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HomeMy WebLinkAboutAgenda CC 06.27.2006Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, June 27, 2006 The Georgetown City Council will meet on Tuesday, June 27, 2006 at 06:00:00 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. 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.551.086 Competitive Matters - Consideration of Power Supply options for calendar year December 2006 -December 2007 — Jim Briggs, Assistant City Manager for Utility Operations C 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.) D Call to Order E Pledge of Allegiance F 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 Building Standards Commission G Announcements and Comments from City Manager H Public Wishing to Address Council City Council Agenda/June 27, 2006 Page 1 of 4 Page As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. I Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 12, and the Council Meeting on Tuesday, June 13, 2006 — Sandra D. Lee, City Secretary K Consideration of an award of the annual bid for office supplies to Corporate Express in the estimated amount of $48,000.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration L Consideration and possible action to approve a resolution approving an agreement with JP Morgan Chase to serve as the City's depository for the two years beginning September 1, 2006 — Leticia Zavala, Accounting Manager and Micki Rundell, Director of Finance and Administration M Consideration and possible action to approve a Letter of Understanding with Brockway, Gersbach, McKinnon & Niemeier, P.C. to perform the independent audit of City accounts for fiscal year ended September 30, 2006 — Leticia Zavala, Accounting Manager & Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve a Final Plat to be known as the Repiat of Lots 17-32, Block A, Briarwood, Section Four, located on the eastern end of Algerita Drive — Melissa McCollum, AICP, and Bobby Ray, AICP, Director of Planning and Development O Consideration and possible action to approve a Preliminary Plat for 35.58 acres in the William Roberts Survey to be known as the Grace Academy Subdivision, located 1/2 mile southeast of Shell Road on State Highway 195 -- Melissa McCollum, AICP, and Bobby Ray, AICP, Director of Planning and Development P Consideration and possible action to approve a Public Review Final Plat for 32.5897 acres in the Joseph Fish, Leroy B. Lord, and William Roberts Surveys to be known as Georgetown Village Planned Unit Development, Section Six, located along Village Commons Boulevard — Cada Benton, Development Planner and Bobby Ray, AICP, Director of Planning and Development Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Q Presentation and discussion on the City's current Public Smoking Ordinance, Chapter 8.32 of the Code of Ordinances, and possible action and direction to staff — Paul E. Brandenburg, City Manager R Consideration and possible action to approve an Emergency Services contract between the City of Georgetown and Williamson County Emergency Services District #8 to provide fire and emergency services — Anthony Lincoln, Fire Chief and Paul Brandenburg, City Manager S Consideration and possible action for the award of the annual bid for janitorial and floor cleaning services to Capitol City Janitorial, Inc. in the estimated amount of $208,910.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration T Consideration and possible action to approve a resolution expressing official intent to reimburse costs associated with the removal of excess spoils and brush from the City's old landfill, not to exceed $560,000 with proceeds from bonds that will be issued at a later time — Micki Rundell, Director of Finance and Administration U Consideration and possible action to approve an Agreement with Texas Landfill Management (TLM,) an City Council Agenda/June 27, 2006 Page 2 of 4 Page affiliate of Texas Disposal Systems (TDS) to begin site cleanup of the closed landfill for a cost not to exceed $560,000 — Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration V Consideration and possible action to amend the development agreement with 500 South Austin Avenue, LP, to extend the construction commencement date by 30 days -- Paul E. Brandenburg, City Manager W Consideration and possible action to direct staff to look into traffic calming devices, such as speed and v� cloud bumps; and also to look into the issues and cost of decreasing the speed limit from 30 to 25 mph in u residential areas — Gabe Sensing, Counciimember District 2 X Forwarded from Georgetown Utility System (GUS) Board 1. Consideration and possible action to award the annual bid for flexible base material, sand rock, and sandy loam to Georgetown Transportation of Jarrell and DSD Trucking of Georgetown, in the estimated total amount of $113,525.00 — Marsha Iwers, Purchasing Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve the renewal of the annual Electric Utility Services W(((III Agreement between LCRA and GUS Electric — Michael Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 3. Consideration and possible action to award the bid to Austin Filter System of Austin for construction of the Downtown Storm Water Quality Ponds, in the amount of $764,611.00 — Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations 4. Consideration and possible action to award a contract to Shelton & Shelton Plumbing, L.P. of Killeen for the construction of the West Loop Water Line Improvement and to establish a project budget of $656,295.90 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 5. Consideration and possible action to award a contract to insitufonn Technologies, Inc. of Houston for the EARZ Phase III Remediation and to establish a project budget of $202,725.60 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 6. Consideration and possible action to replace the existing BRA system water contract for Alliance water originating out of the LCRA Basin with a system water contract originating out of the Brazos Basin with an additional cost of no more than $40,000 for the remainder of this fiscal year — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Y Second Readings 1. Second Reading of an Ordinance amending the 2005/06 Annual Operating Plan Element (Budget) for public safety compensation — Laurie Brewer, Assistant Director of Finance and Administration and Micki Rundell, Director of Finance and Administration 2. Second Reading of an Ordinance amending Chapter 8.20 of the Code of Ordinances relating to nuisances -- Dave Hall, Inspection Services Director and Tom Yantis, Assistant City Manager 3. Second Reading of an Ordinance on a voluntary annexation into the City for 650.22 acres, more or less, in the Frederick Foy Survey and Daniel Moore Survey, located south of the future Ronald Reagan Boulevard and west of Sun City Boulevard, for Sun City Northern Land — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development 4. Second Reading of an Ordinance on a voluntary annexation into the City for 0.892 acres of Right of Way, more or less, in the Joseph P. Pulsifer Survey and Clement Stubblefield Survey, for CR 265 Right of Way— Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development 5. Second Reading of an Ordinance on a voluntary annexation into the City for 5.772 acres of Right of