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HomeMy WebLinkAboutAgenda CC 06.08.2004 WorkshopNotice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, June 8, 2004 The Georgetown City Council will meet on Tuesday, June 8, 2004 at 05:00:00 PM at the City Council Chambers, 101 E. 7th Street, 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. Policy Development/Review Workshop - Call to order at 05:00 PM A Bond Election Training for Citizen Bond Committee, City Council, Library Board, Economic Development Commission and Parks and Recreation Board — Carol Palumbo, Bond Counsel Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. B Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Negotiations with LCRA on Power Agreement - Legal Advice Regarding Agenda Items and other Matters - Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands" C Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective downtown development projects D Sec.551.086 competitive matters - Presentation and possible action to approve the 2004/2005 Electric Capital Improvement Projects Plan — Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 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.) E Call to Order F Pledge of Allegiance G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon H Announcements and Comments from City Manager City Council Agenda/June 8, 2004 Page 1 of 4 Pages Council Meeting Date: July 13,2004 AGENDA ITEM COVER SHEET Item No SUBJECT: Council consideration and approval for purchase of Electric System Mapping Software from Utility Sciences Corporation, an Autodesk OEM Partner ITEM SUMMARY: GUS Electric and GUS Systems Engineering was notified in 2003 that our current Electric Mapping platform, Autodesk GenMap, would be discontinued on December 31,2003, and that all product support would also cease on that date. Removal of this product from the market also negatively impacted our Consulting Electrical Engineers, McCord Engineering, as well as College Station Utilities. In working with both entities, staff identified an Autodesk OEM Partner that has software available that will seamlessly integrate into our Autocad Mapping System, thus allowing GUS to keep our existing platform, Autodesk 2005 3-D system integrated with electric, water, wastewater and transportation within one database. SPECIAL CONSIDERATIONS: This software was demonstrated by GUS Electric and Systems Engineering during the spring of 2004, and is also what has been chosen by College Station Utilities and McCord Engineering as a replacement for the Gentry Software. FINANCIAL IMPACT: Funds not to exceed $32,950 are to be paid from the electric CIP mapping account. COMMENTS Autocad Map is proprietary software and only approved Autodesk OEM Partners software will integrate with this system. Utility Sciences Corporation are an approved Autodesk OEM Partner. ATTACHMENTS: Quote from Utility Sciences Corporation ': eta rea t.. 1:. -1 Page t L da Item: Electric Mapping are cil Date: July 13,2004 Prepared by: Michael Mayben Date: July 1, 2004 Agenda Item Check List - Financial Impact 1. Was it budgeted? 2. Is it within the approved budgeted amount? Yes, Mapping software replacement. GUS Notified Autodesk Genmap would not be supported after Dec. 2003 I 3. If not, where is the money coming from? N/A 4. Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. No 5. Will this have an impact on the next year's budget? 6. Does this project have future revenue impact? If so, how? WA Year: N/A Department: N/A 7. Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc). Annual License and Support will be $4,000 but also includes on line support and free upgrades. Our current Autodesk Genmap is $1,650 for license, no upgrades and no free product support. 8. Estimated staff hours: None. Utility Sciences does all data migration as a package price. 9. Cross -divisional Impact: N/A Finance ❑ Review r Council Meeting Date: June 22, 2004 Item No.L AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve an amendment to the Municipal Wastewater Treatment Plant Operations, Maintenance, and Management Services Contract between the City of Georgetown and the Brazos River Authority (BRA) for wastewater pumping services for Cimarron Hills Wastewater Treatment Plant through the end of Fiscal Year 2004 for $24,000.00. ITEM SUMNARY: The BRA WWTP Operations contract provides for the City to directly pay for ^Pump and Haul" treatment for the Cimarron Hills Wastewater Treatment Plant. The Council had previously approved the purchase of CAPTEX pumping services to allow us to evaluate other operational strategies. The BRA conducted an evaluation of potential operations strategies and determined that the continuation of "Pump and Haul" treatment was the most cost efficient operational method. The BRA uses CAP-TEX, the most economical hauler, for its hauling needs at the Wastewater Treatment Plants. The item provides for the necessary contract amendment for the BRA to directly pay for these services at an estimated cost of $24,000.00. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funds in the amount of $24,000.00 are currently available and will be paid from the Wastewater Plant Operations budget. GUS BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends amending the contract to allow BRA to coordinate pumping services at Cimarron Hills Wastewater Treatment Plant. ATTACH34ENT8 : Amendment #1 to the BRA Contract. r tted By: Jim Briggs, Glenn Dishong Assistant City Manager, Water Services Utility Operations Agenda Item: BRA Contract Amendment Prepared by: Glenn Dishong Council Date: July 13, 2004 Date: June 10, 2004 Agenda Item Check List - Financial Impact 1. Was it budgeted? No. Plant flows and resultant pumping costs are higher than anticipated. 2. Is it within the approved budgeted amount? No. 3. If not, where is the money coming from? Wastewater Fund Plant and Maintenance savings. 4. Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. No. 5. Will this have an impact on the next year's budget? No. Plant should begin operations for next year's budget. 6. Does this project have future revenue impact? If so, how? Year: N/A Department: N/A 7. Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc). Impact limited to current fiscal year. Use of pumping service for partial CHWWTP hauling allows for utilization of Vac -Truck and current staff for line maintenance, lift station maintenance, excavation, and emergencies. 8. Estimated staff hours: N/A 9. Cross -divisional impact. N/A Finance F-1Review I 7 AMENDMENT NUMBER ONE to AGREEMENT for MUNICIPAL WATER TREATMENT PLANT OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES for the CITY OF GEORGETOWN, TEXAS THIS AGREEMENT is made to be effective on the day of 2004, between the City of Georgetown, Texas (hereinafter "City"), a Texas home rule municipality, the Brazos River Authority, (hereinafter "BRA'), a river authority of the state of Texas. City and BRA are collectively referred to herein as "the Parties." WHEREAS, City is the owner of a municipal wastewater treatment system that presently consists of five wastewater treatment plants and the associated appurtenances; and WHEREAS, City selected BRA to operate, manage, maintain and repair City's municipal wastewater treatment system; and WHEREAS, this Agreement is an amendment of a prior Agreement between BRA and City for the operations, management, maintenance and repair of City's wastewater treatment facilities, titled "Agreement for Municipal Water Treatment Plant Operations, Maintenance and Management Services for the City of Georgetown, Texas", with an effective date of October 31, 2003, (hereinafter "Original Agreement'); and WHEREAS, Section 3.8 of the Original Agreement provides that City shall, "Pay directly for or conduct sludge transport from the Cimarron Hills and Berry Creek Plants to the San Gabriel or Dove Springs plant for normal sludge wasting operations, including, the cost of `Pump and Haul' treatment for the Cimarron Hills Plant'; and WHEREAS, City has requested that BRA pay for "Pump and Haul" treatment for the Cimarron Hills Plant and has agreed to reimburse BRA for the actual costs to BRA as a result of providing this service to the City; and NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows: I I c 1. GENERAL: 1.1 This Agreement is an amendment of a prior Agreement between BRA and City for the operations, management, maintenance and repair of City's wastewater treatment facilities, titled "Agreement for Municipal Water Treatment Plant Operations, Maintenance and Management Services for the City of Georgetown, Texas", with an effective date of October 31, 2003, (hereinafter "Original Agreement'). 1.2 Throughout this Agreement, the words and phrases contained in this Agreement shall have the same meanings as set forth in the Original Agreement, unless a different definition is set forth herein. 2. AMENDMENT FOR PUMP AND HAUL SERVICES: 2.1 Section 3.8 of the Original Agreement is hereby deleted. 