HomeMy WebLinkAboutAgenda CC 07.10.2007Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, July 10, 2007
The Georgetown City Council will meet on Tuesday, July 10, 2007 at 06:00:00 PM at City Council
Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
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
-Transamedcan Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
- Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 • UCR)
- Discussion of legal issues related to the 'Williamson County Regional Raw Water Line Agreement' between the Brazos
River Authority, City of Georgetown, City of Round Rock, and Jonah Water Supply Corporation, and the letter dated May 7,
2007 to BRA from Chisholm Trail SUD, Brushy Creek MUD, and City of Round Rock.
- Consideration and possible action related to the pending or threatened litigation against LCRA related to the Wholesale
Power Contract
- Consideration and possible action regarding legal Issues related to public financing requirements for new and existing special
districts - Carol Polumbo, McCall, Parkhurst & Horton, LLP.
B Sec 551.072: Deliberations about Real Property
-Consideration and possible action regarding the acquisition of 0.652 of an acre of land consisting of a 0.292 acre tract (Tract
1) and a 0.360 acre tract (Tract 2), from the Leroy and Mede Weir Charitable Trust for electric utility improvements. — Patricia
E. Cads, City Attorney
C Sec.551.086 Competitive Matters
-Consideration and possible action regarding the LCRA energy cost indicative prices as proposed by LCRA for 2008 energy
year. — Jim Briggs, Assistant City Manager for Utility Operations
- Consideration and possible action for extension of the contract between McCord Engineering, and Georgetown Utility
Systems,to provide engineering services related to the planning, design, and review of the City's electric system
Improvements, system construction, system expansion (due to development), and system mapping.ord. — Mike Mayben,
Director of Energy Services and Jim Briggs, Assistant City Manager for Utility Operations
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
D Call to Order
E Pledge of Allegiance
F Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
City Council Agenda/July 10, 2007
Page 1 of 3 Pages
- Donation from the Library Foundation
G Announcements and Comments from City Manager
H Public Wishing to Address Council
- Sandra Taylor of Pedernales Electric regarding update of PEC activities in Georgetown area
- Doug Smith representing the Georgetown Sertoma Club regarding the Fourth of July (delayed) fireworks
display.
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 25, and
the Council Meeting on Tuesday, June 26, 2007 -- Jessica Hamilton, Assistant City Secretary and Sandra D.
Lee, City Secretary
K Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for
the voluntary annexation into the City for 1.77 acres, more or less, in the Frederick Foy Survey, Abstract 229,
for Somerset Hills, western boundary annexation to CR 245 and Jennings Branch Road — Edward G. Polasek,
AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development
L Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for
the voluntary annexation into the City for 268.30 acres, more or less, in the I.&G.N. RR Survey, J.D. Johns
Survey, The Key West Survey, D. Medlock Survey, W.E. Pate Survey, J. T. Church Survey, J. Thompson
Survey, and Isaac Donegan Survey for Water Oak at San Gabriel Phase 1, Phase 3, Phase Al, and Phase 2,
located north of RR 2243 and east of Escalara Subdivision — Edward G. Polasek, AICP, Principal Planner and
Bobby Ray, AICP, Director of Planning and Development
M Consideration and possible action amending Resolution 052207-Y granting a petition and setting public
hearing dates for the voluntary annexation into the City for 22.50 acres, more or less, in the Lewis P. Dyches
Survey, for Airborn property, to change the annexation area to 63.02 acres, more or less, in the Lewis P.
Dyches Survey and Francis A. Hudsen Surveys for H.B. Longhorn Junction and Airborn property, located
south of SE Inner Loop and Blue Springs Parkway — Edward G. Polasek, AICP, Principal Planner and Bobby
Ray, AICP, Director of Planning and Development
N Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for certain public utility infrastructure improvements; and
establishing an effective date; pertaining to the acquisition of real property from Westinghouse Road Joint
Venture for public utility improvements. -- Terri Glasby Calhoun, Paralegal, GUS, and Patricia E. Carls, City
Attorney
0 Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for certain public utility Infrastructure improvements; and
establishing an effective date; pertaining to the acquisition of real property from the Leroy and Merle Weir
Charitable Trust for electric utility improvements. -- Tem Glasby Calhoun, Paralegal, GUS, and Patricia E.
Carls, City Attorney
P Consideration and possible action regarding the authorization of a Donation Agreement between the City and
the W.D. Kelley Foundation for the donation of property to the City for electric utility improvements along CR
116 -- Terri Glasby Calhoun, Paralegal, GUS, and Patricia E. Carts, City Attorney
Q Consideration and possible action regarding the donation of 20 acres of land consisting of a 12.7586 -acre
tract of land owned by Del Webb Texas Limited Partnership and a 7.2414 -acre tract of land owned by Somerset
Hills, Ltd., for the future location of a wastewater treatment plant on the "Northern Lands" -- Terri Glasby
Calhoun, Paralegal, GUS, and Patricia E. Carls, City Attorney
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
R Consideration and possible action to approve a Resolution approving Liberty Hill, Texas as a member of the
City Council Agenda/July 10, 2007
Page 2 of 3 Pages
Williamson County and Cities Health District — Paul E. Brandenburg, City Manager
S Consideration and possible action to approve funding to replace the City of Georgetown's Emergency Outdoor
Siren Warning System -- Paul E. Brandenburg, City Manager
T Discussion and possible action to appoint two (2) councilmembers to a Committee, along with the City
Manager, the Assistant City Manager, the Assistant City Manager of Utility Operations and the Director of
Community Services pursuant to the policy established by the City Council on November 14, 2006 regarding the
Naming of City Facilities, Public Park lands and Public Streets -- Paul E. Brandenburg, City Manager
U Consideration and possible action to authorize the City to enter into an Interlocal Agreement with the Public
Employee Benefits Alliance (PEBA) for the possible purchase of group benefits — Kevin Russell, Director of
Human Resources and Civil Service
V Second Reading
Second Reading of an ordinance repealing and replacing Section 13.04.180 of the City Code of Ordinances
relating to "Rates and Charges—Solid Waste Disposal—Schedule" -- Kathy Ragsdale, Utility Office Manager
and Micki Rundell, Director of Finance and Administration
W Public Hearings and First Readings
1. Public Hearing on the voluntary annexation into the City for 1.77 acres, more or less, in the Frederick
Foy Survey, Abstract 229, for Somerset Hills, western boundary annexation to CR 245 and Jennings
Branch Road — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning
and Development
2. Public Hearing on the voluntary annexation into the City for 63.02 acres, more or less, in the Lewis P.
Dyches Survey and Francis A. Hudsen Surveys for H.B. Longhorn Junction and Alrborn property,
located south of SE Inner Loop and Blue Springs Parkway — Edward G. Polasek, AICP, Principal Planner
and Bobby Ray, AICP, Director of Planning and Development
3. Public Hearing on the voluntary annexation into the City for 24.08 acres, more or less, in the Joseph
Fish Survey and William Roberts Survey, for Georgetown Village Section 10, located at Westbury and
Shell Road — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and
Development
4. Public Hearing on the voluntary annexation into the City for 268.30 acres, more or less, in the 1.8G.N.
RR Survey, J.D. Johns Survey, The Key West Survey, D. Medlock Survey, W.E. Pate Survey, J. T. Church
Survey, J. Thompson Survey, and Isaac Donegan Survey for Water Oak at San Gabriel Phase 1, Phase 3,
Phase A1, and Phase 2, located north of RR 2243 and east of Escalara Subdivision — Edward G. Polasek,
AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development
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 , 2007, 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/July 10, 2007
Page 3 of 3 Pages
Council Meeting Date: July 10, 2007 Item No.: 0
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a Resolution finding public convenience
and necessity and authorizing eminent domain proceedings, if necessary, for certain
public utility infrastructure improvements; and establishing an effective date;
pertaining to the acquisition of real property from Westinghouse Road Joint Venture for
public utility improvements.
ITEM SUMMARY:
Pursuant to Section 4.04 of that one certain Consent Agreement between the City and
NNP -Edwards, L.P., concerning the creation of Williamson County Municipal Utility
District No. 15 (the "Agreement"), the City agreed to utilize its eminent domain powers,
if necessary, to acquire any necessary off-site utility easements, in the event the
Developer is unable to reach agreement with a landowner through good faith
negotiations.
The Developer has been unable to reach agreement with Westinghouse Road Joint
Venture for the acquisition of a 0.243 acre utility easement required in connection with
the Agreement, and has requested the City assume the responsibility for the acquisition
of the easement pursuant to the Agreement. The Developer plans to continue its
negotiations with the Landowner, however, the attached proposed Resolution enables
the City to commence with eminent domain proceedings in the event the parties are
unable to reach agreement for acquisition of the easement.
ATTACHMENTS:
Proposed Resolution
Submitted By:
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Terri Glasby Calhoun, Paralegal, GUS
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Patricia E. Carls, Brown & Carls, LLP
City Attorney
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN FINDING PUBLIC CONVENIENCE
AND NECESSITY AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN
PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of easements upon, over, under and/or across property described by metes and bounds in the
attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are
incorporated herein by reference as if fully set out and subsequently referred to collectively as
the "Property," for construction, reconstruction, improvement, operation and maintenance and
extension of public utility lines (the "Project"); and
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of utility easements on the sites described by metes and bounds in the attached Exhibit "A" and
by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if
fully set out and subsequently referred to collectively as the "Utility Easement(s)" in connection
with the "Project"; and,
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility
Easements upon, over, under and across the Property for the purpose of construction,
reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the laying out, establishment, and
acquisition of the Utility Easements, and the construction of utility lines, and appurtenances;
WHEREAS, in order to acquire the Utility Easements, it will be or has been necessary for
the City's agents, representatives, or employees to enter upon the Property for the purpose of
surveying and establishing said land titles and to determine adequate compensation for said land,
to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and,
WHEREAS, it was necessary to set out procedures for the establishment and approval of
just compensation for each of the parcels to be acquired for the Project;
Resolution No.
Westinghouse Road Joint Venture PCN -ED Resolution
Page 1 of 3
Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown:
1. That in order to promote the public health, safety, and welfare, public convenience
and necessity require the construction, reconstruction, improvement, operation and
maintenance and extension of water, wastewater, electric, or other public utility lines
on the real property described by metes and bounds in the attached Exhibit "A" and
by sketch in the attached Exhibit `B", which exhibits are incorporated herein by
reference as if fully set out.
2. That public convenience and necessity require the acquisition of easements upon,
over, under and across the Property and other properties for the purposes of
construction, reconstruction, improvement, operation, and maintenance and extension
of water, wastewater, electric, or other public utility lines, and appurtenances thereto.
3. That the City's agents, representatives, or employees are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property or
other properties;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities,
the establishment and acquisition of the required easements, and the
construction of the utility lines, and appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the
easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase thereof,
C. To purchase easement title to the Utility Easement, and execute all
documents necessary to acquire such easements, all subject to express
approval of the specific, negotiated terms by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the Property
for easement title for the Utility Easement in the event the owner(s) fail to
accept a bona fide offer to purchase the Utility Easement(s); and
g. Take whatever further actions deemed appropriate to economically effect
the establishment of the Project and appurtenances thereto.
Resolution No.
Westinghouse Road Joint Venture PCN -ED Resolution
Page 2 of 3
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the Property and
Utility Easement are hereby authorized, ratified, approved, confirmed, and validated.
This resolution shall take effect immediately from and after its passage.
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this _ day of July, 2007.
ATTEST: THE CITY OF GEORGETOWN:
0
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Resolution No.
Westinghouse Road Joint Venture PCN -ED Resolution
Page 3 of 3
Gary Nelon, Mayor
0.243 ACRES
LOT 2, PARK CENTRAL ONE SEC. 1
TERAVISTA OFFSITE WATERLINE
DESCRIPTION
Parce I 1
FN. NO. 07-056(MM)
JANUARY 30, 2007
BPI JOB NO. 1149-62.923
OF A 0.243 ACRE TRACT OF LAND OUT OF THE J. PATTERSON SURVEY,
ABSTRACT N0. 502, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 2, PARK CENTRAL ONE SECTION 1, A SUBDIVISION OF
RECORD IN CABINET J, SLIDES 181-182 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 0.243 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a point in the easterly right-of-way line of County
Road No. 116 (R.O.W. varies), being the westerly line of said Lot
2, from which a 1/2 inch iron rod found at the northeasterly right-
of-way return of the intersection of County Road No. 116 and
Westinghouse Road (County Road no. 111), being a point in the
westerly line of said Lot 2 bears S21d10'00"E, a distance of 9.13
feet;
THENCE, N2101010011W, along the easterly line of County Road No.
116, being a portion of the westerly line of said Lot 2, for the
westerly line hereof, a distance of 28.29 feet to the northwesterly
corner hereof;
THENCE, leaving the easterly line of County Road No. 116, over and
across said Lot 2, for the northerly line hereof, the following two
(2) courses and distances:
1) S66009'34"E, a distance of 17.89 feet to an angle point;
2) N67044'00"E, a distance of 513.62 feet to a point in the
westerly right-of-way line of Park Central Boulevard (70'
R.O.W.), being the easterly line of said Lot 2, for the
northeasterly corner hereof;
THENCE, S22°16'00"E, along the westerly line of Park Central
Boulevard, being a portion of the easterly line of said Lot 2, for
the easterly line hereof, a distance of 20.00 feet to the
southeasterly corner hereof, being an angle point in the irregular
easterly line of that certain 0.417 acre Waterline Easement of
record in Document No. 2000079334 of the Official Public Records of
Williamson County, Texas;
THENCE, S67044'00"W, leaving the westerly line of Park Central
Boulevard, over and across said Lot 2, along a portion of the
irregular easterly line of said 0.417 acre Waterline Easement of
record, for a portion of the southerly line hereof, passing at a
distance of 487.15 feet, an angle point in said irregular easterly
line, and continuing across said 0.417 acre Waterline Easement for
a total distance of 522.14 feet to an angle point hereof;
FN NO. 07-056(MM)
JANUARY 29, 2007
PAGE 2 OF 2
THENCE, N66009134"W, continuing over and across said Lot 2, for a
portion of the southerly line hereof, a distance of 6.39 feet to
the POINT OF BEGINNING, containing an area of 0.243 acres (10,600
sq. ft.) of land, more or less within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY+PARTNERS, INC.
ENGINEERING SOLUTIONS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
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JOHNT BILNOSKII R.P. .S.
N0. 410
STATE OF TEXAS
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0 50 100 150 200
1"=100'
LEGEND
• 1/2" IRON ROD FOUND
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
LINE TABLE
NO. BEARING I DISTANCE
L1
N2110'00"W
28.29'
L2
S66'09'34"E
17.89'
L3
S2 '1600"E
20.00'
L4
N56'09'34"W
6.39'
L5
S21 -1 0'00"E
9.13'
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CABINET J, CONSTRUCTION EASEMENT
SLIDES
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(R.O.W. VARIES)
11.058 AC. TOOLMEN
REMAINDER OF 110.549 AC. CORPORATION
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(R.O.W. VARIES)
11.058 AC. TOOLMEN
REMAINDER OF 110.549 AC. CORPORATION
NORMA S. STEELE, TRUSTEE DOC, 110. 20115014912
DOC. NO. 1999085604 0.950 AC.
CHARLES RICKJ VERDE
DOC, NO. 9820837
'I DATE: 01/29/071 FILE: H:\1149\52\114962X74.dwg IFN No.: FN07-056(MM) IDRAWN BY: MM IPROJ. No: 1149-62
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SKETCH TO ACCOMPANY DESCRIPTION
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NEWLAND
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COMMUNITIES
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THE PLAT RECORDS OF NILUAMSON COUNTY, TEXAS SITUATED IN
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'I DATE: 01/29/071 FILE: H:\1149\52\114962X74.dwg IFN No.: FN07-056(MM) IDRAWN BY: MM IPROJ. No: 1149-62
Council Meeting Date: July 10, 2007 Item No.: V
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a Resolution finding public convenience
and necessity and authorizing eminent domain proceedings, if necessary, for certain
public utility infrastructure improvements; and establishing an effective date;
pertaining to the acquisition of real property from the Leroy and Merle Weir Charitable
Trust for electric utility improvements.
ITEM SUMMARY:
The City needs to acquire easements across property owned by the Leroy and Merle
Weir Charitable Trust to install electric utility improvements that will connect with the
Chief Brady Substation.
The attached proposed Resolution enables the eminent domain process to commence in
the event the parties are unable to reach agreement through good faith negotiations.
ATTACHMENTS:
Proposed Resolution
Submitted By:
Terri Glasby Calhoun, Paralegal, GUS
Patricia E. Carts, Brown & Carls, LLP
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN FINDING PUBLIC CONVENIENCE
AND NECESSITY AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN
PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of easements upon, over, under and/or across property described by metes and bounds in the
attached Exhibit "A" and by sketch in the attached Exhibit `B", which exhibits are
incorporated herein by reference as if fully set out and subsequently referred to collectively as
the "Property," for construction, reconstruction, improvement, operation and maintenance and
extension of public utility lines (the "Project"); and
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of utility easements on the sites described by metes and bounds in the attached Exhibit "A" and
by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if
fully set out and subsequently referred to collectively as the "Utility Easement(s)" in connection
with the "Project"; and,
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility
Easements upon, over, under and across the Property for the purpose of construction,
reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the laying out, establishment, and
acquisition of the Utility Easements, and the construction of utility lines, and appurtenances;
WHEREAS, in order to acquire the Utility Easements, it will be or has been necessary for
the City's agents, representatives, or employees to enter upon the Property for the purpose of
surveying and establishing said land titles and to determine adequate compensation for said land,
to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and,
WHEREAS, it was necessary to set out procedures for the establishment and approval of
just compensation for each of the parcels to be acquired for the Project;
Resolution No.
Weir Charitable Trust PCN -ED Resolution
Page 1 of 3
Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown:
1. That in order to promote the public health, safety, and welfare, public convenience
and necessity require the construction, reconstruction, improvement, operation and
maintenance and extension of water, wastewater, electric, or other public utility lines
on the real property described by metes and bounds in the attached Exhibit "A" and
by sketch in the attached Exhibit `B", which exhibits are incorporated herein by
reference as if fully set out.
2. That public convenience and necessity require the acquisition of easements upon,
over, under and across the Property and other properties for the purposes of
construction, reconstruction, improvement, operation, and maintenance and extension
of water, wastewater, electric, or other public utility lines, and appurtenances thereto.
3. That the City's agents, representatives, or employees are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property or
other properties;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities,
the establishment and acquisition of the required easements, and the
construction of the utility lines, and appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the
easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase thereof;
e. To purchase easement title to the Utility Easement, and execute all
documents necessary to acquire such easements, all subject to express
approval of the specific, negotiated terms by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the Property
for easement title for the Utility Easement in the event the owner(s) fail to
accept a bona fide offer to purchase the Utility Easement(s); and
g. Take whatever further actions deemed appropriate to economically effect
the establishment of the Project and appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the Property and
Utility Easement are hereby authorized, ratified, approved, confirmed, and validated.
This resolution shall take effect immediately from and after its passage.
Resolution No.
Weir Charitable Trust PCN -ED Resolution
Page 2 of 3
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this _ day of July, 2007.
ATTEST: THE CITY OF GEORGETOWN:
L-2
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Resolution No.
Weir Charitable Trust PCN -ED Resolution
Page 3 of 3
Gary Nelon, Mayor
EXHIBIT
LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT
BEING 0.652 of an acre of land, situated in the John Powell Survey, Abstract No. 491, and the
Francis A. Hudson Survey, Abstract No. 295, in Williamson County, Texas, said land being a
portion of that certain tract of land, called 895.98 acres, as conveyed to L.G. Weir and wife,
Merle P. Weir, by deed as recorded in Volume 462, Page 623, of the Deed Records of
Williamson County, Texas. Surveyed on the ground in the month of February, 2007, under the
supervision of Brian F. Peterson, Registered Professional Land Surveyor, and being more
particularly described in two tracts as follows;
Tract 1 (0.292 of an acre)
BEGINNING at an iron pin set on the West line of Interstate Highway No. 35, being the East
line of the remainder of the above referenced 895.98 acre Weir tract, being the most easterly
Southeast comer of that certain Tract I Electric Line Easement and Right -of -Way, called 0.216
of an acre, as conveyed to the Lower Colorado River Authority by deed as recorded in Volume
2253, Page 117 of the Official Records of Williamson County, Texas, for the Northeast comer
hereof;
THENCE, along the said West line of Interstate Highway No. 35, along a curve to the left
(Radius s 11,659.19 feet, long chord bears S 14028'45" W, 18.44 feet), an arc distance of 18.44
feet to an iron pin set for the Southeast comer hereof;
THENCE, S 68°55'45" W, passing an easterly line of the said 0.216 of an acre Tract I Electric
Line Easement and Right -of -Way for a total distance of 754.35 feet, in all, to an iron pin set and
N 87°26'15" W, passing a westerly line of the said 0.216 of an acre Tract 1 Electric Line
Easement and Right -of -Way for a total distance of 88.92 feet, in all, to an iron pin set on the East
line of the Georgetown Railroad 100 -foot -wide Right -of -Way as conveyed to the Georgetown
Railroad Company, Inc., by deed as recorded in Volume 429, Page 179, of the Deed Records of
Williamson County, Texas, for the Southwest corner hereof;
THENCE, along the said East line of the Georgetown Railroad 100 -foot -wide Right -of -Way,
N I M'45" W, 16.07 feet to an iron pin set for the most westerly Southwest comer of the said
0.216 of an acre Tract I Electric Line Easement and Right -of -Way, for the Southwest comer
hereof,
THENCE, S 8702611511 E, at 86.40 feet pass an iron pin found marking an interior comer of the
said 0.216 of an acre Tract 1 Electric Line Easement and Right -of -Way, for a total distance of
91.54 feet, in all, to an iron pin set and N 68055'45" E, at 5.03 feet pass an iron pin found
marking an interior comer of the said 0.216 of an acre Tract I Electric Line Easement and Right -
of -Way for a total distance of 761.94 feet, in all, to the Place and BEGINNING and containing
0.292 of an acre of land.
Note: The above described 0.292 of an acre tract of land shall have the benefit of a 35 -foot -wide
temporary construction and access easement along, adjacent to and 35 feet in width along the
entire South line of the 0.292 of an acre tract.
Tract 2 (0.360 of an acre)
BEGINNING at an iron pin set on the North line of Chief Brady Substation Subdivision, a
subdivision of record in Cabinet L, Slide 188, of the Plat Records of Williamson County, Texas,
for the most southerly Southeast comer hereof; from said point the most southerly Southeast
comer of that certain Tract 2 Electric Line Easement and Right -of -Way, called 0.258 of an acre,
as conveyed to the Lower Colorado River Authority by deed as recorded in Volume 2253, Page
177, of the Official Records of Williamson County, Texas, bears S 85002'45" E, 71.33 feet;
THENCE, along the said North line of Chief Brady Substation Subdivision, N 85002'45" W,
56.88 feet to an iron pin set for the Southwest comer hereof;
THENCE, N 44045'15" E, passing the West line of the said 0.258 of an acre Tract 2 Electric
Easement and Right -of -Way for a total distance of 200.21 feet, in all, to an iron pin set on an
easterly line of the said 0.258 of an acre Tract 2 Electric Easement and Right -of -Way for an
interior comer hereof;
THENCE, N 4°56' E, 317.87 feet to an 'von pin found marking an interior comer of the said
0.258 of an acre Tract 2 Electric Easement and Right -of -Way, for the Northwest comer hereof;
THENCE, along the South line of the said 0.258 of an acre Tract 2 Electric Line Easement and
Right -of -Way, N 85017'30" E, 397.18 feet to an iron pin found and S 88005'30^ E, 41.60 feet to
an iron pin found on the West line of the Georgetown Railroad I00 -foot -wide Right -of-Way as
conveyed to Georgetown Railroad Company, Inc., by deed as recorded in Volume 429, Page
179, of the Deed Records of Williamson County, Texas, marking the most easterly Southeast
comer of the said 0.258 of an acre Tract 2 Electric Line Easement and Rightof-Way, for the
Northeast comer hereof;
THENCE, along the said West line of the Georgetown Railroad 100 -foot -wide Right -of -Way,
S 18-25'45-E, 16.07 feet to an iron pin set for the most easterly Southeast comer hereof;
THENCE, N 88°05'30"W, 46.87 feet to an iron pin set and S 85017130" W, 383.08 feet to an
iron pin set for an interior comer hereof;
THENCE, S 4056' W. 318.45 feet to an iron pin set for a southeasterly comer hereof;
THENCE, S 44°45'15" W, crossing the said 0.258 of an acre Tract 2 Electric Easement and
Right -of -Way, for a total distance of 134.38 feet, in all, to an iron pin set for an interior comer
hereof;
THENCE, S 5°21' W, 37.34 feet to the Place and BEGINNING and containing 0.360 of an acre
of land.
Note: The above described 0.360 of an acre tract of land shalt have the benefit of a 20 -foot -wide
temporary construction easement along, adjacent to and 20 feet in width along the entire East and
South line of the 0.360 of an acre tract.
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON I
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 certify which, witness ZZ
hand and seal at Georgetown, Williamson County, Texas, this the
%� day of ; Z t i � 2007, A.D.
Brian F. Peterson
Registered tonal Land Surveyor, No. 3967
State of Texas
2I033c-Id
STEGE IZZELL
1978 S. Austin Ave
Ge getoam. TX 78626
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Council Meeting Date: Tuly 10, 2007
AGENDA ITEM COVER SHEET
Item No.:
SUBJECT:
Consideration and possible action regarding the authorization of a Donation Agreement
between the City and the W.D. Kelley Foundation for the donation of property to the
City for electric utility improvements along CR 116.
ITEM SUMMARY:
As part of Project Lone Star, two underground electric lines are in the process of being
installed to serve the Citibank datacenter that is currently under construction along SE
Inner Loop, although the facilities being installed are designed to accommodate the
service needs of other customers along the entire route in expectation of future growth
and development in the area. The route of the south line, which will connect to the
Georgetown South Substation, crosses property owned by the W.D. Kelley Foundation
(the "Foundation"). The Foundation has offered to donate the necessary property for
the improvements in anticipation of future improvements to CR 116. Attached is the
proposed Donation Agreement, which sets out the terms of the proposed donation.
Since the property will be acquired in fee simple, a title commitment has been ordered
an ancitipation of the issuance of a title policy upon closing of the transaction. The title
commitment on the property has not been received as of the agenda item submission
deadline. Therefore, staff is seeking Council approval of the agreement, subject to
review and acceptance of the title commitment by the City Attorney.
ATTACHMENTS:
Proposed Donation Agreement
Submitted By:
Terri Glasby Calhoun, Paralegal, GUS
Patricia E. Carls, Brown & Carls, LLP
City Attorney
DONATION AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
The parties to this Donation Agreement are the W.D. Kelley Foundation, a Texas
nonprofit corporation, ("Donor"), whose address is 707 Rock Street, Georgetown, Texas
78627, and the City of Georgetown, Texas, a Texas home rule municipal corporation
("City"), whose address is P.O. Box 409, Georgetown, Texas 78627.
Donor has agreed to donate to the City and the City has agreed to accept the
donation of the fee simple estate in the following described real property for the
placement, construction, operation, repair, and maintenance of utility facilities on, over,
under, and across the following described property of the Donor, to wit:
Being 0.761 of an acre tract of land, situated in the Francis A. Hudson
Survey, Abstract No. 295 in Williamson County, Texas, said land being a
portion of that certain tract of land called 34.1118 acres, and that certain tract
of land, called 36.1651 acres, as conveyed to the W.D. Kelley Foundation by
deed recorded as Document No. 2002001129 of the Official Records of
Williamson County, Texas; and also being a portion of that certain tract of
land, called 6.01 acres, as conveyed to the W.D. Kelley Foundation by deed
recorded as Document No. 2006039850 of the Official Records of Williamson
County, Texas;, surveyed on the ground in the month of May 2007, under
the supervision of Brian F. Peterson, Registered Professional Land Surveyor,
and being more particularly described by metes and bounds in Exhibit "A"
and by diagram in Exhibit "B", both attached hereto and made a part hereof
(the „Property")
Subject to the terms herein set forth, Donors and the City furth; r hereby agree as follows:
1. Donor represents and warrants to the City that, to the best of Donor's
knowledge and belief:
a. The Property is not subject to any liens or encumbrances.
b. Donor has sole fee simple title to the Property, free and clear of all
easements, restrictions, conditions, exceptions or reservations, except for
those matters of record in the Official Public Records of Williamson
County, Texas on the date of this Agreement.
Donation Agreement
Page 1 of 9
c. There are no lawsuits pending or, to the best of Donor's knowledge,
threatened, against or involving Donor or the Property.
d. There are no pending or threatened adverse claims affecting the
Property.
e. The Property has not been used as a landfill or for the storage or disposal
of any hazardous or toxic materials.
f. There are no third parties in possession of any portion of the Property as
lessees, tenants at sufferance, or trespassers; there are no leases, licenses
or other agreements relating to the use, occupancy or possession of the
Property.
g. The signatories to this Agreement have the authority to execute this
Agreement on the terms herein set forth and to give, grant and convey
the Property to the City pursuant hereto.
2. All representations and warranties herein set forth shall expressly survive
the dosing of this transaction.
3. Donor hereby agrees, on even date herewith, to give, grant, and convey the
Property by Special Warranty Deed to the City in the form attached hereto
as Exhibit "C", which Deed contains a reservation of an easement in favor of
the Donor over the surface of the Property for ingress and egress to Donor's
adjacent property.
4. Donor and the City agree that the value of the Property is Two and No/100
Dollars per square foot within the Property, or Sixty -Six Thousand Two
Hundred Eight -Eight and No/100 Dollars ($66,288.00).
5. To the extent necessary, the Donor agrees, prior to or concurrently with the
delivery of the Deed, to execute and record in the Official Public Records of
Williamson County, an instrument expressly exempting the Property from
the provisions of any restrictive covenants affecting the subdivision of which
the Property is a part.
6. At the election and expense of the City, the City may obtain an Owner's Title
Policy over the Property in the amount of the agreed value, insuring the
City's fee simple title to the Property to be good and indefeasible, which
policy shall be subject only to the Permitted Exceptions and the standard
exceptions to title; provided that: (i) the Donor shall, upon request of City,
provide an affidavit sufficient to remove from the policy the exception as to
"the rights of parties in possession", and (ii) the City may elect to furnish a
Donation Agreement
Page 2 of 9
current on the ground survey and to pay the additional policy premium
required to delete the "survey exception' from the policy, to the extent
permitted by applicable title insurance rules.
7. Donor shall deliver the executed Deed to the City and sole possession of the
Property to the City upon approval by the City Council of this Agreement.
8. Grantor and City agree that, in connection with the City's proposed use of
the Property, the City shall, at the City's expense, remove the existing fence
on the Property and install a replacement fence sufficient to tum cattle, in a
location on the Donor's adjacent property, as determined by the Donor;
provided that the length of the fence to be installed by the City is
substantially similar in length to that removed by the City.
Donation Agreement
Page 3 of 9
EXECUTED as of
CITY:
City of Georgetown, Texas
Gary Nelon, Mayor
Address:
City Manager
City Hall
113 E. 8's Street
Georgetown, Texas 78626
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
►K1110YA
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Donation Agreement
Page 4 of 9
DONOR:
W.D. Kelley Foundation, a Texas Nonprofit
Corporation
By:
Printed Name: Dale Illig
Title: President
Address:
W.D. Kelley Foundation
c/o Dale Illig, President
707 Rock Street
Georgetown, Texas 78627
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
'2007, by Gary Nelon, Mayor or the City of Georgetown, Texas, a
Texas home -rule municipal corporation, on behalf of the City of Georgetown.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
'2007, by Dale Illig, President of W.D. Kelley Foundation, a Texas
non-profit corporation, on behalf of said corporation.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO GRANTEE.:
Georgetown Utility Systems
Attn: Tem Glasby Calhoun
300-1 Industrial Avenue
Georgetown, Texas 78726
Donation Agreement
Page 5 of 9
EXHIBIT
LEGAL DESCRIPTION FOR A PROPOSED RIGHT-OF-WAY
BEING 0.761 of an acre of land, situated in the Francis A.'Hudson Survey, Abstract No.
295, in Williamson County, Texas, said land being a portion of that certain tract of land,
called 34.1118 acres, and that certain tract of land, called 36.1651 acres, as conveyed to
W. D. Kelley Foundation by deed as recorded as Document No. 2002001129 of the
Official Public Records of Williamson County, Texas, also being a portion of that certain
tract of land, called 6.01 acres, as conveyed to W. D. Kelley Foundation by deed recorded
as Document No. 2006039850 of the Official Public Records of Williamson County,
Texas. Surveyed on the ground in the month of May, 2007, under the supervision of
Brian F. Peterson, Registered Professional Land Surveyor, and being more particularly
described as follows;
BEGINNING at an iron pin found on the west line of County Road No. 116, marking the
Northeast comer above -reverenced 6.01 acres W.D. Kelley Foundation tract, being the
Southeast corner of that certain tract of land, called 6.000 acres, as conveyed to Samuel
V. Fox and wife, Margaret E. Fox, by deed as recorded in Volume 720, Page 285, of the
Deed Records of Williamson County, Texas, for the Northea:.. comer hereof;
THENCE, along the said West line of County Road No. 116, being the East line of the
said 6.01 acre W.D. Kelley Foundation tract, S 21036'45" E, 350.88 feet to an iron pin
found, marking the Southeast corner of the above -referenced 6.01 W.D. Kelley
Foundation tract, being the Northeast comer of the above -referenced 36.1651 acre W.D.
Kelley Foundation Tract, and continuing along the East line of the said 36.1651 acre W.
D. Kelley Foundation tract, S 21020'15" E, 99.89 feet to an iron pin found and
S 21 *1 I' 15" E, 187.22 feet to an iron pin found marking the Southeast corner of the said
36.1651 acre W. D. Kelley Foundation tract, being the Northeast comer of the above -
referenced 34.1118 acre W. D. Kelley Foundation Tract, and continuing along the East
line of the said 34.1118 acre W. D. Kelley Foundation Tract, S 21018' E, 314.49 feet to
an iron pin found marking the Northeast comer of that certain tract of land, called 3.83
acres, as conveyed to the City of Georgetown, a municipal corporation located in
Williamson County, Texas, by deed recorded as Document No. 2006043525 of the
Official Public Records of Williamson County, Texas, for the Southeast corner hereof;
THENCE, along the North line of the said 3.83 acre City of Georgetown tract,
S 68056' W, 38.06 feet to an iron pin set for the Southwest comer hereof;
THENCE, N 20°55'45" W passing the North line of the said 34.1118 acre W. D. Kelley
Foundation tract, being the South line of the said 36.1651 acre W. D. Kelley Foundation
tract, at 601.14 feet pass an iron pin set on the said North line of the 36.1651 acre W. D.
Kelley Foundation tract, being the South line of the said 6.01 acre W. D. Kelley
Foundation tract for a total distance of 952.16 feet, in all, to an iron pin set on the North
line of the said 6.01 acre W.D. Kelley Foundation tract, being the South line of the said
6.000 acre Fox tract, for the Northwest comer hereof,
THENCE, N 68°17'30" E, 30.29 feet to the Place of BEGINNING and containing 0.761
of an acre of land.
STATE OF TEXAS }
KNOW ALL MEN BY THESE
PRESENTS:
COUNTY OF WILLIAMSON }
I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this
survey was made on the ground of the property legally described hereon and is correct.
To certify which, witness my hand and seal at Georgetown, Williamson County, Texas,
this the ZZ, -r'� day of 10'/k t 2007, A.D.
t OF p�, EGE IZZELL
�Psre+
Brian F. Peterson fe Fo�� 1978 S. Austin Ave
Georgetown, Tx 78626
Registers nal Land Surveyor, No. 3967 B IAN�`F PEfEpgpjf (512) 930-9412
tate of Texas .'s 3987 PdQ:.
21033r -Id
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Proposed
County Road No- 116
Right -of Way
A Portion of the
W.D. Kelley Foundation Tracts
Francis A. Hudson Survey
Abstract No. 295
Williamson County, Texas
STEGE IZZELL
EXHIBIT "C"
FORM OF SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST
IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
lilyllh151oil �
DATE: . 2007
GRANTOR: The W.D. Kelley Foundation, a Texas non-profit corporation
GRANTOR'S MAILING ADDRESS (including County): 707 Rock Street,
Georgetown, Williamson County, Texas 78627
GRANTEE: City of Georgetown, a Texas home -rule municipal corporation
GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409,
Williamson County, Texas 78627
CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and
valuable consideration.
PROPERTY (including any improvements):
Being 0.761 of an acre tract of land, situated in the Francis A. Hudson
Survey, Abstract No. 295 in Williamson County, Texas, said land
being a portion of that certain tract of land called 34.1118 acres, and
that certain tract of land, called 36.1651 acres, as conveyed to the
W.D. Kelley Foundation by deed recorded as Document No.
2002001129 of the Official Records of Williamson County, Texas; and
also being a portion of that certain tract of land, called 6.01 acres, as
conveyed to the W.D. Kelley Foundation by deed recorded as
Document No. 2006039850 of the Official Records of Williamson
County, Texas;, surveyed on the ground in the month of May 2007,
under the supervision of Brian F. Peterson, Registered Professional
Special Warranty Deed
Page 6 of 9
Land Surveyor, and being more particularly described by metes and
bounds in Exhibit "A" and by diagram in Exhibit "B", both attached
hereto and made a part hereof (the "Property").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY: This conveyance is made, delivered and accepted subject to any
and all easements, covenants, rights-of-way, conditions, restrictions, outstanding
mineral interests and royalty interests, if any, relating to the Property, to the
extent, and only to the extent, that the same may still be in force and effect, and
either shown of record in the office of the County Clerk of Williamson County,
Texas, or apparent on the Property.
Grantor hereby reserves unto Grantor, its successors and assigns, and any
subsequent owner(s) of all or any part of the real property more particularly
described on Exhibit "C" attached hereto and made a part hereof for all purposes
("Grantor's Remaining Property"), an easement and right-of-way, in common
with Grantee and the subsequent owner(s) of the Property, over and across the
surface only of the Property (the "Reserved Easement Areas"), for the sole
purposes of providing ingress and egress from the Grantor's Remaining Property
to the adjacent public rights of way currently known as County Road 116 in
Williamson County, Texas. Grantor shall not be permitted to install any
improvements on the surface of the Reserved Easement Areas, except as
expressly consented to by Grantee; provided that Grantor may pave the
Reserved Easement Areas. In exercising the rights herein reserved, Grantor, its
successors and assigns shall comply with all rules, regulations, ordinances and
standards pertaining to driveways and access points in effect and applicable to
Grantor's Remaining Property. It is the intention of Grantor and Grantee that the
Reserved Easement Areas be more particularly defined by metes and bounds by
mutual agreement of Grantor and Grantee once the actual driveways and access
points to Grantor's Remaining Property are determined. At such time, the parties
agree to file an instrument in the Official Public Records of Williamson County,
Texas more particularly defining i' -ie Reserved Easement Area as agreed by the
parties, to accommodate the actual -on -the -ground driveways and access points
once constructed.
Grantee, its successors and assigns, and subsequent owner(s) of the
Property shall be entitled to use the I:eserved Easement Areas, in common with
Grantor, and the subsequent owner(s) of Grantor's Remaining Property for any
and all purposes and at all times, including without limitation the placement,
Special Warranty Deed
Page 7 of 9
construction, operation, repair and maintenance of utility lines, streets,
driveways, and landscaping in, under, across, over and along the Reserved
Easement Areas; provided, however, that any such use shall not unreasonably
interfere with the rights herein retained and reserved unto Grantor and the
subsequent owner(s) of Grantor's Remaining Property.
Grantor, for the consideration and subject to the Reservations From and
Exceptions to Conveyance and Warranty, GRANTS, GIVES, and CONVEYS to
Grantee the Property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and hold it to Grantee and
Grantee's heirs, successors and assigns forever. Grantor binds Grantor and
Grantor's heirs, successors and assigns to warrant and forever defend all and
singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the Reservations From and Exceptions to Conveyance
and Warranty, when the claim is by, through, or under Grantor, but not
otherwise.
GRANTOR:
W.D. Kelley Foundation, a Texas Nonprofit Corporation
By:
Printed Name: Dale Illig
Title: President
Address:
W.D. Kelley Foundation
c/o Dale Illig, President
707 Rock Street
Georgetown, Texas 78627
Special Warranty Deed
Page 8 of 9
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
. 2007, by Dale Illig, President of W.D. Kelley Foundation, a
Texas non-profit corporation, on behalf of said corporation.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO GRANTEE:
Georgetown Utility Systems
Attn: Tem Glasby Calhoun
300-1 Industrial Avenue
Georgetown, Texas 78726
Special Warranty Deed
Page 9 of 9
Council Meeting Date: luly 10, 2007
AGENDA ITEM COVER SHEET
Item No.:(X
SUBJECT:
Consideration and possible action regarding the donation of 20 acres of land consisting
of a 12.7586 -acre tract of land owned by Del Webb Texas Limited Partnership and a
7.2414 -acre tract of land owned by Somerset Hills, Ltd., for the future location of a
wastewater treatment plant.
ITEM SUMMARY:
As part of the Development Agreement Regarding Annexation and Development of
Cowan Springs between the City and Somerset Hills, Ltd., recorded as Document No.
2006051007 in the Official Records of Williamson County, Texas, Somerset Hills, Ltd.
agreed to donate at least twenty (20) acres of land to facilitate the construction of a
wastewater treatment plant by the City. The attached deed will convey the property to
the City for that purpose. A title commitment has been ordered on the property, but
has not been received as of the date of submission of this agenda item. Therefore, staff
is seeking approval of acceptance of donation of the property, subject to review and
approval of the title commitment by the City Attorney and clearance of any title
objections by the grantor(s).
ATTACHMENTS:
Proposed Special Warranty Deed
Submitted By:
Terri Glasby Calhoun, Paralegal, GUS
Patricia E. Carls, Brown & Carls, LLP
City Attorney
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
Del Webb Texas Limited Partnership, a Arizona limited partnership
("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration to Grantor in hand paid by the CITY OF
GEORGETOWN, TEXAS, a home rule municipal corporation organized and existing
under the laws of the State of Texas ("Grantee"), having its principal office and its
mailing address at 113 E. 8s' Street, Georgetown, Texas 78626, has GRANTED and
CONVEYED, and by these presents does GRANT, and CONVEY, unto Grantee, the real
property situated in Williamson County, Texas, which is described in Exhibit "A",
attached hereto and incorporated herein by reference for all purposes ("Tract One."),
together with all tenements, hereditaments, rights, privileges, interests, easements and
appurtenances belonging to or in anywise pertaining to Tract One.
Somerset Hills, Ltd., a Texas limited partnership ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF GEORGETOWN,
TEXAS, a home rule municipal corporation organized and existing under the laws of the
State of Texas ("Grantee"), having its principal office and its mailing address at 113 E.
8`h Street, Georgetown, Texas 78626, has GRANTED and CONVEYED, and by these
presents does DEDICATE, GRANT, and CONVEY, unto Grantee, the real property
situated in Williamson County, Texas, which is described in Exhibit "B", attached
1
hereto and incorporated herein by reference for all purposes ("Tract Two"), together with
all tenements, hereditaments, rights, privileges, interests, easements and appurtenances
belonging to or in anywise pertaining to Tract Two.
Tract One and Tract Two are together referred herein as the "Property".
TO HAVE AND TO HOLD the above-described Property, unto Grantee, its legal
representatives, successors and assigns, forever; and each Grantor does hereby bind itself,
its successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the
tract it is conveying (as described above) unto Grantee, its legal representatives,
successors and assigns, against every person or entity whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or under Grantor, but not otherwise.
Grantee's use is subject to the provisions of Section 13 of the Development
Agreement Regarding Annexation and Development of Cowan Springs between Grantee
and Somerset Hills, Ltd., recorded as Document No. 2006051007 in the Official Records
of Williamson County, Texas, which states in pertinent part that the Property will be used
for the location of a wastewater treatment plant.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, this Deed is executed on the day of
, 2007.
GRANTOR OF TRACT ONE: DEL WEBB TEXAS LIMITED
PARTNERSHIP
An Arizona Limited Partnership
BY: Del Webb Southwest Co., Inc.
An Arizona Corporation
General Partner
0
GARY L. NEWMAN
Division President
GRANTOR OF TRACT TWO: SOMERSET HILLS, LTD.
A Texas Limited Partnership
By: Somerset Hills Management, L.L.C.
A Texas Limited Liability Company
Its General Partner
By:
Robert D. Wunsch, President
NOTARIAL CERTIFICATE
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGED BEFORE ME by GARY L. NEWMAN., as Division President of DEL
WEBB SOUTHWEST CO., INC., an Arizona corporation and the sole General Partner of DEL WEBB
TEXAS LIMITED PARTNERSHIP, an Arizona limited partnership, on this day of
2007, on behalf of said Arizona corporation, said Arizona limited partnership.
Notary Public — State of Texas
\STATE OF TEXAS
COUNTY OF TRAVIS
ACKNOWLEDGED BEFORE ME by ROBERT D. WUNSCH, as President of Somerset Hills
Management, LLC, a Texas limited liability corporation, General Partner of Somerset Hills, Ltd. on this
day of , 2007, on behalf of said Texas limited liability company and limited
partnership.
Notary Public — State of Texas
rd
METES AND BOUNDS DESCRIPTION
12.7586 ACRES
FREDERICK FOY SURVEY, A-229
WILLIAMSON COUNTY, TEXAS
Being 12.7586 acres of lurid situated in the Frederick Foy Survey, A-229, Williamson County, Texas and
being a portion of a called 125.379 acre tract conveyed to DEL WEBB TEXAS LIMITED
PARTNERSHIP under Document No. 2004075169 of the Official Records of Williamson County, Texas
(O.R. W.C.T.). Said 12.7586 acre tract being more particularly described by metes and bounds as follows
with all bearings being referenced to the Texas State Plane Coordinate System, Texas Central Zone, NAD
83193 HARN Datum. Coordinates shown hereon are grid and all distances were converted to surface by
multiplying by the combined factor of 1.000143965.
BEGINNING at a 12 -inch iron rod (with cap stamped "SURVCON INC.'j found (X= 3,110,446.30: Y=
10,246,110.14) marking the northwest comer of said 125.379 acre tract and being the northeast comer of
a called 1013.527 acre tract of land conveyed to SOMERSET HILLS, LTD, a Texas Limited Partnership,
under Document No. 2004098880 of the O.R.W.C.T. Said point also being in the south he of the
remainder of a called 963.84 acre tract conveyed to John F. Yearwood as recorded in Volume 1813, Page
665 of the OJLW.C.T.;
THENCE, N 69°25'58" E, a distance of 141.49 feet, along the common boundary line of said 125.379
acre tract and south line of the remainder of a called 963.84 acre tract conveyed to John F. Yearwood, to a
Cotton Spindle found for an angle point;
THENCE, N 68"08'40" E, a distance of 469.33 feet, continuing along the common boundary line of said
125.379 acre tract and south line of the remainder of a called 963.84 acre tract conveyed to John F.
Yearwood to a 12 -inch iron rod found for corner, same being the northwest comer of a called 97.068 acre
tract of land conveyed to John F. Yearwood, of ux, as recorded under Document No. 9840749 in the
O.R.W.C.T;
THENCE, S 24°33'00" E, a distance of 869.39 feet along the common boundary tine of said 125.379 acne
and 97.068 acre tracts to a 12 -inch iron rod found for comer,
THENCE, S 68°2634" W, a distance of 671.19 feet, leaving said common boundary line, to a 12 -inch
iron rod (with cap stamped "SURVCON INC.") set for comer, and being in the east line of the
aforementioned 1013.527 acre tract;
THENCE, N 20°34'02" W, a distance of 868.34 feet along the west line of said 1013.527 acre tract to the
POINT OF BEGINNING containing a computed area of 12.7586 acres (555,766 square feet) of land.
Larry L. Conwell Date
Registered Professional Surveyor
Texas Registration No. 4002
SURVCON INC.
400 WAS" Street, Suite 430
Austin, Texas 78701
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PIAT OF
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f1 e9Jr..almau�
EXHIBf
r
METES AND BOUNDS DESCRIPTION
7.2414 ACRES
FREDERICK FOY SURVEY, A-229
WILLIAMSON COUNTY, TEXAS
Being 7.2414 acres of land situated in the Frederick Foy Survey, A-229, Williamson County, Texas and
being a portion of a called 1013.527 acre tract of land conveyed to SOMERSET HILLS, LTD, a Texas
Limited Partnership, under Document No. 2004098880 of the Official Records of Williamson County,
Texas (O.R.W.C.T.). Said 7.2414 acre tract being more particularly described by metes and bounds as
follows with all beatings being referenced to the Texas State Plane Coordinate System, Texas Central
Zone, NAD 83/93 HARN Datum. Coordinates shown hereon are grid and all distances were converted to
surface by multiplying by the combined factor of 1.000143965.
BEGINNING at a 1/2 -inch iron rod (with cap stamped "SURVCON INC.') found (X= 3,110,446.30: Y=
10,246,110.14) marking the northeast comer of said 1013.527 acre tract of land and being the northwest
comer of a called 125.379 acre tract conveyed to DEL WEBB TEXAS LIMITED PARTNERSHIP under
Document No. 2004075169 in the O.R.W.C.T. Said point also being in the south line of the remainder of
a called 963.84 acre tract conveyed to John F. Yearwood as recorded in Volume 1813, Page 665 of the
OJLW.C.T.;
THENCE, S 20°3,02" E, a distance of 868.34 feet along the common boundary line of said 1013.527
acre and 125.379 acre tracts to a 1/2 -inch iron rod (with cap stamped "SURVCON INC.'I found for
comer,
THENCE, S 68°2634" W, a distance of 331.59 feet, leaving said common boundary line, to a 1/2 -inch
iron rod (with cap stamped "SURVCON INC.") set for comer,
THENCE, N 24°33'00" W, a distance of 876.18 feet to a 1/24ach iron rod (with cap stamped
"SURVCON INC.") set for comer and being located in the north line of said 1013.527 acre tract and the
said south line of the remainder of a called 963.84 acre tract conveyed to John F. Yearwood;
THENCE, N 69°2558" E, a distance of 392.39 feet along the common boundary line of the 1013.527 acre
tract and the south line of the remainder of a called 963.84 acre tract conveyed to John F. Yearwood to the
POINT OF BEGINNING containing a computed area of 72414 acres (315,433 square feet) of land.
Larry L. Conwell Date
Registered Professional Surveyor
Texas Registration No. 4002
SURVCON INC.
400 W.15" Street, Suite 430
Austin, Texas 78701
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PREM MARY
L yY�a. M hm
Sl7AV N I
wl
Council Meeting Date: July 10, 2007 Item No. V
AGENDA ITEM COVER SHEET
SUBJECT:
An ordinance amending solid waste disposal rates and rate structure in order to fully recover the cost of
solid waste disposal services and maintain the utility as self-supporting. This ordinance has eliminated
the Rate Schedule as an attachment, by presenting all rates in the body of the ordinance, and includes a
reference to billing for catastrophic storm cleanup and lost sanitation containers. Second Reading
ITEM SUMMARY:
The current rates for solid waste disposal were established in October 2004. With the sharp rise
in oil and fuel costs over the last 21/2 years, these rates are no longer adequate to cover the cost of
providing service.
In October 2006, Georgetown Utility Systems (GUS) began reviewing not only the rates for solid
waste disposal, but also the services that are offered proceeding under the assumption that we first
needed to determine if we were providing services that meet the citizens' needs and expectations. To do
this, seven focus groups were created, with residential participants from across Georgetown, as well as,
representatives from small and large commercial businesses and local builders and developers. The
input from these participants was the basis of our selection of solid waste programs and services
to offer to citizens.
Once the required services were established, the staff did an m -depth study of the costs of the
sanitation services by customer type, in order to get a better handle on the costs of service, and the most
equitable distribution of those costs. The goal was to develop rates that reflect the true cost of service to
each customer type, with each type paying its fair share of the costs of operating the utility.
This proposed rate ordinance and amended rate structure are a reflection of citizens' expectations
of services and the cost to provide those services. It presents a three-tier rate system for inCQty residents
with GUS solid waste service, out -of -City residents with GUS solid waste services, and Commercial and
ETJ residents without GUS services.
FINANCIAL BUFACT
Of the proposed rates, 841/o will be distributed to the solid waste contractor, with the remaining
16% retained by the City. This revenue will be used to reducing the debt service on the closed landfill,
landfill maintenance, Collection Station expense and re -permitting.
• Ddu t.�Ml.
• L
Ordinance
Kathy Ragsdale, Utility Office Director
Micki Rundell, Director of Finance and Administration
•
ORDINANCE
AN ORDINANCE OF THE CITY CJUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REPEALING AND REPLACING SECTION
13.04.180 OF THE CITY CODE OF ORDINANCES RELATING TO
"RATES AND CHARGES — SOLID WASTE DISPOSAL —
SCHEDULE;" REPEALING CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown recently re -negotiated a garbage
hauling and disposal contract with Texas Disposal Systems; and
WHEREAS, the Texas Disposal System contract negotiations have resulted in changes in
services and costs for services, as set forth herein; and
WHEREAS, the City Council has found and determined that it is in the best interest of
the public to have the following services provided to its citizens and others in the
extraterritorial jurisdiction (ETJ) and service area of the City's collection station and
transfer station, and that the following rates are fair and equitable for such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
3.0 Policy Statement: "City owned, sponsored, or managed health and human
services enhance the quality of life for the citizens of Georgetown."
11.0 Policy Statement: "City owned, sponsored, or managed utilities are
competitively priced and provide safe, adequate, and reliable services to all
customers."
Ordinance
GARBAGE RATE ORDINANCE
Page 1 of 6
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 2 Existing Section 13.04.180 is hereby deleted in its entirety and replaced
with the following:
Section 13.04.180 Rates and charges --Solid waste disposal --Schedule.
A. Rates and charges for solid waste disposal are is follows:
Rate Schedule Tier I Tier II Tier III Schools
Residential Service
$14.05
$16.55
$17.50
N/A
Mandatory recycling [a]
included
included
$3.00
N/A
Subscription recycling
N/A
N/A
$5.35
N/A
Bulky waste beyond
$170.95
$178.40
$178.40
$150.05
quarterly pickup
$225.00
$234.80
$234.80
$197.50
per cubic yard
$25.00
$25.00
N/A
N/A
Note [a]: Mandatory recycling
is required in
Tier 3 when 40% of the defined area
utilizes the
city contracted municipal solid waste service provider.
