HomeMy WebLinkAboutAgenda CC 07.11.2006Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, July 11, 2006
The Georgetown City Council will meet on Tuesday, July 11, 2006 at 06:00:00 PM at the City Council
Chambers, 101 E. 7th Street, at the northeast comer of Seventh and Main Streets, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Counciimembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including agenda items
B 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.
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
Announcement of vacancies on Convention and Visitors Bureau Board and Animal Shelter Advisory
Board
F Announcements and Comments from City Manager
Presentation to Council of the National Trail Award — Randy Morrow, Director of Parks and Recreation
G Public Wishing to Address Council
As of the deadline, there were no persons who requested to address the Council on items other than already posted on
the Agenda.
City Council Agenda/July 11, 2006
Page 1 of 3 Pages
Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non-con'roversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 26,
and the Council Meeting on Tuesday, June 27, 2006 — Sandra D. Lee, City Secretary
J Consideration of a resolution granting a petition and setting public hearing dates for the voluntary
annexation into the City for 145.5779 acres, more or less, in the Joseph Fish Survey and William Roberts
Survey, located south of Shell Road, for Georgetown Village, Section Nine — Bobby Ray, AICP, Director
Planning and Development and Edward G. Polasek, AICP, Principal Planner
K Consideration of a resolution granting a petition and setting public hearing dates for the voluntary
annexation into the City for 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey
and William Roberts Survey, located north of Shell Road, for Georgetown Village, Section Six revised —
Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner
L Consideration and possible action to amend the development agreement with 500 South Austin Avenue
L.P. to extend the construction commencement date by an additional three months to October 31, 2006 —
Tom Yantis, Assistant City Manager
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
M Consideration and possible action to authorize staff to amend Article VII, Construction, paragraph 7.01
Mandatory Construction of the long term Airport Ground Lease Agreement as recommended by the
Airport Advisory Board and prepared by the City Attorney — Travis McLain, Airport Manager and Tom
Yantis, Assistant City Manager
N Discussion and direction to staff on the Recreation Center Expansion Project — Terry Jones, Support
Services Construction Manager and Micki Rundell, Director of Finance and Administration
O Second Readings
1. Second Reading of an Ordinance of the City Council of the City of Georgetown providing for the
abandonment by quitclaim deed of a portion of CR 265; providing for the terms and conditions of
such abandonment; providing a conflict and severability clause and establishing an effective date. —
Terri Glasby Calhoun, Paralegal, and Jim Briggs, ACM for Utility Operations
2. Second Reading of an ordinance ordering the dismissal of ATMOS Energy Corporation, Mid -Tex
Division's application for an interim gas reliability infrastructure program adjustment for calendar year
2005 — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carts, City Attorney
3. Second Reading of an Ordinance for a Comprehensive Plan Amendment to modify the Century Plan
Overall Transportation Plan related to the Transportation Improvement Plan Process — Edward G.
Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
4. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land
Use from Business Park to Commercial, Multi Family, Light Industrial and Business Park and to
change the Intensity Level from Level 3 to Level 5 for 370.893 acres in the David Wright Survey, also
known as the Buie Tract, located east of Airport Road — Edward G. Polasek, AICP, Pdncipal Planner
and Bobby Ray, AICP, Director Planning and Development
5. Second Reading of an Ordinance on a voluntary annexation into the City for 370.893 acres, more or
less, in the David Wright Survey, Williams Roberts Survey and John Berry Survey, east of Airport Road
and south and west of Berry Creek, for Buie Ranch — Edward G. Polasek, AICP, Principal Planner
and Bobby Ray, AICP, Director Planning and Development
City Council Agenda/July 11, 2006
Page 2 of 3 Pages
6. Second Reading of an Ordinance Rezoning approximately 2.91 Acres in the Nicholas Porter Survey,
Abstract No. 497, from RS, Residential Single-family District to IN, Industrial District for the property
located at 215 Royal Drive — Bobby Ray, AICP, Director Planning and Development
7. Second Reading of an Ordinance Rezoning approximately 29.11 Acres in the William Roberts Survey,
Abstract 524 from RS, Residential Single-family District with a Planned Unit Development (PUD)
Overlay District to RS, Residential Single-family District for Berry Creek, Section 5, Phase 2 — Bobby
Ray, AICP, Director Planning and Development
Appointments
1. Consideration and possible action to appoint Becky Krause to the Building Standards Commission
to fill a vacancy that expires in February, 2008 — Mayor Gary Nelon
2. Consideration and possible action to appoint the Social Services and Children's and Youth Program
Funding Subcommittee to review and make recommendations regarding the funding allocations for
FY 2006-07 — Mayor Gary Nelon
3. Consideration and possible action to appoint a member to the Housing Advisory Board to represent
District 1 — Tom Yantis, Assistant City Manager
4. Consideration and possible action to fill a vacancy on the Animal Services Task Force -- Paul E.
Brandenburg, City Manager
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2006, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Lee, City Secretary
City Council Agenda/July 11, 2006
Page 3 of 3 Pages
Council Meeting Date: July 11, 2006 Item No. -
AGENDA ITEM COVER SHEET
SUBJECT:
Second Reading of an Ordinance of the City Council of the City of Georgetown providing
for the abandonment by quitclaim deed of a portion of CR 265; providing for the terms and
conditions of such abandonment; providing a conflict and severability clause and
establishing an effective date.