Way, more or less, in the Joseph P. Pulsifer Survey, for Wolf Ranch Parkway Right of Way— Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development City Council Agenda/June 27, 2006 Page 3 of 4 Page PubliaHearings/First Readings 1. First Reading of an ordinance providing for the abandonment by quitclaim deed of a portion of CR 265 and providing for the terms and conditions of such abandonment — Tem Glasby Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations 2. First 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. Cads, City Attorney 3. Public Hearing and First 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 of Planning and Development 4. Public Hearing and First 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 of Planning and Development 5. First Reading of an Ordinance for a Comprehensive Plan Amendment to change to 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, Principal Planner and Bobby Ray, AICP, Director Planning and Development 6. First 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 AA Appointments 1. Consideration and possible action to approve the appointment of William Mateja to the Parks and Recreation Advisory Board to fill a position that expires in February, 2007 — Mayor Gary Nelon 2. Consideration and possible action to elevate Linda McCalla from Alternate to Regular position on the Historic and Architectural Review Commission (HARC) — Mayor Gary Nelon Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2006, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary City Council Agenda/June 27, 2006 Page 4 of 4 Page Council Meeting Date: June 27, 2006 Item No. AGENDA ITEM COVER SHEET C�FDENT1Al EXECUTIVE SESSION SUBJECT: Consideration of Power Supply options for calendar year December 2006 - December 2007. ITEM SUMMARY: Each year we discuss our power supply options for the coming calendar year with' the board. The last twelve years we have participated in the "Market Pricing Option" plan offered by our contract with the LORA. This year due to last year's hurricane season in the gulf, we were unable to negotiate a contract outside of LORA for our MPO, and were a 100% customer of LORA. This year wholesale energy costs and natural gas prices have settled back down to a level that has allowed our aggregate group to complete the RFP process. Once again, we will be able to aggregate other LCRA customers' blocks of energy to possibly assist us in increasing our MPO share. Our discussion with the Board will center on our current options and where we think that we should lock our energy for next year. We will need a recommendation from the board out of executive session authorizing staff to proceed with the "Market Pricing Option" for calendar year 2006-2007. If, prior to our election date of September 1, 2006, we are able to aggregate a larger load amount from other customers, staff will inform the board that the percentages will be different all within the Market Pricing Option authorization. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: NONE COMMENTS: NONE ATTACHMENTS: Information on this item will be presented in executive session during the meeting due to its confidential nature. Submitted By: Utility Manager cod` Confidential Market Purchase Option Savings for LCRA's Customers LCRA has recently published Price $elect 2007 indicative rates. These are listed below in Table 1. Shown is the difference between the 100% Load Scenario and the 90% Load Scenario. The 100% load scenario represents LCRA serving the entire native load. The 90% Load Scenario represents LCRA serving the remaining load when the Customers provide 10% through the Market Purchase Option (MPO). The MPO allows customers to purchase up to 10% of their load through an outside supplier. The 90% scenario assumes that all of the eligible MPO is developed by the customers. If this occurred the relative rate reduction would create a savings to the load served by LCRA of $30 to $50 Million depending on the price of gas. Why Do These Saving Occur? Normally fixed costs become a smaller and smaller fraction of the total costs as production rises. But LCRA's has a fixed amount of low cost generation assets and must purchase higher cost supplies to serve their load over a certain level of output. This incremental supply that is purchased in the market is more expensive than the base generation costs. For instances, average coal costs for LCRA are approximately $10 per MWh. But market purchases of gas based generation in ERCOT are approximately $75 per MWh. So when LCRA allows ten percent of its load to find its own outside supply, it avoids costs that are significantly higher than its average production costs. LCRA saves: fuel costs, capacity costs, ERCOT reserve margins, and power purchase costs when it serves a smaller load. Although some fixed costs must be spread over a smaller load adding to rates; but this increase is much smaller than the overall savings. Overall the rate reduction ranges in reducing load served is from 4.7% to 8.6%, see Table 1. What is important for the Customers to know is that the 10% outside supplier can be purchased at a higher rate than LCRA, but still produce overall savings. The LCRA rate reduction applies to the large fraction of supply, i.e. the remaining 90%. The total costs are reduced even with a higher cost outside supplier because this is a smaller - fraction only 10%. This can be seen in Table 2. The Example Customer has a load of 1,000,000 MWhs. Its LCRA rates are reduced and as a result the 10% MPO can be higher and still produce an overall savings. The breakeven rate of the outside supplier is given in Table 2. Note that any outside supplier price lower than 40% to 60% above LCRA's rates still create a net savings. Table 1. 1,000,000 MWhs Gas Price $ 7.50 Gas Price $ 7.50 $ 8.80 1 $ 10.50 1per MMBtu 100% Load Scenario Firm Rate $ 0.054 $ 0.059 $ 0.066 per kWh Firm Rate $ 0.054 $ 0.059 1 $ 0.066!per kWh Interruptible Rate $ 0.045 $ 0.050 1 $ 0.056 1 per kWh LCRA Load 90% Load Scenario per kWh 12,800,000 1 MWhs MWhs MWhs Firm Rate $ 0.051 $ 0.055 1 $ 0.061]per kWh Interruptible Rate $ 0.042 1 $ 0.046 1 $ 0.051 per kWh LCRA Load 11,800,000 MWhs Reduction in Rates Due to MPO Firm $ 0.0025 $ 0.0035 $ 0.0043 per kWh Interruptible $ 0.0034 1 $ 0.0042 $ 0.0048 per kWh Firm Rate % Reduction Interruptible Rate % Reduction 4.7%1 7.5%1 5.9%1 8.4%1 6.6% 8.6% Table 2. Example Customer Load 1,000,000 MWhs Gas Price $ 7.50 $ 8.80 $ 10.50 er MMBtu Firm Rate $ 0.054 $ 0.059 $ 0.066 per kWh Cost $ 53,600,000 $ 58,900,000 $ 65,500,000 Customer Uses Outside Supplier Firm Rate $ 0.051 $ 0.055 $ 0.061 per kWh Example Customer's Load MPO Load 900,000 100,000 MWhs MWhs LCRA Cost 90% $ 45,990,000 $ 49,860,000 $ 55,080,000 MPO Incremental Breakeven Rate for 10% $ 0.076 $ 0.090 $ 0.104 per kWh Breakeven Rates Above LCRA's 42.0% 53.5% 59.10/ Council Meeting Date: June 27, 2006 Item No. X AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to award the annual bid for flexible base material, sand, rock, and sandy loam to Georgetown Transportation, of Jarrell, TX and DSD Trucking, of Georgetown, TX, in the estimated total amount of $113,525.00. ITEM SUMMARY: Bids were received to provide the City with standard flex base, washed manufactured sand, sandy loam and 3/8" rock to be used in the construction and maintenance of the City streets, and water and electric distribution systems. The base is used primarily for repairing street cuts and new construction, and the sand and rock are used for bedding pipe before burying. The staff recommendation is to award this bid to the low bidders responding, Georgetown Transportation of Jarrell and DSD Trucking of Georgetown, as designated on the attached bid tabulation. The unit prices bid includes delivery and stock piling of the material at our facility. The using departments will order materials on as needed basis. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Total estimated amount of this bid is $113,525.00. Funds for this expenditure were budgeted in maintenance of streets and in water and electric maintenance. GUS BOARD RECOMMENDATION: This bid was approved by the GUS Board at the June 20, 2006 meeting, STAFF RECOMMENDATION: The staff recommendation is to award this bid to the low bidders responding, Georgetown Transportation of Jarrell and DSD Trucking of Georgetown, as designated on the attached bid tabulation. COMMENTS: None ATTACHMENTS: 1. $id Tabulation tted By: Marsha Iwers Purchasing Manager n r1 to ity Manager for Uti ity Operations FLEXIBLE BASE MATERIAL, A"-- -AND & 3/8" ROCK & SANDY L July 1, 2006 -June 30, BID NO. 26023 I ccnpnarnwu DESCRIPTION Unit Lot 1 Standard Flex Base to meet specifications for Texas Highway Dept. No. 247. Type A, Grade 1 Ton Delivery of Flex Base - Grade 1 Ton Subtotal Grade 1 Standard Flex Base to meet specifications for Texas Highway Dept No. 247, Type A. Grade 2 Ton Delivery of Flex Base - Grade 2 Ton Subtotal Grade 2 Total Lot 1, Grades 1 & 2 Lott Washed Manufactured Sand TCS #270 specifications Ton Delivery of Sand Ton Total Lot 2 Lot 3 3/8' Rock, Type F, TCS Material #265 specifications Ton Delivery of Rock Ton Total Lot 3 Lot Sandy Loam Ton Delivery of Sandy Loam Ton Total Lot 4 ESTIMATED GRAND TOTAL $113,525.00 SIIPFRIr1R TEXAS EST, CITY 5,000 DSDTRUCK TRANSPORTATION CRUSHED STONE CRUSHED STONE 4.60 5.00 8.25 4.90 5,000 4.05 2.50 1 9.251 no bid denvm Material & Delivery 2,500 8.65 43,250.00 4.20 7.50 37,500.00 5.00 17.50 87,500.00 8.00 did �t mem suet's 4.70 2,500 4.05 2.50 9.00 no ad deny Material & Delivery 8.25 20,625.00 63,875.00 7.50 18,750.00 •56 250.00 17.00 42,500.00 130,000.00 did nM meet space da not meet s 3,000 7.65 7.90 8.50 8.10 3,000 4.05 2.50 9.50 rw bM delNery Material & Delvery 11.70 35 100.00 10.408 31,200.00 _()0 54,000.00 m mt meet a 2,000 7.65 7.90 10.75 8.10 2,000 4.05 2.50 11.75 r,o cid e Material & Delivery 11.70 23,400.00 10.40 20,80(1 22.50 45,000. did not meets 's 500 6.50 NO BID 9.50 NO BID 500 4.05 NO BID 9.50 NO BID Material & Delivery 10.55 5,275.00, NO BID NO BID 19.00 9,500.00 NO BID 'Awarded Vendors 'Lot 1, 2, 3 - Georgetown Transportation, Georgetown, TX "Lot 4 - DSD Trucking, Georgetown, TX TX Crushed Stone - did not meet specifications (no delivery available) No response Austin Bridge & Road Austin Crushed Stone Capitol Aggregates Centex Materials Pope Materials RTI Materials Travis Aggregates 6/6/2006260230exbasetab Council Meeting Date: June 27, 2006 AGENDA ITEM COVER SHEET Item No. Y -a SUBJECT: Consideration and possible action to approve the renewal of the annual Electric Utility Services Agreement between LORA and GUS Electric. ITEM SUMMARY: This agreement allows GUS Electric to continue to use the services of the LCRA Technical Services group for items ranging from Equipment Testing, Environmental Services, Engineering Services, Protective and Diagnostic Equipment Testing, and Technical and Operational Services. In 2004 Electric Distribution Construction Services were added as a service that will be available to all LCRA customers SPECIAL CONSIDERATIONS: This agreement formerly known as the Technical Services Agreement has been in effect since 1979, and has served both utilities well. FINANCIAL IMPACT: Funds not to exceed $150,000.00 are to be paid from the electric capital improvement project accounts only as required. GUS BOARD RECOMMENDATION: GUS Board recommended approval at the June 20, 2006 meeting. Approved 7-0 STAFF RECOMMENDATION: COMMENTS: GUS Electric is currently working with the LORA on a SPCC plan for the electrical storage yards, Substation integration plan, and Substation inspections ATTACHMENTS: None 11---7 Submitted By: Mike OtSyben J m ri Energy Services sta t ity Manager Manager for Utility Operations Agenda Item Check List Agenda Item: Agenda Item Subject: Is this a Capital Improvement Project: Council Date: ff Financial Impact Renewal of annual electric utility services agreement with LCRA Renewal of annual electric utility services agreement with LCRA • Yes O No 06/27/2006 link to Agenda database => Q Need Help? Was it budgeted? 0 Yes O No Is it within the approved budgeted amount? • Yes O No If not, where is the money coming from? G/L Account Number Various CIP Accounts Amount Going to Council $ 150,000.00 Is there something (budgeted) that won't get O Yes 0 No done because you are spending these funds? If so, please explain. Will this have an impact on the next year's O Yes 0 No budget? If so, please explain. Does this project have future revenue - Yes 0 No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: Yes 0 No If so, what division(s)? Prepared by: Mike Mayben Date: 06/16/2006 Agenda Item Checklist: Approved on 06/16,2006 ApproversrAnalyst signed Notified Received Status Changed Status Jim Briggst City 06/16/2006 06/16/2006 6/16/2006 06/16/2006 Approved Jose Lara 06/16/2006 06/16/2006 6/16/2006 06/16/2006 Approved nancial Approval Cycle Settings Council Meeting Date: June 27, 2006 AGENDA ITEM COVER SHEET Item No. Y, - s SUBJECT: Consideration and possible action to award the bid to Austin Filter System of Austin, Texas for construction of the Downtown Storm Water Quality Ponds, in the amount of $764,611.00. ITEM SUbDWY: Bids were taken on May 25, 2006 at 2:00 P.M. for the construction of the Downtown Storm Water Quality Ponds. Four contractors picked up plans and two bids were received to construct the ponds. The low bid was received from Austin Filter System Inc. The consulting engineer, Raymond Chan & Associates, Inc. has evaluated and compared the two bids received. Based on the review of the bids and the findings that Austin Filter System has satisfactorily performed work of similar nature, the engineer believes the low bid to be the best bid. SPECIAL CONSIDERATIONS: FINANCIAL IMPACT: This project will be funded out of the Storm Water Utility Capital Fund Account# 641-101-6617-00 GUS BOARD RECOMMENDATION: GUS Board recommended approval at the June 20, 2006 meeting. Approved 7-0 STAFF RECOMMENDATION: COMMENTS: ATTACHMENTS: 1. Engineer's Letter of recommendation 2. Bid Sheet comparison Submitted By: Mark Miller, J' B ig s Transportation Services A ' tani y Manager Manager for Utility Operations RAYMOND CHAN & ASSOCIATES, INC. Consulting Civil Engineers 4319 James Casey Street • Austin, Texas 7874) Office: (512) 480-8155 • Fax: (512) 480-8811 June 13, 2006 Mr. Michael Hallmark Senior Construction Technician City of Georgetown 300 Industrial Avenue Georgetown, TX 78626 Re: Downtown Overlay District Regional Water Quality Ponds Engineer's Recommendation for Bid Award Dear Mr. Hallmark: Raymond Chan & Associates, Inc (RC&A) has reviewed the bids received for the referenced project. Attached