit; and establishing conditions
and restrictions on such burning — Anthony Lincoln, Fire Chief
2. Public Hearing to Consider a Rezoning of Lots 8 and 9 of the Anderson Addition from RS, Residential
Single-family to Planned Unit Development (PUD), (to be included into the Southwestern University
PUD), located at 1105 and 1107 E. Eighth Street — Bobby Ray, AICP, Director Planning and
Development.
3. First Reading of an Ordinance Rezoning Lots 8 and 9 of the Anderson Addition from RS, Residential
Single-family to Planned Unit Development (PUD), (to be included into the Southwestern University
PUD), located at 1105 and 1107 E. Eighth Street — Bobby Ray, AICP, Director Planning and
Development
4. First Reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to
establish the Housing Advisory Board — Tom Yantis, Assistant City Manager
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2006, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agendafruesday, April 11, 2006
Page 3 of 3 Pages
Council Meeting Date: April 11, 2006
AGENDA ITEM COVER SHEET
Item No.
SUBJECT:
Second reading of an Ordinance of the City of Georgetown, Texas, adopting a Drought
Contingency Plan; establishing criteria for the initiation and termination of drought response stages;
establishing restrictions on certain water uses; establishing penalties for the violation of and
provision for enforcement of these restrictions; establishing procedures for granting variances; and
providing severability and an effective date.
ITEM SUMMARY:
Section 11.1272 of the Texas Water Code and Chapter 288 of the Texas Administrative Code
require all Texas public water supply systems providing service to 3,300 or more connections to
prepare a drought contingency plan. The current plan was adopted in 2002 (City of Georgetown
Chapter 13.16, prior code 23-3 and 84-42). However, the plan does not meet all the current
requirements of the Code.
The ordinance has been revised to account for the changes in the code.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
None.
GUS BOARD RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends the revised Drought Contingency Plan.
COMMENTS:
None.
ATTACHMENTS:
Drought Contingency Plan
Submitted By: Glenn W. Dishong, 1 Tin\ Bgg
Water Services Manager J Assist Manager
For Utilities
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS,
REPEALING THE EXISTING CHAPTER 13.16 OF THE CITY OF
GEORGETOWN CODE OF ORDINANCES, AND ADOPTING
A NEW CHAPTER 13.16 OF THE CODE OF ORDINANCES
RELATING TO THE DROUGHT CONTINGENCY PLAN;
ESTABLISHING CRITERIA FOR THE INITIATION AND
TERMINATION OF DROUGHT RESPONSE STAGES;
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES;
ESTABLISHING PENALTIES FOR THE VIOLATION OF AND
PROVISIONS FOR ENFORCEMENT OF THESE
RESTRICTIONS; ESTABLISHING PROCEDURES FOR
GRANTING VARIANCES; PROVIDING A SEVERABILITY
CLAUSE AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown, Texas recognizes that the amount of water available
to the City and its water utility customers is limited and subject to depletion during periods of
extended drought, and
WHEREAS, section 11.1272 of the Texas Water Code and Chapter 288 of the Texas
Administrative Code require all Texas public water supply systems providing service to 3,300 or
more connections to prepare a drought contingency Plan; and
WHEREAS, the City Council has determined that the existing Plan in Chapter 13.16 of the
City of Georgetown Code of Ordinances needs to be updated and revised; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
March 22nd, 2006, in compliance with the City Charter of the City of Georgetown; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following elements of the Century Plan Policy Plan and that the
enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies,
as required by Section 2.03 of the Administrative Chapter the Policy Plan:
SECTION 2. The existing Chapter 13.16 of the Code of Ordinances of the City of
Georgetown is hereby repealed in its entirety.
SECTION 3. That there is hereby adopted a new Chapter 13.16 "Drought Contingency
Plan of the City of Georgetown," of the City Code of the City of Georgetown, Texas, which new
Chapter 13.16 is attached hereto as Exhibit "A," and which exhibit is incorporated herein by
reference as if set forth in full.
SECTION 4. That all ordinances that are in conflict with the provisions of this
Ordinance No.
Page 1 of 9
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect ten (10) days after
publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the _ day of 2006.