ITEM SUMMARY.
In July 2004, as part of the widening of SH 29 West, the Council entered into an agreement
with the Wolf Family concerning its donation of right-of-way along SH 29 to facilitate the
project. As part of that agreement, the City agreed to abandon the eastern portion of CR
265 from the proposed CR 265E to IH -35 to the Wolf Family, as it owns property adjacent
thereto on both sides. The attached ordinance effectuates the abandonment pursuant to the
City's July 23, 2004 agreement with the Wolf Family concerning the abandonment.
ATTACHMENTS:
CR 265 Abandonment Ordinance
Survey map of portion of CR 265 to be abandoned
Submitted By: Terri Glasby Cfellhoun, Paralegal (im Bri�g�AAtant City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN PROVIDING FOR THE ABANDONMENT BY
QUITCLAIM DEED OF A PORTION OF CR 265; PROVIDING
FOR THE TERMS AND CONDITIONS OF SUCH
ABANDONMENT, PROVIDING A CONFLICT AND
SEVERABILITY CLAUSE AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on July 23 2004, as part of the State Highway 29 West
Widening Project, the City Council of the City of Georgetown, entered into an
agreement with the Wolf Family to abandon the easternmost portion of CR 265
adjacent to Wolf property as described by metes and bounds attached to the
proposed quitclaim deeds attached hereto as Exhibits "A". 'B" and "C and as
shown on accompanying sketch attached hereto as Exhibit "D".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN TEXAS:
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 policy of the Century Plan - Policy Plan Element(s):
Growth and Physical Development Focus End 3.00, which states:
"Citizens, business owners and organizations enjoy the benefits of
well-planned land usage in which conflicting needs are balanced";
and
Economic Development Focus End 1.01, which states: "Existing
undeveloped sites in Georgetown are put to beneficial use"; and
The City Council further finds that the passage 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 of the Policy Plan.
Ordinance No.
Abandonment of East Portion of CR 265
Page 1 of 3
SECTION 2. That the following described portion of CR 265, as described
in the proposed quitclaim deeds attached hereto Exhibits "A", 'B" and "C" and
shown on accompanying sketch attached hereto as Exhibit "D", and made a part
of this ordinance for all purposes, be, and the same is hereby abandoned, vacated
and closed insofar as the right, title or easement of the public is concerned, SAVE
AND EXCEPT, the utility easements described therein, which shall be reserved
by the City.
SECTION 3. That said portion of CR 265 is not needed for public
purposes and it is in the best interest of the citizens of the Georgetown to
abandon said described portion CR 265.
SECTION 4. That the abandonment provided for herein shall extend only
to the public right, title and interest in and to the tracts of land described in
SECTION 2 of this ordinance, and shall be construed only to that interest the
governing body of the City of Georgetown may legally and lawfully abandon.
SECTION 5. The City Attorney is hereby authorized to issue and the
Mayor authorized to execute quitclaim deeds in the forms attached hereto as
Exhibits "A", 'B" and "C" and the City Secretary is authorized to attest thereto
on behalf of the City of Georgetown.
SECTION 6. This ordinance shall be and is hereby declared to be
cumulative of all other ordinances of the City of Georgetown, and this ordinance
shall not operate to repeal or affect any of such other ordinances, except insofar
as the provisions thereof might be inconsistent or in conflict with the provisions
of this ordinance, in which event such conflicting provisions, if any in such other
ordinance or ordinances are hereby superseded.
SECTION 7. 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 8. 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 in accordance with the provisions of the Charter of the City of
Georgetown.
Ordinance No.
Abandonment of East Portion of CR 265
Page 2 of 3
PASSED AND APPROVED on First Reading on the _ day of June 27,
2006.
PASSED AND APPROVED on Second Reading on the _ day of July 11,
2006.
ATTEST: THE CITY OF GEORGETOWN
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No.
Abandonment of East Portion of CR 265
Page 3 of 3
Gary Nelon, Mayor
EXHIBIT "A"
[FORM OF QUITCLAIM DEED]
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
17:1 ti aF
2006
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County,
Texas78627
GRANTEE: Judy W. Hindehmg, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf McLachlan and
James David Wolf, as our sole and separate property.
GRANTEE'S Mailing Address (including County): c/o Iva Wolf McLachlan, 520 Wolf Road,
Georgetown, Texas 78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration
PROPERTY:
Being 0.11 of acre of land situated in the CLEMENT STUBBLEFIELD SURVEY,
Abstract No. 558, in Williamson County, Texas, being a portion of that certain tract of
land called 5.252 acres, as conveyed to the City of Georgetown by deed recorded in
Document No. 2005080398 of the Official Records of Williamson County, Texas, said
0.11 acre tract being more particularly described by metes and bounds in Exhibit "A"
attached hereto (the "Property").
For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and
quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to
have and to hold it unto GRANTEE, GRANTEE'S heirs and assigns, forever. Neither GRANTOR, not
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the Property or any part of
it, SAVE AND EXCEPT for the easement for public utility purposes herein reserved.