is a line item bid tab comparison between the two contractors who bid on the project, Austin Filter System and Joe Bland Construction. Based upon our review of the bids received, Austin Filter System appears to be the low bidder. Austin Filter System has satisfactorily performed work of similar nature and therefore we believe this is the lowest and best bid. RC&A recommends for the City of Georgetown to enter into a contract with Austin Filter System to construct the proposed improvements as detailed in the construction documents. Please feel free to contact us should you have any questions. Sincerely, RRAYYMM/O'ND7CHAN & ASSOCIATES, INC. Tom Curran, P.E. Associate City c rgetown Downtow :rlay Project Bid Comparison Austin Filter System Joe Bland Construction A-1 100% LS Mobilization, Bond & Insurance $ 15,000.00 $ 15,000.00 $ 30,000.00 $ 30,000.00 Control Plan for Vehicular & A-2 100% LS Pedestrian Traffic $ 4,000.00 $ 4,000.00 $ 1,000.00 $ 1,000.00 For Barricades, Traffic Control A-3 1005 LS Plan Implementation $ 8,000.00 $ 8,000.00 $ 3,000.00 $ 3,000.00 B-1 243 LF Silt Fence $ 1.90 $ 461.70 $ 1.50 $ 364.50 B-2 26 LF Rock Berm $ 23.00 $ 598.00 $ 15.00 $ 390.00 B-3 50 LF Inlet Protection $ 6.00 $ 300.00 $ 6.00 $ 300.00 B-4 375 LF Protective Tree Fencing $ 4.00 $ 1,500.00 $ 2.00 $ 750.00 Orange Mess Construction B-5 336 LF Fencing $ 3.50 $ 1,176.00 $ 1.50 $ 504.00 B-6 1 EA Stabilized Construction Entrance $ 3,356.10 $ 3,356.10 $ 1,200.00 $ 1,200.00 B-7 0.75 AC Clearing and Grubbing $ 40,000.00 $ 30,000.00 $ 1,530.00 $ 1,147.50 B-8 97 CY Excavation with on-site re -use $ 16.00 $ 1,552.00 $ 13.00 $ 1,261.00 B-9 2,267 CY Excavation with off-site disposal $ 8.00 $ 18,136.00 $ 20.00 $ 45,340.00 B-10 8640 SF Clay liner $ 1.00 $ 8,640.00 $ 3.00 $ 25,920.00 City ( )rgetown Downtov erlay Project Bid Comparison B-11 0 CY Borrow $ 50.00 $ B-1�_ 133 CY Top Soil $ 27.00 $ 3,591.00 $ 9.00 $ 1,197.00 Limestone Boulder Block Wall B-13 3845 SF (face foot) $ 37.00 $ 142,265.00 $ 42.00 $ 161,490.00 B-14 47 LF 18 -Inch RCP $ 71.00 $ 3,337.00 $ 55.00 $ 2,585.00 B-15 88 LF 36 -Inch RCP $ 165.00 $ 14,520.00 $ 95.00 $ 8,360.00 B-16 1 Each Splitter Box $ 16,000.00 $ 16,000.00 $ 8,100.00 $ 8,100.00 B-17 1 Each Outlet Riser Structure $ 7,200.00 $ 7,200.00 $ 2,300.00 $ 2,300.00 B-18 1 Each Storm Drain Outlet Headwall $ 3,300.00 $ 3,300.00 $ 1,800.00 $ 1,800.00 Storm Drain Outlet Apron, with B-19 1 Each plantings $ 2,600.00 $ 2,600.00 $ 3,200.00 $ 3,200.00 B-20 7028 SF Erosion Control Blanket $ 0.20 $ 1,405.60 $ 1.30 $ 9,136.40 B-21 480 LF 4 -ft High Aluminum Fencing $ 47.50 $ 22,800.00 $ 42.00 $ 20,160.00 B-22 1 EA 12' Wide Aluminum Double Gate $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 B-23 14,753 SF Grass Rrevegetation $ 0.20 $ 2,950.60 $ 0.25 $ 3,688.25 1 -Gallon Native Grasses, Variety B-24 87 EA (Bluestem, Muhlys etc.) $ 14.00 $ 1,218.00 $ 13.00 $ 1,131.00 City orgetown Downto, erlay Project Bid Comparison B-25 2 EA 5 -Gallon Mountain Laurel $ 38.00 $ 76.00 $ 42.00 $ 84.00 B-26 1 EA 2 -inch caliper Texas Pistachio $ 400.00 $ 400.00 $ 42.00 $ 42.00 B-27 2 EA 5 -gallon Flameleaf Sumac $ 38.00 $ 76.00 $ 42.00 $ 84.00 B-28 10 CY Rock Riprap (18" D50) $ 83.00 $ 830.00 $ 62.00 $ 620.00 D-4 1 EA subtotal $ 3,191.40 $ 316,289.00 $ 1,200.00 $ 337,154.65 C-1 100% LS Mobilization, Bonds & Insurance $ 22,000.00 $ 22,000.00 $ 30,000.00 $ 30,000.00 Control Plan for Vehicular & C-2 100% LS Pedestrian Traffic $ 4,000.00 $ 4,000.00 $ 1,000.00 $ 1,000.00 Barricades, Traffice Control Plan C-3 100% LS Implementation $ 8,000.00 $ 8,000.00 $ 3,000.00 $ 3,000.00 D-1 685 LF Silt Fence $ 1.90 $ 1,301.50$ 1.50 $ 1,027.50 D-2 79 LF Rock Berm $ 23.00 $ 1,817.00 $ 15.00 $ 1,185.00 Orange Mesh Construction D-3 330 LS Fencing $ 3.50 $ 1,155.00 $ 1.50 $ 495.00 D-4 1 EA Stabilized Construciton Entrance $ 3,191.40 $ 3,191.40 $ 1,200.00 $ 1,200.00 D-5 2.75 AC Clearing and Grubbing $ 10,000.00 $ 27,500.00 $ 1,530.00 $ 4,207.50 City i xgetown Downtov erlay Project Bid Comparison D-6 3,116 CY Excavation, with on-site re -use $ 10.00 $ 31,160.00 $ 13.00 $ 40,508.00 Excavation, with off-site disposal D -7a 2,938 CY of earthen material $ 18.00 $ 52,884.00 $ 20.00 $ 58,760.00 Excavation, with off-site disposal D -7b 2,937 CY of construction debris $ 26.00 $ 76,362.00 $ 27.00 $ 79,299.uu D-8 47,925 SF Clay Liner $ 0.50 $ 23,962.50 $ 3.00 $ 143,775.00 D-9 1 CY Borrow $ 50.00 $ 50.00 D-10 740 CY Top Soil $ 24.00 $ 17,760.00 $ 9.00 $ 6,660.00 Limestone Boulder Block Wall D-11 925 SF (face foot) $ 42.00 $ 38,850.00 $ 42.00 $ 38,850.00 D-12 292 LF 18 -inch RCP $ 71.00 $ 20,732.00 $ 55.00 $ 16,060.00 D-13 52 LF 36 -inch RCP $ 130.00 $ 6,760.00 $ 95.00 $ 4,940.00 D-14 1 LS Splitter Box $ 30,000.00 $ 30,000.00 $ 8,100.00 $ 8,100.00 D-15 2 EA Outlet Riser Structure $ 7,500.00 $ 15,000.00 $ 2,300.00 $ 4,600.00 D-16 2 EA Storm Drain Outlet Headwall $ 3,300.00 $ 6,600.00 $ 1,800.00 $ 3,600.00 Storm Drain Outlet Apron, with D-17 2 EA Plantings $ 2,600.00 $ 5,200.00 $ 3,200.00 $ 6,400.00 D-18 56,055 SF Erosion Control Blanket $ 0.20 $ 11,211.00 $ 0.25 $ 14,013.75 City orgetown Downton erlay Project Bid Comparison D-19 220 LF 4 -ft High Aluminum Fencing $ D-20 92,668 SF Grass Revegetation $ 9,240.00 0.20 1 -gallon Native Grasses, Variety D-21 193 EA (Bluestem, Muhly's etc) $ D-22 10 EA 2 -inch caliper Bald Cypress $ D-23 92 CY Rock Riprap (18" D50) $ subtotal: 46.50 $ 10,230.00$ 42.00 $ 9,240.00 0.20 $ 18,533.60 $ 0.25 $ 23,167.00 14.00 $ 2,702.00 $ 13.00 $ 2,509.00 400.00 $ 4,000.00 $ 42.00 $ 420.00 80.00 $ 7,360.00 $ 62.00 $ 5,704.00 $ 448,322.00 $ 508,720.75 GRAND TOTAL: $ 764,611.00 M $ 845,875.40 Council Meeting Date: June 27, 2006 AGENDA ITEM COVER SHEET Item No. �1 SUBJECT: Consideration and possible action to award a contract to Shelton & Shelton Plumbing, L.P. of Killeen, Texas for the construction of the West Loop Water Line Improvement and to establish a project budget of $656,295.90. ITEM SUMMARY: This construction project installs a 24" water line along D. B. Wood Road from Mesa Ranch Drive to Hwy 29. The new water line continues the existing West Loop water line and will provide for transmission of water from the Lake Water Treatment Plant to the southern part of the water service area. The project is part of the Water Master Plan. There were thirteen plan holders and eight bids received for this project. The engineering firm responsible to review the bids, Kasberg, Patrick, and Associates (KPA), has recommended the award of the bid to the low bidder, Shelton & Shelton Plumbing L.P., 584 W. Stagecoach Rd. Killeen, Texas 76542 for the bid of $596,632.64. Staff recommends establishing a project budget of $656,295.90. SPECIAL CONSIDERATIONS: FINANCIAL IMPACT: This project will be funded out of the Water Capital Improvements Fund 661-101-6617-04. GUS BOARD RECOMMENDATION: GUS Board recommended approval at the June 20, 2006 meeting. Approved 7-0 STAFF RECOMMENDATION: The Staff recommends awarding the bid to Shelton & Shelton Plumbing L.P., and establishing a project budget of $656,295.90. COMMENTS: NONE ATTACHMENTS: Letter of recommendation for Kasberg, Patrick & Associates, LP Bid Tabulation. Bid Receipt Sur Submitted By: Water Services Manager Jim Briggs, Assistant City Manager for Utility Operations KASBERG, PATRICK & ASSOCIATES, LP CONSULTING ENGINEERS One Sm1b Main