2.2 Section 2.15 of the Original Agreement is hereby revised to read as follows: Throughout the term of this Agreement, BRA shall: 2.15 Provide for the disposal of sludge to approved disposal sites. Should the disposal costs for sludge increase to an amount in excess of the amount indicated on Exhibit F, City and BRA agree to meet and negotiate an increase in the Volumetric Fee for such sludge disposal services. City agrees that it is the Generator of all sludge, biosolids or other material produced at the Project. In addition, BRA or a City -approved subcontractor shall conduct sludge transport from the Cimarron Hills and Berry Creek Plants to the San Gabriel, Dove Springs, or Pecan Branch Plants for normal sludge wasting or "Pump and Haul" operations. BRA shall separately invoice the City for the actual costs of such sludge transport services and the City shall pay such invoices within thirty (30) days of receipt. At City's option, for sludge transport services occurring between the dates of May 26, 2004, and the effective date of this Amendment, City may forward unpaid invoices for those services to BRA, and BRA shall pay the invoices and invoice the City for those services, in the manner set forth above. 2 I Both parties indicate their approval of this Amendment to the Agreement by their signatures below, to be effective on the day of 12004. Authorized signature: Authorized signature: BRAZOS RIVER CITY OF GEORGETOWN, TEXAS AUTHORITY Name: Phillip J. Ford Name: Gary Nelon Title: General Manager / CEO Title: Mayor Date: Attest: City of Georgetown, Texas 78626 Name: Sandra Lee Name: Patricia E. Carls, Brown & Carls, LLP Title: City Secretary Title: City Attorney STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 2004, by Gary Nelon, a person known to me in his capacity as Mayor of the City of Georgetown, on behalf of the City of Georgetown. Notary Public in and for the State of Texas STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF McLENNAN This instrument was acknowledged before me on this the day of , 2004, by Phillip J. Ford, a person known to me in his capacity as General Manager / CEO of the Brazos River Authority. Notary Public in and for the State of Texas 3 Council Meeting Date: July 13, 2004 Item No. AGENDA ITEM COVER SHEET SMJBCT: Consideration and possible action to amend the General Services Agreement between the City of Georgetown and Roming, Parker, and Kasberg (RPK) for engineering services related to the design of the North Austin Avenue Water Line Improvements for $22,000.00. ITEM SUMKARY: The North Austin Avenue Water Line Improvement project has been initiated to fulfil the City's obligation to provide water service to the area between Austin Avenue and old Airport Road. The area was annexed in 1987. Since that time, water service has been available to all properties except a few businesses along Austin Avenue because the water line is located on the east side of Austin Avenue or on Old Airport Road. This project will provide water service at the property boundary for the remaining businesses on the west side of North Austin Avenue and it will also provide for the upgrade of the existing 2" water mains to 8" water mains. The extension of water service to one of these properties also fulfills a commitment to provide water service as a result of a temporary construction easement granted in 1998 for the construction of a wastewater line. GUS BOARD RECOMM=ATION: N/A - below threshold for GUS review. STAFF RECONNBNDATION: Staff recommends approval of the contract amendment with RPK. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funds are available COMMENTS: None in the Water Capital Fund. ATTACHMENTS : RPK Proposal for North Austin Avenue Submitted By: Jim Briggs, e . Dishong Assistant City Manager Water Services Manager For Utilities Agenda Item: N Austin Ave Water Line Prepared by: Glenn Dishong (ENG) Council Date: July 13, 2004 Date: June 21, 2004 Agenda Item Check List - Financial Impact 1. Was it budgeted? Yes. Part of Water Line Upgrades for 2003-2004 2. Is it within the approved budgeted amount? 3. If not, where is the money coming from? N/A 4. Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. No. 5. Will this have an impact on the next year's budget? 6. Does this project have future revenue impact? If so, how? Year: N/A Department: N/A 7. Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc). N/A 8. Estimated staff hours: N/A 9. Cross -divisional impact: N/A Finance Review AMENDMENT DATED JUNE 8, 2004 TO THE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND ROMING, PARKER & KASBERG, L.L.P. FOR PROFESSIONAL SERVICES FOR A PRELIMINARY ENGINEERING REPORT ON NORTH AUSTIN AVENUE WATER IMPROVEMENTS The General Services Agreement between the CITY OF GEORGETOWN (City) and Roming, Parker & Kasberg, L.L.P., (Engineer) last authorized on March 14, 1995, is hereby amended as follows: The scope and cost of the anticipated services are set forth in the attached Exhibit A. The charges for the work in Amendment Dated June 8, 2004 are to be paid on a lump sum basis unless additional work due to change in scope is authorized. Your signatures below will constitute your acceptance of Amendment Dated June 8, 2004. Executed in duplicate original this day of 2004 at Georgetown, Texas, where this contract is performable and enforceable. Approved as to form: Party of the First Part: CITY OF GEORGETOWN, TEXAS Patricia E. Carls City Attorney Gary Nelon Mayor Attest: Sandra D. Lee Party of the Second Part: City Secretary ROMING, PARKER && KASBERG, L.L.P. eer�� By: R. David Patrick, P.E. �— Principal Engineer STATE OF TEXAS COUNTY OF BELL This instrument as acknowledged before me on this the 00't6 day of 0-L&n& 2004. -rn Printed name: cDDR IS ^ . W A LTERS Notary Publicm wt,t ,y DORIS M. WAITERS omission Expires: )2-2-7-06 �;.�..Y.;.z S s . Notary Pribic, State of Texas eye: +�i= My Commissbn Expires +1h;% December 27, 2005 Exhibit A (Updated June 8, 2004) This updated Exhibit A to the original General Services Agreement between the City of Georgetown and Roming, Parker & Kasberg, L.L.P., dated March 14, 1995, provides for the scope of preliminary engineering services required for developing a Preliminary Engineering Report on North Austin Avenue Water Improvements. The attached letter details the services and associated charges for the proposed work. ` ROMING, PARKER & KASBERG, L.L.P. CONSULTING ENGINEERS One South Main Temple, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mail®rpkengineers.com WM. MACK PARKER, P.E. RICK N. KASBERG, P.E. R. DAVID PATRICK, P.E. I11M.0--10011 Mr. Jim Briggs Assistant City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 W. CLAY ROMING, P.E. Partner Emeritus Re: City of Georgetown Proposal for a Preliminary Engineering Report on North Austin Avenue Water Improvements, Georgetown, Texas Dear Mr. Briggs: This letter proposal is in response to your request for preliminary engineering services required to provide a Preliminary Engineering Report for: North Austin Avenue Water Improvements The charges for this work are shown on Attachment "A" of this letter. We have priced the work according to the facts that we know about the project as of this date. Lump Sum charges are shown and will not change unless the scope of work is expanded, at which time we will meet with you and plan accordingly. The following are tasks that we have included in the work schedule: PRELIMINARY ENGINEERING PHASE. This phase involves determination of project scope and economic and technical evaluation of feasible alternatives. Services during this phase include: 1. Obtaining and reviewing available data and consulting with the City to clarify and define the CITY's requirements for the project. 2. Advising the CITY as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, 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. Mr. Jim Briggs June 8, 2004 Page Two 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 CITY's needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5. Providing a general economic analysis of the CITY's requirements applicable to various alternatives. 6. Consulting with the CITY, 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. 7. Advising the CITY as to whether additional data or services are required, and assisting the CITY in obtaining such data and services. 8. Analysis of existing water users including service locations and connections 9. Analysis of existing wastewater facilities and the effect on the project. 10. Development of alternatives to provide municipal water service to the area and opinions of probable cost for each senario. 11. Production of a final report illustrating the findings of the study. Ten (10) copies of the final report will be provided to the City of Georgetown. If this proposal is agreeable, please return one executed original to our office. Sincerely, R. David Patrick, P.E. RDP/crc ATTACHMENT A SUMMARY OF CHARGES FOR SERVICES 2003 — 2004 CAPITAL IMPROVEMENTS PROJECT FOR A PRELIMINARY ENGINEERING REPORT ON NORTH AUSTIN AVENUE WATER IMPROVEMENTS GEORGETOWN, TEXAS TASK Preliminary Engineering Report on North Austin Avenue Water I. BASIC SERVICES A. Investigation of existing business water $ 4,000.00 and wastewater services B. Investigation of existing utilities $ 2,500.00 C. Conceptual design alternatives $ 9,000.00 D. Opinion of probable costs for $ 2,500.00 alternatives E. Development of Preliminary $ 4,000.00 Engineering Report $ 22,000.00 If Council Meeting Date: July 13, 2004, AGENDA ITEM COVER SHEET Item No. SUBJECT: Consideration and possible action to approve an amendment to the City's Wholesale Power Agreement with the Lower Colorado River Authority (LCRA). ITEM SUMMARY: The City has an exclusive contract with the LORA, dating back to 1974, to buy wholesale power from the LCRA. Each year, this contract requires us to update data on our electrical consumption and projected load. The LCRA uses this information for their Five Year Plan. These figures are based upon our levels of prior use of electricity and anticipated future consumption. We anticipate aggressive growth in electric consumption this year, due to the rapid rate of development in the service area. Therefore, staff recommends amending the contract to compensate for that growth. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: No direct impact COMMENTS: NONE ATTACHMENTS: 1. Exhibit `A' from LCRA 'r y � WN9,PizOMWMy VKi June 18, 2004 Mr. Jim Briggs Assistant City Manager/Utility Operations Georgetown Utility Systems P.O. Box 409 Georgetown, Texas 78627 Dear Jim: Enclosed for your approval are two copies of the Exhibit A in accordance with the Wholesale Power Agreement covering your power and energy requirements. The Exhibit A has been prepared using the load projections that you recently provided to LCRA for the years 2004 through 2010. As you may already know, these load projections are a key element for identifying transmission and / or transformation system improvements to meet adequacy and reliability requirements of the electric system. These system improvements will be identified this coming winter in the five-year Transmission System Improvements Plan (TSIP). Upon your review and concurrence, an authorized official from your utility should your council or board authorizing the execution of this docuapprove and sign the two Exhibit A copies. Please attach a copy of the resolutment. After executiionon by from LCRA, a fully executed copy will be returned to you for you r records. Please return all documents to the attention of Ron Krautz, Engineering Supervisor, System Planning, mail stop BTC -201 at the address shown below. Please contact me at (800) 776-5272, extension 4090 if you have any questions or need any additional information. Deputy General Manager Energy Services P.O. BOX 220 • AUSTIN, TEXAS • 78767-0220 • (512) 473-3200 • 1-800.776-5272 • WWW.LCRA.ORG Effective: June 1, 2004 Revised Sheet No. 1 of 4 EXHIBIT A OF WHOLESALE POWER AGREEMENT DATE JUNE 25, 1974 ` Revisions of Sheet 1 and Total Maximum Demand Stated in Paragraph 1 of Sheet 2 POINTS OF DELIVERY CITY OF GEORGETOWN Distributor ATTEST: Bvmoar Totals: 103665 119960 129237 141487 153685 Winter Totals: 77651 88686 96364 106107 115732 h 1, Page 2 of Exhibit A LOWER COLORADO RIVER AUTHORITY CITY OF GEORGETOWN BY: ATTEST: BY: General Manager DATE: I DATE: Page 1 of I Contract Load (KW, NCP) Year Estimated Contract Load Ending (KW, NCP) Years Ending June 25 No. Location Phase Season 6/25/2005 2006 2007 2008 2009 1 CHIEF BRADY 3 Summer 18387 20477 18882 20044 21277 Winter 12256 13649 12585 13360 14182 2 GABRIEL 3 Summer 28412 37226 39003 41403 40069 Winter 24010 30719 32199 34155 33316 3 GEORGETOWN EAST 3 Sumner 0 0 0 0 3880 Winter 0 0 0 0 2910 4 GEORGETOWN SOUTH 3 Summer 0 0 3083 7100 11100 Winter 0 0 2775 6390 9990 5 GEORGETOWN 3 Summer 29724 26502 28655 30418 32289 Winter 22476 19426 20929 22201 23550 6 GLASSCOCK 3 Summer 14342 14955 15814 16722 17683 Winter 6354 6625 7006 7408 7834 7 RIVERY 3 Summer 12800 20800 23800 25800 27387 Winter 12555 18267 20870 22593 23950 ATTEST: Bvmoar Totals: 103665 119960 129237 141487 153685 Winter Totals: 77651 88686 96364 106107 115732 h 1, Page 2 of Exhibit A LOWER COLORADO RIVER AUTHORITY CITY OF GEORGETOWN BY: ATTEST: BY: General Manager DATE: I DATE: Page 1 of I Effective: June 1, 2004 Revised Sheet No. 1 of 4 EXHIBIT A OF WHOLESALE POWER AGREEMENT DATE NNE 25, 1974 Revisions of Sheet 1 and Total Maximum Demand Stated in Paragraph 1 of Sheet 2 POINTS OF DELIVERY CITY OF GEORGETOWN Distributor Summer Totals: 103665 119960 129237 141487 153685 Winter Totals: 77651 88686 96364 106107 115732 Paragraph 1 Page 2 of Exhibit A LOWER COLORADO RIVER AUTHORITY CITY OF GEORGETOWN ATTEST: BY: ATTEST: BY: General Manager DATE: DATE: Page 1 of 1 Contract Load (EW, NCP) Year Estimated Contract Load Ending (EW, NCP) Years Ending June 25 No. Location Phase Season 6/25/2005 2006 2007 2008 2009 3 Summer 18387 20477 18882 20044 21277 1 CHIEF BRADY Winter 12256 13649 12585 13360 14182 3 Summer 28412 37226 39003 41403 40069 2 GABRIEL Winter 24010 30719 32199 34155 33316 3 GEORGETOWN EAST 3 Summer 0 0 0 0 0 3880 2910 Winter 0 0 0 4 GEORGETOWN SOUTH 3 Summer 0 0 3083 7100 11100 Winter 0 0 2775 6390 9990 3 Summer 29724 26502 28655 30418 32289 5 GEORGETOWN Winter 22476 19426 20929 22201 23550 3 Summer 14342 14955 15814 16722 17683 6 GLASSCOCE Winter 6354 6625 7006 7408 7834 3 summer 12800 20800 23800 25800 27387 7 RIVERY Winter 12555 18267 20870 22593 23950 Summer Totals: 103665 119960 129237 141487 153685 Winter Totals: 77651 88686 96364 106107 115732 Paragraph 1 Page 2 of Exhibit A LOWER COLORADO RIVER AUTHORITY CITY OF GEORGETOWN ATTEST: BY: ATTEST: BY: General Manager DATE: DATE: Page 1 of 1 /i Council Meeting Date: July 13, 2004 Item No. AGENDA ITEM COVER SHEET SUBJECTS Consideration and possible action to enter into an agreement for offsite utility construction cost sharing between the City and Cottonwood Creek Development, LLC at a total cost of $463,440.00. ITEM SUXbQRY: Cottonwood Creek Development, LLC is the developer for Pinnacle 6� Georgetown. The development is 468 -unit subdivision that received preliminary plat approval on August 28, 2003. The developer will need to construct offsite water and wastewater improvements to provide service to the development. The Line Extension Policy (Section 13.09.030 of the UDC) requires that developers install water and wastewater lines that meet the current master plans for each utility. The policy also provides for potential cost participation by the City if the lines are larger than that which would be needed to serve the development alone (oversized). The City and the developer have negotiated the terms of a cost participation agreement that would require that: 1) The Developer builds the oversized infrastructure. 2) The City will reimburse the developer for oversized lines that are included in its current 5 -year CIP with payment to occur at the time the project was planned in 05/06 and 06/07. 3) The City will provide impact fee credit for infrastructure that is included in its 10 -year CIP. The total cost of off-site improvements is estimated to be $1,493,077.00 with the City reimbursing a total of $463,440.00 in Fiscal Years 05/06 and 06/07 with potential impact fee offsets of $16 per service unit (water and wastewater combinted). SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funding from the water and wastewater capital funds in FY 05/06 and 06/07. GUS BOARD RECOMMENDATION: GUS Board recommendation - Approved 6-0 with the requirement to change the cost allocation methodology from capacity to incremental; Gavurnik absent STAFF RECOMMENDATION= Staff recommends approving the contract between the City and Cottonwood Creek Development, LLC for the cost sharing of offsite utility construction for "The Pinnacle". COMMENTS: NONE ATTACHMENTS: 1) Offsite Utility Construction Cost Sharing Contract. 2) Line Extension Ordinance. 3) 2003/2004 5 -year CIP. 4) Impact Fee Project Listing. Submitted By. Jim Briggs, Glenn Dishong, Assistant City Manager Water Services Manager for Utilities 1 STATE OF TEXAS § OFFSITE UTILITY CONSTRUCTION § COST SHARING AGREEMENT COUNTY OF WILLIAMSON § FOR PINNACLE AT GEORGETOWN 1. The parties to this Offsite Utility Construction Cost Sharing Agreement for Pinnacle at Georgetown (the "Agreement") are the CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation (the "City"); and Cottonwood Creek Development, LLC, a Texas Limited Liability Corporation ("Developer"). Recitals 2. WHEREAS, the Developer is the owner of the property consisting of approximately 100 acres (+/-) for which the City Council approved a Preliminary Plat for the project to be known as The Pinnacle at Georgetown (the "Property") on August 28, 2004, a copy of which preliminary plat is attached hereto as Exhibit "C", and 3. WHEREAS, the City's Unified Development Code ("Code") requires that the Developer extend water and wastewater lines that satisfy the current Water and Wastewater Master Plan and the needs for the Property at Developer's expense; and 4. WHEREAS, Section 13.09.030(C )(1) of the Code also provides that: "The City may, at its sole discretion, participate with the sub -divider in the cost of oversized facilities based upon, but not limited to the following factors: (1) the approved utility budget for the current year, (2) the ability of the specific utility to fund any future costs, (3) the degree to which the project conforms to and accomplishes the utility 5 -year CIP priorities (4) the degree to which the project accomplishes the utility Master Plan, and (5) the impact to system operations. Participation shall be by way of capital contribution through a cost participation contract, approved by resolution of the City Council, concurrent with preliminary plat approval;" and 5. WHEREAS, Section 13.09.030(C) of the Unified Development Code further states: "When the sub -divider constructs line extensions included in the current five-year Capital Improvement Plan (CII'), the approved cost participation contract shall provide for the payment to be scheduled during the same fiscal year as the CEP project that would have accomplished the