There is hereby excepted and reserved unto Grantor, its successors and assigns, an EXCLUSIVE
easement and right of way (the "Easement"), over, under and across the following described real property, all or
part of which is contained within the above-described Property, to wit:
Public Utility Easement
Being 0.49 acre of land situated in the CLEMENT STUBBLEFIELD SURVEY, Abstract
No. 558, Williamson County, Texas, for a Public Utility Easement, said 0.49 acre tract
being more particularly described by metes and bounds in Exhibit "B" attached hereto
(the "Easement Area').
Quitclaim Deed abandoning east portion of CR ROW
Page I of 2
The Easement shall be for the purposes of constructing, laying, maintaining, operating,
repairing and replacing water, wastewater, storm water or drainage, electric, telephone, gas and/or
cable television lines and related facilities and equipment, together with the right of ingress and
egress upon and across the Property for the purposes of maintaining, operating, repairing and
replacing said lines and related equipment and facilities.
The Easement, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and
Grantor's successors and assigns, and Grantee covenants that Grantee shall not convey any other
conflicting easement or license to the area (or any portion of the area) covered by this grant.
EXECUTED this the _ day of
GRANTOR
CITY OF GEORGETOWN
By:
Gary Nelon, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
2006.
ATTEST:
Sandra D. Lee, City Secretary
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the City of
Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of , 2006.
Notary Public, State of Texas
APPROVED AS TO FORM:
Patricia E. Carts, Brown & Carls, LLP
City Attorney
AFTER RECORDING, RETURN TO:
Iva Wolf McLachlan
520 Wolf Road
Georgetown, Texas 78628
Quitclaim Deed abandoning east portion of CR ROW
Page 2 of 2
LEGAL DESCRIPTION FOR JUDY W. HINDELANG, JANE W. ROBERTSON, JAY L.
WOLF, JR, IVA WOLF McLACHLAN, AND JAMES DAVID WOLF
BEING 0.11 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of that certain tract of land, called 5.252 acres, as
conveyed to the City of Georgetown, by deed recorded as Document No. 2005080398 of the
Official Records of Williamson County, Texas, Surveyed on the ground in the mont',rs of
December, 2003 and March, 2006, under the supervision of Brian F. Peterson, Registered
Professional Land Surveyor, and being more particularly described a follows;
BEGINNING at an iron pin found on the south line of the above -referenced 5.252 acre City of
Georgetown tract, marking the Northeast comer of that certain tract of land, called 1.78 acres, as
conveyed to Judy W. Hindelang, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf McLachlan, and
James David Wolf, by deed recorded as.Document No. 2003053281 of the Official Records of
Williamson County, Texas, being the Northwest comer of that certain tract of land, called 1.89
acres, as conveyed to Iva Wolf McLachlan, Jay Wolf Jr., Jane Wolf Robertson, and Judy Wolf
Hindelang, by deed recorded as Document No. 2003124147 of the Official Records of
Williamson County, Texas, for the Southeast comer hereof;
THENCE, along the said south line of the 5.252 acre City of Georgetown tract, being the north
line of the said 1.78 acre Judy W. Hindelang, at al, tract, N 620 49' W, 170.98 feet to an iron pin
set for the Northeast comer of that certain Tract II, called 0.634 acres, as conveyed to the City of
Georgetown by deed recorded as Document No. 2004068070 of the Official Records of
Williamson County, Texas, for the Southwest comer hereof;
THENCE, N 0° 54''E, 26.34 feet to a point for the Northwest comer hereof;
THENCE, S 64° 56' 30" E, 171.53 feet to a point for the Northeast comer hereof;
THENCE, S 60 39' 15" W, 32.01 feet to the Place of BEGINNING and containing 0.11 of an
acre of land.
STATE OF TEXAS l
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey
was made on the ground of the property legally described hereon and is correct, to the best of my
knowledge and belief.
To certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this the
G lr day of /hf civ , 2006, A.D.