Tempe, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mailQa kpaenpneea.wm RICK N. KASBERG, P.E. R. DAVID PATRICK, P.E. THOMAS D. VALLE, P.E. May 18, 2006 Mr. Thomas R. Benz, P.E. Manager of Systems Engineering City of Georgetown 300 Industrial Avenue Georgetown, Texas 78626 Re: City of Georgetown West Loop Water Line Improvements Dear Mr. Benz: Attached is the Bid Tabulation for the bids received at 2:00 PM on Tuesday, May 16, 2006 for the above referenced project. There were twelve plan holders and eight bids received for this project as shown on the attached tabulation sheets. The low bid in the amount of $596,632.64 was submitted by Shelton & Shelton Plumbing, LP, 584 W. Stage Coach Road, Killeen, Texas 76542. We have reviewed the current workload and construction history of Shelton & Shelton Plumbing, LP as well as checked references and financials. Shelton & Shelton Plumbing has successfully completed projects for us in the past and is currently under construction on a 2T' trunk sewer project with us. As a result of our findings and previous experiences, we recommend that a contract be awarded to Shelton & Shelton Plumbing, LP for the total base bid in the amount of $596,632.64. If you have questions, please call. Sincerely, err P.E. GRT/ 2005-102-30 I 1LATION CITY OF GEORGETOWN, TEXAS West Loop Wale, Line Improvement, May 16, 20116 2:08 PM JW bdrunul Avenue; Grorgeto,vn, TX 78626 i00Y1u4o \� W.aani I hereby certify Wt dill Is a correct and we ubulaner, of LI bids removed roger olben, P.E. ( ps(c Kuhrg, Patrick & Assrciates. LP Indlenes a discrepancy in d,c unit prwc aM rhe ea¢Med annum ,apiatra BIDDER IN DATION MeU. Cotmructbu, Lad Ben Coeton, Ire. "n Letds Contranars, Ire. flo,nky Cmwuuic,atiou, IAd P. O. Boa 10739 7082 W. Rq 190 P. O. Baa 1623 15" S. Bryaot Blvd. Item Unit Rid Dai Kalem, TX 765P7 Ecken, TX 76513 Bertram, TX 76605 San Angeb, TX 76%3 NO ' ad gruil Detrrl tion Unix F}Irdd UNr &Mdd Va. Esrendid Unna £ Badd 1 100% !S Mobiliratbn Bods & Insurnce rot-w<ated 3% of lbC TOW Amoum Bid Pnee 5 Amoanr Pn'eI A--., Prirr A. PAce Amount 2 3 ]" LF Provide Labor i mens Tools & Su rvisiM w Com leen Pr 'on er the ROW 34 333.00 S 4.80 34,553.00 16.00D.08 16 000.00 5 73 000.00 25100.08 28 000.08 28 WO 00 3 100% LS Vid.T in P. Si s before Sun of Cotwrrction an the Pm'ect 1103.00 17,990.40 15.06 %411.68 5.00 18.740.00 15.00 56 220.00 4 100% LS P are Trench $af Plan in Conlon $tile Law and OSHA 970.00 1403.00 SW.W 800.00 151)0.00 1.500.00 1308.08 1500.08 S J 71 Ian (wiN 1 kment and Follow Twrch Saf Plan Pi 920.00 1 700.00 1 700-00 1 OOOAO I M.00 5,00D.00 5 000.00 6 1 000 SF 1 lm su Follow Trach Saf Plan Bore Piu and Structures 0.90 3,373.20 1.30 48'2.40 LOO 3,748.00 210 7,496 M 7 100% & Prcpart & Submit a Naive of Irrcn1(NOry b d1e TCEQ and Comply w/All Swsmwater 0.90 90(110 2.23 2230.00 0.10 100. W 1.00 1." w Diehar a Re ulau.na 312.00 512.08 7,108.08 ],100.00 1,300.00 I.500.OD 1.5(0.00 I,50D.D0 B 100% LS PER. Barricade SI tun & Traf/ic Safe Plan VeLiwlar and Pedla rian t.524.00 1 524,08 760.08 760.08 7000.00126 9 I % Im l -a & Adrtdnisur Barrie 5i & Traf , Safe Plan epic liv & Wan 17 607,00 1] 607.00 S (00.00 S 600.00 3 OW.000.00 0.08 1.100.00 1300.00 1 100% LS Pmride Pro' I ReLOrd D... s As Banns 1100010 11.250.00 11 230.00 11 718 LF Provide &Insall 24• Class 200 pato Iron Pi irclW in Fitd Thtue Fenrdm 107.60 5.000 394,544.80 3000. W S 000.00 S 000.00010 S 000.00 5000.00 12 d 5A Famish & Imu1121-irch Gm Valve 110.00 /12 280.00 113.000.00 110.00 524 720.00 13 EA 21-irch Water U. Co,vnie 17 559.00 54 .236.00 13,100M 32 408.08 IJ 308. W0.00 12,000.00 M 000.00 14 3 5 FA nd lemall Provide ad lmWl Ductile lmn4 rte Bmdz 2<-imb Diameter 184900 2267.00 73%.00 I1433.W 8.908.W 35600.08 4 .00.00 4000.00 16000.00 IS EA Provide ad lmWl Ducri41mn 22-I2 rev Bads 20-ircM1 Di 19".00 11664.08 I4W.W 12 M.00 2mom.08 2200.00 11 OOD.W 1 12 1 EA Provbe ad ImWI Motile Iron 11-1/d de rte Bends 24 -inch Di 24W.W 14408.08 2710.00.08 2,W0AW 12000.00 17 1 EA Famish & 1 W I 0 -inch a 20 ircM1 Reducer 1924+00 23 088.08 2 308.00 27 600. W 2200.08,1)0 1 900.00 0 72 B08.W 14 EA Famish&In ull4-irch Aire ValveA bl I T18.08 1 278.08 7400.08 3100.00 2 108.08.08 1 9 SY Piaci I.oanin &Sadin includui unimn. 'n 550000 22008.08 3900.W 23600.08 7MO.08O.W IOM00 08000.08 330 47500.00 4.25 33125.08 4,00OD 0.00 410 30000.00 $Y Corcme Drivcwe Re air 49.00 86008 1950 273008 100.08 14000.0) IW.00 11700.00 Misullanmus Clsss'A' rcrt 6110 18300.00 16.85 5055.00 IOD 30000.08 /O,0) 2 F25� ,,annemove Rock Berm ss rryuiM intk$wnllwiwPollution 143.00 11700.08 38.00 3808.00 150.00 15000.00 310.08 34.01 LF Pmention Plan 9.00 1,350.08 14.40 2.160.00 20.08 3.080.08 23.00 3.730.00 IF Famish Ito 1 Maintain &Remove Sila Force ss ird in the Smrmwmer Pollution 1.40 5 1%.00 1.80 6 678.08 2.00 IF Provide Clean -u a0) FirW Gradin Abn F1W Pi lire Route 2.00 7d%.002.08 7.CMAX 5.00 18,550.00 LS Fumidl All Materials, Equipment, Tools & Labor Naessary for P.. Twang Waw Pipe 7 4%08 2. W 7 4%.08 2. W 7196.00 Ineltsding Any Necenary airs 2,278.08 2,Yl8. W 1,7110.08 1.2w.00I.3W. 3.808. W 3.808.005.618,0D 5,618.08 7TITAL B/D AMOUM (Harris 1-16) S 7M,702." 1 1 $ 762,351.28 $ M,124.08 1 5 931000,00 I hereby certify Wt dill Is a correct and we ubulaner, of LI bids removed roger olben, P.E. ( ps(c Kuhrg, Patrick & Assrciates. LP Indlenes a discrepancy in d,c unit prwc aM rhe ea¢Med annum ,apiatra BID R_ __IPT SUMMARY CITY OF GEORGETOWN WEST LOOP WATER LINE IMPROVEMENTS BID OPENING Tuesday May 16, 2006 2:00 PM 300 Industrial Avenue Georgetown, TX 78626 BIDDER TOTAL BID AMOUNT Shelton & Shelton Plumbing, L.P. $596,632.64 Austin Engineering Co., Inc. $647,057.80 Royal Vista $675,412.00 Central Road and Utility $698,888.00 McLean Construction, Ltd $702,702.40 Bell Contractors, Inc. $762,351.28 Lewis Contractors, Inc. $784,124.00 Houseley Communications $950,000.00 Lupe Rubio Construction, Inc. Received 2:07 pm (remains unopened) F. T. Woods Construction No Bid H. Deck Construction No aid Joe Bland Construction, LP No Bid Qro-Mex Construction Co., Inc. No Bid 2005-102-40 Wlp Agenda item Check List rr _.......... . WMVM Financial Impact Agenda Item: West Loop Water Line - Mesa Ranch to Hwy 29 Agenda Item Subject: Consideration and possible action to award a contract to Shelton and Shelton Plumbing, L.P. of Killeen, Tx for the construction of the West Loop Water Line Improvement and to establish a project budget of $656,295.90. Is this a Capital Improvement • Yes O No Project: Council Date: Was it budgeted? 