HomeMy WebLinkAboutAgenda CC 05.25.2003Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
�— Tuesday, March 25, 2003 J
The Georgetown City Council will meet on Tuesday, March 25, 2003 at 06:00:00 PM at the San Gabriel
Room of the Georgetown Municipal Complex, 300 Industrial Avenue, 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 and made available for broadcast
by the local cable company.
Regular Session to convene and continue Executive Session, if necessary
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
- Pending Litigation
- Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt.
Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th
Judicial District Court of Williamson County, Texas
- Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Oficial Capacity as Chief of
Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Oficial Capacity as Captain of
the Georgetown Police Department,, Gary Todd Terbush, Individually and in his Oficial Capacity as Lieutenant of the
Georgetown Police Department; Georgetown Police Department; and the City of Georgetown, Defendants, Cause No.
A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division.
- Pending or contemplated litigation or settlement offers, and advice on legal matters, including:
- Del Webb regarding Development Agreement and Water/Wastewater Utility Agreement
- CTSUD regarding Water Quality Land Application for Proposed Permit No. 14371-001 before the TCEQ
- Don Dison regarding complaint to FAA
- ServiceMaster regarding Bid No. 23008 - Janitorial and Floor Cleaning Services
Regular Session - To begin no earlier than 6:00 P.M.
(The City Council for the City of Georgetown reserves the right to adjourn into executive session at any time during
the course of this meeting to discuss any of the matters listed below, as authorized by Texas Government Code
Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations
about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and
551.086 (Economic Development).
B Call to Order
C Pledge of Allegiance
D Comments from the dais regarding the following items:
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
- Proclamation to Honor the Georgetown Lady Eagles
- Announcement of Two Vacancies on Board of Adjustment
E Announcements and Comments from City Manager
City Council Agenda/March 25, 2003
Page 1 of 5 Pages
Citizens Wishing to Address Council
- Clark Lyda, 1220 S. Austin Avenue, regarding: "Concerns regarding possible conflicts of interest relating
to Mayor Gary Nelon's participation in Del Webb Amendment 7 negotiations and request for Council
investigation of same."
- B. Keith Peshak, 800 Oak Crest Lane, regarding: "The Council's plan to appropriate $18 million from the
taxpayers (that's about $2,000/taxpayer) and give it away."
- Dan Shortlidge, 200 Sinuso Drive, representing the Sequoia Trail West Homeowners Association,
regarding: "the Sequoia Trail West Wastewater line."
G 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.
H Consideration and possible action to approve the minutes of the Council Workshop on Monday, March 10,
and the Council Meeting on Tuesday, March 11, 2003 -- Sandra D. Lee, City Secretary
I Consideration and possible action to purchase the biological odor control system (ZABOCS) in the
amount of $18,825,for use in the wastewater collection system currently under lease from US Filter — Glenn
Dishong, Water/Wastewater Services Manager and Jim Briggs, Assistant City Manager for Utility
Operations
J Consideration and possible action for the award of the annual bid for janitorial supplies to various
bidders in the estimated amount of $20,100.00 — Terry Jones, Support Services Manager and Micki
Rundell, Director of Finance and Administration
K Quit Claim Deeds
1. Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed
abandoning a portion of a ten (10) foot Public Utility Easement on the north property line of
Serenade East, Unit 4, Block 2, Lot 14 and on the south property line of Serenade East, Unit 5,
Block 4, Lot 1, located at 4306 and 4308 Luna Trail -- James Babcock, Development Technician
and Amelia Sondgeroth, Director of Planning and Development Services
2. Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed
abandoning a portion of a Drainage Easement in Lot 1B, Block1 of a resubdivsion of San Gabriel
Village, Section 1, Block 1, Lot 1, located at 20 Waters Edge Circle — James Babcock,
Development Technician and Amelia Sondgeroth, Director of Planning and Development Services
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Ethics
1. Discussion and possible action on a report from the Council Ethics Subcommittee —
Councilmembers Jack Noble, Doug Smith, and Farley Snell
2. Consideration and possible action to appoint the members to the Ethics Commiittee as
established by Council action on March 11, 2003, clarification of appointment process, and
consideration of an appointment of the Chair of that committee -- Paul Brandenburg, City Manager
3. Discussion and possible action to address a complaint letter from Keith Peshak regarding
Councilmember Farley Snell and to address complaints or concerns regarding elected officials —
Paul Brandenburg
City Council Agenda/March 25, 2003
Page 2 of 5 Pages
M Consideration and possible action to review consideration for the award of bid for janitorial and floor
cleaning services -- Paul Brandenburg, City Manager
Georgetown Municipal Airport
1. Consideration and possible action to adopt a resolution establishing certain policies for the