nal Land
of Texas
2006-1
ro$ EXHIBIT
F. Peterson
3967
STEGE IZZELL
1p-
1978 S. Austin Ave
George(o n, TX 78626
(5121930-9412
BEING 0.49 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of County Road No. 265. Surveyed on the ground in the month
of December, 2003, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and
being more particularly described a follows;
BEGINNING at an iron pin set at the intersection of the Northwest line of Interstate Highway No. 35 and the
north line of State Highway No. 29; for the molt easterly Southeast comer hereof;
THENCE, along the said north line of State highway No. 29, S 89° 54' 30" W, 66.85 feet to an iron pin
found at the intersection of the said north line of State Highway No. 29 and the south fine of County Road
No. 265, marking the most easterly comer of that certain tractof land called 1.89 acres, as conveyed to Iva
Wolf McLachlan, Jay Wolf, Jr., lane Wolf Robertson, and Judy Wolf Hindelang, by deed recorded as
Document No. 2003124147 of the Official Records of Williamson County, Texas, for a comer hereof;
THENCE, along the north line of the said 1.89 acre McLachlan, et at, tract, being the south line of County
Road No. 265, N 71° 02' W, 1.66 feet to a point for the most easterly Southwest comer hereof;
THENCE, N 4° 32'E, 32.65 feet to a point for an interior corner hereof;
THENCE, N 75' 09' 30" W, 19.24 feet to a point; N 73° 11' 30" W, 205.13 feet to a point;
N 69° 17' 30" W, 70.88 feet to a point; N 666 50' 45" W, 130.69 feet to a point and N 63° 58' W, 448.85
feet to a point for the most westerly Southwest comer hereof; said point being N 629 49' W, 170.98 feet and
N 0" 54' E, 3059 feet from the most westerly Northwest comer of the said 1.89 acre McLachlan, et at, tract;
THENCE, N 0° 54' E, 22.09 feet to an iron pin set on the north line of County Road No. 265, being the
south line of that certain Tract I, called 202.149 acres, as conveyed to Jay L. Wolf by deed as recorded in
Volume 1997, Page 953, of the Official Records of Williamson County, Texas, for the Northwest comer
hereof; said point being S 66° 50' 45" E, 138.87 feet from an iron pin found;
THENCE, S 63° 58' E, 457.71 feet to a point; S 660 50' 45" E, 129.78 feet to a point; S 69" 17' 30' E, 69.77
feet to a point and S 73" 11' 30' E, 185.39 feet to a point for an interior corner hereof;
THENCE, N 16" 42' 45" E, 12.82 feet to a point on the north line of County Road No. 265, being the south
line of the said 202.149 acre Wolf Tract I, for the most easterly Northwest comet hereof;
THENCE, along the said north fine of County Road No. 265, being the south line of the said 202.149 acre
Wolf Tract I. S 73° 17' 15" E, 20.00 feet to a point for the Northeast comer hereof;
THENCE. S 160 42' 45" W,12.81 feet to a point for an interior comer hereof;
THENCE, 5,95° 09' 30" E, 122.20 feet to a point on the said Northwest line of Interstate Highway No. 35,
for the most easterly comer hereof; said point being S 57° 42' 15" W, 11.68 feet from a concrete monument
found;
THENCE, along the said Northwest line of Interstate Highway No. 35, S 57° 42' 15" W, 47.77 feet to the,
Place of BEGINNING and containing 0.49 of an acre of land.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILYIAMSON }
I, Don H. Bizzell, Registered Professional land Surveyor, do hereby certify that this survey was made on the
ground of the property legally described hereon and is correct, and that there are no appareqt discrepancies,
conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the
accompanying plat, and that said property has access to and from a dedicated roadway, to the best of my
knowledge and belief.
To .cert 'ch, witness my- fanq, and seal at Georgetown, Williamson
day of 7r 2004, A.D.
' 7
Registered Prol
20377-Id-attacl
County, Texas, this the
EXHIBIT
EXHIBIT "B"
(FORM OF QUITCLAIM DEED]
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
DATE:
2006
GRANTOR: City of Georgetown, a Texas home -Wile municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County,
Texas 78627
GRANTEE: Bettie M. Wolf, Judy W. Hindelang, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf
McLachlan (nee Iva June Wolf) and James David Wolf, as our sole and separate property.
GRANTEE'S Mailing Address (including County): c/o Iva Wolf McLachlan, 520 Wolf Road,
Georgetown, Texas 78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration
PROPERTY:
Being 0.68 of acre of land situated in the CLEMENT STUBBLEFIELD SURVEY,
Abstract No. 558, in Williamson County, Texas, being a portion of that certain tract of
land called 5.252 acres, as conveyed to the City of Georgetown by deed recorded in
Document No. 2005080398 of the Official Records of Williamson County, Texas, said
0.68 acre tract being more particularly described by metes and bounds in Exhibit "A"
attached hereto (the "Property").
For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and
quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to
have and to hold it unto GRANTEE, GRANTEE'S heirs and assigns, forever. Neither GRANTOR, nor
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the Property or any part of
it, SAVE AND EXCEPT for the easement for public utility purposes herein reserved.
There is hereby excepted and reserved unto Grantor, its successors and assigns, an EXCLUSIVE
easement and right of way (the "Easement"), over, under and across the following described real property, all or
part of which is contained within the above-described Property, to wit:
Public Utility Easement
Being 0.49 acre of land situated in the CLEMENT STUBBLEFIELD SURVEY, Abstract
No. 558, Williamson County, Texas, for a Public Utility Easement, said 0.49 acre tract
being more particularly described by metes and bounds in Exhibit "B" attached hereto
(the "Easement Area").
Quitclaim Deed abandoning east portion of CR ROW
Page l of 2
The E.tsement shall be for the purposes of constructing, laying, maintaining, operating,
repairing and replacing water, wastewater, storm water or drainage, electric, telephone, gas and/or
cable television lines and related facilities and equipment, together with the right of ingress and
egress upon and across the Property for the purposes of maintaining, operating, repairing and
replacing said Imes and related equipment and facilities.
The Easement, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and
Grantor's successors and assigns, and Grantee covenants that Grantee shall not convey any other
conflicting easement or license to the area (or any portion of the area) covered by this grant.
EXECUTED this the _ day of 2006.
GRANTOR ATTEST:
CITY OF GEORGETOWN
By:
Gary Nelon, Mayor Sandra D. Lee, City Secretary
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WELLIAMSON
BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the City of
Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of , 2006.