PASSED AND APPROVED on Second Reading on the _ day of . 2006.
ATTEST:
By:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No.
Page 2 of 9
THE CITY OF GEORGETOWN
Gary Nelon, Mayor
Chapter 13.16
DROUGHT CONTINGENCY PLAN
FOR THE
CITY OF GEORGETOWN
13.16.010 Purpose
The purpose of the Drought Contingency Plan ("Plan") is to conserve and protect the
available water supply for domestic water use, sanitation, and fire protection, and to mininuze
the impact of water shortages during emergency conditions.
13.16.020 Public Education
The City will provide the public with information about the Plan, including information
about the conditions under which each stage of the Plan is initiated, the drought response
measures to be implemented, and the conditions necessary for termination. The information
will be provided through press release and utility bill inserts and/or the City's website.
13.16.030 Coordination
The service area of the City of Georgetown is located within the Brazos Region (G) and
the City of Georgetown has provided a copy of this Plan to the Brazos River Authority.
13.16.040 Authorization
The City Manager, or his/her designee, is hereby authorized and directed to implement
the applicable provisions of the Plan upon his/her determination that such implementation is
necessary to protect the public health, safety, and welfare.
13.16.050 Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing
water provided by the City, except those wholesale water utility customers where a similar
Plan exists for their retail customers.
13.16.060 Definitions
A. ACM — Assistant City Manager for Utility Operations for the City of
Georgetown, or the person otherwise authorized by the City Manager to
have the duties and responsibilities under this Chapter.
B. Conservation — those practices and techniques that reduce the
consumption of water through increased efficiency, reduced losses, or
reuse which results in conservation of the water supply for future use.
C. Customer — any person, company, organization or entity that uses water
supplied by the City, except customers that obtain water under a
Ordinance No.
Page 3 of 9
wholesale agreement and that have a Drought Contingency Plan for their
customers.
D. Notice — notification by press release or utility bill insert for the
implementation of specific phases of this Plan by the City Manager
through the news media (local newspaper and radio station) and the
City's official bulletin board and web site.
E. Industrial water use — water used in a manufacturing process.
Landscape irrigation use — potable water used for the irrigation and
maintenance of landscaped areas, including residential and commercial
lawns, gardens, golf courses, parks, rights-of-way, and medians.
G. New Landscape — vegetation installed at the time of new building
construction, governmental capital improvement project, or which alters
more than half the area of an existing landscape.
H. Non-essential water use — water uses that are not required for the
protection of the public health, safety, and welfare, including, but not
limited to:
1) Use of water to wash any motor vehicle, motorbike, boat, trailer, or
airplane, or other vehicle.
2) Use of water to wash sidewalks, walkways, driveways, parking lots,
or other hard -surfaced areas.
3) Flushing of gutters or permitting potable water to run or accumulate
in any gutter, street, or drainage culvert.
4) Use of water to add to an indoor of outdoor swimming pool or hot -
tub.
5) Use of water in a fountain or pond except where necessary to
support aquatic life.
6) Use of water from fire hydrants for other than fire fighting and
permitted use in conjunction with a hydrant meter.
Water Waste — water use that serves no purpose including:
1) Failure to repair a leak within a reasonable period after having been
given notice to repair such leak.
2) Operating an irrigation system that results in water runoff or
accumulation in a street or parking lot.
13.16.070 Phase 1- Voluntary Water Conservation
A. Conditions for Implementation
Ordinance No.
Page 4 of 9
The City implements residential water conservation rates for its water service.
B. Demand Reduction Target
Water demand target for Phase I is the resultant benchmark usage established by
implementation of residential conservation rates where increased usage results in
progressively higher incremental water cost.
C. Customer and City Actions
1) Increase efforts to inform the public on water conservation strategies.
2) Increase detection and repair of water leaks in the distribution system.
3) Recommend landscape irrigation use that limits the use of automatic irrigation systems
or hose -end sprinklers during the evening (7 PM to midnight) and morning hours
(midnight to LOAM) once every five days based upon the customer's address.
4) Restrict the use of Fire hydrant water to fire protection, hydrant testing, hydrant
maintenance, and permitted use in conjunction with a hydrant meter.
