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HomeMy WebLinkAboutAgenda CC 05.28.20066L- Notice L Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, March 28, 2006 The Georgetown City Council will meet on Tuesday, March 28, 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.551.087: Deliberations Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. B 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 - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding the audit of the franchise agreement with Cox Communications, Inc. and regarding the possible assignment to Cequel III (Cebridge Connections). - Discusion and possible action regarding the Del Webb/Sun City Development Agreement and the proposed Eighth Amendment. 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.) C Call to Order D Pledge of Allegiance E Comments from the dais - Welcome to Audience and Opening Comments — Mayor Gary Nelon - Review of procedure for addressing the City Council Presentation of Arts and Culture Board Certificates of Excellence to the Heritage Society for the Holiday Homes Tour, and to Southwestern University Theatre Faculty for the production of "The Glass Menagerie." F Announcements and Comments from City Manager City Council Agenda/March 28, 2006 Page 1 of 5 Pages G Public Wishing to Address Council - Keith Peshak, regarding "aluminum clearing a path to Williams Drive." - Keith Peshak, regarding "what happens when you speak before the city council about something that they do not want to hear — among other things a S.W.A.T. raid by the Georgetown police at your house outside the city limits without probable cause, a warrant, or a complaint." H Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A counciimember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. I Consideration and possible action to approve the minutes of the Council Workshop on Monday, March 13, and the Council Meeting on Tuesday, March 14, 2006 — Sandra D. Lee, City Secretary J Consideration and possible action to review and accept an agreement between the City of Georgetown and the Capital Area Council of Governments (CAPCOG) for the use of the Emergency Notification System -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief K Consideration and possible action to authorize staff to prepare applications for Statewide Transportation Enhancement Program funds from the Texas Department of Transportation — Tom Yantis, Assistant City Manager L Consideration and possible action on a Preliminary Plat of 98.338 acres in the Barney C. Low Survey to be known as Teravista Subdivision, Section 310, 311, 312 and 313, located southwest of the intersection of FM 1460 and Westinghouse Road -- Carla J. Benton, Development Planner and Bobby Ray, AICP, Director of Planning and Development M Consideration and possible action on a Preliminary Plat of Horizon Commercial Park, a Resubdivision of Block A, Lot 1 located at FM 1460 and High Tech Drive — Carla J. Benton, Development Planner and Bobby Ray, AICP, Director of Planning and Development N Consideration of a Resolution authorizing the Release of a Special Assessment Lien against property currently owned by Jo Ann Wade Lambert located at 1801 Eubank Street -- Patricia E. Carls, City Attorney 0 Consideration and possible action to approve the assignment of an airport ground lease at 501 Wright Brothers Drive from Tom Walters to Lightning Ranch Holding Co., LLC. — 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: P Consideration of authorization for the City of Georgetown and the Georgetown Public Library to submit an application to the Lower Colorado River Authority for a grant of $50,000 to be used for an outdoor water feature and water collection system for the new library — Eric Lashley, Library Director and Randy Morrow, Director of Community Services O Consideration and possible action to authorize application for a Grant for $61,150.00 from the Federal Emergency Management Agency with a ten percent matching fund of $6,115.00 from the City of Georgetown to fund firefighting equipment and personal protective equipment — Anthony Lincoln, Fire Chief R Consideration and possible action consenting to the creation of the proposed Williamson County Emergency Service District (ESD) No.9 -- Anthony Lincoln, Fire Chief S Consideration and possible action to implement the recommendations of the Affordable Housing Task Force — Hartley Sappington, Chair, Affordable Housing Task Farce and Tom Yantis, Assistant City Manager T Consideration and Possible Action to extend the filing requirements of H.B. 914 and Chapter 176, Local City Council Agenda/March 28, 2006 Page 2 of 5 Pages Government Code to include Assistant City Managers, department heads and other City employees whose employment includes providing contract review and advice -- John Kirby, Councilmember/District 5 U Consideration and possible action to name the terminal building or the control tower at the Georgetown Municipal Airport in honor of Mrs. Emma Browning — Gabe Sensing, Councilmember District 2 V Contracts and Agreements 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Rabbit Hill Pump Station for $167,200.00 -- Glenn Dishong, Water Services Manager and Jim , Assistant City Manager for Utilities 2. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Southside Water Treatment Plant Upgrade for $18,600.00 — Glenn Dishong, Water Services Manger and Jim , Assistant City Manager for Utilities 3. Consideration and possible action to award a contract for the construction of the Wolf Ranch Parkway project to Chasco Contracting of Round Rock, Texas for the low base bid, plus alternate bid, for a total of $2,048,699.00 and approval of a project contingency construction expense budget of $2,150,000.00 -- Mark Miller, Transportation Manager and Jim , Assistant City Manager for Utility Operations 4. Consideration and possible action to approve a contract amendment with HDR for the development of a waterlwastewater financial planning model and related rate study in an amount not to exceed $40,000 -- Mick! Rundell, Director of Finance and Administration W Second Reading Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas, amending Ordinance No. 2005-95 to remove Section 5 of Ordinance No. 2005-95 relating to the annexation of approximately 59 Acres (+/-) of land owned by Milton G. and Elizabeth Liese out of the D. Wright Survey, Abstract No. 13 -- Councilmember Ben Oliver Sun City Texas 8th Amended Development Agreement and 8th Amended Concept Plan 1. Public Hearing on the 8th Amended Development Agreement and 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and on variances to the Subdivision Regulations related to connectivity, and revisions to the Planned Unit Development ("PUD") zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and delete/remove the Garden Lot standards currently allowed in the PUD standards -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development 2. Consideration and possible action on the 8th Amended Development Agreement and 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and on variances to the Subdivision Regulations related to connectivity, and revisions to the Planned Unit Development ("PUD") zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and delete/remove the Garden Lot standards currently allowed in the PUD standards -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development Y Public Hearings/First Readings 1. Public Hearing to consider a 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 2. First 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. Public Hearing to consider a Rezoning from AG, Agriculture to PUD, Planned Unit Development for City Council Agenda/March 28, 2006 Page 3 of 5 Pages 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. First 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 5. Public Hearing to consider a 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 6. First Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development for 30.344 acres in the Frederick Fay 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 7. First reading of an Ordinance 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; and establishing procedures for granting variances -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manger for Utilities 8. Public Hearing to consider a Rezoning of Lot 1A, Block 7 of the Gabriel Heights Resubdivision from OF, Office to G1, Local Commercial for the site at 1501 Park Lane -- Bobby Ray, AICP, Director Planning and Development 9. First 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 10. Public Hearing to consider a Rezoning of 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 11. First 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 12. Public Hearing to consider a Rezoning of 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 13. First 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 14. 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 15. 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 Consideration and possible action to appoint Rosemary Mesa to the Georgetown Housing Authorityto fill a vacancy that expires in February, 2007; appoint Stephanie Sorensen to the Library Board to fill a City Council Agenda/March 28, 2006 Page 4 of 5 Pages vacancy that expires in February, 2008; appoint Will Moore as Chair of the Zoning Board of Adjustment, and appoint Steven S. Lampinstein to the vacant alternate position on the Zoning Board that will expire in February, 2008 -- Mayor Gary Nelon Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 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 Agenda/March 28, 2006 Page 5 of 5 Pages Council meeting date: March 28, 2006 Item No. n AGENDA ITEM COVER SHEET SUBJECT Consideration of a Resolution authorizing the Release of a Special Assessment Lien against property currently owned by Jo Ann Wade Lambert located at 1801 Eubank Street. ITEM SUMMARY In 1927, the City of Georgetown levied assessments for paving in and around the downtown/Old Town area. An ordinance was recorded in Volume 8, Page 37 of the Mechanics Lien Records of Williamson County, Texas, listing all property owners assessed and a requirement for payment within four (4) years of the assessment. The subject property is in