Notary Public, State of Texas
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
AFTER RECORDING, RETURN TO:
Iva Wolf McLachlan
520 Wolf Road
Georgetown, Texas 78628
Quitclaim Deed abandoning east portion of CR ROW
Page 2 of 2
LEGAL DESCRIPTION FOR JAY L. WOLF
BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of that certain tract of land, called 5.252 acres, as
conveyed to the City of Georgetown, by deed recorded as Document No. 2005080398 of the
Official Records of Williamson County, Texas, Surveyed on the ground in the months of
December, 2003 and March, 2006, under the supervision of Brian F. Peterson, Registered
Professional Land Surveyor, and being more particularly described a follows;
BEGINNING at an iron pin set at the intersection of the west line of Interstate Highway No. 35
and the new north line of State Highway No. 29, for the most easterly line of the above -
referenced 5.252 acre City of Georgetown tract, being the Southeast comer of that certain Tract I,
called 202.149 acres, as conveyed to Jay L. Wolf by deed as recorded. in Volume 1997, Page 953,
of the Official Records of Williamson County, Texas, for the most easterly comer hereof;
THENCE, along the said new north line of State Highway No. 29, N 890 09' 45" W, 116.67 feet
to a point for the Southeast comer hereof;
THENCE, N 72° 09' W, 156.54 feet; N 68° 57' 30" W, 260.04 feet; N 650 11' W, 274.23 feet;
and N 64° 56' 30" W, 180.63 feet to a point for the Southwest comer hereof;
THENCE, N 0° 54' E, 26.34 feet to an iron pin set on the north line of the said 5.252 acre City of
Georgetown tract, being the south line of the said 202.149 acre Wolf Tract I, for the Northwest
corner hereof;
THENCE, along the north line of the said 5.252 acre City of Georgetown tract, being the south
line of the said 202.149 acre Wolf Tract I, S 66° 50' 45" E, 722.38 feet to an iron pin found and
S 73° 17' 15" E, 267.59 feet to the Place of BEGINNING and containing 0.68 of an acre of land.
STATE OF TEXAS }
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
1
I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey
was made on the ground of the property legally described hereon and is correct, to the best of my
knowledge and belief.
To certify which, witness m hand and syal at Georgetown, Williamson County, Texas, this the
4 s 14 day 2006, A.D.
State of Texas
203774d -March 2006-2
Peterson
No. 3967
EXHIBIT
STEGE L__
1978 S. Austin Ave
Georgetown, Tic 78626
(512)930-9412
BEING 0.49 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of County Road No. 265. Surveyed on the ground in the month
of December, 2003, under the supervision of Don H. Buell, Registered Professional Land Surveyor, and
being more particularly described a follows;
BEGINNING at an iron pin set at the intersection of the Northwest line of Interstate Highway No. 35 and the
north line of State Highway No. 29, for the most easterly Southeast comer hereof;
THENCE, along the said north line of State Highway No. 29, S 89' 54' 30" W, 66.85 feet to an iron pin
found at the intersection of the said north line of State Highway No. 29 and the south line of County Road
No. 265, marking the most easterly comer of that certain tract of land, called 1.89 acres, as conveyed to Iva
Wolf McLachlan, Jay Wolf, Jr., lane Wolf Robertson, and Judy Wolf Hindelang, by deed recorded as
Document No. 2003124147 of the Official Records of Williamson County, Texas, for a comer hereof,
THENCE, along the north line of the said 1.89 acre McLachlan, et al, tract, being the south line of County
Road No. 265, N 71' 02' W, 1.66 feet to a point for the most easterly Southwest comer hereof;
THENCE, N 4' 32'E, 32.65 feet to a point for an interior corner hereof;
THENCE, N 75° 09' 30" W, 19.24 feet to a point; N 73' 11' 30" W, 205.13 feet to a point;
N 69' 17' 30" W, 70.88 feet to a point; N 66' 50' 45" W, 130.69 feet to a point and N 63' 58' W, 448.85
feet to a point for the most westerly Southwest comer hereof; said point being N 62' 49' W, 170.98 feet and
N 0' 54' E, 3059 feet from the most westerly Northwest comer of the said 1.89 acre McLachlan, et al, tract;
THENCE, N 0' 54' E, 22.09 feet to an iron pin set on the north line of County Road No. 265, being the
south line of that certain Tract 1, called 202.149 acres, as conveyed to Jay L. Wolf by deed as recorded in
Volume 1997, Page 953, of the Official Records of Williamson County, Texas, for the Northwest comer
hereof; said point being S 66' 50' 45" E, 138.87 feet from an iron pin found;
THENCE, S 63' 58' E, 457.71 feet to a point; S,66* 50' 45" E, 129.78 feel to a point; S 69.17' 30' E, 69.77
feet to a point and S 73' 11.30' E, 185.39 feet to a point for an interior comer hereof;
THENCE, N 16' 42' 45" E, 12.82 feet to a point on the north line of County Road No. 265, being the south
line of the said 202.149 acre Wolf Tract L for the most easterly Northwest comer hereof;
THENCE, along the said north line of County Road No, 265, being the south line of the said 202.149 acre
Wolf Tract 1, S 73' 17' 15" E, 20.00 feet to a point for the Northeast comer hereof;
THENCE, S 16' 42'45" W, 12.81 feet to a point for an interior comer hereof;
THENCE, S,75' 09' 30" E, 12220 feet to a point on the said Northwest line of Interstate Highway No. 35,
for the most easterly comer hereof; said point being S 57' 42'-15" W, 11.68 feet from a concrete monument
found;
THENCE, along the said Northwest line of interstate Highway No. 35, S 57' 42' 15" W, 47.77 feet to the
Place of BEGINNING and containing 0.49 of an acre of land.