operation and maintenance of the Georgetown Municipal Airport and to guide the update of the
Airport Master Plan — Tom Yantis, Assistant City Manager
2. Consideration and possible action to determine how to proceed with the FAR Part 150 Airport
Noise Compatibility Program — Tom Yantis, Assistant City Manager
3. Consideration and possible action regarding acceptance of the F.A.A. Entitlement Grant for
Fiscal Year 2003, in the amount of $450,000.00 — Travis McLain, Airport Manager and Tom Yantis,
Assistant City Manager
4. Consideration and possible action on authorizing an Airport Advisory Board Subcommittee to
organize and conduct an Airport Open House in celebration of the 100th anniversary of the Wright
Brother's first powered aircraft flight -- Travis McLain, Airport Manager and Tom Yantis, Assistant
City Manager
O Discussion and possible action to extend the contract with Winter and Company for the Downtown Master
Plan -- Tom Yantis, Assistant City Manager
P Consideration and possible action to authorize the staff to negotiate the transfer of a portion of the City's
Water CCN to the City of Round Rock — Jim Briggs, Assistant City Manager for Utility Operations and
Patricia E. Carts, City Attorney
Q Consideration and possible action on a Concept Plan for a resubdivision of Berry Creek Section Five and
all of Sybert Subdivision, being 73.08 acres in the William Roberts Survey, to be known as Berry Creek
Section Five, located off Hwy 195 and St. Andrews Drive — Melissa McCollum, Development Planner and
Amelia Sondgeroth, Director of Planning and Development Services
R Consideration and possible action on a Public Review Final Plat of 70.32 acres out of the William Roberts
and John Berry Surveys to be known as Villages of Berry Creek, located on CR 190 and Briarcrest Drive —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
S Second Readings
1. Second Reading of an Ordinance Rezoning 70.32 acres out of the William Robert and John Berry
Surveys from A, Agricultural to RP, Residential Planned, or more restrictive district, located on the
north side of CR 190 between SH 195 (east) and Briarcrest Drive (west) to be known as the
Villages of Berry Creek, — Bobby Ray, Chief Development Planner and Amelia Sondgeroth,
Director of Planning and Development Services
2. Second Reading of an Ordinance amending the 2002/03 Annual Operating Plan Element
(budget) for various adjustments relating to the timing of capital projects, increase of Y. cent sales
tax, grant approvals, and financing of fleet replacement — Laurie Brewer, Controller and Micki
Rundell, Director of Finance and Administration
Public Hearings / First Readings
1. First and Final Reading of an ordinance authorizing the issuance of $325,000 of self-supporting
Public Property Finance Contractual Obligations (PPFCO) to fund 6 patrol vehicles and partially
fund a sewer vacuum truck — Micki Rundell, Director of Finance and Administration.
2. First Reading of an Ordinance to amend Section 13.04.120 of the Code of Ordinances of the City
of Georgetown entitled "Rates and Charges - Water Schedule" -- Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
3. Public Hearing to consider Rezoning 23.42 acres within Berry Creek Section 5 from RS,
Residential Single -Family, R -P, Residential Planned, and C-1, Local Commercial to RS,
City Council Agenda/March 25, 2003
Page 3 of 5 Pages
Residential Single -Family, or more restrictive district, located on the west side of SH 195 and east
of Kingsway Road — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of
Planning and Development Services
4. First Reading of an Ordinance Rezoning 23.42 acres within Berry Creek Section 5 from RS,
Residential Single -Family, R -P, Residential Planned, and C-1, Local Commercial to RS,
Residential Single -Family, or more restrictive district, located on the west side of SH 195 and east
of Kingsway Road — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of
Planning and Development Services
5. Public Hearing to consider Rezoning of Crestview Addition, Unit 1, Block 2, Lot 6, from RS,
Residential Single Family to RM -3 Office and Service Use, or more restrictive district, located at
1612 Williams Drive — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director
of Planning and Development Services
6. First Reading of an Ordinance Rezoning of Crestview Addition, Unit 1, Block 2, Lot 6, from RS,
Residential Single Family to RM -3 Office and Service Use, or more restrictive district, located at
1612 Williams Drive — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director
of Planning and Development Services
8. First Reading of an Ordinance for a Century Plan Amendment, from the existing Intensity Level 2
to the proposed Intensity Level 4, for 4.75 acres out of the Joseph Fish Survey, located off FM
2338 (Williams Drive), and Penny Lane — David Munk, Development Engineer and Amelia
Sondgeroth, Director of Planning and Development Services
9. Public Hearing to consider Rezoning a 4.75 acre tract in the Joseph Fish Survey, from A,
Agricultural, to RM -3, Residential Office and Service Use, or more restrictive district, located at the
southeast comer of the intersection of Penny Lane and Williams Drive — Bobby Ray, Chief
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
10. First Reading of an Ordinance Rezoning a 4.75 acre tract in the Joseph Fish Survey, from A,
Agricultural, to RM -3, Residential Office and Service Use, or more restrictive district, located at the
southeast comer of the intersection of Penny Lane and Williams Drive — Bobby Ray, Chief