Frequency/ week: 1
$60.35
Commercial Rates
$63.00
$53.00
40 Frequency / week: 2
$117.70
Service container
$122.80
$103.35
Frequency/ week: 3
$186.05
Frequency/ week: 1
$18.55
$19.40
$19.40
$18.55
Frequency / week: 2
$35.60
$37.15
$37.15
$35.60
Frequency / week: 3
$51.65
$53.90
$53.90
$51.65
Frequency / week: 4
$67.80
$70.75
$70.75
$67.80
Frequency /week: 5
$84.00
$87.65
$87.65
$84.00
Excess trash over 1/2 $10.00 $10.00 $10.00 $10.00
yard beside container
2 CY Dumpster
Frequency/ week: 1
$43.05
$44.95
$44.95
$37.85
Frequency / week: 2
$105.10
$109.70
$109.70
$92.30
Frequency / week: 3
$170.95
$178.40
$178.40
$150.05
Frequency / week: 4
$225.00
$234.80
$234.80
$197.50
Frequency/ week: 5
$277.50
$289.55
$289.55
$243.55
3 CY Dumpster
Frequency/ week: 1
$60.35
$63.00
$63.00
$53.00
40 Frequency / week: 2
$117.70
$122.80
$122.80
$103.35
Frequency/ week: 3
$186.05
$194.15
$194.15
$163.30
Ordinance
GARBAGE RATE ORDINANCE Page 2 of 6
Frequency / week: 4 $241.35 $251.80 $251.80 $211.85
Frequency/ week: 5 $293.90 $306.65 $306.65 $258.00
4 CY Dumpster
Frequency/ week: 1
$74.50
$77.75
$132.50
$77.75
$65.35
Frequency / week: 2
$129.25
$134.90
$242.80
$134.90
$144.35
$113.45
Frequency/ week: 3
$190.45
$198.70
$256.25
$198.70
Frequency / week:
$167.15
Frequency / week: 4
$248.25
$259.00
$281.20
$259.00
5 $397.75
$217.90
Frequency / week: 5
$305.75
$319.00
Frequency / week:
$319.00
$448.90
$268.45
6 CY Dump'ster
Frequency/ week:
1 $91.10
$95.05
$132.50
$95.05
$79.95
Frequency/ week:
2 $164.35
$171.50
$242.80
$171.50
$144.35
Frequency / week:
3 $245.60
$256.25
$342.95
$256.25
$215.75
Frequency / week:
4 $320.05
$333.95
$436.40
$333.95
$281.20
Frequency / week:
5 $397.75
$415.00
$519.60
$415.00
$349.50
Frequency / week:
6 $430.20
$448.90
$594.35
$448.90
$378.30
8 CY Dumpster
$57.50
$57.50
Frequency/ week:
1 $109.00
$113.75
$113.75
$95.65
Frequency/ week:
2 $192.10
$200.45
$200.45
$168.70
Frequency/ week:
3 $276.50
$288.55
$288.55
$242.85
Frequency / week:
4 $351.20
$366.50
$366.50
$308.75
Frequency/ week:
Frequency / week:
5 $398.65
6 $478.45
$416.00
$499.25
$416.00
$499.25
$350.50
$420.65
10 CY Dumpster
Frequency/ week: 1
$126.95
$132.50
$132.50
$111.40
bin / container
Frequency / week: 2
$232.70
$242.80
$242.80
$204.35
$120.00
Frequency / week: 3
$328.65
$342.95
$342.95
$288.70
Frequency / week: 4
$418.20
$436.40
$436.40
$367.45
Frequency/ week: 5
$497.95
$519.60
$519.60
$437.70
3 cubic yards
40 4 cubic yards
Frequency / week: 6
$569.60
$594.35
$594.35
$500.85
$57.50
Locking devices for
Commercial containers
One-time charge $53.00 $53.00 $53.00 $53.00
Monthly fee $5.00 $5.00 $5.00 $5.00
Casters for commercial
$15.80
$15.80
$15.80
$15.80
bin / container
Special paint for containers
$120.00
$120.00
$120.00
$120.00
Unscheduled extra pickups
commercial containers
One-time Charge
2 cubic yards
$40.25
$40.25
$40.25
$40.25
3 cubic yards
40 4 cubic yards
$51.75
$57.50
$51.75
$57.50
$51.75
$57.50
$51.75
$57.50
6 cubic yards
$57.50
$57.50
$57.50
$57.50
Ordinance No.
GARBAGE RATE ORDINANCE Page 3 of 6
8 cubic yards
$69.00
negotiated
$69.00
$69.00
$69.00
10 cubic yards
$86.25
$86.25
$86.25
$86.25
Roll off services
$130.00
N/A
N/A
Hauling charges:
Daily rental
$3.10
$3.10
N/A
N/A
Delivery - one time
$394.45
N/A
N/A
30 cubic yards
35 cubic yards
$432.40
$451.95
charge
$88.40
$88.40
N/A
N/A
N/A
N/A
Monthly hauling charges
$471.50
N/A
N/A
42 cubic yard
$479.55
20 cy - 1x haul
$340.00
$340.00
N/A
N/A
N/A
20 cy - 2x haul per
haul
$233.00
$233.00
N/A
N/A
30 cy - 1x haul
$370.00
$370.00
N/A
N/A
30 cy - 2x haul per
haul
$265.00
$265.00
N/A
N/A
40 cy - 1x haul
$403.00
$403.00
N/A
N/A
40 cy - 2x haul per
haul
$297.00
$297.00
N/A
N/A
Front load compactor Per CY capacity per scheduled pick up cost and/or compactor
IM
Additional services
Sludge roll -off 20 yard $395.00 $395.00 N/A N/A
container
Manned neighborhood cleanup services using roll -off boxes $35.00 per hour plus a 10%
discount for disposal and transportation costs.
Commercial recycling
container
8 cy, 1x per week $120.75 $120.75 $120.75 $120.75
8 cy, biweekly $103.50 $103.50 $103.50 $103.50
8 cy, 1x per month $86.25 $86.25 $86.25 $86.25
Commercial service cart
recycling.
Cart Rental / month $8.00 $8.00 $8.00 $8.00
1 st service cart $30.00 $30.00 $30.00 $30.00
Additional cart $20.00 $20.00 $20.00 $20.00
Public Disposal Fees
at the collection
station
Bulky waste above
service
Ordinance No.
GARBAGE RATE ORDINANCE
Page 4 of 6
rental cost to be
negotiated
per customer.
Commercial compactor
Rental fee
$130.00
$130.00
N/A
N/A
Hauling charges:
20 cubic yards
$394.45
$394.45
N/A
N/A
30 cubic yards
35 cubic yards
$432.40
$451.95
$432.40
$451.95
N/A
N/A
N/A
N/A
40 cubic yards
$471.50
$471.50
N/A
N/A
42 cubic yard
$479.55
$479.55
N/A
N/A
IM
Additional services
Sludge roll -off 20 yard $395.00 $395.00 N/A N/A
container
Manned neighborhood cleanup services using roll -off boxes $35.00 per hour plus a 10%
discount for disposal and transportation costs.
Commercial recycling
container
8 cy, 1x per week $120.75 $120.75 $120.75 $120.75
8 cy, biweekly $103.50 $103.50 $103.50 $103.50
8 cy, 1x per month $86.25 $86.25 $86.25 $86.25
Commercial service cart
recycling.
Cart Rental / month $8.00 $8.00 $8.00 $8.00
1 st service cart $30.00 $30.00 $30.00 $30.00
Additional cart $20.00 $20.00 $20.00 $20.00
Public Disposal Fees
at the collection
station
Bulky waste above
service
Ordinance No.
GARBAGE RATE ORDINANCE
Page 4 of 6
0
40
provided in residential
rate. Per cubic yard. $8.00 $14.00 $18.00 N/A
Brush / per cubic yard
Refrigerators / each
Air Conditioners / each
Batteries / each
Oil / 1 gallon
Oil Filter/ each
Residential recycling
per car load
Tires ($ per each)
Auto tires (13 - 15 in.)
Small tires (16 - 19
in.)
Large truck (20 - 24
in.)
Tractor (25 - 28 In.)
Industrial (29 -48 in.)
Huge tractor (39 - 48 in.)
N/A
$7.00
$15.00
N/A
$30.00
$35.00
$40.00
N/A
$30.00
$35.00
$40.00
N/A
$2.00
$2.00
$5.00
N/A
$1.00
$1.00
$2.00
N/A
$1.00
$1.00
$2.00
N/A
$1.00
$1.00
$2.00
N/A
$5.00
$7.00
$15.00
N/A
$8.00
$14.00
$24.00
N/A
$12.00
$18.00
$29.00
N/A
$15.00
$35.00
$49.00
N/A
$25.00
$52.00
$69.00
N/A
$35.00
$70.00
$96.00
N/A
B. If service is rendered during any portion of any month the customer will be
required to pay a pro -rated fee for service.
C. Except as provided in this section, all owners, occupants, tenants and lessees
using or occupying any building, house or structure within the corporate limits of
the City shall be required to use exclusively the City's waste disposal services.
D. Catastrophic storm cleanup will be provided, within the city limits, by a
contractor appointed by the City, at the discretion of the Assistant City Manager of
Utilities or his assignee. Costs for catastrophic storm cleanup will be assessed
evenly to all Tier I customers as a one-time charge, additional to the monthly
sanitation fee, on the utility bills, after the cleanup has been completed and the cost
of the cleanup has been established.
E. Customers requesting replacement of the City -provided sanitation container,
three or more times in a calendar year, may be required to pay a replacement fee
equal to the cost incurred by the City sanitation contractor to replace it. Such fee
will be charged to the customers utility bill as a one-time charge.
Ordinance No.
GARBAGE RATE ORDINANCE
Page 5 of 6
iSECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
40
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter with billings on or
after September 10, 2007.
PASSED AND APPROVED on First Reading on the day of
2007.
PASSED AND APPROVED on Second Reading on the day of
2007.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance
Gary Nelon
Mayor
GARBAGE RATE ORDINANCE Paee 6 of 6