06/27/2006 link to Agenda database => Need Help? Is it within the approved budgeted amount? If not, where is the money coming from? G/L Account Number Amount Going to Council Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. Will this have an impact on the next year's budget? If so, please explain. Does this project have future revenue impact? Year: If so, how? • Yes O No OYes 0No Project savings from N Austin Water Line 661-101-6617-04 $ 656,295.90 O Yes 0 N0 O Yes • No O Yes • No Department: Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: O Yes 0 No If so, what division(s)? Prepared by: Glenn DishongDate: 06/20/2006 Agenda Item Checklist: In Process Y� Approvers Title Assigned Notified Received Status Changed Status Jim Briggs Assistant City 06/20/2006 06/20/2006 6/21/2006 06/21/2006 Approvetl Laude Brewer Manager 06/21/2006 06/21/2006 6/21/2006 - Micki Rundell Assistant Director _ of Finance & Adminstration Director of Finance and Administration Approval Cycle Settings Council Meeting Date: June 27, 2006 AGENDA ITEM COVER SHEET SUBJECT: Item No. X - S Consideration and possible action to award the contract to Insituform Technologies, Inc. of Houston Texas, for the EARZ Phase III Remediation and to establish a project budget of $202,725.60. ITEM SUMMARY: This project implements the necessary repairs to the wastewater system in the Gabriel View area based upon the results of the EARZ Phase III testing. There were five plan holders and three bids received for this project. The engineering firm responsible to review the bids, Kasberg, Patrick, and Associates (KPA), has recommended the award of the bid to the low bidder, Insituform Technologies, Inc., 8121 Broadway, Suite 200 Houston, Texas 77061, for the bid of $184,296.00. Staff recommends establishing a project budget of $202,725.60. PECIAL CONSIDERATIONS: FINANCIAL IMPACT: This project will be funded out of the Wastewater Capital Improvements Fund 651-101-6618-04. GUS BOARD RECOMMENDATION: GUS Board recommended approval at the June 20, 2006 meeting. Approved 7-0 STAFF RECOMMENDATION: The Staff recommends awarding the bid to Insituform Technologies, Inc, and establishing a project budget of $202,725.60. COMMENTS: ATTACHMENTS: Letter of recommendation for Kasber atrick & Associates, LP Bid Tabulation ltted By: Glenn Dishong Water Services Manager As.s-±—stanVCWy Manager for Utility Operations KASBERG, PATRICK & ASSOCIATES, LP KA CONgULTING ENGINEERS One South Main Temple, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mail®kpaengim rs.com RICK N. KASBERG, P.E. R. DAVID PATRICK, P.E. THOMAS D. VALLE, P.E. June 14, 2006 Mr. Michael Hallmark CIP Project Manager City of Georgetown 300 Industrial Avenue Georgetown, Texas 78626 Re: City of Georgetown EARZ III Project Dear Mr. Hallmark: Bids were received by the City of Georgetown until 2:00 P.M. on Tuesday, June 13, 2006 for the above referenced project. There were three bids received and a detailed bid tabulation of these bids is attached. The low, successful bidder is Insituform Technologies, Inc. with a total base bid of $184,296.00. The opinion of probable cost for this project was $300,000.00. The bids received for the project ranged from $184,296 to $329,675. We have reviewed the current workload and construction history of Insituform Technologies as well as checked references. As a result of our findings and with the submitted bid being within the Engineer's estimate and City's budget, we recommend that a contract be awarded to Insituform Technologies, Inc. for the total base bid in the amount of $184,296.00. If you have questions, please call. Sincerely, R. David Patrick, P.E. RDP/ xc: Mr. Thomas R. Benz, P.E., City of Georgetown 2005-141-30 BI[ 15TION 051410 CITY OF G ------'TOWN, TEXAS Edwards Aquifer Recharge Zone RchabWtalion Phase m Jam 13, 2006 2:00 PM 3001nd,atrial Avenue; Gmr9d., TX 78626 Did Bidder Acknowkd Addenda No. 17 i YES i YES i YES IDW Rxidu =Iude do CvuFwam of Rmlution and A ril? I herz0y rani/fy flttt Zhu isFa Lmnect sd sive UMalion of all bids nmivd Rasberg. Pautck & A mom LP Idwams a diwne y in the un4 pros and do exwooW a nt Exudd uneunt las hen mre:,d. BIDDER INP'ORMATI N Iwkuform TerMok ins. Inc. Coker Plpcllne RehabBlutlon, Ix. H. Dern CoMruuloo 702 Spirit Q Pork IMve P. O. Box 719 1601 Oxford Blvd ChodrD W, MO 63005 Scdtavllk, TX 75688 Round Bak, TX 78661 AM Eraneed UW RWDWO Und f"I.W Uw Emendd Unit Eue,ded NO. Guonrit, Derr tion Prin Amowv Prlcr Annum Pace Amount, 1 100% IS Mobdbatiun Bolls&I.. f 681..W 6800OD 5000.00 5000.00 25 OOO.OD s7' 250.W 2 100% 1S For Dove all Fu a Trench Ssfory flan 7511.00 750.00 100.00 100.00 5,000.W 5,000.00 3 500 SF Trtab Wm M memation m tinea omscdo. all mira over 5 0 001 5.00 LOD 300.00 5.00 2.500,W Rebab0iutlon of Existing &tach Wasuwater l.iue by O red-m-Kwc medW iocludbsg pe RWIIc110n video of pipe InlRgr. W 16C9my tl vmwn, m mruds, appumnaMes 4 1,211 LF cquiprttm. ry4 lo dl existing servke on.n0ns, traffic mono] pays) ad znplaocnulmm 37.00 N,807.00 28.50 • 34.51330 MM 78.7 15 W bypass pumping of all flows, mkrlor fool munenl, erosion mmrol, all appliabk terms anci Inn closed cbmit video toren all mm leion Reinbdiutnn of Exiting 8 -inch Wsmewamr Lire by Crud -in Plain melmd inch ng pe rwr tion vidoo of pipe irurior, ail m:essary excavation, uuvlials, appune,urces 5 1.719 LF oqupraU. ly v lo W exitu,g mrvec comcctioms, uaffc mmol pkn(s) all lmpk[=MfiO% 36.00 61,884.00 27.50 47,22.50 40.00 68.711) W bypau p roping of di flows, buerior root ueaunern, erosion awuol, all applicable toting snd inspection by closd curt u Vi curer sfer mmpkuoo 6 1 EA Reforming/ Replacing Manbole Beech and Invert to allow Proper Flow Rusin. prior to Cost 1.000.00 1.000.00 450.OD 450.00 3.00D.W 3.000.0 7 VF Soiling Mallok I,uoior wish Q..&. in amnNvaz wiW Tsh,dcal Speifcauon WW6 120.00 I.IO0.00 170.00 1100.00 700.00 2.000.00 10 iacluding applicable by-Paa pu^pW ad traRu mmol pW utl Mplvnenution .Pkuly Coating Mmhok Im r with Ravin in acoNamce wah Tmbnlcal Spec 80,00 3,2W.00 205.00*4.5W.0DJ,500.0D 00 5,400.(1 8 40 VF 00 6. ucldu,g applcabk by-pass pumping and umffc an fol pW ad hnpl non RebabBiutiom of exiai,y Manhole by CL,d-io-Place mednd, lo acoNace wish TarJmioal 9 80 VF Spreifcmion W W6. inch ling Wplirahie pepu . of irueior a faces. by -p." .p4 sod 650.00 52.000.00 767.0000 68,8W.W vaR,c mmol ad' tion 10 1 EA Prettue W Ex' Manhole b trnmve debris and residue 150.00 150.00 250.00W 1 .W I I 1 FA Ad Manbok R' and Cover m Grade 1,000.00 1000.00 450.000 1 .W Furmshuy all Mkteiala. Equiprocru. Tools ad (Aber nectuM for Hydreank (or Vacuum 100.00 1.500.00 300.00 22,5W.00 12 15 EA wing Rrlubiliuled (Repkmd/Reformd Inverts) Mamholo4 iwhAm ury Naeary RePain 13 5 BA Pow Repaln ase to perform T, hku Reh.U,mt... ivchvfiq reaming eroud over 1,500.00 7.5W.OO 4,750.00 23,750.00 5.500.00 27,5W.00 14 1.00D Sy b stdit . Fa,a Imhtn " Maiwininx Bermuda or A. Au awc Gran Sod 1.00 1 0.50 500.00 5.00 5.0D0,00 IS 2,000 SY Plat' ,Eaubltd,in adM l i sodScdin 0.23 ll'o SOD.00 0.25 500.00 4.00 8000.00 Vidor [.v.t Pro' Si s Before the Sun of Cp ctmn on Nc l 1,000,001 1 M.00 I 315W.00 3,500M 5,00Q,00 5,000.00 ir/TAE BID AAJOUN (Iters l-16) 8 384,296.00 1 5 192,016.00 I $ 329,675.00 Did Bidder Acknowkd Addenda No. 17 i YES i YES i YES IDW Rxidu =Iude do CvuFwam of Rmlution and A ril? I herz0y rani/fy flttt Zhu isFa Lmnect sd sive UMalion of all bids nmivd Rasberg. Pautck & A mom LP Idwams a diwne y in the un4 pros and do exwooW a nt Exudd uneunt las hen mre:,d. Agenda Item Check List tri , __.. Financial Impact Agenda Item: EARZ Phase III Repairs Bid Award Agenda Item Subject: Consideration and possible action to award a contract to Insituform Technologies, Inc. of Houston, TX for the EARZ Phase III Remediation and set a project budget of $202,725.60. Is this a Capital Improvement 0 Yes O No Project: Council Date: 06/27/2006 link to Agenda database => Q Need Help? Was it budgeted? • Yes O No Is it within the approved budgeted amount? • Yes O No If not, where is the money coming from? G/L Account Number 651-101-6618-04 Amount Going to Council $ 202,725.60 Is there something (budgeted) that won't get O Yes 0 No done because you are spending these