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
12. First Reading of an Ordinance for a Century Plan Amendment from the existing Intensity Level 2
to the proposed Intensity Level 4, for 4.76 acres out of the Joseph Fish Survey, located off FM
2338 (Williams Drive), and Penny Lane — David Munk, Development Engineer and Amelia
Sondgeroth, Director of Planning and Development Services
13. Public Hearing to consider Rezoning of a 4.76 acre tract 1n the Joseph Fish Survey, from A,
Agricultural to RM -3, Residential Office and Service Use, or more restrictive district, located at the
northwest comer of the intersection of Penny Lane and Williams Drive (FM 2338) — Bobby Ray,
Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
14. First Reading of an Ordinance Rezoning of a 4.76 acre tract in the Joseph Fish Survey, from A,
Agricultural to RM -3, Residenfial Office and Service Use, or more restrictive district, located at the
northwest comer of the intersection of Penny Lane and Williams Drive (FM 2338) — Bobby Ray,
Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
U Discussion and possible action regarding Charter Amendment Ballot Language and corresponding text
changes to Charter — Patricia E. Carts, City Attorney
V Consideration and possible action to approve a resolution amending Resolution No. 011103-M-2 and
Resolution No. 031103-U to further correct references to Charter section numbers on the ballot language
and to make any other changes found necessary by the Council for the Charter Amendment Election and
to appoint election officials for the May 3, 2003 General Election -- Sandra D. Lee, City Secretary and
Patricia E. Carts, City Attorney
City Council Agenda/March 25, 2003
Page 4 of 5 Pages
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 , 2003, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/March 25, 2003
Page 5 of 5 Pages
Council Meeting Date: March 25, 2003 Item No. LL
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to purchase the biological odor
control system (ZABOCS) currently under lease from US Filter for $18,825.
ITEM SUMMARY:
The City of Georgetown entered into a temporary lease agreement
with US Filter in January 2002 to evaluate the use of a ZABOCS unit
to control odor in the wastewater collection system. The unit has
been effective at controlling odor at the installed location.
The purchase of this unit is being timed with the scheduled
replacement of carbon filter media. Purchase of the unit and
cancellation of the current lease will save the City $3,525.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds in the amount of $18,825 will come from the Wastewater Fund.
STAFF RECOMMENDATION:
Staff recommends the purchase of the ZABOCS unit.
GUS BOARD RECOMMENDATION:
N/A - below the threshold for GUS Board review.
COMMENTS:
NONE
ATTACHMENTS:
1. ZABOCS Unit Lease.
2. Proposal from US Filter.
Submitted By:
for Utilit
Glenn W. Dishong,
Manager Water Services Ma
Sent By: USFILTER; 858 486 BS Mar 11-03 14:55; Hage 2/6
March 11, 2003
DcarMr. Dishong:
Per your request, here is a proposal for the buyout of the lease for the ZABOCS unit in Georgetown, as well as
replacement of carbon media. Based on the last visit by USFilter, H2S seems to be the principle odor generated
there. Addition of fresh carbon media will take care of this problem if H2S is, as we suspect, the main culprit.
This part of the proposal is divided up into 3 parts, as we have 2 different carbon media to choose from, and we
will also give the costs for having USFilter remove, replace, and dispose of the old carbon media.
I. Buyout of ZABOCS Lease:
Assuming the buyout as of March 1, 2003:
Original Sales Price: $27,000
Less 75% of down Payment: ($2,025)
Less 75% of lease paid thm 3/1 (14 months): ($10,500)
Plus Lease for Jan/Feb: $
Net amount to buyout: $16,475
2. UOCH-KP Impregnated Carbon Media:
The price for 500 pounds of pelletized, virgin, activated carbon ' $850 elivered to Georgetown. This is
the standard carbon which can last anywhere from 6 months to 1 year.
3. Midas OCMrm Carbon Media:
There is a new carbon media out that is unlike any other odor control media available in the market place
today. This odor control media is not impregnated and has an extraordinarily high H2S breakthrough capacity. It
lasts about 5 to 6 times longer than the UOCH-KP carbon media listed above. The Midas OCMT m carbon media
should last 2 to 3 years. The cost for 500 pounds of Midas OCMrat carbon media is $2,150 delivered to
Georgetown, TX. Should this carbon media fail within the first year (something we consider unlikely) we would
be willing to replace the Midas carbon with one fresh batch of virgin activated carbon at no cost.
4. Labor.
USFi remove the existing carbon, replace it with the new carbon, and haul and dispose of the old
carbon for 1,500. s includes approximately 10 hours work, travel time and the disposal fee.
aTNa 0>, yr Wslon conhhu cerratdanaal hkvnsaon Intended for Ufa or4y by the above named iedPlent. neadU g, d1wAsion, dlaalbueon, or oopytng
a(eraxwa44ga a adojy p-W&"d by amiana edpr ayn ev r=Wd Mdpienl or tie a Mr "Ooyoea o agents, ad you have mmNed thb fm m error.
pions MvnedrA* maty W by btaptnry (caeadi and Tatum #,, mipind manage b is at the a W" address via U.S. Postal SaMca.
Pam 2 503-041
Geug@tD-
MAR 11 2003 15:18 856 496 8501 PAGE.002
Sent By: USFILTER; 858 486 8501; Mar -11.03 14:56; Nage 3/b
Attached, please find General Terms & Conditions. AnY resulting order should reference the attached terns and
conditions.
It is our pleasure to have this oppommity to provide our services to the city of Georgetown.
Sincerely,
Margaret Bettyhill
Aftermarket Sates Manager
whk, "namhWw Wn4Mu cbn88a "kftvw on ntrgW ar use "by aw abo names and wX. Prdna, daaa"% deu how. or DOWN
of Na msomp Is *$* Pftf� byWW* 0t-~ M WWW napM a Ma a hw enybyw aagwtL wltyaa hwe nod ed &b%x n error,
3Mmw&My noWy Wby UWO w(0d . arra mvnfia OWW MM30W to- u 4w aboe Wdwa w U.s. Poww SWAM- S03W1GewpOwn
Pap
MAR 11 2003 15:18 858 486 8501 PAGE.003
Sent By: USFILTER; B58 466 6501; Mar -11.03 14:56; Page 4/6
USFBta RI Environmental Products
General Tams aid Coaditlans of Sale
1. Emilmmeml Sole USFilta RJ Environmental Products ("USFAU.IE") offers to sell to Customa the equipment, including installation and/or
startup services, if any, described in USF/RJE's Proposal (collectively, the -Equipment'), subject to the remr and conditions act forth haen. This
offer is conditioned now Customer's assent to the exclusive applicability of these tams and conditions. No additional, different or inconsistent
terms ser fords, in any purehuc oda or other document of Cost== shall be binding on USF/RJE, uni"s otherwise expressly agreed to in a writing
signod by USF/RJE.
2. gyyRpl. C atorma shell pay to USPAUE the full purchase price for the Equipment in the amount and subject to the payment retie set forth to
USF/RR's Proposal. All smosmty referred to herein aro demmirsted and shall be paid in U.S, Dollars. Unka otherwise stared in LISPIRJR's
Proposal, price ere F.O.B. shipping point and payment tame are net thirty (30) days Gam date of USPAUE's invoice. Paymems «oeived after the
due date shall bear interest at the rate of I!/°% (o the highest rate permitted by law, if less) for each month Of potion of a month until paid-
Customer
aidCustotter shall reimburse USF/IUE for all costs, including reasonable moneys' fees, inanad by USF/RJE to salons Cutiomer's payment
obligations.
3. Segtirltw DntatrM. Customer grants USFAUE a security interest in Cu err is interest (if any) in the Equipment (and any attachments. additions
or improvements and ptooeeds) to secure CSuromer's payment obligations hereunder, whenever arising. Custoncr shall execute finemcing sutcmanu
and take all otter sits requested by USF/RJE to perfect maintain and evidence such security interest
4. Toed. C st nso and Charges Unless Otherwise Sotefllyd In USFfM 3 Prnneeal. Custotoff shall pay for all sales, use, value-added and
Other taxes, levier, duties and tariff, parnit or license fees or other governmental charges relating to or incurred in correction with USP/RJE's
performance hereunda or imposed on the tnuuwt'Jetme, storage, stile, transponstion, import, export, delivery, use or consumption of the Equipment.
Despite the foregoing if USF/RJE is requited, due to CustameYs failure or otheswisc, to stoke any such PsY^ltsnt4 Csutoma shall inotediaely
reimburse USFAUE therefor.
5. Shfnmeus a.d D�verv. Delivery of the Equipment shall be -made in material compliance with the schedule set forth in USF/RJE's Proposal.
Unless othemwsise specified in USF/RJE's Proposal, USF/RJE shall pack, erste, label aid ship the Equipment in accordance with Its customary
methods. Delivery of each item of equipment Included in the Equipment shall be complete upon tender of the Equipment to the carrier, P.O.B.
shipping point, whereupon title and risk of loss of the Equipment shall pass to Cutoma. Unless specified otherwise in USF/RJE's Proposal,
Customer shall be solely responsible for unloading, storing, assembling and installing the Equipment.
6. Ownership of I>es&a Materlah. All manttfeot long devices, drawings. specifications, designs, plans, computer programs and other documcbts,
information or data prepared by LW/R-TE in connection with its performance hereunder, and all related inoollcerual Property, rights, shall be
USF/M's property. USF/RJE hereby grants to Customer a noir-excluo ve, noir-tramfaablc license for Customer to use MY such informauan for
Ceatomei s use, maintenance or repait of the Equipment. In no cage shall C u user provide such information to third parties without USFIM's
prim written ocoei
7. Chug* in tits Sed1e err the W ark No change in the scope of the work set forth in USFAt.IE's Proposal shall be implemented unless Customer
and USFIRJE agree in a writing signed by both parties xx to the nature of the charge and its price and schedule inspect.
S. MWn sf (]afros. Notwithstanding anything sisc herein, U$FAUE and Cuuorner waive all clainu against each other (and against each other's
affiliates, (wb)<ansetors, vendors, employe", agents and repaeatoti es) for loan o damage in any of their rcapatiw property.
9. Wanstity. (a) USFAUB warrants to Customer that the Equitmcot will conform in the specifications Or dwrip6on ser forth in USFAUE's
Proposed and will be free from defcea in mrtaial and workmanship for a period of twelve (12) months atter equipment aooeptmce or eighteen (19)
months aRa Bad shipment, whichever is shorter (the "wimanty Period"), The foregoing v ursntice ere conditioned upon Custosnn's (a) giving
USF4IJB notice of the defect within thirty (30) days a9a Customer discovers o should have diseovawd such defect end, in any eves, within thirty
(30) days after the end of the Warranty Period, and (b) keeping adequate records to establish it has operated and maintained the Equipment in
accordance with USP/Riffs instrudiora and has not undertaken any repair Or alteration of the Equipment without USF/M's consent, and (c) not
bong in default of any payment obligaim so USFI UE. The fo aliI ora n etke shall not apply to moral wear and tear, decomposition by
theroid action, wear caused by the presence of abrasive materials or damages caused in transit " by ndssse, neglect, aecident. Improper
instailatico, ocgl4cstce of abuse or by abnommal conditions of temperature. moisture or dirt Liability of Sella unda this warranty is conditioned
upon the Equipment bong hadlod, crested, *per". and misimmed in wcodmce with written uuftuctnns Provided or approved in writing by
Sella. THE WARRANTIES SET FORTH IN THIS SECTION ARE USF/RJE'S SOLE AND EXCLUSIVE WARRANTIES. USF/RJE MAKES
NO OTHER WAREANTf6S OF ANY )UND WHATSOEVER. EXPRESS OR "LIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY CUSTOM, TRADE
USAGE, PROMISE, EXAMPLE OR DESCRIPTION.
(b) Within a reasonable period after receipt of timely notice of a breach of the foregoing warranty, USFam shall, at its sole option, cithot (i) repair
or replace such defs:6w Equipnem or (u) "fund the eneowif paid for the defective Equipment (o Tawe a credit for any such unpaid amount). The
fMs mmi snisikss contains confidential IrO m oWn Intended lex We osdy by an abase finer nciplenf. ftOWN. discussion, dweYbuten. Of COWN
of puts men" Is e&I* Prohibited by anyone Ot ar sen lin rarieW recipient of his Or roe enpbyaaa of agents. ■If you have osoatvad this lax N anmr.
p � inarmedmtety mi ty see by nsspriome (collacQ, and maim an t eV* message to us at to above address via US. Postai Swca
i 501-041
Georgalsom
MAR 11 2003 15 19 958 486 9501 PAGE.e04
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9lc a5ed '/SDI EO-lI-�pW !1058 9AD 858 `N31lIdSn �AA :�25
Ser- By: USFILTER; 858 486 8501; Mar -11-03 14:5Bi Page 6!6
19. . In e..' any provision hereof is held to be invalid, illegal or uomforoeable, (a) such provision shill be limited or eactuded only to
the extent neoessary to make it valid, legal and enforceable, and (b) the validity, legality and enforceability of the $!$sarong provisions shall not be
20, d u The agreement contained herein may, not be canccllod or amended except by rtwtual written agreement of USFWE and
Customer. No course of denting or failure to srriedy "farce any term $hall be construed u a wtiver tlsercol Waiver of my sem shall not comtitutc
■ waiver of my other tam or a continuing waiver. This agttement shill be binding on the purity' respcwve succcasora and assigns; provided that
Cum= may not usign, delegaee or permit my other transfer of this agreement without USFIM's prior written conscnt hu agmernont shall be
governed by and oonaVued in accordance with the laws of the State of California, without regard to its conflict of laws provisions. This asme nest.
including Attachment 1, represmn the mum a =nm berwcbn the part" respect to the subject manor hereof, and supescedes all previous oral
and written negotiatioro, rep*esastanana, agrrxmenn or other txunounieatioos.
■fly, wan m"lon antrum! oonadendal Morsnadon hWr,"d for user only by 0a above r6rned radpWst. RaadFp. draws . diaoNueon. or CWYOV
of Tb nsxtape "s Ml dV prolmiled by anyone otter ban baa rartad mdpant or Na or her arrptvy,,, a"nta. Off you have rwtved Tis fax in error.
paaM knna dialely noety us by laleplwne (odlect), ,rad reLm Ta oe4nat m"sage In to at ba above address Na U.S. Posts) Service. 503.041
Pap, E
Caorgetown
MAR 11 2003 15:21 e56 496 8501 PAGE.006
seal MY: ubr1U tF; 858 486 8501; Jan -9-02 8:49; Page 3
USFi/te�
LEASE AGUEWNT FOR ZABOCS ODOR CONTROL SYSTEM
THIS AGREEMENT is made and entered on the 8m day of January, 2002, by and between
U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter/RJ Environmental, 13100 Gregg Street,
Suite B, Poway, CA 92064 (h=inafter called Lessor), and the City of Georgetown, Testas, 1101
North College, Georgetown, TX 78626 (hereinafter called Lessee),
The ZABOCS biological odor control systems are available on a lease/purchase option as
summarized in the following table.
NOW, THEREFORE. and in consideration of the mutual covenants contained herein, and
in consideration of the equipment, Lessor agrees to rent to Lessee the following:
One Zabocs' Model 4000 Biological Odor Control System
The parties hereto agree as follows based on said consideration:
1. It is agreed that the above described equipment shall be used for treating wastewater
process odors only.
2. It is further agreed that Lessee shall pay Lessor as rental $1,000 per month, in advance.
First mouth's lease payment is due upon delivery, installation and invoicing of equipment, with
subsequent monthly payments due on the first day of every month thereafter. Any additional units
leased by Lessee from Lessor hereafter will be subject to this Agreement_ A 10% down payment of
$2,700 and a one time mobilization fee of $4,000 per unit will be charged to the customer upon
equipment delivery. The down payment, mobilization fee and first monthly payment (total of
$7,700) are due upon receipt of equipment.
1 of 6
JAN 9 '02 10:46 858 489 8501 PAGE.003
Model 4000
base Term
36 mo
Purchase Price
$27,000
Down payment
$2,700
Mornthly payments
$1,000
Mobilization Fee
$4,000
Demobilization Fee
$3,500
NOW, THEREFORE. and in consideration of the mutual covenants contained herein, and
in consideration of the equipment, Lessor agrees to rent to Lessee the following:
One Zabocs' Model 4000 Biological Odor Control System
The parties hereto agree as follows based on said consideration:
1. It is agreed that the above described equipment shall be used for treating wastewater
process odors only.
2. It is further agreed that Lessee shall pay Lessor as rental $1,000 per month, in advance.
First mouth's lease payment is due upon delivery, installation and invoicing of equipment, with
subsequent monthly payments due on the first day of every month thereafter. Any additional units
leased by Lessee from Lessor hereafter will be subject to this Agreement_ A 10% down payment of
$2,700 and a one time mobilization fee of $4,000 per unit will be charged to the customer upon
equipment delivery. The down payment, mobilization fee and first monthly payment (total of
$7,700) are due upon receipt of equipment.
1 of 6
JAN 9 '02 10:46 858 489 8501 PAGE.003
sent ey: UJh1LItn; 858 486 8501; Jan -9-02 8:50; Page 4
USF;/te�
3. The term of this Agreement shall be for three (3) years from the date of delivery of the
equipment.. The lease may be cancelled by Lessee at any time without penalty. However the down
payment, mobilization fee and monthly payments to date are not refundable, and Lessee agrees to
pay the demobilization and return freight costs (or pay Lessor the demobilization fee listed above).
The ZABOCS system may be purchased at any time during the lease period for the purchase
price listed above. Credit towards the purchase price will be allowed for 75% of the down payment
and monthly payments to date. At the end of the LEASE period the Lessee may purchase the leased
equipment for the price of $100.
4. Furthermore, Lessee agrees to perform all preventative maintenance and routine service
as required by Lessor in the Operation & Maintenance Manual provided with the equipment.
5. Furthermore, Lessee shall provide adequate and necessary electricity and water supply for
each unit, and connections to suitable discharge drains.
6. Furthermore, Lessee agrees to be responsible for any damage to leased property caused
by negligence, accident, misuse, vandalism, or other causes beyond the control of Lessor, but not
including normal wear and tear, and damage caused by Lessor's employees or representatives.
7. Furthermore, it is mutually understood and agreed that this LEASE AOR.EFMWr may
be terminated for reason of nonperformance by either party upon giving of three months, (90 days),
written notice by Certified Mail, Return Receipt Requested, from either party to the other party at
the addresses listed above for each party hereto, such 90 days to commence on the date of the
mailing of such notice.
8. Lessor's liability under this Agreement shall be limited to the amounts paid to it pursuant
to this Agreement, and Lessor shall not be liable for any indirect, special, consequential or other
damages whatsoever. Lessor shall not be responsible for delays or failures in performance resulting
from acts or conditions beyond the control of Lessor. Neither party is responsible for failure to fu=
its obligations under this Agreement due to causes beyond its control (sec Attachment A for Lessor's
Standard Terms of Sale which shall apply to this agreement).
9. Lessee acknowledges that all material and goods which come into its possession in
connection with this Agreement consists of confidential and proprietary information and data, whose
disclosure to or use by third parties will be damaging to Lessor. L r4scc hereby agrees to hold such
material and information in the strictest confidence and not to make use thereof other than pursuant
2of6
JAN 9 '02 10:46 658 486 8501 PAGE.004
.C." oy. wa"1 IQM; 8b8 486 8501; Jan -9.02 8:50; Page 5/8
USFi/ter
to this agreement.
10. Lessor does not warrant that the equipment and goods leased hereunder will meet
I cssee's requirements or operate in the combinations chosen by Lessee or that the same will be error -
free, except for the express warranty referenced above, and Lessee does not make any implied
warranties, including any implied warranties of merchantability or flu" for particular purpose. The
limit of Lessors liability with respect to any express warranty herein is sU forth above.
11. Any written notice required or pcnnitted by this Agreement may be delivered by
depositing it in the United States Postal Service mail, postage prepaid, return receipt requested,
addressed to the party(ies) at the address(es) first above written.
12. This Agreement and all rights under the same shall not be assigned, Licensed, subleased
or otherwise transferred, in whole or in part, either voluntarily or by operation of law, by Lessee
without the prior written consent of Lessor.
13. This Agreement constitutes the entire Agreement between the parties hcmw and
supersedes all prior understandings, representations, oral negotiations and written correspondence,
all of which are incorporate herein, and no representations, understandings or agreements have been
relied upon other than those specifically set forth herein. This Agreement shall not be altered,
modified or amended except by written instrument duly executed by the authorized officers of each
party. Furthermore, this Agreement inures to the benefit of and is binding upon each of the parties
hereto, their respective successors and assigns.
14. Any delinquent payment by Lessee to Lessor shall carry a We payment charge of
eighteen percent (18%) per annum on the unpaid amount from the due date thereof.
15. This Agreement shall be construed in accordance with and governed by the laws of the
State of California.
16. At the tetminadon of this Agreement the equipment leaved hereunder shall be delivered
to Lessor by Lessee immediately, or within thirty (30) days after said termination the Lessec may
purchase said equipment from Lessor for $100.
3 of 6
JAN 9 '02 10:47 658 486 8501 PAGE.005
Sent By: USFILTER; 858 486 8501; Jan -9-02 8:50; Page eta
IN WITNESS WHERP.OF, each of the undersigned parties have hereunto set its hand and
affixed its seal by and through its undersigned authorized officers as of the day and year first above
written.
LESSOR: LESSEE:
U.S. FUter Wastewater Group, Inc.
City of Georgetown, TX
"/a US. Filter/RI Envi vnmmtrd
BY:
J J J
ATTEST:
DATE:
DATE:
NOTARY PUBLIC: NOTARY PUBLIC:
(Sew) (Seal)
DURA N7U(114S
MY COMMISSION EXPIRES
Nownbar20,2003
4of6
JAN 9 '02 10:47 858 486 8501 PAGE.006
oy. uar u.cn; 858 486 8501; Jan -9.02 8:51; Page 7/8
USI?li7Tto'SS ANDA TS?u.cnit5&U
�.
ApoficsibIc Team, These terms govern the purchase and sale of the equipment ("Egwpmeni") rdarcri to in Sellers
purchase order, quotation, proposal or acknowledgment, at the case may be ('Seller's Documenuaon"). Wbetber these toms ase
included in an offer Of an anecptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Sella
rejects all additional or diffaver, terms in any of Buyer, c forms or documents.
2. Pty!➢Cp6 Buys shall pay Seller the full purcbau price a set forth in Sellers Docimunuytloa. Unlese Selicei
Documentation provides otherwise, freight, storage, insurance and all rase, duties or other gnvesnmcnal charges relaxing to the
Equipment or my included services shall be paid by Buys. If Seiler is required to pay any such charger, Buys "I immtdi&Wy
mtimburse Seller. All payments ase due within 30 days after recnM of invoice. Buyer shall be charged the lower of i Vr% mac est per
mooch or the maximum legal rate on all amounts net received by the due date and shall pay all of Sella's reasonable costs (including
amomeys' feu) of collecting amounts due but imp id. All orders ate subject to credit approval.
3. Dellym, Delivery of the Equipment stall be in material compliance with cher scbedwc in Seller's Documentation. Unless
Sella's Documeaution provides otherwise, Delivery terms are F.O.B. Sena's facility.
4.p nf. srr,:als AB devices. designs (including drawings, plans and specifications), estimates, prices, notes,
electronic data and other documeou or infotvation prepared or disclosed by Sella, and all related intellects sl property rights, shall
remain Sellers property. Sellar gran¢ Buys a non-exclusive, rton-trsnsPerable license to use my such material solely for Bu)ce s use
of the Egwpment. Buyer shall not disclose my such material to third parties without Seller's prior Written consent-
5.
onsent
5. Chmms, Seiler shall trot wtplement any changes in the scope of work described in Seller s Documenauon unless Buyer
and Seiler ager in writing to the details of the change amd any =uldng pricy schedule or other contractual codifications- This
includes say change-ocessitated by a change in applicable law oceurring after the effective date of any contract Including these
terms.
6. War=ty. Sella warrants to Buyer that the Equipment shall matertaily comfurm to the description in Seller's
Documentation and shall be free from defect, in mala al and worimanslup. If Buys gives Seller pmmpt written nota« of bsesch of
this warranty within 18 nnmha from delivery or 1 year from acccpnacc, whichever occurs fins (the 'W&rnmly Period'), SoBer shall,
at Its sole option and as Buyers sole remedy, repair of replace the subject palm or refund the purchase price- If Seiler desermbma that
any claimed broach is not, in fact, covered by this warranty, Buyer shall pry Sella its Cern customary charges for any repair or
mplacament ®de by Seller. Seller's warnmryis conditioned on Buyer's (a) operating and mwnaiwng the Equipment in accordance
with Sella's imtructioos, (b) not mmlcing gray unaudwri»ed repairs or alterations, and (c) not being in default of any payment
obligation to Seller. Seiler's warranty does not cover damage caused by chemical action or abrasive maulial, misuse or improper
imallasiom (unless installed by Seiler). THE WARRANI7E.S SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND
EXCI.USLVE WARRANTIES AND AM SUBMCT TO SECTION 10 BELOW. SELI ER MAKES NO OTHER WARRANTIES
OF ANY KDM, E30%ESS OR IMPLM, INCLUDING WITHOUT LIM17AT70N, ANY WARRANTY OF
NCUtCTiANI'ABILITY OR FITNESS FOR PURPOSE.
7. jpdEmuj[k, Scll r shall indemnify, defend and hold Buys harmless from say cairn, cause of action or liability incurred by
Bum u a result of third Party claims for personal injury, death or damage to tingible property, to the extent caused by Scuds
negligence. Seller shag have the sole authority to direct the defense of and scale ray indemnified claim Seller's indemutificatiou a
conditioned oro Buyer (a) promptly, within the Warranty Period, notifying Sella of any claim, and (b) providing reasonable
cooperation in the defense of any claim
8.E2frLyj Under no circumstances shall Wher Seiler or Buyer have any liability for any breach (except for breach of
payment obligations) caused by extreme weather or other act of God. strike or otba labor shortage or dlsturbamce, nM accident, war
or civil disturbance, delay of carriers, failure of normal source of supply, act of government or any other cause beyond Koch party's
reasonable control.
9. Cancellation, If Buyer cancels or suspends its order for any teuan other tban Seller's breach, Buyer shall promptly pay
Seller for work performed prior to caacrl1m= or gasp,,,,, and any other direct costs incurred by Seller' u a rcswt of such
cancellation or suspension.
10. r l?&TATION OP t s,gart irY NOTWITHSTANDING ANYTHING El SE TO THE CONTRARY. S&I.ER SHALL
NOT BE LIABLE MR ANY CONSEQUENTIAL, INCIDENTAL, SPF.CTAI., PUNITIVE OR OTHER 2,DMECt DAMAGES.
AND SEI 3ER' S TOTAL LIABILITY ARISING AT A -NY TIME FROM THE SAIF OR USE OF THE EQUIPN0NT SHALL NOT
EX= THE FURCHASE PRICE PAID POR THE EQUIPMENT. THESE L342TATIONS APPLY W=HEF THE LIABILITY
IS BASED ON CONTRACT. TORT. STRICT LIABILITY OR ANY OTHER THEORY.
5of6
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,
Council Meeting Date: March 25, 2003 Item No.
• AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize the staff to negotiate
the transfer of a portion of the City's Water CCN to the City of Round Rock.
ITEM SUMMARY:
The City of Round Rock has been approached by developers who
desire water service from Round Rock in the far south-western
portion of Georgetown's Water CCN. This area borders the Round Rock
Water CCN. The reason for the request by the developer is that the
City of Round Rock has more infrastructure in the area, resulting in
a lower overall cost to provide water service to this area.
The Staff would like to negotiate the transfer of the CCN area
in exchange for compensation equivalent to current market value of
the CCN area, and bringing back to City Council a contract for the
exchange for consideration and approval.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT•
The exchange will likely result in near term savings to the Water
Capital Improvement Fund.
STAFF RECOMMENDATION:
Staff recommends the approval to proceed with negotiations with the City of Round Rock
for the transfer of a portion of the Georgetown Water CCN.
COMMENTS:
NONE
ATTACHMENTS:
1. CCN Value Analysis.
2. Partial Watet _g4N Map
Patricia L. earls,
ty Manager City Attorney,
s Brown 6 Carls, LLE
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e
Council Meeting Date: March 25, 2003 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
First Reading of an ordinance to amend section 13.04.120 of the Code of
Ordinances of the City of Georgetown entitled "Rates and Charges - Water
Schedule".
ITEM SUMMARY:
A Cost of Service study for the Irrigation Utility revealed that the
current rate of $.54 per 1,000 gallons was not sufficient to cover the cost
of service. The proposed amendment to the existing ordinance raises the
rate for Non -potable water (Irrigation water) to $.85 per 1,000 gallons to
provide the additional revenue necessary to cover the cost of service.
The proposed increase results in a non -potable water rate that is 40%
of the current potable water rate of $2.13 per 1,000 gallons.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
• The new Non -potable water rate will increase Irrigation Utility
revenue by $120,000. This will allow for expansion of the system in future
years.
STAFF RECOMMENDATION:
Staff recommends the approval of the ordinance.
GUS BOARD RECOMMENDATION:
NONE
COMMENTS:
NONE
ATTACHMENTS:
1. Water Rat
Submitted By:
it
for Utilities
Glenn W. Disho
Manager Water Services