the process of being sold and Georgetown Title Company has requested a release of the assessment lien(s) on behalf of the current owner, Jo Ann Wade Lambert. Due to the fact that the City does not have financial records dating back to 1927, we are unable to determine whether a payment was ever made or what amount, if any, may still be outstanding. Due to the lack of financial records dating back to 1927, in the past, the City Council has approved the release of several of these liens against properties assessed by the same ordinance. Therefore, this request has been processed in the same manner. ATTACHMENTS 1. Resolution 2. Release of Special Assessment Lien Submitted By: Patricia E. Carls, Brown & Carls, LLP City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE RELEASE OF A SPECIAL ASSESSMENT LIEN AGAINST PROPERTY OWNED BY JO ANN WADE LAMBERT LOCATED AT 1801 EUBANK STREET; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request from Georgetown Title Company, on behalf of Jo Ann Wade Lambert, for the release of a special assessment lien against its property located at 1801 Eubank Street; and WHEREAS, by ordinance dated June 13,1927 and filed of record on June 14,1927, at Volume 8, Page 37, Mechanics Lien Records of Williamson County, Texas, an assessment lien in the amount of $170.40 was levied against the following described real property and against the real and true owner of said property at the time of the assessment, J.L. Harris, to be due and payable within four (4) years of said assessment: Lot 8, Block 5, EUBANK ADDITION, City of Georgetown, according to the map or plat thereof recorded in Volume 74, Page 640, Deed Records, Williamson County, Texas (the "Property"); and WHEREAS, the City of Georgetown has no financial records dating back to 1927 and, therefore, no determination can be made as to whether or not the assessment was paid; and WHEREAS, the City Council, after hearing the request and finding the specific facts as stated above, now concludes that the subject property should be released from the special assessment lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution 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 resolution implements Finance Policy End 14.00 of the Century Plan - Policy Plan Element, which states: "All municipal operations are conducted in an efficient Resolution No. Page 1 of 2 business -like manner and sufficient financial resources for both current and future needs are provided"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest this resolution and the City Attorney is hereby directed to release the subject special assessment lien against the above-described Property on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of March, 2006. THE CITY OF GEORGETOWN Gary Nelon, Mayor ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney Resolution No. Page 2 of 2 STATE OF TEXAS § COUNTY OF WILLIAMSON § RELEASE OF SPECIAL ASSESSMENT LIEN CITY OF GEORGETOWN WHEREAS, by ordinance dated June 13,1927, an assessment lien was ordered by the City Council of the City of Georgetown, Texas ("City"), and filed of record on June 14,1927 at Volume 8, Page 37, of the Mechanics Lien Records of Williamson County, Texas; and WHEREAS, the City Council levied an assessment in the sum of $170.40 against the following real property described in said ordinance and against J.L. Harris, the real and true owner of said property at the time of assessment: Lot 8, Block 5, EUBANK ADDITION, City of Georgetown, according to the map or plat thereof recorded in Volume 74, Page 640, Deed Records, Williamson County, Texas (the "Property"); and WHEREAS, Jo Ann Wade Lambert is the current owner of the above-described property, which is encumbered by said lien; and WHEREAS, said assessment lien was due and payable within four (4) years after the date of issuance; and WHEREAS, on March 28, 2006, by Resolution No. the City Council of the City of Georgetown resolved to release said lien, as it is unable to confirm whether or not the lien has been paid, since the City has no financial records dating back to 1927. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the recitals above and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED and by these presents does hereby RELEASE AND DISCHARGE the above described property from any and all liens recorded at Volume 6, Page 421 of the Mechanic's Lien Records of Williamson County Texas. EXECUTED the day of March 28, 2006. CITY OF GEORGETOWN, a Texas home -rule municipal corporation Gary Nelon, Mayor ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carts, LLP City Attorney Release of Special Assessment Lien Page 1 of 2 STATE OF TEXAS COUNTY OF WILLIAMSON The foregoing instrument was acknowledged before me this _ day of March, 2006, by Gary Nelon, Mayor, of the City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas Release of Special Assessment Lien Page 2 of 2 Council Meeting Date: SUBJECT: March 28, 2006 AGENDA ITEM COVER SHEET Item No. V —1 Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Rabbit Hill Pump Station for $167,200.00. ITEM SUMMARY: This contract amendment provides for the necessary