line extension, and after the date of the issuance of the Certificate of Acceptance by GUS;" and 6. WHEREAS, Section 13..09.030(D) of the Code also states, "When the sub -divider constructs line extensions included in the ten-year Impact Fee CIP, the sub -divider may be eligible for an Impact Fee Credit on the fee assessment for each lot in the planned development. Impact Fee Credit shall be calculate based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation;" and Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown Page 1 of 15 7n/2oo4 7. WHEREAS, the City's current Water Master Plan requires the installation of a 16" water line from IH -35 to the Maple Street Extension via the Inner Loop; at least a 10" line is necessary to serve the Property; and 8. WHEREAS, the City's current Capital Improvement Plan provides for the installation of the 16" water line paralleling Inner Loop (Fast Loop) over a several year period beginning in City Fiscal Year 2005/2006 at a budgeted amount of $300,000 per year for 10 years; and 9. WHEREAS, the City desires to increase the size of the water line from IH -35 to the Maple Street Extension via the Inner Loop from 16" to 18" to meet the requirements of the new Water Master Plan to be completed in August 2004, and 10. WHEREAS, the City's current Wastewater Master Plan provides for the construction of a 18" wastewater line from Southwestern Blvd to the Maple Street Extension via Smith Branch, and a 12" wastewater line from Smith Branch to the Property via the Maple Street Extension,; at least 8" wastewater lines in these areas are required to serve the Property; and 11. WHEREAS, the City's current Capital Improvement Plan provides for the installation of the wastewater lines from Southwestern Blvd to Inner Loop in City Fiscal Year 2006/2007 at a budgeted amount of $364,000;and 12. WHEREAS, the City desires to increase the size of the wastewater line from Smith Branch to Inner Loop via Maple Street Extension beyond the size required in the wastewater master plan from 12" to 15" to accommodate flows from other potential development, and 13. WHEREAS, the City desires to increase the size of the wastewater line from Southwestern Blvd to Maples Street via Smith Branch beyond the size required in the wastewater master plan from 18" to 24" to accommodate flows from other potential development, and 14. WHEREAS, Developer has agreed to construct the Offsite Water and Wastewater Improvements described on the attached Exhibit `A" to service the needs of the development on the Property as well as the surrounding area and to finance the design and construction of such improvements in accordance with this Agreement; and 15. WHEREAS, in order to obtain approval for City water and wastewater utility service to the Property, Developer has requested the approval of water and wastewater utility service extensions necessary to connect the Property to existing City water and wastewater utility facilities with reimbursement for the water and wastewater lines included in the City's 5 -year CIP, included in the Impact Fee calculation, or larger than that required by the water or wastewater master plan; and Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 2 of 15 16. WHEREAS, after considering the factors set forth in Section 13.09 of the Code, the City Council finds and determines that it is appropriate to enter to reimburse Developer for utility line oversizing in accordance with the terms of this Agreement; and 17. WHEREAS, the City and Developer are entering into this Agreement to more particularly set forth the rights and obligations of the City and Developer with respect to the design, construction, and payment for the offsite water and wastewater lines; and 18. This Agreement is necessary to protect the health, safety, and general welfare of the community and to limit the harmful effects of substandard subdivisions; to facilitate Developer's construction of the offsite water and wastewater facilities; and to protect the City from bearing any unnecessary expense of constructing or completing subdivision improvements; and 19. This Agreement is authorized by and consistent with state law and the City's other ordinances, regulations, and other requirements governing development of subdivisions and provision of utility services to customers of Georgetown Utility Systems. NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and the mutual covenants, promises, and obligations by the parties set forth in this Agreement, the parties agree as follows: Design and Construction of the Offsite Water and Wastewater Improvements 20. The water and wastewater improvements necessary to extend City water and wastewater services to the Property and surrounding areas for which the City has agreed to make reimbursement in accordance with the terms of this Agreement consist of the improvements listed on the attached Exhibit "A", which is incorporated herein by reference and made a part hereof for all purposes. The improvements listed on Exhibit "A' are referred to collectively herein as the "Offsite Water and Wastewater Improvements." 21. Developer agrees to arrange for a professional engineer registered in the State of Texas to prepare design drawings and bid documents for the construction and installation of the Offsite Water and Wastewater Improvements. 22. Except as otherwise provided herein or agreed upon by the City and Developer, the Offsite Water and Wastewater Improvements shall be designed in conformance with the City's design criteria, construction standards, and specifications for utility construction (including, without limitation, environmental protection requirements such as erosion controls and site restoration). Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown Page 3 of 15 7/7/2oo4 23. The City shall be authorized to review and approve the design drawings (which approval shall not be unreasonably conditioned, withheld or delayed). 24. Developer shall solicit and publish invitations for competitive bids and in conformance with the City's standard bidding and procurement procedures. 25. Developer shall bid the work out in a manner that allows the incremental cost of the oversized water and wastewater lines to be clearly ascertained inasmuch as the City's reimbursement obligations will extend only to the incremental cost increase attributable solely to the increased size of the water and wastewater lines shown on Exhibit "B. " 26. Developer shall enter into a contract for the construction of the Offsite Water and Wastewater Improvements in accordance with the terms and conditions of this Agreement and with the approved construction plans. 27. Developer shall exercise reasonable diligence to assure the substantial completion of the Offsite Water and Wastewater hnprovements and acceptance of the improvement(s) by the City occurs on or before October 1, 2006 for the Water Improvements and on or before October 1, 2006 for the Wastewater Improvements. 28. Any change orders shall be jointly agreed to by the City and Developer. 1 29. The City shall have the right to inspect the construction of the Offsite Water and Wastewater Improvements, and, upon completion of the final stage of construction in accordance with all applicable City, state and federal standards, Developer may request that City finally accept the improvements. Fiscal Security 30. Developer shall post fiscal security in the form of an irrevocable Letter of Credit in the amount of 100% of the estimated cost for design and construction of the Offsite Water and Wastewater Improvements to secure the proper design and actual completion of the Offsite Water and Wastewater Improvements in accordance with the terns of this Agreement. Developer agrees to post such fiscal security within ten (10) days of the Effective Date of this Agreement. 31. If the construction of the Offsite Water and Wastewater Improvements proceeds in discrete phases (as defined in the approved Plans and Specifications and the construction contract), the fiscal security may be reduced by an amount equal to the cost of the completed work for each defined phase of construction, at the written request of the Developer (such requests to be made no more frequently than once every three (3) months) and if Developer is not then in Default under this Agreement or the letter of credit or other obligations relating to the project. Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 4 of 15 32. If at any time during the course of the work on the Offsite Water and Wastewater Improvements the cost estimate for the remaining work exceeds, or is expected to exceed, the amount of the Letter of Credit, the City shall so advise Developer in writing, and Developer shall remit, within thirty (30) days of the receipt of the notice, a new or replacement Letter of Credit for the required amount. Payment and Reimbursement of Actual Construction Costs; Impact Fee Credit 33. The City and the Developer have estimated the actual construction costs for the Offsite Water and Wastewater Improvements, (excluding items such as, but not limited to, the cost of engineering, design, easement acquisition, financing, interest, fiscal security, accounting, project management, inspections, permits, and legal services) to be $1,493,077. The parties acknowledge that the actual costs may be greater or less than $1,493,077, and further agree that such cost underages or overages shall be addressed as provided for herein. 34. Developer will pay all costs associated with the construction of the Offsite Water and Wastewater Improvements, subject to the reimbursement rights provided herein. 35. The City's reimbursement obligations will extend only to the incremental cost increase attributable solely to the increased size of the water and wastewater lines shown as the "Eligible Differential Cost" on Exhibit "B" and subject to the terms of this Agreement. 36. The City shall not be obligated to pay any sums for "Contingency" shown on Exhibit "B" unless and until the Developer submits a Field Order describing the need for the expenditure of such contingency funds, and the City's Utility System Engineering Department issues its written approval of the actual expenses shown on the Field Order. 37. In the event the incremental costs of the oversized lines are greater than the estimated amounts shown as `Eligible Differential Cost" on Exhibit 'B ," Developer agrees that it will be responsible for those additional costs. If the incremental cost of the oversized lines are less than the estimated amounts shown as `Eligible Differential Cost" on Exhibit "B," the City's reimbursement obligation to Developer will be limited to the actual incremental cost differential attributable to the oversizing. 38. If Developer allows work to commence on a change order before receiving City approval as required under Paragraph 28, any costs incurred on that change order that are not approved by the City are not eligible for reimbursement. 39. City and Developer agree that, as used herein, the tern "incremental costs," shall include only the actual cost attributable to acquiring larger diameter lines and shall not include the costs of the minimum -sized lines or the size of the lines necessary to serve the Property, or engineering, design, financing, interest, project management, accounting, legal services, fiscal security, or other costs not associated with incremental cost increase Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown Page 5 of 15 7nnoo4 attributable to oversizing the Offsite Water and Wastewater Improvements. Nothing in this Agreement shall entitle Developer to be reimbursed for any other costs. 40. Subject to completion and final acceptance of the Offsite Water and Wastewater Improvements according to this Agreement, the City will reimburse Developer the incremental cost of the oversized portions of the Offsite Water and Wastewater Improvements; however, such cost share reimbursement will not exceed the amounts shown on Exhibit `B ". 41. Provided that the Developer has complied with the terms and conditions of this Agreement, and provided further that the City has accepted the Offsite Water and Wastewater Improvements, payments by the City will be made to Developer on November 30, 2005 and November 30, 2006, as set out in Exhibit `B" attached. City will not be obligated to pay interest on the cost reimbursement payments. Developer agrees to provide all information and documents reasonably required by the City for proper processing and for accurate accounting and documentation of actual project costs. 42. Within thirty (30) days of final acceptance by the City of the Offsite Water and Wastewater Improvements, Developer must submit a report to the City of the total costs of the project that includes the supporting information. 43. The obligations of the City under this Agreement to make payments in any fiscal year shall constitute a current expense for that fiscal year payable solely from the revenues of the Water Capital Fund or the Wastewater Capital Fund, as applicable, for that fiscal year. The obligation of the City to make payments does not constitute a general obligation or indebtedness of the City for which the City is obligated to levy or pledge any form of taxation. 44. Developer shall construct the 4000 feet of 12" wastewater collection line from Inner Loop to the Property via Maple at its sole cost and expense and Developer agrees that it shall not receive reimbursement from the City for any part of the design, construction or other costs associated with such line. However, in accordance with Section 13.09.030(D) of the Code, Developer shall receive an impact fee credit on the impact fee assessed against each lot on the Property serviced by said line. The amount of such impact fee credit shall be based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation, as set forth in the Code. Default and Termination 45. Developer shall be in default under this Agreement upon the occurrence of one or more of the following events (an "Event of Default"): a. Developer fails to commence or complete design or construction of the Offsite Water and Wastewater Improvements as provided herein; or Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown Page 6 of 15 7/7/2004 b. Developer fails to post the required fiscal security or to increase the amount of fiscal security when requested to do so by the City under this Agreement; or C. Developer transfers or conveys the Property or a portion of the Property through foreclosure or an assignment or conveyance in lieu of foreclosure. 46. Anything in Paragraph 45 to the contrary notwithstanding, it shall be an Event of Default in the event Developer does not cure a failure described in Paragraph 45 above within fifteen (15) days of receipt of written notice thereof from the City. 47. At any time following the occurrence of an Event of Default and Developer's continued failure to cure the same, the City may provide one or more notices to Developer stating that the City intends to perform none, some or all of Developer's outstanding obligations under this Agreement for construction of the Offsite Water and Wastewater Improvements. 48. If after notice and an opportunity to cure as provided for in Paragraph 46 of this Agreement, Developer does not commence work on the Offsite Water and Wastewater Improvements, or commences but does not complete such work as required by the terms of this Agreement, the Developer shall be in default of this Agreement and the City shall have the right, but not the obligation, to draw on the fiscal security posted by the Developer and complete some, none, or all of the Offsite Water and Wastewater Improvements. The City may draw on the Letter of Credit following an Event of Default to pay for the costs and expenses incurred by the City in the completion of Offsite Water and Wastewater Improvements or to correct defects in the Offsite Water and Wastewater Improvements. The City may perform such construction and repairs itself, or engage a third party to complete such construction and repairs on behalf of the City. 49. If the City elects to complete the Offsite Water and Wastewater Improvements, Developer agrees to provide all plans, designs, easements, and other documents related to the design and construction of the Offsite Water and Wastewater Improvements to the City within five (5) business days of the date that the City requests same. If the City elects to complete the Offsite Water and Wastewater Improvements as allowed by this Agreement, the City will have no obligation to provide water or wastewater service to the Property and Developer shall not be entitled to reimbursement for any costs or expenses incurred with regard to the Water and Wastewater Utility Improvements. 50. If Developer does not commence or complete construction of the Water or Wastewater Improvements as required by this Agreement, and if the City elects not to draw on the fiscal security in order to complete the Water or Wastewater Improvements, the City will have the right, in its sole discretion, to terminate this Agreement 51. If the City elects to terminate this Agreement for any reason, or if this Agreement expires on its own terms before completion or acceptance of any portion of the Offsite Water and Wastewater Improvements, the City will have no obligation to provide water or Offsite Utility Coat Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 7 of 15 wastewater service to the Property and Developer shall not be entitled to reimbursement for any costs or expenses incurred with regard to the Water and Wastewater Utility Improvements. 52. The measure of damages for breach of this Agreement by Developer is the reasonable cost of completing the Offsite Water and Wastewater Improvements in conformance with the City's requirements, procedures, and specifications set forth herein, including without limitation, any and all associated administrative expenses, less the City's share of the costs as set out herein. For work on the Offsite Water and Wastewater Improvements upon which construction has not begun, the estimated cost of the Offsite Water and Wastewater Improvements shown in the bid documents will be prima facie evidence of the minimum cost of completion; however, that amount does not establish the maximum amount of Developer's liability. Ownership of Facilities 53. From and after the time of fatal completion and acceptance of the Offsite Water and Wastewater Improvements by the City, the City shall own, operate and maintain the same. Developer agrees to execute and deliver to the City within 30 days after the time of final completion and acceptance of the Offsite Water and Wastewater Improvements such bills of sale, assignments, or other instruments of transfer as may be deemed reasonably necessary by the City. Developer will also deliver all warranties secured for construction of the Offsite Water and Wastewater Improvements. Upon execution and delivery of such instruments, Developer will have no further obligations or responsibility for the Offsite Water and Wastewater Improvements. Within said thirty (30) day period, Developer shall also deliver to the City all bonds, warranties, guarantees, an other assurances of performance, record drawings, easements, project manuals, and all other documentation related to the Offsite Water and Wastewater Improvements. 54. Developer agrees that the City will not accept any Offsite Water or Wastewater Improvement burdened by any lien or any other encumbrance. Provision of Utility Service 55. The parties agree and acknowledge that from and after the time of final acceptance by the City of the Offsite Water and Wastewater Improvements, the City, as owner of them, will operate and maintain said improvements and will provide water and wastewater utility service to customers within the Property subject to the conditions stated in this Agreement and according to the City's policies and ordinances, as amended from time to time. Nothing in this Agreement will be construed to limit, restrict, modify, or abrogate the City's governmental authority or ordinances respecting the operation and maintenance of its water and wastewater systems nor its Offiite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 8 of 15 duty to provide for the public health, safety, and welfare in the operation and maintenance of the same. 56. Upon final acceptance of the Offsite Water and Wastewater Improvements by the City, the City agrees that Developer may after that apply for water and wastewater service following applicable City policies and ordinances, provided, however, that: (a) This Agreement will not be construed to guarantee water or wastewater service to the Property; such service may be guaranteed only upon the City's approval of the Final Plat and the recording of same in the Final Plat records of Williamson County in accordance with the requirements of the Code; ; (b) This Agreement in no way obligates the City to approve service extension requests not conforming to the requirements of the City's policies and ordinances nor otherwise binds the governmental powers of the City with respect to the approval or denial of the same; (c) This Agreement does not exempt Developer, or its successors and assigns, from the requirements of any ordinance applicable to development within the acreage covered by the service extension requests; (d) This Agreement does not guarantee approval of the final plat of The Pinnacle at Georgetown or the approval of any other applications or permits related to the project; (e) This Agreement will not be construed to create or confer upon Developer, or its successors and assigns, any ownership rights in or monopoly regarding capacity in the Offsite Water and Wastewater Improvements, whether total or partial, after final acceptance of the project by the City; and (f) This Agreement will not be construed to create or confer upon Developer, or its successors or assigns, any manner of legal title to, equitable interest in or other claim of joint ownership with respect to property, whether real, personal or mixed comprising the Offsite Water and Wastewater Improvements, after final acceptance of the project by the City. (g) This Agreement will not be construed to guarantee any particular level of service to the Property. General Provisions 57. Other Infrastructure Improvements. Developer agrees that it shall construct all other infrastructure improvements required for the project and/or the Property at its sole Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown M12004 Page 9 of 15 expense and in conformance with the Code and all other applicable City standards and requirements. 58. Remedies. The remedies available under this Agreement and the laws of Texas are cumulative in nature. 59. Third Party Rights. No person or entity who or which is not a parry to this Agreement shall have any right of action under this Agreement, nor shall any such person or entity other than the City (including without limitation a trustee in bankruptcy) have any interest in or claim to the funds described in Paragraph 17 of this Agreement. 60. By submitting plans or specifications for the City for review, the DEVELOPER PARTIES (as that term is defined below) each agree to waive all claims, fully release, indemnify, defend and hold harmless the City, and all of its officials, officers, agents, consultants, employees, attorneys, and invitees in both their public and private capacities (collectively, the "CITY PARTIES") from any and all liability, claims, lawsuits, demands or causes of action, including all expenses of litigation and/or settlement which may arise by injury to property or person occasioned by error, omission, intentional, or negligent act of the Developer, its officers, agents, engineers, consultants, employees or invitees (collectively, the "DEVELOPER PARTIES") arising out of or in connection with submission of drainage plans, construction plans, or any other plans or specifications submitted to the City. The DEVELOPER PARTIES further agree that they each will, at their own cost and at their own expense, defend and protect the CITY PARTIES from any and all such claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs and attorneys' fees for injury to or death of any person or for any damage to any property arising out of or in connection with the error, omission, intentional or negligent acts of any of the DEVELOPER PARTIES. Nothing in this provision shall waive the City's defenses or immunities under Section 101.001 et. seq. of the Texas City Practice & Remedies Code or any other applicable statutory or common law. Approval of the City Engineer or any other of the CITY PARTIES of any plans, designs or specifications submitted pursuant to the requirements of the Unified Development Code or any other provision of the City Code of Ordinances or technical manuals shall not constitute or be deemed to be a release of the responsibility and liability of any of the DEVELOPER PARTIES (as defined above) for the accuracy and competency of their designs or specifications. Such approval shall not be deemed to be an assumption of such responsibility or liability by the City for any defect in the design or specifications prepared by any of the DEVELOPER PARTIES. Approval by the City Engineer or any other of the CITY PARTIES signifies the City approval of only the general design concept of the improvements to be constructed or the drainage plan to be implemented. In this connection, the DEVELOPER PARTIES shall each indemnify and hold harmless the CITY PARTIES from any loss damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of any of the Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 10 of 15 DEVELOPER PARTIES designs and specifications to the extent prepared or caused to be prepared by any of the DEVELOPER PARTIES and incorporated into any improvements constructed in accordance therewith, or plans implemented thereby, and the DEVELOPER PARTIES shall defend at their own expense any suits or proceedings brought against any of the CITY PARTIES on account hereof, and to pay all expenses and satisfy all judgments which may be incurred by or rendered against them, collectively or individually, personally or in their official capacity in connection herewith. 61. In addition to the foregoing Release and Indemnity, in further consideration for the City's agreement to reimburse Developer in accordance with the terms of this Agreement and other promises herein, the receipt and sufficiency of which is hereby acknowledged, Developer agrees to fully and completely release and forever discharge the City, its employees attorneys and officers, in both their individual and official capacities, and its successors, agents, representatives, servants, and any other related or affiliated persons, natural or corporate, in privity with them from any and all possible claims, demands, actions, causes of action, costs, expenses, obligations, liabilities, suits, and damages of every kind and character whatsoever, now existing or that may arise hereafter, whether known or unknown, at law or equity, however, whenever, and by whomever caused, whether solely, jointly, or otherwise, including, without limitation, any and all causes of action directly or indirectly arising out of, resulting from, or attributable to the Offsite Water and Wastewater Improvements that the Developer is required to construct by the terms of the Code and this Agreement. 62. No Waiver. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. The failure at any time to enforce this Agreement or covenant by the City, Developer, or their respective heirs, successors or assigns, whether any violations thereof are known or not, shall not constitute a waiver or estoppels of the right to do so. 63. Attorney's Fees. Should any party be required to resort to litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. If the court awards relief to both the City and Developer, all parties will bear its own costs in their entirety. 64. Assignability. Except as otherwise provided herein, this Agreement is binding upon Developer, and the successors and assigns of Developer. Developer's obligations under this Agreement may not be assigned without the express written approval of the City. An assignment shall not be construed as releasing Developer from Developer's obligations under this Agreement, and Developer's obligations hereunder shall continue notwithstanding any assignment approved pursuant to this Paragraph, unless and until Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7r7/2004 Page 11 of 15 the City executes and delivers to Developer a written release of Developer from the obligations imposed by this Agreement. 65. Notice. Any notice required or permitted by this Agreement is effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to Developer: Mr. Robert W. Felton Cottonwood Creek Development, LLC 900 RR # 620 South, Suite C-208 Austin, Texas 78734 If to City: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 66. Change of Address for Notice. The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of the change is provided to the other party in accordance with the provisions of Paragraph 32, above. 67. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other party, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. 68. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, whether arising out of or relating to the Agreement or the Security, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division. 69. Captions Immaterial. The numbering, order, and captions or headings of the paragraphs of this Agreement are for convenience only and shall not be considered in construing this Agreement. 70. Entire Agreement. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 12 of 15 shall be of no force or effect excepting a subsequent written modification executed by both parties. 71. Binding Agreement. The execution and delivery of this Agreement and the performance of the transactions contemplated thereby have been duly authorized by all necessary corporate and governmental action of the City. This Agreement, when duly executed and delivered by each party, constitutes a legal, valid, and binding obligation of each party enforceable in accordance with the terms as of the Effective Date. 72. Recording. The parties agree that this Agreement may be recorded in the Real Property Records of Williamson County, Texas at the expense of Developer. 73. Further Assurances. The City and Developer agree to take such actions and execute and deliver such documents as may be reasonably necessary or appropriate to effect the provisions of this Agreement. 74. Term. Unless sooner terminated under the provisions of this Agreement, this Agreement shall expire of its own terms and without further notice October 1, 2007. 75. Effective Date. This Agreement will be effective on the latest date accompanying the signature lines below. EXECUTED by the parties on the dates indicated below: CITYOF GEORGETOWN, TEXAS COTTONWOOD CREEK ("CITY") DEVELOPMENT, LLC ("DEVELOPER") By: Printed Name: Title: Date: Approved as to Form: Patricia E. Carls, City Attorney Brown & Carls, LLP Approved as to Form: By: Printed Name: Title: Date: Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 13 of 15 Typed name: Attorney for Developer Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 14 of 15 THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2004, by , of the City of Georgetown, a Texas home rule municipal corporation, on behalf of said City. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2004, by of Cottonwood Creek Development, LLC, a Texas limited liability corporation, on behalf of said corporation. Notary Public in and for the State of Texas Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 15 of 15 Exhibit "A" Pinnacle Offsite Water sr 6200' of 18" Water Line from Snead Drive to Maple St via SE Inner Loo *Yes **Yes7�yes Water 4200' of 12" Water Line from SE Inner Loo to Pinnacle via Maple Street No No Wastewater 3250' of 24" Wastewater from Southwestem Blvd to Maple St via Smith Branch *Yes **Yes Wastewater 2900' of 15" Wastewater from South on Maple Street to Inner Loo *Yes *"Yes Wastewater 3500' of 12" Wastewater Collection line from Inner Loop to Pinnacle via Maple No "*Yes ***Yes Note: Project in current 5 r plan - eligible for reimbursment ** Project in Impact Fee calculation - eligible for Impact Fee Credit *** Project on Master Plan - must be built to specified size **** Project larger than Master Plan - City to participate in oversizin Exhibit "B" Cost Sharing Calculations and Payment Schedule Water 6200' of Water Line from Snead Drive to Maple St via SE Inner Loop 10" 18' 256.750 238,250 18.500 Water 4200' of Water Line from SE Inner Loop to Pinnacle via Maple Street 10" 12' $ 24.D55 23,255 $ 800 Wastewater 3250' of Wastewater from Southwestern Blvd to Maple St via Smith Branch 8" 24" $ 13Z835 129,235 3,600 Wastewater 2548' of Wastewater from South on Maple Street to Inner Loo Wastewater 4000' of Wastewater Collection line from Inner Loop to Pinnacle via Ma le 8" 8" 15" 12" $ $ 49,800 47,000 $ 2,800 Water Water Ca Mal Fund 30 -Nov -05 140,403 Water Water Capital Fund 30 -Nov -06 140.402 Wastewater Wastewater Capital Fund 30 -Nov -06 s i 635 Notes: "Base Size" Is the pipe size required to serve Pinnacle only. "Overstze" is the toe size required to serve the area as indicated on the Ufilltv Master Plan or otherwise requested by GUS. "Construction" does not include Engineerinc or contingency Costs _ "Pa enP includes Construction and contingency Costs with payment of ICondWency Funds subject to the approval of a Field Order by GUS Systems Engineering Department prior to incurring the actual ex snse. _ THE PINNACLE - PRELIMINARY PLAT 154.79 a.oc Vol'Hughes 276 pg. 49 HOWARD ENGINEERS, INC. 4303 Rueeell Drive Austin. Texas 78704 Phone: 512-448-0681 Email: UX �_ N;snENna, I FMR C/ SfPFFf . I'M UKM IFFY 9E N ACNNNax Vn MOT' PRELNKRY e, n ,xE wasou or THE PINNACLE- auumR,uMF-ur, PRCFN..M.eY PLAT /nR osr uxom 0, AUGUST421107 , pt. wase of NT W. FM rt S lqf ro SHEET 3 OF 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 13.09.030 PERTAINING TO INFRASTRUCTURE CONSTRUCTION REIMBURSEMENT OF THE UNIFIED DEVELOPMENT CODE, PASSED AND ADOPTED ON THE 11'" DAY OF MARCH 2003; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, the City Council in their motion to adopt the UDC directed staff to return to City Council at a future date with selected sections of the UDC for further study and amendment; and WHEREAS, a Public Workshop was conducted on October 30, 2003 to allow for public review of the proposed UDC amendments; and WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on December 2, 2003 to consider recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of December 2, 2003 made a report to the City Council recommending approval of the proposed UDC amendment; 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 Century Plan as follows: 1. Policy End 12.00 in the Utilities / Energy element, which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers." 2. Focus End 12.02 in the Utilities / Energy element, which states: "City water and wastewater customers in all certified areas receive services which exceed state and federal standards." 3. Policy End 14.00 in the Finance element, which states: "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided." 4. Focus End 14.01 in the Finance element, which states: "Each utility system is a self - supported operation that provides a desirable and affordable level of service." 5. Focus End 14.03 in the Finance element, which states: "The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems." Infrastructure Reimbursement Page 1 of 4 and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 13.09.030 of the "Unified Development Code," is hereby amended in its entirety as follows: Section 13.09.030 Infrastructure Construction Reimbursement A. Line Extension 1. When it is necessary, in order to properly serve an entire area to be subdivided, to extend adequately sized water lines, wastewater lines, or irrigation lines, the sub -divider shall extend such utilities at its own expense. 2. Georgetown Utility Systems (GUS) maintains a Master Plan for the water distribution, wastewater collection, and irrigation utilities. Each master plan identifies future system improvements that are necessary to meet or exceed treatment and transport requirements for the specific utility. The planning horizon for the plan is up to 20 years in the future. When the Master Plan for a specific utility requires the installation of facilities designed to serve an area in excess of that required to serve the area being developed, the sub -divider shall extend such utilities at its own expense. 3. All necessary easements and/or rights-of-way shall be dedicated at no cost to the city. B. Oversized facilities When the Utility Master Plan or GUS otherwise requires the installation of facilities exceeding the requirements for the specific developer beyond the appropriate utility minimum size (in accordance with section 13.06.020 and 13.06.030), then the facility shall be considered oversized. 2. GUS shall notify Development Services if the developer is required to oversize facilities during preliminary plat review. C. Line Oversizing Repayment The City may, at its sole discretion, participate with the sub -divider in the cost of oversized facilities based upon, but not limited to the following factors: 1) the approved utility budget for the current year, 2) the ability of the specific utility to fund any future costs, 3) the degree to which the project conforms to and accomplishes the utility 5 -year CIP priorities 4) the degree to which the project accomplishes the utility Master Plan, and 5) the impact to system operations. Participation shall be byway of capital contribution through a cost participation contract, approved by resolution of the City Council, concurrent with preliminary plat approval. 2. When the sub -divider constructs line extensions included in the current five-year Infrastructure Reimbursement Page 2 of 4 Capital Improvement Plan (CIP), the approved cost participation contract shall provide for the payment to be scheduled during the same fiscal year as the CIP project that would have accomplished the line extension, and after the date of the issuance of the Certificate of Acceptance by GUS. 3. A Cost Participation Contract is not a guarantee of capacity. Guarantee of capacity is achieved through payment of normal impact fees. D. Impact Fee Credit Calculations 1. When the sub -divider constructs line extensions included in the ten-year Impact Fee CIP, the sub -divider may be eligible for an Impact Fee Credit on the fee assessment for each lot in the planned de\,elopment. 2. Impact Fee Credit shall be calculated based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation. E. Cost Participation Calculations 1. The developer maybe reimbursed for eligible construction costs of the oversized facilities greater than the utility minimum diameter. Cost participation shall be based upon the difference in cost between the actual line size and the line size required to serve the development, subject to the utility minimum. 2. The fees shall be calculated by GUS using information from the developer's engineer, using a methodology that apportions the developer's planned usage (based upon the minimum pipe size) to the available usage due to oversizing, and the following sources: a. Water/Wastewater facilities —the developer's engineer shall use the City's approved water or wastewater master plan as a basis for calculating residential flow per dwelling unit Calculations for non-residential units shall be calculated using the latest edition of the "Design Criteria for Sewage Systems," as produced by the Texas Commission on Environmental Quality. b. Irrigation facilities — calculations for irrigation re -use facilities shall be made using the Citys irrigation master plan. 3. Costs used in calculating cost participation shall be based on construction costs in effect at the time the tap is made. All calculations shall be submitted to GUS for appropriate review, verification, and approval. SECTION 3. All ordinances that are in conflict with the provisions of this 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 4. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application Infrastructure Reimbursement Page 3 of 4 thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. This Ordinance shall be effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 13th day of January 2004. PASSED AND APPROVED on Second Reading on the 27th day of January 2004. ATTEST: Sandra D. Lee City Secretary Approved as to Form: Patricia E. Carts, Brown & Carls, LLP City Attorney Infrastructure Reimbursement Page 4 of 4 THE CITY OF GEORGETOWN Gary Nelon, Mayor WRbr1 WATER CAPITAL PROJECTS WATER LINE UPGRADES S 100,000 S 500,000 AvrU 11, 2003 S 500,000 S 500,000 S 500,000 INtYetDeni.d PLANTMODMCATIONS S 50,000 S 75,000 S . 75,000 S 75,000 S 75,0001 jPlantUpgadwBased onSDWARnIa- DB WOOMOOM CROSSING S 550,000 1 W '--t TANK RBHABILITATTON PROJECTS S 500.000 a 300,000 S 300,000 $ 300,000 $ 300,000 1 limtcc Bence ELEVATED STORAGE TANK SUN CITY: 1.0 M6 S 1,740.000 I IMr,&*d Storage at Sm City - SIP PEES hEnM AUTOMATLON $ 400,000 $ 125,000 a 125,000 $ 125,000 S 125,000 I SyaI- 'm - 131hSTREffrREHABBITATION S 315,000 LWTP DEWATERING PACB.TTY IS 1,500,000 VULIBLRABILM ASSESWENT a 75,000 WHSIZOOP-DB WOOD to HWY 29 13 650.0001 1 WESPI.00P- DB Wood to IH 35 via CR 265 S 1,000,000 WBSTL.00P- bmedoop to Rod=wt I S 1,000000 WBSTLOOP-Rock® m10000ab S 305,000 BASn.00P -IH 95 m Hwy 29 soutbeaat S 300,000 S 300,000 S 300,000 S 2,300,000 WB4IT.00P-RabbitFM to hu=Loop S 1365,000 WBSTLOOP-CR 116 S 365,000 CEDAR BREAKS TO BOOTYS I2' $ 25%0001 1 SAN GAARM RIVER INTAKE S 240,000 Esobtlsh Sen Gabriel Plant mWoa Poe aver to ka ' SOUTHME SED a 850,000 Lnoreae 'ty to 4.6 MGD LAKE WATER PLANT EXPANSION: 8.8 nVd I S 12,000,000 'm ofPLnt LAKE PLANT PUMP STATION UPGRADE S 530.000 lUpgm& of Pmmp Station SOUTHWB.STERNBLVD.120 IS 350,000 Bxtmd Lme from Rain Tore to L� GOLDEN OARS S 300,000 Wamr Syetam Uppade- RNufted ifAmexed TOTAL WATER CAPITAL BOROVEMEN'1S: S 4,690,000 S 2,650,000 $ 2,605,000 S 2,665,000 $ 1,915,000 516,57%000 WRbr1 Wnstnveter 1 WASTEWATER CAPITAL PROJECTS 11 2003 EDWARDS AQUIFER mmwG S 180 000 $ 180 000 S 180,000 S 180.000 IS 180,000 S 360.000 1 Mmdamd cmvH=M wil6 TNRCC-8 y,. Setedde for I & I - SW EDWARDS- WAS7EWATHR LM UPGRADES $ IAW 000 S 1 000 S 1 000 S 1 00000 I S 100000 S 000 MmdaadR WA57EWATERLOM UPGRADES $ 100,000 S 100,000 $ 100,000 S 100.000S I 000 jUnwheModUpwada WASTEWA7MPLANf UPGRADES S 50000 S 50000 $ 50AW- 5 000 1 S 50.000 MAMM CEOSMNO TREATMHNT PLANT $ 200000 P=h+ DOVE SPRINGS WWTP EKPANSION $ 490,000 S 4,OOD,000 03/04m -06/05125 OAKCREST WAETEWMERLDM REHAB S 500000 luwpmed LAKEWAY PHAM II- Roci3lHoflow m Daae Dr. S 500000 ILtme m be evakmd after Lakmmy Phare l- maowmmodaoenew growth PECANBRANCHPHASB M-Nmrhw BIW S 500.000 SAN GABRffi. WWTP UPGRADE S 300000 JB& P= nmsfer and msmll from Dove Spmp AUS77N AVE TO SAN GABRBE. WWTP LUffi UPGRADE S 500 a asmwatm line m Sm Gabriel WWTP Aomtin Am SOU7HFORKPhaml - S' 364.000 1 Sodhfork Phase 1. Smith Brmnh m Rabbit HM m FM 1460 PECAN BRANCH TREATMENT PLANT:Plmt S 60.000 1 S 6,000,000 lcmvwimwplmt-3m B05Hgmc3PTOR/a Hw I I S SMODO JWwe ftln mdmH1-35.WoffTnm SERVICE TO NORTH 2338: WMiame Ddw Pham4 S SOOAW JCie Som WBliama DrimmSmbiw WEST STREET COLLEMR S 310.000 CoEecfim inmeam DO AN CR>IDK S 500.000 SOU1IiWB51'BRNBLVD: i-.R.T—mhmer S 350000 1PONible line mlaration GOLDEN OAKS S 500000 IPamMeRnerdocfim BERRY CREEK INIERCEP7'OR: Phase l S 2,000,000 SMTIH BRANCH PHASE M S 1000000 ]H35wUSSlcqxwitykanus TOTAL WASTEWATER CAPITAL UaROVEtv1ENTS 51QM S 5,930,000 3630000 3,294,000 1 S 700,000 10820000 Wnstnveter 1 2003 Impact Fee Project Listing Water Current Impact Fee $ 2,285 Su E)dstlng Infrastructure $ 497 $ - $ 249 1 $ $ Treatment Lake Georgetown WTP - Phase II $ $ 1,387 $ 694 $ $ Treatment Lake Georgetown WTP - Phase III $ $ 432 $ 216 $ 216 $ 78 Pumping Existin Infrastructure $ 20 $ - $ 10 $ - $ - Pumping Lake WTP Improvements Sun C P Station $ - $ 76 $ 38 $ 38 $ 14 Pumping Rabbit Hill Pump Station $ - $ 20 $ 10 $ 10 $ 4 Ground Stora a Infrastructure $ 45 $ $ 23 $ $ - Elevated Stora a IEdsting Edating Infrastructure $ 8 $ - $ 4 $ $ - Elevated Storage Future EST - Escafere $ - $ 102 $ 51 $ 51 $ 18 Transmission Existing Infrastructure $ 768 $ $ 384 $ $ - Transmission Inner Loop East $ - $ 323 $ 162 $ 162 $ 58 Transmission West Loo $ $ 806 $ 403 $ 403 $ 145 Transmission Golden Oaks $ - $ 29 $ 15 $ 15 $ 5 Transmission Shell Road Line Connection $ $ 26 $ 13 $ $ - Transmission Misc Transmission Line $ $ 48 $ 24 $ 24 $ 9 Wastewater Current Impact Fee $ 1,869 Treatment Existing Infrastructure $ 276 $ - $ 276 $ $ TreatmentBarry Creek Expansion to .3 MOD $ $ 230 $ 230 $ - $ Treatment Dove Springs Expansion to 2.5 MGD $ S 337 $ 337 $ 337 $ 108 Treatment Pecan Branch Expansion to 3.0 MGD $ - $ 383 $ 383 1 $ 383 $ 123 Treatment Mankins Branch WWTP .5 MGD $ - $ 55 $ - $ - $ - Pumping EAsting Infrastructure $ 37 $ $ 37 $ - $ - Pumping New South Gabriel Lift Station off Ranch $ - $ 135 $ 135 $ - $ - Pumping Future LIR Station $ - $ 62 $ 62 $ 62 $ 20 Interco ors Existing Infrastructure $ 178 $ - $ 178 $ - $ - Interceptors Berry Creek/Sun City WW System $ - $ 81 $ 81 $ 81 $ 26 Interceptors Meadows direct toDSWWTP $ $ 2 $ 2 $ 2 $ 1 Interceptors Mankins Interceptor $ - $ 20 $ 20 $ 20 $ 6 Interceptors Escalera Area Line $ - $ 12 $ 12 $ 12 $ 4 Irderoe tors McLester Area Line $ $ 15 $ 15 $ 16 $ 5 Interceptors Pecan Branch/NW Blvd Area $ $ 13 $ 13 $ 131$ 4 Interco tors S. Georgetown WW Improvements $ is 1 $ 1 $ 1 $ 0 Interco rs Ma le Street Area Line $ $ 17 $ 17 $ 17 $ 5 Interco tors Middle San Gabriel $ $ 44 $ 44 $ 44 $ 14 Interco tors Triangle Area Intece for $ $ 10 $ 10 $ 10 $ 3 Interceptors Smith Branch Extension off Ranch $ 4 $ 4 $ $ - Interceptors Misc. Interceptors $ - $ 8 $ 8 $ 8 $ 3 Agenda Item: Pinnacle Offsite Cost Prepared by. Glenn Dishong Participation Council Date: July 13, 2004 Date: July 1, 1004 Agenda Item Check List - Financial Impact 1. Was it budgeted? No. Item is planned and budgeted for FY 05/06 and 06/07. 1 2. Is it within the approved budgeted amount? Yes. Actual cost will be less than budgeted due to cost sharing with developer. 3. If not, where is the money coming from? Funding will come from future CIP budgets (05/06 and 06/07). 4. Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. No. 5. Will this have an impact on the next year's budget? Yes. Will impact FY 05/06 and 06/07 budget. 6. Does this project have future revenue impact? If so, how? N/A Year: Department., 7. Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc). None 8. Estimated staff hours: N/A 9. Cross -divisional impact: N/A Finance Review