STATE OF TEXAS )
COUNTY OF WB,LIAMSON
KNOW ALL MEN BY THESE PRESENTS:
}
I, Don H. Bimell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the
ground of the property legally described hereon and is correct, and that there are no apparent discrepancies,
conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown an the
accompanying plat, and that said property has access to and from a dedicated roadway, to the best of my
knowledge and belief.
To .cert 'ch, witness ian and seal at Georgetown, Williamson
` day of , 2004, A.D.
7
Registered Pro
20377id-attacl
County, Texas, this the
EXHIBIT
ii�rl
EXHIBIT "C"
(FORM OF QUITCLAIM DEED]
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER
DATE:
2006
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County,
Texas 78627
GRANTEE: Iva Wolf McLachlan„ Jay L. Wolf, Jr., Jane W. Robertson, Judy W. Hindelang, as our
sole and separate property.
GRANTEE'S Mailing Address (including County): c/o Iva Wolf McLachlan, 520 Wolf Road,
Georgetown, Texas 78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration
PROPERTY:
Being 0.49 of acre of land situated in the CLEMENT STUBBLEFIELD SURVEY,
Abstract No. 558, in Williamson County, Texas, being a portion of that certain tract of
land called 5.252 acres, as conveyed to the City of Georgetown by deed recorded in
Document No. 2005080398 of the Official Records of Williamson County, Texas, said
0.49 acre tract being more particularly described by metes and bounds in Exhibit "A"
attached hereto (the "Property").
For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and
quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to
have and to hold it unto GRANTEE, GRANTEE'S heirs and assigns, forever. Neither GRANTOR, nor
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the Property or any part of
it, SAVE AND EXCEPT for the easement for public utility purposes herein reserved.
There is hereby excepted and reserved unto Grantor, its successors and assigns, an EXCLUSIVE
easement and right of way (the "Easement"), over, under and across the following described real property, all or
part of which is contained within the above-described Property, to wit:
Public Utility Easement
Being 0.49 acre of land situated in the CLEMENT STUBBLEFIELD SURVEY, Abstract
No. 558, Williamson County, Texas, for a Public Utility Easement, said 0.49 acre tract
being more particularly described by metes and bounds in Exhibit "B" attached hereto
(the "Easement Area").
Quitclaim Deed abandoning east portion of CR ROW
Page I of 2
The Easement shall be for the purposes of constructing, laying, maintaining, operating,
repairing and replacing water, wastewater, storm water or drainage, electric, telephone, gas and/or
cable television lines and related facilities and equipment, together with the right of ingress and
egress upon and across the Property for the purposes of maintaining, operating, repairing and
replacing said lines and related equipment and facilities.
The Easement, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and
Grantor's successors and assigns, and Grantee covenants that Grantee shall not convey any other
conflicting easement or license to the area (or any portion of the area) covered by this grant.
EXECUTED this the _ day of 2006.
GRANTOR ATTEST:
CITY OF GEORGETOWN
By:
Gary Nelon, Mayor Sandra D. Lee, City Secretary
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLLAMSON
BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the City of
Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of , 2006.
Notary Public, State of Texas
APPROVED AS TO FORM:
Patricia E. Carts, Brown & Carts, LLP
City Attorney
AFTER RECORDING, RETURN TO:
Iva Wolf McLachlan
520 Wolf Road
Georgetown, Texas 78628
Quitclaim Deed abandoning east portion of CR ROW
Page 2 of 2
7
LEGAL DESCRH'TION FOR IVA WOLF MCLACHLAN, JAY WOLF, JR., JANE
WOLF ROBERTSON AND JUDY WOLF HINDELANG
BEING 0.49 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of that certain tract of land, called 5.252 acres, as
conveyed to the City of Georgetown, by deed recorded as Document No. 2005080398 of the
Official Records of Williamson County, Texas, Surveyed on the ground in the months of
December, 2003 and March, 2006, under the supervision of Brian F. Peterson, Registered
Professional Land Surveyor, and being more particularly described a follows;
BEGINNING at an iron pin found on the south line of the above -referenced 5.252 acre City of
Georgetown tract, marking the Northwest comer of that certain tract of land, called 1.89 acres, as
conveyed to Iva Wolf McLachlan, Jay Wolf Jr., Jane Wolf Robertson, and Judy Wolf Hindelang,
by deed recorded as Document No. 2003124147 of the Official Records of Williamson County,
Texas, being the Northeast comer of that certain tract of land, called 1.78 acres, as conveyed to
Judy W. I indelang, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf McLachlan, and James David
Wolf by deed recorded as Document No. 2003053281 of the Official Records of Williamson
County, Texas, for the Southwest comer hereof;
TRICE, N 6° 39' 15" E, 32.01 feet to a point for the Northwest corner hereof,
THENCE, S 64° 56' 30" E, 9.10 feet; S 65° 11' E, 274.23 feet; S 680 57' 30" W, 260.04 feet;
and S 72° 09' E, 156.54 feet to a point on the new north line of State Highway No. 29, for the
most easterly corner hereof;
THENCE, along the said new north line of State Highway No. 29, N 890 09' 45" W, 102.43 feet
to an iron pin set on the north line of the said 1.89 acre Iva Wolf McLachlan, et al, tract, for the
Southeast comer of the said 5.252 acre city of Georgetown tract, and the Northeast comer of that
certain tract of land, called 0.506 of an acre, as conveyed to the City of Georgetown by deed
recorded as Document No. 2004068073 of the Official Records of Williamson County, Texas,
for the Southeast comer hereof,
THENCE, along the said south line of the 5.252 acre City of Georgetown tract, being the north
line of the said 1.89 acre Iva Wolf McLachlan, et al, tract, N 71° 02' W, 321.83 feet to an iron
pin found and N 630 31' 30' W, 274.58 feet to the Place of BEGINNING and containing 0.49 of
an acre of land.