13.16.080 Phase II — Mandatory Water Management
A. Conditions for Implementation
The water level in the City's No.1 observation well drops to, or stabilizes below 643 feet
(100 feet below the surface) for a period of more than five (5) consecutive days.
AND/OR
Lake Georgetown level drops to 779.5 feet (above mean sea level), and no rainfall or other
inflow predicted, and the Williamson County Raw Water Line is unavailable for the next
thirty (30) days.
AND/OR
An event occurs where water demand exceeds the supply and moderate conservation
measures will maintain the ability to provide the proper level of service as determined by
the Assistant City Manager for Utility Operations "ACM", or his/her designee.
B. Demand Reduction Target
Water demand target for Phase H is 75% of normal demand (25% reduction).
C. Customer and City Actions
1) Continue implementation of Phase I. actions 1) and 2).
Ordinance No.
Page 5 of 9
2) Suspend the use of potable water for the following City municipal operations:
• Vehicle washing
• Street cleaning
• Park irrigation
3) Prohibit all non-essential water use except:
• the washing of vehicles and boats is restricted to the time and days specified for
landscape irrigation using a positive shut-off nozzle.
• the washing of vehicles or boats at a commercial car wash or service station is
not restricted.
• the addition of water to swimmirng pools, hot tubs, or similar items is restricted
to the time and days specified for landscape irrigation use.
4) Prohibit all water waste.
5) Restrict landscape irrigation use to the use of automatic irrigation systems or
hose -end sprinklers during the evening (7PM to midnight) and morning hours
(midnight to LOAM) once every five (5) days based upon the customer's address.
6) Landscape irrigation use is permitted at anytime if it is used:
• by means of a hand-held hose or drip irrigation.
• within the first seven (7) days after new landscape installation.
• at a commercial Plant nursery.
• during the testing of new irrigation system installation or existing irrigation
system repair.
13.16.090 Phase III — Mandatory Water Restrictions
A. Conditions for Implementation
The water level in the City's No. l observation well drops to, or stabilizes below 633 feet
(110 feet below the surface) for a period of more than five (5) consecutive days.
AND/OR
Lake Georgetown level drops to 766.5 feet (above mean sea level), and no rainfall or other
inflow predicted, and the Williamson County Raw Water Line is unavailable for the next
thirty (30) days.
AND/OR
An event occurs where water demand exceeds the supply and aggressive conservation
measures will maintain the ability to provide the proper level of service as determined by
the ACM, or his/her designee.
Ordinance No.
Page 6 of 9
B. Demand Reduction Target
Water demand target for Phase III is 50% of normal demand (50% reduction).
C. Customer and City Actions
1) Continue the implementation of Phase I. actions 1) and 2).
2) Prohibit all non-essential water use.
3) Prohibit all water waste.
4) Landscape irrigation use is restricted to the use of a single hand-held hose or
drip irrigation.
5) Prohibit the use of raw water for landscape irrigation.
13.16.100 Phase IV — Water Emergency
A. Conditions for Implementation
An event occurs where water demand exceeds the supply and severe conservation
measures are required to maintain the ability to provide the proper level of service as
determined by the ACM, or his/her designee.
B. Demand Reduction Target
Water demand target for Phase IV is 25% of normal demand (75% reduction).
C. Customer and City Actions
1) Continue the implementation of Phase I. actions 1) and 2).
2) Prohibit all non-essential water use.
3) Prohibit irrigation water use, including the use of raw water for landscape
irrigation.
4) Prohibit all water waste.
5) Prohibit industrial water use.
Ordinance No.
Page 7 of 9
6) The City shall arrange for the emergency purchase of water from utilities for
which there exists proper agreements for such purchase.
13.16.110 Enforcement
A. No person shall knowingly or intentionally allow the use of water from
the City for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any
provision of this Plan.
B. Any person who violates this Plan is guilty of a misdemeanor and, upon
conviction shall be punished by a fine of up to $2,000 dollars for each day
the violation continues, with each day constituting a separate and distinct
offense. If a person is convicted of three or more violations of this Plan,
the City Manager, or his/her designee shall, upon due notice to the
customer, be authorized to discontinue water service to the premises
where such violations occur. Services discontinued under such
circumstances shall be restored only upon payment of a re -connection
charge. In addition, suitable assurance must be given to the City
Manager, or his/her designee, that the same action shall not be repeated
while the Plan is in effect.