design, engineering, construction management, surveying, geotechnical, and regulatory submittals for the installation of an upgraded pumping station at Rabbit Hill to provide a service level improvement for pressure and fire flows in an area currently served by a small pump station designed to provide domestic water service to a small number of residential dwellings. Total cost for services is $167,200.00. SPECIAL CONSIDERATIONS: PJ Tc-, I(. FINANCIAL IMPACT: Funds will come from the Water Capital Fund 661-101-636400. GUS BOARD RECOMMENDATION: Approved 6-0 John Gavurnik absent STAFF RECOMMENDATION: Staff recommends the contract amendment for engineering services by CDM. COMMENTS: ATTACHMENTS: Systems Engineering Memorandum Proposal for engineejr�tg from Ca resser, and /:'.� (') tted By: Glenn Dishong Water Services Manager m st ty Manager for Utilities SYSTEMS ENGINEERING MEMORANDUM TO: GLENN DISHONG, WATER SERVICE MANAGER FROM: THOMAS R. BENZ, SYSTEMS ENGINEERING MANAGER SUBJECT: CDM ADMENMENTS TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE RABIT HILL PUMP STATION DATE: 03/09/2006 CK-�IT, Ifol ffi":in1 FA911M.1;7 01W4CTTbTQn-CiT1 The Rabbit Hill Pump station is currently capable of pumping approximately 120 gpm. Population projections indicate that a pump station capable of pumping over 5,000 gpm will be required for this service area. The project consists of the design of four pump vertical turbine pump station with electrical building and instrumentation improvements including VFD. The pump station will initially be equipped with one 150 gpm pump and three 1850 gpm pumps. Depending on growth in the service area, the proposed project should be able to serve the area for several years or approximately 2000 connections, before needing to be expanded with an elevated storage and pump. As discuss and decided in our meeting with Finance, Michael Hallmark, and Jim Briggs we will engineer this project in this fiscal year and award the construction contract at the start of FY 2006/07. Attached is the CDM Amendment to Agreement for Professional Services for the Rabbit Hill Pump Station. The scope and fee is reasonable and I recommend taking this Amendment to GUS and City Council. Once approved by City Council Systems Engineering will have the Amendment signed and issue a notice to precede CDM. Please let me know if you have any questions. 12357-A Riata Trace Parkway, Suite 210 Austin,Texas 78727 tel: 512346-1100 fax: 512 345-1483 March 1, 2006 Mr. Tom Benz, P.E. City of Georgetown Georgetown Utility Systems 300 Industrial Avenue Georgetown, Texas 78626 Subject: City of Georgetown/ Rabbit Hill Pump Station Amendment to Agreement for Professional Services Dear Mr. Benz: Camp Dresser & McKee Inc. (CDM) is pleased to submit this Amendment to the City of Georgetown to design the new Rabbit Hill Pump Station. The Amendment includes a scope of work and fee for the design of the improvements. Please review this Amendment to determine if its scope of work and costs are acceptable. The proposed scope of services for this design can be completed within the schedule discussed previously. Thank you for the opportunity to perform these services for the City of Georgetown. Please feel free to contact me to at (512) 346-1100 to discuss any questions you may have. Sincerely, 11 Allen D. Woelke, P.E. Vice President Camp Dresser & McKee Inc. ENCLOSURES W \Cay of GaorgetaxnlAmerWmams\Glawn__Arnenomem-southsirb Wfp Pigr�ylU.ox consulting - engineering • construction - operations AMENDMENT TO THE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TO DESIGN IMPROVEMENTS TO THE RABBIT HILL PUMP STATION The General Services Agreement between OWNER and ENGINEER last authorized on November 26, 1991, is hereby amended as follows: The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for the work in this Amendment is to be paid on a lump sum basis. Your signature below will constitute your acceptance of this Amendment. EXECUTED in duplicate original this _ day of 2006 at Georgetown, Texas, where this contract is performable and enforceable. Approved as to form: City Attorney Party of the Second Part: CAMP DRESSER & McKEE 1) t J By: Allen D. Woelke, P.E. Vice President STATE OF TEXAS COUNTY OF TRAVIS Party of the First Part: CITY OF GEORGETOWN, TEXAS Gary Nelon Mayor Attest: Sandra D. Lee City Secretary This instrument was acknowledged before me on this the day of N62006, by Mr. Allen D. Woelke in his capacity as Vice President of Camp Dresser & McKee hic. Printed name: i? FyWei— /3 Commission Expires: & - 10 - oS KAREN ' TAKER Notary Public, StLts d T*xas My COR1mUS10n Expires Page 1 of 1 11 �: ��' 20a✓! WACity of GewgetownAmendmenm\Gtown Amendment -Rabbit Hill PS.dae EXHIBIT 1 SCOPE OF WORK Project Need: The Rabbit Hill Pump Station is currently capable of pumping approximately 120 gpm. Population projections indicate that a pump station capable of pumping over 5,000 gpm will be required for this service area As the Rabbit Hill Pump Station service area, near IH -35 and Westinghouse Road, grows the pump station needs to be expanded to serve the water needs in the service area. Project Description: The project consists of the design of a four pump vertical turbine pump station with electrical building and electrical and instrumentation improvements including one VFD. The pump station will initially be equipped with one 150 gpm pump and three, 1850 gpm pumps. Preliminary Engineering Phase. This phase involves determination of project scope and economic and technical evaluation of feasible alternatives. Services during this phase include: 1) Reviewing available data and consulting with the OWNER to clarify and define the OWNERts requirements for the project. 2) Advising the OWNER as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechnical investigations and consultations, compilation of hydrological data, traffic studies, materials engineering, assembly of zoning, deed, and other restrictive land use information, and environmental assessments and impact statements. The project budget includes the following special services: a) Topographic Surveying b) Geotechnical Analysis C) Construction Materials Testing d) WPAP Application Preparation and TCEQ Fee 3) Identifying and analyzing requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 4) Providing analyses of the OWNERts needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5) Consulting with the OWNER, reviewing preliminary reports, clarifying and defining the project requirements, reviewing available data, and discussing general scheduling. Conferences may also be required with approving and regulatory governmental agencies and affected utilities. Page 1 of 3 WACity of Georgetowm\Ammdrnmts\Gto" Amendment -Rabbit Hill PS.dm 6) Advising the OWNER as to whether additional data or services are required, and assisting the OWNER in obtaining such data and services. 7) Preparing preliminary design documents consisting of final design criteria, preliminary drawings, outline of specifications, and written descriptions of the project. A maximum of five copies will be provided to the OWNER. 8) Preparing revised opinions of probable total project costs. Final Design Phase. This phase of project development is undertaken only after the OWNER has approved the preliminary engineering phase material. The basic services for the final design phase includes: 1) Preparing construction drawings and specifications showing the character and extent of the project based on the accepted preliminary engineering documents. 2) Preparing and furnishing to the OWNER a revised opinion of probable total project costs based on the final drawings and specifications. 3) Furnishing the necessary engineering data required to apply for regulatory permits from local, state, or federal authorities. This is distinguished from and does not include detailed applications and supporting documents for government grant-in-aid or planning grants that would be fiunished as additional services. 4) Preparing basic documents related to construction contracts for review and approval by the OWNER (and the OWNER's legal and other advisors). These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract -related documents. 5) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other contract documents. Bidding Phase. Services under this phase include: 1) Assisting the OWNER in advertising for and obtaining bids for each separate prime construction contract, maintaining a record of prospective bidders to whom bidding documents have been issued, attending pre-bid conferences, and receiving and processing deposits for bidding documents. 2) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents. 3) Assisting the OWNER in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. 4) When substitution prior to the award of contracts is allowed by the bidding documents, Page 2 of 3 W aty ofGeorgetownV endmenU\Gto"-Amendment-Rabbit Hal PS.da consultation with and advising the OWNER as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 5) Attending the bid openings, preparing bid tabulation sheets, and providing assistance to the OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. Construction Phase. Services under this phase involve consulting with and advising the OWNER during construction and are limited to those services associated with performing as the OWNERts representative. Such services comprise: 1) Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed on behalf of the OWNER. 2) Reviewing shop and erection drawings submitted by the constructors for compliance with design concepts. 3) Reviewing laboratory, shop, and mill test reports on materials and equipment. 4) Visiting the project site monthly as construction proceeds to observe and report on the progress and the quality of the executed work. 5) Issuing necessary interpretations and clarifications of contract documents, preparing change orders requiring special inspections and testing of the work, and making recommendations as to the acceptability of the work. 6) Preparing sketches required to resolve problems due to actual field conditions encountered 7) Determining amounts of progress payments due, based on degree of completion of the work, and recommending issuance of such payments by the OWNER. 8) Preparing record drawings from information submitted by the CONTRACTOR. 9) Making a final inspection and reporting on completion of the project, including recommendations concerning final payments to constructors and release of retained percentages. Page 3 of 3 WACity of Georgetown\AmendmenB\Grown Amendment -Rabbit HJI PS.doc CITY OF GEORGETOWN PROFESSIONAL SERVICES TO DESIGN IMPROVEMENTS TO THE RABBIT HILL PUMP STATION ■ Preliminary Engineering Phase: $17,710 ■ Design Phase: $70,840 ■ Bid Phase: $7,500 ■ General Services During Construction Phase: $35,650 ■ Other Direct Costs, including: $6,000 Travel Telephone Copying/bluelines Postagelfacsimile Total Basic Engineering Services Surveying $8,000 Geotechnical $3,000 Construction Materials Testing $4,000 WPAP Preparation $6,500 WPAP Fee $5,000 Geologic Assessment 11im Total Special Services TOTAL $137,700 $29,500 $167,200 Page 1 of 1 W 9City of Cmrgetoan Amendments Gtown_ Amendment -Rabbit Hill PS.doc Council Meeting Date: March 26, 2006 AGENDA ITEM COVER SHEET SUBJECT: Item No. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Southside Water Treatment Plant Upgrade for $18,600.00. ITEM SUMMARY: This contract amendment provides for the necessary design, engineering, and construction management for the replacement of the existing PVC backwash and feedwater piping with stainless steel. The replacement of the piping with stainless steel will enhance plant reliability and address recurring maintenance problems encountered with the PVC piping. Total cost for services is $18,600.00. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Funds will come from the Water Capital Fund 661-101-6369-01. GUS BOARD RECOMMENDATION N/i-. STAFF RECOMMENDATION: Staff recommends the contract amendment for engineering services by CDM. COMMENTS: ATTACHMENTS: Systems Engineering Memorandum Proposal for engineFy ig from C- inp, Dresser, and tted By: Water Services Manager , wa8'1staWQity Manager for Utilities SYSTEMS ENGINEERING MEMORANDUM TO: GLENN DISHONG, WATER SERVICE MANAGER FROM: THOMAS R. BENZ, SYSTEMS ENGINEERING MANAGER SUBJECT: CDM ADMENMENTS TO AGREEMENT FOR PROFESSIONAL SERVICES DATE: 03/08/2006 - CC: MICHAEL HALLMA CIP CORDINATOR Attached is the CDM Amendment to Agreement for Professional Services for the Southside Water Treatment Plant. The original scope of work was to design the replacement of plastic piping with stainless steel piping, install a new stand pipe for the backwash and the relocation of the control panels, and the new revise scope will be the design of replacement plastic piping with 12 -inch stainless steel for the backwash supply piping and feed water piping. The new scope and fee is reasonable and I recommend taking this Amendment to City Council. Once approved by City Council Systems Engineering will have the Amendment signed and issue a notice to precede CDM. 12357-A Biata Trace Parkway, Suite 210 Austin,Texas 78727 tel: 512 346-1100 fax: 512 345-1483 March 1, 2006 Mr. Tom Benz, P.E. City of Georgetown Georgetown Utility Systems 300 Industrial Avenue Georgetown, Texas 78626 Subject: City of Georgetown/Southside Water Treatment Plant Piping Amendment to Agreement for Professional Services F-ISi�ii'Wo.�S'S, Camp Dresser & McKee Inc. (CDM) is pleased to submit this revised Amendment to the City of Georgetown to design piping improvements at the Southside Water Treatment Plant. The Amendment includes a scope of work and fee for the design of the improvements. Please review this Amendment to determine if its scope of work and costs are acceptable. The proposed scope of services for this design can be completed within the schedule discussed previously. Thank you for the opportunity to perform these services for the City of Georgetown. Please feel free to contact me to at (512) 346-1100 to discuss any questions you may have. Sincerely, Allen D. Woelke, P.E. Vice President Camp Dresser & McKee Inc. ENCLOSURES W 1Gdy of Gem tow AmeMmentslGtown_Amendment-Soumsi4e WfP Pipng_ttf c consulting • engineering • construction • operations AMENDMENT TO THE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TO DESIGN IMPROVEMENTS TO THE SOUTHSIDE WATER TREATMENT PLANT PIPING The General Services Agreement between OWNER and ENGINEER last authorized on November 26, 1991, is hereby amended as follows: The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for the work in this Amendment is to be paid on a lump sum basis. Your signature below will constitute your acceptance of this Amendment. EXECUTED in duplicate original this _ day of 2006 at Georgetown, Texas, where this contract is performable and enforceable. Approved as to form: Party of the First Part: C]TY OF GEORGETOWN, TEXAS City Attorney Party of the Second Part: CAMP DRESSER & McKEE INO.) iuc-4" / By: Allen 6. Woelke, P.E. Vice President STATE OF TEXAS COUNTY OF TRAVIS Gary Nelon Mayor Attest: Sandra D. Lee City Secretary This instrument was acknowledged before me on this the Of- day of (q 4th 2006, by Mr. Allen Zoelke in his capacity as Vice President of Camp Dresser & McKee Inc. 11 Printed name: IL4 ✓�h t<%([ �t� t' Ba �t� Notary Putli5ltate of Texas Commission Expires: 9—/0-013 KAREN HUTZLER BAKER Pae 1 of 1 p NOLry Public, Snta of Texas g My CorrNssion Expires WACiry of Cx getownVvnmdments\Gtoxm AmendmcnFSouthside W7P Piping.dm i rain � August 10, 2008 EXHIBIT 1 SCOPE OF WORK Project Need: The Southside Water Treatment Plant provides 3.25 MGD of treated groundwater from the Edwards Aquifer. Pipe breaks and normal wear and tear on the plastic pipe results in the plant being taken offline with resulting loss of treatment capacity. This project will replace the plastic pipe that has experienced the most wear and breaks with stainless steel pipe. Project Description: The project consists of the design of replacement 12 -inch stainless steel backwash supply piping and feed water piping. Final Design Phase. The basic services for the final design phase includes: 1) Preparing construction drawings and specifications showing the character and extent of the project based on the accepted preliminary engineering documents. 2) Preparing and famishing to the OWNER a revised opinion of probable total project costs based on the final drawings and specifications. 3) Furnishing the necessary engineering data required to apply for regulatory permits from local, state, or federal authorities. This is distinguished from and does not include detailed applications and supporting documents for government grant-in-aid or planning grants that would be furnished as additional services. 4) Preparing basic documents related to construction contracts for review and approval by the OWNER (and the OWNERts legal and other advisors). These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract -related documents. 5) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other contract documents. Bidding Phase. Services under this phase include: 1) Assisting the OWNER in advertising for and obtaining bids for each separate prime construction contract, maintaining a record of prospective bidders to whom bidding documents have been issued, attending pre-bid conferences, and receiving and processing deposits for bidding documents. 2) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents. 3) Assisting the OWNER in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. Page 1 of 2 W:%City ofGemgetow \Am dments\Gtoun Amendment -Southside WrP Pipingdm Council Meeting Date: March 28, 2006 AGENDA ITEM COVER SHEET Item No. y J SUBJECT: Consideration and possible action to award a contract for the construction of the Wolf Ranch Parkway project to Chasco Contracting of Round Rock, Texas for the low base bid, plus alternate bid, for a total of $2,048,699.00 and to approve a project contingency construction expense budget of $2,150,000.00. ITEM SUMMARY: Wolf Ranch Parkway project will complete the much needed connector roadway between Highway 29 and Rivery Boulevard. Construction is scheduled to begin on June 1, 2006 and to be substantially complete by Dec 1, 2006. Bids were received on Tuesday, February 26, 2006 for the construction of a portion of Wolf Ranch Parkway. Chasco Contracting turned in the low base bid and an add alternate bid, totaling $2,048,699.00. Chasco has performed other CIP projects for Georgetown in the past with excellent results. To insure completion of the project in a timely manner, a project contingency construction expense budget of $2,150,000.00 is being requested for additional work performed within the scope of the project and at the unit prices bid. Project change orders in excess of $25,000.00 will be returned for City Council approval within the allocated contingency expense budget. Staff within the approved project expense budget as necessary to complete the project will authorize Field changes; those items contained within the original scope and bid process of the project. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: $2,150,000.00 from account #400-101-6023-00 GTfL VJUS BOARD RECOMMENDATION: Approved 6-0 John Kirby absent. STAFF RECOMMENDATION: Staff recommends approval. COMMENTS: None. ATTACHMENTS: 1. Bid Tab Engineer's letter of recommendation tted By: Mark Miller, Transportation Services Manager J for Utilit ty Manager Council Meeting Date: March 28, 2006 AGENDA ITEM COVER SHEET Item No. y/!! SUBTECT: First 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 Cc Submitted By: • Plan Glenn W. Dishong, Water Services Mai For 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: Ua 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 minimize 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. F. 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. I. 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 I,% 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. l 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 II 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 swimming 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 customers 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. I observation well drops to, or stabilizes below 633 feet (110 feet below the surface) for a period of more than five (5) consecutive days. 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 I A, 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