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON 1
I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey
was made on the ground of the property legally described hereon and is correct, to the best of my
knowledge and belief.
To certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this the
6 t ti day of /YI4 is 2006, A.D.
Brian F. Peterson
Re ' Tonal Land Surveyor, No. 3967
State of Texas
20377 -Id -March 2006-3
EXHIBIT
STEGE IZZEL1
1978 S. AuSlm Ave
Georgelo . TX 78626
(512)930-9412
BEING 0.49 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558, in
Williamson County, Texas, being a portion of County Road No. 265. Surveyed on the ground in the month
of December, 2003, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and
being more particularly described a follows;
BEGINNING at an inn pin set at the intersection of the Northwest line of Interstate Highway No. 35 and the
north line of State Highway No. 29, for the most easterly Southeast comer hereof;
THENCE, along the said north line of State Highway No. 29, S 89' 54' 30" W, 66.85 feet to an iron pin
found at the intersect'on of the said north line of State Highway No. 29 and the south line of County Road
No. 265, marking the most easterly comer of that certain tract,of land, called 1.89 acres, as conveyed to Iva
Wolf McLachlan, Jay Wolf, Jr., Jane Wolf Robertson, and Judy Wolf Hindelang, by deed recorded as
Document No. 2003124147 of the Official Records of Williamson County, Texas, for a comer hereof;
THENCE, along the north line of the said 1.89 acre McLachlan, el at, tract, being the south line of County
Road No. 265, N 71' 02' W, 1.66 feet to a point for the most easterly Southwest corner hereof;
THENCE, N 4' 32' E, 32.65 feet to a point for an interior comer hereof;
THENCE, N 75' 09' 30" W, 19.24 feet to a point; N 73' 11' 30" W, 205.13 feet to a point;
N 69' 17' 30" W, 70.68 feet to a point; N 666 50' 45" W, 130.69 feet to a point and N 63' 58' W, 448.85
feet to a point for the most westerly Southwest comer hereof; said point being N 62' 49' W, 170.98 feet and
N 0' 54' E, 30.59 feet from the most westerly Northwest corner of the said 1.89 acre McLachlan, et al, tract;
THENCE, N 0' 54' E, 22.09 feet to an iron pin set on the north line of County Road No. 265, being the
south fine of that certain Tract 1, called 202.149 acres, as conveyed to Jay L. Wolf by deed as recorded in
Volume 1997, Page 953, of the Official Records of Williamson County, Texas, for the Northwest corner
hereof; said point being S 66' 50' 45" E, 138.87 feet from an iron pin found;
THENCE, S 63' 58' E, 457.71 feet to a point; S 669 50' 45" F, 129.78 feet to a point; S 69' 17' 30' E, 69.77
feet to a point and S 73' 11' 30' E, 185.39 feet to a point for an interior comer hereof;
THENCE, N 16' 42' 45" E, 12.82 feet to a point on the north line of County Road No. 265, being the south
line of the said 202.149 acre Wolf Tract 1, for the most easterly Northwest comer hereof,
THENCE, along the said north line of County Road No. 265, being the south line of the said 202.149 acre
Wolf Tract 1, S 73' 17' 15" E, 20.00 feet to a point for the Northeast comer hereof;
THENCE, S 16' 42' 45" W, 12.81 feet to a point for an interior comer hereof;
THENCE, S •75' 09' 30" E, 12220 feet to a point on the said Northwest line of Interstate Highway No. 35,
for the most easterly comer hereof; said point being S 57' 42' 15" W, 11.68 feet from a concrete monument
found;
THENCE, along the said Northwest line of Interstate Highway No. 35, S 57' 42' 15" W, 47.77 feet to the
Place of BEGINNING and containing 0.49 of an acre of land.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON }
1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the
ground of the property legally described hereon and is correct, and that there are no apparent discrepancies,
conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the
accompanying plat, and that said property has access to and from a dedicated roadway, to the best of my
knowledge and belief. '
To.cent ch, witness my-,ganq, and seal at Georgetown, Williamson County, Texas, this the
` day of 2004, A.D.