C. Any City Code Enforcement Officer, police officer, or other City of
Georgetown employee designated by the City Manager, may issue a
citation to a person that is reasonably believed to be in violation of this
Plan. The citation shall be prepared in duplicate and shall contain the
name and address of the alleged violator, if known, the offense charged,
and shall direct him/her to appear in the municipal court on the date
shown on the citation (3 to 5 days from the issue date). The alleged
violator shall be served a copy of the citation, with service complete upon
delivery of the citation to the alleged violator, and agent or employee, or
to a person over 14 years of age who is a family member or resident of the
violator's residence.
13.16.120 Variances
A. A customer may file an application for a variance from this Plan for the
property receiving water service with the ACM. The ACM may
determine the proper information and require that the applicant provide
such information to evaluate the variance request.
B. The ACM may grant a variance from the Plan upon his/her determination
that special circumstances exist that upon strict enforcement of the Plan
will adversely affect the health, sanitation, or fire protection for the public
or the applicant.
Ordinance No.
Page 8 of 9
C. Variances granted under this section will expire upon escalation of the
Plan to the next higher phase or termination of the Plan.
13.16.130 Termination
The City Manager, or his/her designee, is hereby authorized and directed to terminate the
applicable provisions of the Plan upon his/her determination that the applicable provisions are
no longer necessary to protect the public health, safety, and welfare.
Ordinance No.
Page 9 of 9
Terri Calhoun/City of
Georgetown
G eortc; r r 7m P/06/2006 04:24 PM
To Sandra Lee/City of Georgetown@City of Georgetown
cc toads@brown-carls.com, Laura Wilkins/City of
Georgetown@City of Georgetown, Barbara Lake/City of
bcc Georgetown@City of Georgetown, Jana Kern/City of
Subject Fw: Last minute executive session items forMonday 4/10/06
This will confirm that these items will NOT go on the 4/10/06 Executive Session agenda. So, Sandra,
despite our telephone conversation a moment ago, please hold off on BOTH items until April 24. Sorry for
the scramble, but I just received confirmation from Jim to wait on these until the 24th.
Terri Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Avenue
Georgetown, TX 78626
(512)930-3558
Direct Line (512) 930-2575
FAX (512) 930-3559
See our web site at www.georgetown.org.
The preceding e-mail message, including any attachments, contains information that may be confidential,
constitute non-public information, or be protected by privilege. It is intended to be conveyed only to the
designated recipient(s). If you are not the intended recipient of this message, please notify the sender
immediately by replying to this message and then delete it from your system. Use, dissemination,
distribution, or reproduction of this message by unintended recipients is not authorized and may be
unlawful under the Electronic Communications Privacy Act: 18 U.S.C. § 2510 - § 2521.
-- Forwarded by Terri Calhoun/City of Georgetown on 04/06/2006 04:19 PM —
Terri Calhoun/City of
Georgetown To Sandra Lee/City of Georgetown
r4m,>P4/06/2006 02:58 PM cc tcarls@brown-carls.com, Laura Wilkins/City of
Georgetown@City of Georgetown, Barbara Lake/City of
Georgetown@City of Georgetown, Jana Kem/City of
Georgetown@City of Georgetown
Subject Last minute executive session items forMonday 4/10/OE
Per Jim Briggs, please add the following items to Monday's Executive Session agend under real estate
deliberation exception:
• Discussion and possible action regarding prospective acquisition of 5.107 acres located at FM 1460
and Industrial Avenue from Bobby Ray Guthrie, Trustee, for possible use as future City facilities. --
Jim Briggs, Assistant City Manager for Utility Operations
Discussion and possible action regarding the acquisition of 3.83 acres located on CR 116 from W.D.
Kelley Foundation for use as future electric substation. -- Jim Briggs, Assistant City Manager for Utility
Operations and Mike Mayben, Energy Services Manager
There won't be any cover sheet or paper back-up on these. We just need to update the Council on the
status of these acquisitions.