funds? If so, please explain. Will this have an impact on the next year's O Yes 0 No budget? If so, please explain. Does this project have future revenue O Yes • No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: O Yes • No If so, what division(s)? Prepared by: Glenn DishongDate: 06/20/2006 Agenda Item Checklist. Approved on 06/21/2006 Approvers 1ritle Assigned Notified Received Status Changed Status JimBriggs Assistant City 06/2012006 06/20/2006 6/21/2006 06/21/2006 Approved Jose Lara Manager 06/21/2006 06/21/2006 6/21/2006 06/21/2006 Approved Utility Financial Analyst Approval Cycle Settings Council Meeting Date: June 27, 2006 AGENDA ITEM COVER SHEET Item No. Y—to— SUBJECT: Discussion and possible action to replace the existing BRA system water contract for Alliance water originating out of the LCRA basin with a system water contract originating out of the Brazos basin with an additional cost of no more than $40,000 for the remainder of this Fiscal Year. ITEM SUMMARY: The City of Georgetown has long-term contracts for 100% of its supply of surface water from the Brazos River Authority. A portion of the water is available via transfer from the Colorado River basin, under the control of the Lower Colorado River Authority. The BRA has notified us that additional water is available from the Brazos River basin, and the BRA will allow us to release our Colorado River basin water. Replacement of Colorado River basin water with Brazos River basin water will: 1) increase the total supply of surface water available to Georgetown; 2) eliminate the cost associated with infrastructure improvements needed to transport water from the Colorado River basin; 3) eliminate the cost uncertainty associated with the Colorado River basin water related to the "No Net Loss" provisions of HB 1437. Staff recommends the acquisition of up to 10,000 acre -ft per year of additional BRA water rights through a system water contract with the BRA, and also recommends the release of water rights originating in the Colorado River basin. SPECIAL CONSIDERATIONS: FINANCIAL IMPACT: The cost of the additional water supply (approx. $40,000 for the remainder of this FY) will be paid out of the Water Operations Fund (660-105-5313-00). The additional supply will also result in the purchase of additional capacity in the Williamson County Raw Water Line. GUS BOARD RECOMMENDATION: GUS Board recommended approval at the June 20, 2006 meeting. Approved 7-0 STAFF RECOMMENDATION: COMMENTS: ATTACHMENTS: BRA letter Submitted By: Glenn Dishong, Jim Briggs Water Services Assistant City Manager Manager for Utility Operations " azosRiver Authority August 18, 2005 Mr. Jim Briggs Assistant City Manager for Utility Operations City of Georgetown P.O. Box 409 Georgetown, TX 78627 Mr. Ken Hall General Manager Jonah Water Special Utility District 40 County Road 126 Georgetown, TX 78626 Re: Sale of Additional System Water QUALITY • CONSERVATION • SERVICE Mr. Don Rauschuber General Manager Chisholm Trail Special Utility District P.O. Box 249 Florence, TX 76527 Mr. Mike Taylor General Manager Brushy Creek Municipal Utility District 16318 Great Oaks Drive Round Rock, TX 78681 Dear Mr. Briggs, Mr. Rauschuber, Mr. Hall, and Mr. Taylor: Over the past few years, the Brazos River Authority (Authority) has worked with entities from Williamson County to better understand water challenges facing the region. With the purchase and on-going expansion of the East Williamson County Regional Water System, the Authority has taken the first step to ensure long-term treated water to meet the County's growth. Our next aim is to maximize the regions existing water and infrastructure resources. With that in mind, I am pleased to inform you of the Authority's Board of Directors recent action that will be of interest to the owners of the Williamson County Raw Water Line. In short, the resolution authorizes the implementation of systematic management of the Little River and San Gabriel River watersheds. System management of the lakes in the two watersheds will provide significant additional water for all customers diverting water from Lakes Belton, Stillhouse, and Georgetown. In fact, up to 20,000 acre-feet of additional water can be provided to Williamson County with a diversion point of Lake Stillhouse, which would maximize the capacity of the raw water line. The resolution acknowledges the commitment of the Authority to connect Lakes Belton and Stillhouse when necessary, which will assure the availability of the water through the 2060 planning horizon. As you are aware, the Authority is also finalizing a study to determine the feasibility of constructing a water treatment plant on the south side of Lake Georgetown. The focus of this study has been to provide a long-term, affordable treatment water solution for Williamson 4600 Cobbs Drive • P.O. Box 7555 • Waco, Texas 76714-7555 254-761-3100 9 FAX 254-761-3215 Mr. Jim Briggs, Mr. Don Rauschuber, Mr. Ken Hail, and Mr. Mike Taylor August 18, 2005 Page 2 County entities. Preliminary results indicate the average cost of treated water from that plant would be $1.30 per 1,000 gallons, including the cost of raw water. In addition, the Authority is planning on leasing groundwater that will be available to Williamson County when needed. That process is expected to begin this fall. We appreciate this opportunity to discuss the availability of this system water. Mr. David Collinsworth will be contacting you to discuss or arrange a meeting. Should you have any questions, please feel free to call him at (254) 761-3165. Sincerely, i4 4� PHILLIP J. FORD General Manager/CEO PJF:kld rloentral basinVound rocklwilliamson county customers 8.2..doc Council Meeting Date: Tune 27.2006 Item No. 3 — k AGENDA ITEM COVER SHEET SUBJECT: First 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 Calhoun, Paralegal Jtm l'gssistant 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 ordirtance 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, PO . 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 By: 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. 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, Texas78627 GRANTEE: Judy W. Hindelang, 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 1 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 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 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 corner 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, et 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 00 54''E, 26.34 feet to a point for the Northwest comer hereof, THENCE, S 64° 56' 30" B, 171.53 feet to a point for the Northeast comer hereof; THENCE, S 6° 39' 15" W, 32.01 feet to the Place of BEGINNING and containing 0.11 of an acre of land. STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLL4MSON } 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 G44day of 2006, A.D. nal Land Surveyor, No. 3967 of Texas 2006-1 EXHIBIT F. Peterson STEGEFIZZELL 1978 $ Ausi n Ave Georgetown. 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 por0on of County Road No. 265. Surveyed on the ground in the month of December, 2003, ander 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 corner 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 corner 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, 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 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, 70.88 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, 30.59 feet from the most westerly Northwest comer of the said 1.89 acre McLachlan, at 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 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 66° 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 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 fine of County Road No. 265, being the south line of the said 202.149 acre Wolf Tract L S 730 17' 15" E, 20.00 feet to a point for the Northeast corner hereof; THENCE, S 16° 42' 45" W, 12.81 feet to a point for an interior comer hereof; THENCE, S.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 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON } 1, fon H. Bi=ll, 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 apparept 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 .certify 'ch, witness my- ian and seal at Georgetown, Williamson County, Texas, this the day of , 2004, A.D. 7 Registered Prot 20377-Id-attacl EXHIBIT Iii EXHIBIT "B" (FORM OF QUITCLAIM DEEDI 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 hone: -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas78627 GRANTEE: Bettie M. Wolf, Judy W. Hindelang, Jane W. Robertson, Jay L. Wolf, Jr., Iva Wolf McLachlan (nee Iva June Wolf) and Jaynes 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 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 WILLIAMSON 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 65° 1l' W, 274.23 feet; and N 640 56' 30" W, 180.63 feet to a point for the Southwest comer hereof; THENCE. N 00 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 1, for the Northwest comer 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 660 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 WII,I,IAMSON KNOW ALL MEN BY THESE PRESENTS: } 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 al at Georgetown, Williamson County, Texas, this the Gs �r day of iC' 2006, A.D. Brian F. Peterson Re ' fessioml Land Surveyor, No. 3967 State f,= 20377 -1d -March 2006-2 EXHIBIT STEGEob-ZZELL 1978 S. Austin Ave Georgetown. 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 potdon 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 follow3; 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 !me of State Highway No. 29 and the south line of County Road No. 265, marling 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 corner 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 feel 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 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 line of, that certain Tract L, 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 imn pin found; THENCE, S 63' 58' E, 457.71 feet to a point; S 66' 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, 18539 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 corner 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' 1T 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, S45' 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 I KNOW ALL MEN BY THESE PRESENTS: COUNTY OFWILLIAMSON ) 1, Don M 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 certify 'ch, witness an and seal at Georgetown, Williamson day of , 2004, A.D. Registered Prot 20377-Id-attacl County, Texas, this the 1EXHIBIT u6�t 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: F111TIR 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 McLachlin„ 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 l 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 STATE OF TEXAS COUNTY OF WILLIAMSON 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. 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 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 corner 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 corner 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 Wolt; by deed recorded as Document No. 2003053281 of the Official Records of Williamson County, Texas, for the Southwest corner hereof; THENCE, N 6° 39' 15" E, 32.01 feet to a point for the Northwest comer hereof; THENCE, S 64° 56' 30" E, 9.10 feet; S 65° 11' E, 274.23 feet; S 68° 57' 30" W, 260.04 feet; and S 720 09' E, 156.54 feet to a point on the new north line of State Highway No. 29, for the most easterly comer 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 710 02' W, 321.83 feet to an iron pin found and N 63° 31' 30' W, 274.58 feet to the Place of BEGINNING and containing 0.49 of an acre of land. STATE OF TEXAS } COUNTY OF WII,LIAMSON KNOW ALL MEN BY THESE PRESENTS: } 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 G7 ti day of /%%iC- � 2006, A.D. Brian F. Peterson Reo' ssional Land Surveyor, No. 3967 State of Texas 20377 -1d -March 2006-3 EXHIBIT �I rr n STEGE IZZELL 1978 S. Austin Ave Georgetown, 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 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 corner hereof; THENCE, along the said north tine of State Highway No. 29, S 89' 54' NY' W, 66.85 fed 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 corner of that certain tractof land, called 1.89 acres, as con4eyed 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 corner hereof; THENCE, along the north One 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 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, 70.88 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 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 One 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 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 66' 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 fed 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 tine of County Road No. 265, being the south line of the said 202.149 acre Wolf Tract L S 73' 17' 15" B, 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, 5.95' 09' 30" E, 12220 fed 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 WI LIAMSON } 1, Don 1L Bizzeti, 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 .certy 'ch, witness my,,An5k my-,Anand seal at Georgetown, Williamson ` day of 2004, A.D. 7 Registered Prot 20377 -Id -attach County, Texas, this the 4 40 -'Ri ck a to I R 06}Ge69010 A P,O: + I � � rr•..p ass. \ �i 1.78 ACRES ¢I PHILL MOCKFORD, TRUSTEE $ 199933589 n nyl 1.78 ACRES I Judy W. Hlndelanq. Jane W. Rohertsoq Jay L. Wolf, Jr., Ivo Wolf McLachlan and James David Waif I 2003053281 I 5ti50e o;g9r 01 08 Gay 2005 / I TRACY I 202.149 .ACRES JAY L. WOLF 1997/953 a 1.89 ACRES WA WOLF MCLACHLAN, JAY WOLF, JR., JANE WOLF ROBERTSON and JUDY WOLF HINDELANO DOC.12003124147 6$ NO 0 \ate. b \ •qty,\� x.49 L C. i I SCALE -40' �+ssrryZ =1r \ \ •Rt �4���\$� — — —o •'•, aea.er — — — — — — — — — — — — — — — sevss•4ow m.ss• C y 0., rsn•uw auiv u d� C00 1c. 0191 afowa Council Meeting Date: June 27, 2006 Item No. AGENDA ITEM COVER SHEET SUBJECT: FIRST 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 GREP 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 NONE ATTACHMENTS: Ordinance Submitted for Utilities Trish Carts City Attorney 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 day of June, 2006. PASSED AND APPROVED ON SECOND READING on the day of July, 2006. ATTEST: THE CITY OF GEORGETOWN: 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 Gary Nelon, Mayor