/ t
OF,.
EXHIBIT
�� F
Don H. Bizzell �P,o�aregF.+
Registered Professia al rand Surveyor, No. 2218 j a• o ; Cl
State of Texas
.DONH.�fiBIZZELL
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Council Meeting Date: July 11, 2006 Item No. (-) —a
AGENDA ITEM COVER SHEET
SUBJECT:
SECOND READING OF AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS
ORDERING THE DISMISSAL OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION'S
APPLICATION FOR AN INTERIM GAS RELIABILITY INFRASTRUCTURE PROGRAM
ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING THAT THE MEETING COMPLIED
WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
ITEM SUMMARY:
Atmos filed for a $12 million interim GRIP adjustment on March 31, 2006. On May 31, 2006
Atmos filed a general rate case with the City Secretary for $72 million, including $12 million for the
interim GRIP adjustment. The Texas Legislature authorized interim GRIP adjustments between
general rate cases. The GRIP statute was never intended to permit a request for an interim
adjustment while a general rate case was pending. Further, the City instituted a show cause
proceeding pursuant to GURA § 104.151. Under that statute the City has the authority to dismiss
the pending interim GRIP adjustment request.
It is wasteful of money and resources to have two proceedings pending before the City in
which Atmos is requesting recovery of GRIP 2005. There is no need for an interim rate adjustment
when the same infrastructure projects are currently being reviewed as part of a full blown rate case.
Under Texas law Atmos may request GRIP only if it has had its rates set as part of a general
rate case within two years prior to making the request for an interim GRIP adjustment Atmos Mid -
Tex did not exist before October 2004. It has never had its rates set as part of a general rate case.
While it is true that TXU Gas had its rates set in 2004, Atmos Mid -Tex has never undergone such a
review. On a cost or ratemaking basis the two utilities are as different as night and day. Atmos did
not step into the shoes of TXU Gas. In fact, TXU Gas as a corporate entity still exists today.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
NONE
COMMENTS:
NONE
ATTACHMENTS:
Ordinance
Submitted Byi6im Briggs, ' U Trish Carls
Assistant City Manager City Attorney
for Utilities
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ORDERING THE DISMISSAL
OF ATMOS ENERGY CORPORATION, MID-TEX
DIVISION'S APPLICATION FOR AN INTERIM GAS
RELIABILITY INFRASTRUCTURE PROGRAM
ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING
THAT THE MEETING COMPLIED WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, on or about March 31, 2006 the Atmos Energy Corporation's Mid -
Tex Division ("Atmos Energy' or "Atmos") filed an application with the City of
Georgetown, Texas ("City") to increase gas rates for its Gas Reliability Infrastructure
Program ("GRIP") for calendar year 2005; and
WHEREAS, the GRIP 2005 adjustment, if adopted, would result in an increase in
rates of approximately $12 million; and
WHEREAS, on or about May 31, 2006 Atmos filed a Statement of Intent to
increase rates system -wide by $72 million, including a request to recover the $12 million
for GRIP 2005; and
WHEREAS, the Statement of Intent also included a request to recover the $12
million for GRIP 2005; and
WHEREAS, the Texas Legislature never intended to allow Atmos to be able to
request an interim 2005 GRIP adjustment while a general rate case or Statement of Intent
is pending before local and state regulatory authorities.
Ordinance No.
ATMOS — GRIP Denial
Page 1 of 3
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT:
Section 1. That the statements set out in the preamble to this ordinance are
hereby in all things approved and adopted. The City Council hereby finds that this
Ordinance implements the Utility Policy Statement 11.00 of the Century Plan - Policy
Plan Element, which states: "City owned, sponsored or managed utilities are competitively
priced and provide safe, adequate and reliable services to all customers." and further finds that
the adoption 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 of the Policy
Plan.
Section 2. It is not appropriate for Atmos Energy to request recovery of an
interim GRIP adjustment while a general rate case is pending.
Section 3. The application for an interim GRIP adjustment for calendar year
2005 is in all respects dismissed for want of jurisdiction.
Section 4. The City Secretary shall notify Atmos Energy of this ordinance by
sending a copy of same to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1823, Dallas, Texas 75240-2601 and ATM shall be notified by sending a
copy of this ordinance to Mr. Jim Boyle, Special Counsel for the ATM cities, by fax to
(512) 474-2507.
Section 5. The meeting at which this ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings act, Texas
Government Code, Chapter 551.
Ordinance No.
ATMOS — GRIP Denial
Page 2 of 3
Section 6. All ordinances and resolutions that are in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other
ordinances and resolutions of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 7. 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 8. The Mayor is hereby authorized to sign this ordinance and the
City Secretary to attest. This ordinance shall become effective in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED ON FIRST READING on the J " day of June, 2006.
PASSED AND APPROVED ON SECOND READING on the Y—* day of July, 2006.
ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
BROWN & CARLS, LLP, City Attorney
Ordinance No.
ATMOS — GRIP Denial
Page 3 of 3
THE CITY OF GEORGETOWN:
Gary Nelon, Mayor