Terri Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Avenue
Terri Glasby C ppss,�q�o
Georgetown U
W. D. KELLEY FOUNDATION
707 ROCK STREET
GEORGETOWN, TEXAS 78626-5718
March 16, 2006
E4A£,IA;A
City of Georget�e�
300 Industrial P
Georgetown, TE
LOCAL 512/863-2575
AUSTIN 512/930-5012
FAX: 5121863-2576
dale@dale-illig.com
Re: Response �,e,� �' proposed site for an electric substation being
the acquit �a own e�-� and owned by the W.D. Kelley Foundation
located be d' i Williamson County, Texas.
Dear Terri:
The W.D. Kelley Foundation ("Foundation") has considered your offer of $269,150 for
±3.83 acres located on CR 116. This proposed acquisition for an electric substation site
is out of 117 contiguous acres owned by the Foundation. The $269,150 offer is based on
an appraisal with an effective date of November 11, 2005 prepared by Ezell & Smith, Inc.
The Foundation is of the opinion that $269,150 is inadequate for the reasons outlined in
this letter.
1. The $1.60/SF appraised value is below market value for the acquisition of 3.83 acres.
2. The appraiser makes no analysis of, and has no allocation for, damages to our
remaining land. We feel damages occur because:
a) The construction of a proposed electric substation will adversely impact our
remaining contiguous land.
b) The loss of width along CR 116 will require our planned future street to be single
loaded after the acquisition versus the planned double loaded street on a before
basis (shown as "B Street' on Concept Plan).
Letter to Calhoun
December 29, 2005
Page 2
Appraised Value - Your appraiser utilized five (5) comparisons to arrive at the value
estimate of $1.60/SF. Sale 1, 2 and 3 (combined as one sale) was the most recent sale
(9-05), selling at $2.96/SF for 7.35 acres. The appraiser makes several large adjustments
which are notjustified which reduce the price 46% to the $1.60/SF offer. He makes similar
analyses on several other sales which we take exception to, including use of Sale 5 which
had approximately 30% of its area within a flood plain while only adjusting the price upward
5%. It is noted that the oldest sale, and closest in proximity to our property, indicated
$1.80/SF although the appraiser makes no reference to past fill placed on the land.
It is noted that a recent sale behind the Hewlett car dealership of 19.49 acres sold on
September 16, 2005 at $3.00/SF. The appraiser was aware of this sale but was unable
to confirm the price. Larry Kokel's office was able to confirm the sale with the buyer at
$3.00/SF. We feel this sale justifies a higher value conclusion than $1.60/SF and believe
a price of $2.00 to $2.50/SF is more appropriate for the Foundation's 3.83 acres.
Damages - The Foundation has significant concerns relative to a substation being located
on the 3.83 acres. The Foundation would have preferred the substation to be located
elsewhere, allowing the Foundation to more appropriately select a use which would have
complimented and added value to our 113 remaining acres.
The appraisal report makes no analysis of the impact of the part to be taken as it relates
to the Foundation's remaining land. It is our opinion that the appraiser did not conduct
proper analysis for a governmental acquisition. Texas law dictates an analysis of damages
to the remaining adjacent land. We do not advocate damages over the entire 117 acres
but certainly believe the adjacent 6.6 acres will suffer proximity damages as it relates to
visual non -compatibility from an electric substation and issues related to the unknown
impact from Electric Magnetic Field (EMF). Typically appraisers conclude that damages
occur to land adjacent to an electric substation. A 10% value reduction on 6.6 acres at
$2.00/SF results in damages of $57,500.00.
Of additional concern to the Foundation is that, without the acquisition, future development
would have benefitted from using both sides of our planned street from IH 35 to CR 116.
The acquisition of the substation and a desire to buffer uses away from the substation
appear to require the street to run against the substation site with the Foundation paying
100% of the cost to build the road while being able to use only one side along your
proposed acquisition. In our opinion, this results in a loss of ±$60,000.00.
Based on this logic, we believe a more appropriate compensation to be $334,000.00 for
the land ($2.00/SF) plus $117,500.00 in damages for a total of $451,500.00.
On January 20, 2006, we received compensation in the amount of $269,150.00 and
executed a Possession and Use Agreement to the City of Georgetown.
Letter to Calhoun
December 29, 2005
Page 3
As an accommodation to avoid litigation we would offer the following settlement:
1. $350,000.00, i.e. an additional $80,850.00 in compensation.
2. Acceptance of the enclosed deed to two detention ponds in Pleasant Valley
Subdivision.
We appreciate your continued cooperation and hope we can resolve these issues
amicably.
Sincerely yours,
Dale Ilesid '
Dl:jc
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Special Warranty Deed
Date: March 16, 2006
Grantor: W. D. Kelley Foundation, a Texas corporation, and The William D. Kelley
Trust, Dale Illig, Trustee
Grantor's Mailing Address:
W. D. Kelley Foundation et al
707 Rock Street
Georgetown, TX 78626
Williamson County
Grantee: City of Georgetown
Grantee's Mailing Address:
City of Georgetown, Texas
P. O. Box 409
Georgetown, TX 78627-0409
Williamson County
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
Property (including any improvements):
Lot 1, Block "A" and Lot 4, Block B, Pleasant Valley, a subdivision in Williamson
County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides
32-33, Plat Records, Williamson County, Texas.
Reservations from Conveyance:
None
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record
or not; all presently recorded and validly existing instruments, other than conveyances of
the surface fee estate, that affect the Property; and taxes for 2006, which Grantee
assumes and agrees to pay, and subsequent assessments for that and prior years due to
change in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee
the Property, together with all and singular the rights and appurtenances thereto in anyway
belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns
forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever
defend all and singular the Property to Grantee and Grantee's heirs, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof when the claim is by, through, or under Grantor but not otherwise, except as
to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
As a material part of the Consideration for this deed, Grantor and Grantee agree
that Grantee is taking the Property "AS IS" with any and all latent and patent defects and
that there is no warranty by Grantor that the Property has a particular financial value or is
fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not
relying on any representation, statement, or other assertion with respect to the Property
condition but is relying on Grantee's examination of the Property. Grantee takes the
Property with the express understanding and stipulation that there are no express or
implied warranties except for limited warranties of title set forth in this deed.
As part of the consideration for this deed, Grantor and Grantee agree that, as
between Grantor and Grantee, the risk of liability or expense for environmental problems,
even if arising from events before closing, is the sole responsibility of Grantee, regardless
of whether the environmental problems were known or unknown at closing. Grantee
indemnifies, holds harmless, and releases Grantor from liability for any latent defects and
from any liability for environmental problems affecting the property, including liability under
the Comprehensive Environmental Response, Compensation, and LiabilityAct (CERCLA),
the Resource Conservation and Recovery Act (RCRA), the Texas Solid Waste Disposal
Act, orthe Texas Water Code. Grantee indemnifies, holds harmless, and releases Grantor
from any liability for environmental problems affecting the property arising as the result of
Grantor's own negligence or the negligence of Grantor's representatives. Grantee
indemnifies, holds harmless, and releases Grantor from any liability for environmental
problems affecting the property arising as the result of theories of products liability and
strict liability, or under new laws or changes to existing laws enacted afterthe effective date
that would otherwise impose on Grantor in this type of transaction new liabilities for
environmental problems affecting the property.
When the context requires, singular nouns and pronouns include the plural.
W. D. Kelley Foundation, a Texas corporation,
By:
Dale Illig, Presid t
The William D. Kelley Trust, Dale Illig, Trustee
By. /
Dale Illig, Trustee
STATE OF TEXAS
COUNTY OF WILLIAMSON ) Y4
This instrument was acknowledged before me on16-----12006,
by Dale IIIig, as the President of W. D. Kelley Fndation, a Texas corporation, on behalf
of said corporation and as Trustee of The Willi;D. Kelley Trust, oyf be,palf of said entity.
ary Pub�c, State of l
commis ion expires:
PREPARED IN THE OFFICE OF: JEANNIE C. CCFFMAN
°` NotLry Public, state or Texas
-%" My Commission Expires
`';h,o,,, „'.••' February 02, 2008
LAW OFFICE OF DALE ILLIG, P.C. --
707 ROCK STREET
GEORGETOWN, TX 78626
AFTER RECORDING RETURN TO:
