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Subject: Summary of Council Action on Nov. 26
GEORGETOWN CITY COUNCIL MEETING
Tuesday, November 26, 2002
SUMMARY OF COUNCIL ACTION
Note: The following is a summary of Council action prepared byth at the next regular Council Meeting.
e City Secretary.
The Minutes of the Council Meeting will be considered for app
Action from Executive Session
o the Motion by S ith, eco dto by attorneys,vanso authorizE
ietztand Terry Morganhe payment of ' Approved 7-,779.63 for 0.
expenses incurred with regard
ivery
Consent Agenda rove the Consent Agenda in its entirety. Approved 7-0.
Motion by Snell, second by Sensing to app
Regular Agenda for a portion of
T First Reading cConA an cept Plan to cha00
Onge the Future rdinance for a Century Plan Land Use Map or 75.0 acres out of the Frederick kDel
oy surrveyfrom
Residential to RetaiVCommercial /Office Land Use and to change 75.0 acres out of the Frederick Foy
evel 4, and
change 15.1 acres out of the Frederick Foy
ten
Survefintensity
y
fnLevel 2 to IntenstynLevel 3Lre any mo et restrictive classification, and located betwe n Shell Survey
Road, Williams Drive, CR 245, and SH 165 — Ed ief Long Range Planner, David
Development Engineer and Amelia Sondgere h. DirrectorrOf Plann ng and Development Servi esnk,
Motion by Noble, second by Smith that the Century Plan amendment approval be contingent upon the
approval of the Concept Plan. Approved 6-1. (Sensing opposed)
n for
59.8 acres, out of the
U Survey, Consideration and
known asble action on a Revised Concept DelWebb 2500 located between Williams ams Drive, CR 245, and SH mel with Foy
S riancest o he Subdivision
si anReg and Ds — eliss t cColl s , Development Plan
ner and Amelia
ctor of
4
C.
HH Public Hearings and First Readings for Planning and Development Items
1. Public Hearing for rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be known as Sun
City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP, Residential Planned to RP, Residential Planned
Revised, or more restrictive district, located on Sun City Boulevard — Melissa McCollum, Development Planner and
Amelia Sondgeroth, Director of Planning and Development Services
No Council action was required on this item.
2. First Reading of an Ordinance rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be
known as Sun City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP, Residential Planned to
RP, Residential Planned Revised, or more restrictive district, located on Sun City Boulevard — Melissa
McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
Motion by Evans, second by Sensing to approve the ordinance on first reading. Approved 7-0.
3. Public Hearing for rezoning 15.832 acres out of the David Wright Survey No. 13, from "A", Agricultural to
'C-1', Local Commercial, or more restrictive district, located at the southeast corner of Williams Drive
(FM2338) and Cedar Breaks Road (4300 Williams Drive) -- Bobby Ray, Chief Development Planner and
Amelia Sondgeroth, Director of Planning and Development Services
No Council action was required on this item.
4. First Reading of an Ordinance rezoning 15.832 acres out of the David Wright Survey No. 13, from 'A',
Agricultural to "C-1 ", Local Commercial, or more restrictive district, located at the southeast corner of
Williams Drive (FM2338) and Cedar Breaks Road (4300 Williams Drive) -- Bobby Ray, Chief Development
Planner and Amelia Sondgeroth, Director of Planning and Development Services
Motion by Sansing, second by Pfiester to approve the ordinance on first reading. Approved 7-0.
The meeting was adjourned at 9:53 p.m.
Sandra D. Lee
City Secretary
City of Georgetown
slee@georgetowntx.org
(512) 930-3652 Telephone
(512)930-3659 Fax
I
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, November 26, 2002
The Georgetown City Council will meet on Tuesday, November 26, 2002 at 06:00:00 PM at McCoy
Elementary School, 1313 Williams Dr., 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
-Georgetown Waterpark, Ltd. v. City, at al.; Cause No. 00-209-C277 (277th District Court of Williamson County)
-City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County)
-Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-0368 ( 368th Judicial District of Williamson County)
-Georgetown Healthcare v. Elects Oncology, Cause No. 01-340-C368 (368th District, Williamson County)
- Potential Litigation (Del Webb Development Agreement)
- Code Enforcement Actions
- Legal Advice regarding agenda items
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
- Announcement of one vacancy on the Zoning Board of Adjustment -- Mayor Gary Nelon
- Announcement of next regular Council Meeting to be held at 6:00 p.m. on Tuesday, December 10, at
Forbes Middle School, 1560 FM 971
E Announcements and Comments from City Manager
F Citizens Wishing to Address Council
Keith Peshak, 800 Oak Crest Lane, regarding missing $125,000 from Airport cash contingency account.
City Council Agenda/November 26, 2002
Page 1 of 5 Pages
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 from the Council Workshop on Monday,
November 11, and the Regular Council Meeting on Tuesday, November 12, 2002, and the Regular Council
Meeting on Tuesday, October 22, 2002 -- Sandra Lee, City Secretary
I Consideration and possible action to cancel the second Regular Council Meeting in December, 2002,
regularly scheduled for the fourth Tuesday, December 24, 2002 -- Mayor Gary Nelon
J Consideration and possible action to authorize the appointment of Judy Parks as the lay representative
to the Central Texas Library System for the Georgetown Public Library -- Eric Lashley, Library Director and
Paul Brandenburg, City Manager
K Consideration of authorization for Paul Brandenburg, Georgetown City Manager, to sign a contract
permitting the Georgetown Public Library to receive direct financial aid in the amount of $6,873 from the
Texas State Library and Archives Commission -- Eric Lashley, Library Director and Tom Yantis, Assistant
City Manager
L Consideration of an award of the annual bid for tires and tubes to Purcell Tires in the estimated amount
of $25,557.80 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration
M Consideration of an award of the bid for an electric forklift to Briggs Equipment in the amount of
$20,883.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration
N Consideration of approval of a change order to STR Constructors to increase the site water service for
fire supression and extending and looping that service at the Municipal Complex in the amount of
$59,254.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration
O Consideration and possible action to approve the contract for a Telephone System with Verizon
Communications for Georgetown Municipal Complex and Council Chambers/Municipal Court for $186,898
-- Dennis Schoenborn, Director of Information Services and Mick! Rundell, Director of Finance and
Administration
P Consideration and possible action on a Short Form Final Plat of a Rapist of Cimarron Hills PUD, Phase
1, Section 1, Block D, Lot 14, and 0.149 of an acre in the A. H. Porter Survey, located on Goodnight Drive
-- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
O Consideration and possible action on a Short Form Final Plat of a Resubdivision of Oak Crest
Ranchettes, Unit Il, Lot 16, located at 331 Evans Road -- Carla Benton, Development Planner and Amelia
Sondgeroth, Director of Planning and Development Services
R Consideration and possible action on a Variance to the Subdivision Regulations for the Reserve of Berry
Creek, Section 1D, Phase 2, Block B, Lot 14, located at 405 Lisclo Cove — Melissa McCollum,
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
S Forwarded to City Council from the Georgetown Utility System Advisory Board (GUS)
1. Consideration and possible action to renew a contract with ElectSolve Technology Solutions and
Services Incorporated to provide AMR System Data Services -- Michael W. Mayben, Energy
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
2. Consideration and possible action to approve the contract with the Law Offices of Kerry Russell,
P.C., and, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. for legal services
related to the re -permitting of Georgetown's wastewater treatment facilities in 2003 -- Glenn
City Council Agenda/November 26, 2002
Page 2 of 5 Pages
1'
Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
3. Consideration and possible action to approve an amendment to the contract with Camp,
Dresser, Mckee, Inc. (CDM) for professional services relating to the re -permitting of the
Georgetown's Wastewater treatment facilities -- Glenn Dishong, Water Services Manager and
Jim Briggs, Assistant City Manager for Utility Operations
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
First Reading of an Ordinance for a Century Plan Amendment for a portion of the Del Webb 2500
Concept Plan to change the Future Land Use Map for 75.0 acres out of the Frederick Foy Survey from
Residential to Retail/Commercial /Office Land Use and to change 75.0 acres out of the Frederick Foy
Survey from Intensity Level 2 to Intensity Level 4, and to change 15.1 acres out of the Frederick Foy Survey
from Intensity Level 2 to Intensity Level 3, or any more restrictive classification, and located between Shell
Road, Williams Drive, CR 245, and SH 195 — Ed Polasek, Chief Long Range Planner, David Munk,
Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services
U Consideration and possible action on a Revised Concept Plan for 2,459.8 acres, out of the Frederick Foy
Survey, to be known as Del Webb 2500, located between Williams Drive, CR 245, and SH 195 with
variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia
Sondgeroth, Director of Planning and Development Services
V First Reading of an ordinance amending Section 8.12.040 (A) Application and Fees of Chapter 8.12 Food
and Sanitation of the Georgetown Code of Ordinances -- Tom Yantis, Assistant City Manager
W Consideration and possible action to authorize the exchange of 2.517 acres of existing right-of-way valued
at $117,800 for 2.479 acres of new right-of-way valued at $118,360 between the City's 4B Corporation
and Rivery Partners, Ltd for the construction of Rivery Blvd.; to accept the related appraisals of fair market
value; to acquire related slope easements consisting of 0.025 acres and 0.229 acres from Rivery Partners,
Ltd., and to authorize the City's 4B Corporation President and the Mayor to execute the necessary
documents to accomplish the transactions -- Trish Carls, City Attorney
X Consideration and possible action to authorize the Mayor to appoint a committee to review the City's
current Impact Fee structure and recommend to Council a revised structure -- Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Y Consideration and possible action to engage the professional services of HDR, Inc. and CDM, Inc. for the
study and development of new impact fees for the water and wastewater utilities -- Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Z Consideration and possible action regarding the renewal of the contract with TIP Development Strategies,
Inc. as the City's business retention and recruitment contractor -- Charlie Walker, Manager of Ecomonic
Growth and Planning and Paul E. Brandenburg, City Manager
AA Consideration and possible action on an award of the contract for consultant services related to the
Georgetown Overall Transportation Plan to Wilbur Smith Associates in the amount of $174,799.00 — Ed
Polasek, Chief Long Range Planner, Amelia Sondgeroth, Director of Planning and Development Services,
and Micki Rundell, Director of Finance and Administration
BB Consideration and possible action a Public Review Final Plat for 30.12 acres out of the Frederick Foy
Survey, to be known as Woodland Park Subdivision, Phase 3C, located on Woodland Park Drive, with
variances to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth,
Director of Planning and Development Services
CC Consideration and possible action a Public Review Final Plat for 19.139 acres out of the Frederick Foy
Survey, to be known as Sun City Georgetown, Neighborhood 16.3, and located on Sun City Boulevard —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
City Council Agenda/November 26, 2002
Page 3 of 5 Pages
DD Consideration and possible action on a Concept Plan for 120.59 acres, out of the Lewis P. Dyches Survey,
and also being a portion of Lot 1 and all of Tracts 2-7 of North Lake Subdivision, Section G, to be known as
Walnut Springs, located at the intersection of FM 3405 and CR 261 — Melissa McCollum, Development
Planner and Amelia Sondgeroth, Director of Planning and Development Services
EE Second Readings
1. Franchises
a. Second reading of an Ordinance amending the existing gas franchise between the City
of Georgetown and TXU Gas Company, to provide for a different consideration and to
authorize the lease of facilities within the City's rights of way -- Mike Mayben, Energy
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
b. Second reading of an Ordinance amending the existing electric franchise between the
City of Georgetown and Oncor Electric Delivery Company, to provide for a different
consideration -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
FF 2. Annexations
a. Second Reading of an ordinance providing for the annexation into the City for 4.825
acres, more or less, in the Frederick Foy Survey, that are the remaining portions of
Neighborhood 16, located east of Sun City Boulevard and west of Dove Hollow Trail, to
be known as Neighborhood 16-3, Sun City Texas — Ed Polasek, Chief Long Range
Planner, Amelia Sondgeroth, Director of Planning and Development Services
b. Second Reading of an ordinance providing for the annexation into the City of 11.67
acres, more or less, in the Joseph B. Pulsifer Survey, located north of Spring Valley
Road and east of the North San Gabriel River — Ed Polasek, Chief Long Range
Planner, Amelia Sondgeroth, Director of Planning and Development Services
GG 3. Rezoning
a. Second Reading of an Ordinance Rezoning a total of 19.139 acres, out of the Frederick
Foy Survey, being 4.825 acres, from A, Agricultural to RP, Residential Planned, or more
restrictive district, and 14.314 acres, from RP, Residential Planned, to RP, Residential
Planned with a revised site plan, or more restrictive district, to be known as Sun City
Georgetown, Neighborhood Sixteen -3, and located on Sun City Boulevard — Melissa
McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and
Development Services
HH Public Hearings and First Readings for Planning and Development items
1. Public Hearing for rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be known
as Sun City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP, Residential Planned to
RP, Residential Planned Revised, or more restrictive district, located on Sun City Boulevard —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and
Development Services
2. First Reading of an Ordinance rezoning a total of 40.521 acres, out of the Burrell Eaves Survey,
to be known as Sun City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP,
Residential Planned to RP, Residential Planned Revised, or more restrictive district, located on
Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director
of Planning and Development Services
3. Public Hearing for rezoning 15.832 acres out of the David Wright Survey No. 13, from °A",
Agricultural to "C-1% Local Commercial, or more restrictive district, located at the southeast comer
of Williams Drive (FM2338) and Cedar Breaks Road (4300 Williams Drive) -- Bobby Ray, Chief
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
4. First Reading of an Ordinance rezoning 15.832 acres out of the David Wright Survey No. 13,
from 'A", Agricultural to "C-11% Local Commercial, or more restrictive district, located at the
southeast corner of Williams Drive (FM2338) and Cedar Breaks Road ( 4300 Williams Drive) --
Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development Services
City Council Agenda/November 26, 2002
Page 4 of 5 Pages
ri
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 2002, 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/November 26, 2002
Page 5 of 5 Pages
City
Council Meeting
Date:
November 26. 2002 Item No.
AGENDA
ITEM COVER SHEET
SUBJECT:
Council consideration and possible action to renew a contract
between the City of Georgetown and ElectSolve Technology Solutions and
Services Incorporated to provide AMR System Data Services.
1'.CMK JUMMARY'
In December 2001 the Georgetown City Council approved the contract
for AMR data services between ElectSolve Technology Solutions and
Services Incorporated and the City of Georgetown. This contract is a
five-year contract renewable annually upon the agreement of both the City
and ElectSolve Technology Solutions and Services Incorporated. This year,
both the City of Georgetown and ElectSolve Technology Solutions and
Services Incorporated have agreed to renew the contract from January 2003
through January 2004. Renewal of this contract will allow the City to
continue to streamline and further automate data gathering and reporting
with an actual decrease in pricing for these services as well as maintain
24 x 7 customer support. Therefore, staff recommends Council approval of
the contract renewal in the amount of $55,000.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT•
Funds not to exceed the amount of $55,000 will be taken from the
Electric/AMR operations account.
GUS BOARD RECOMMENDATION:
Board recommends approval to renew the contract with ElectSolve in
an amount not to exceed $55,000.00. Approved 6-0. (Brown absent)
STAFF RECOMMENDATION:
Staff recommends Council approval of the contract renewal in the
amount of $55,000.
COMMENTS:
NONE
ATTACHMENTS:
1.Letter of agreement for contract extension from Electsolve
Technology Solu ' ns and Services Incorporated.
tted by:
ssistant
for utilities
Michael W. Mayben
Energy Services Manager
M E M 0
DATE: November 7, 2002
TO: GUS Advisory Board Members
FROM: Michael Mayben
SUBJECT: Renewal of ElectSolve Contract
In December, 2001 the Georgetown City Council approved the
contract for AMR data services between ElectSolve Technology Solutions
and Services Incorporated and the City of Georgetown. This contract is a
five-year contract, renewable annually upon the agreement of both the City
and ElectSolve Technology Solutions and Services Incorporated. This year,
both the City of Georgetown and ElectSolve Technology Solutions and
Services Incorporated have agreed to renew the contract from January, 2003
through January, 2004. Renewal of this contract will allow the City to
continue to streamline and further automate data gathering and reporting
with an actual decrease in pricing for these services as well as maintain 24 x
7 customer support. Therefore, staff requests Board recommendation for
Council approval of the contract renewal in the amount of $55,000.
Funds not to exceed the amount of $55,000 will be taken from the
Electric/AMR operations account.
T�chwoloey Solo clo n• wwd Servlc ��, Inc.
Walter:
The Georgetown AMR Support Agreement is nearing completion for the
calendar year of 2002. ElectSolve Technology Solutions and Services, Inc.
wishes to renew this agreement with the City of Georgetown for another
calendar year as allowed within the terms of the contract. We believe that
we can continue to provide value by delivering a premium support service and
continuing to enhance this system during the coming year. Currently we are
working on system enhancements that will reduce the monthly support cost for
2003 by approximately $175.00 per month and will result in a more reliable
overall solution going forward. For 2003 our monthly support and system
enhancement fees will be $4100.00 per month.
During 2002 in addition to providing 24x7 technical system support and
on-site solution management, we also expanded the AMR integrated solution to
include: AMR Reporting and Historical Posting functionality, AMR historical
data warehousing, AMR Outage Reporting and Alarming as well as enhancements
to TUI to support a number of changes resulting from the Encode CIS system
upgrade.
Our goal for 2003 will be to continue to streamline and automated meter
data gathering and reporting functions overall and to add additional
functionality as necessary. The City's investment in AMR continues to be
leveraged to enhance customer service and to provide returns on this
electric system investment. ElectSolve feels that this investment will
continue to return value to the City of Georgetown as long as it is properly
managed and enhanced going forward. ElectSolve plans to maintain its,
commitment to the City of Georgetown and to provide the absolute best
service we can possibly provide.
Sincerely
Mark Ponder
Chief Technologist/Managing Director
ElectSolve Technology Solutions and Services, Inc.
mponder®electsolve.com
318-347-4305 Cell
318-752-1500
318-949-8885 Fax
f A -
Council Meeting Date: November 26, 2002
AGENDA ITEM COVER SHEET
Item No. 'S— _
SUBJECT:
Consideration and possible action to approve the contract between the City
of Georgetown and Kerry Russell, of the Law Offices of Kerry Russell, P.C., for
legal services related to the re -permitting of Georgetown's wastewater treatment
facilities in 2003.
ITEM SUMMARY:
The current permits for the City's five wastewater treatment plants expire
on December 31, 2003. The filing deadline for permit renewals is June 30, 2003.
This contract will provide for representation of the City during the permitting
process including any hearings.
Kerry has handled all of our most complex environmental legal work for the
last several years and continues to be a solid resource for environmental law
issues. Staff would hesitate to recommend anyone else for this effort knowing the
background and efforts utilized on our behalf by Kerry Russell and Angela Moorman
The cost for representing each filing is not to exceed $15,000 per plant,
except in the case of a contested filing. Actual costs are not expected to exceed
$5,000 per plant. The cost of application preparation and associated TCEQ filing
fees are not included in this contract and are included with a contract proposal
from Camp, Dresser & McKee, Inc., by separate agenda item.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds to be paid from the Wastewater Fund.
STAFF RECOMMENDATION:
Staff recommends the approval of the contract for legal services from the
Law Offices of Kerry Russell, P.C.
GUS BOARD RECOMMENDATION:
Board recommends approval of a contract, between the City of Georgetown
and the Law Offices of Kerry Russell, P.C., for legal services associated with
re -permitting of the City's Wastewater Plants. Approved 6-0, November 13, 2002
(Bland absent)
COMMENTS:
NONE
ATTACHMENTS
Legal Fee estimates from Kerry Russell, dated September 9, 2002
I
Submitted By: im ig Glenn Dishong �—
taut y Manager Water Services Mana er
for Utilities
JCT 16 102 17:42 FROM GEOP.GETOWN UTILITY TO 3622 PPGE.003i004
LAW OFFICES
OF
KERRY RUSSELL
•
Attorneys at Law
120 WQst Eighth Street
Georgetown, Texas 78626
Phone (512) 930-1317 E-mail kertyrussellOusa.net Fax (5 12) 864-7744
CONFIDENTIAL
PRIVILEGED ATTORNEY-CLIENT COMMUNICATION
September 9, 2002
Via Fax and U.S. Mail
Mr. Tim Briggs
Assistant Cay Manager for Utilities
Cay of Georgetown
P.O. Box 409
Georgetown. Texas 78627
Re: Legal Costs for TPDES Permit Renewals
Dear Jim:
The purpose of this letter is to provide you with an estimate of expected legal costs
related to TPDES permit renewals for Georgetown's wastewater treatment plants (WWTPs). As
you are aware, all five of the WWTPs are now on a basinwide permitting schedule, which means
that all permits expire on December 1, 2003. This in tum means that the permit renewal
applications for all five WWIFs must be submitted by It 1, 2003.
It is our understanding that tone of the permit renewals will seek an increase in currently
permitted discharge flow. Angela and I prepared this cost analysis based on that assumption.
This is a critical factor in expected legal costs since 30 TAC §55.201(1)(5) does not require a
contested case hearing for a TPDES permit renewal which does not significantly increase the
quantity of waste authorized to be discharged or materially change the pattern or place of
discharge. We also took into account the recent TNRCC (now TCEQ) enforcement action
involving the Dove Springs WWTP. This action will bring in two permit renewal factors that
would not otherwise be an issue. One is compliance history and the other is a WET limit for the
specific WWTP or the WWTP system as a whole. if either of theses issues becomes a major
factor in the permit renewal process, the legal costs could increase. Likewise, if there should be
a contested case heating on any of the permits, the legal costs would increase significantly.
Our involvement in the permit renewal process would consist primarily of working with
the City's engineer to develop the permit renewal package for submission to TCEQ stab. We
will also be involved in any negotiations with TCEQ sta$ including, specifically, a staff
recommendation that no contested case hearing be allowed by the Commissioners. If there is a
Council Meeting Date: November 26, 2002
AGENDA ITEM COVER SHEET
Item No. S- 3
VWDW l
Consideration and possible action to approve a contract amendment
between the City of Georgetown and Camp, Dresser, McKee, Inc. (CDM) for
professional services relating to the re -permitting of the City's Wastewater
treatment facilities.
ITEM SUMMARY:
The Permits for the City's five wastewater treatment plants expire on
December 1, 2003. The filing deadline for permit renewals is June 1, 2003.
This contract will provide for the preparation of permit applications and
associated permit application fees. The cost of legal representation during
the permitting process is not included in this contract, but is recommended
by separate agenda item for the Law Offices of Kerry Russell, P.C., and
Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds zo be paid from the Wastewater Fund.
STAFF RECOMMENDATION:
Staff recommends the approval of a contract, between the City of
Georgetown and Camp, Dresser & McKee, for professional services related to
the re -permitting of the City's wastewater plants.
GUS BOARD RECOMMENDATION:
Board recommends a contract amendment between the City and CDM for
professional services associated with re -permitting the City's Wastewater
Plants. Approved 6-0, November 13, 2002 (Bland absent)
COMMENTS:
NONE
ATTACHMENTS:
1. CDM Proposal
permitting.
Submitted By: Ji
si
for
for professional services for wastewater plant re -
5' r Glenn Dishon
City Manager Water Services anager
ties
4 FROM :CDM -AUSTIN FAX No. :512-345-:483 Nov 04 2002 04:05PM p3i3
EXHMrr 1
TO AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES TO ASSIST THE ClTy
WITH PREPARATION OF TPDES PERMIT APPLICATIONS
FOR THE FIVE GEORGETOWN WWTP DISCHARGE PERMITS
DESCRIPTION OF BASIC SERVICES
Project Description: Prepare Texas Pollutant Discharge Elimination System (TPDES)
applications for the five (5) City of Georgetown wastewater treatment
plant Q) (WWTP) permits with Texas Commission of Environmental Quality
(TCEQ). All 5 current TPDES permits expire on December 1, 2003.
Target date for all 5 permit applications for submittal to TCEQ is May 1,
2003. All TPDES applications are for permit renewals except for the Berry
Creek WWTP, which is for a major amendment.
Scope of Work:
Prepare TPDES Permit Applications for each of the 5 WWTPs (identified below) that include the
Following tasks: data research and acquisition, map research and preparation, application form
preparation, other direct project costs, and coordination with TNRCC staff.
• San Gabriel WWTP (TPDES Permit Number. 10489-002);
• Dove Springs WWTP (TPDES Permit Number. 10489-003);
• Pecan Branch WWTP (TPDES Permit Number. 10499-005);
• Berry Creek WWTP (TPDES Permit Number. 10489.006)
• Cimarron Hills WWTP (TPDES Permit Number. 14232-001)
All five of these W WTPS permits expire on December 1.2003 and permit renewals/amendments are
due to the TCEQ by May 1. 2003.
Fee:
These services shall be performed for the following, itemized, lump sum fees that include permit
application research and preparation and their respective TCEQ filing fees
Facility
Permit Aoolication
Fee
Total Fee
• San Gabriel WWTP
S11750
$2,015
514,765
• Dove Springs WWTP
SIZ750
$2,015
514,765
• Pecan Branch WWTP
$12,750
52,015
S14,765
• Berry Creek WWTP
512,750
$1,250
$14,000
• Cimarron HiIIsWWTP
311375
$7215
S11190
• Total Fees
562,975
$8.510
$71,485
These services shall be performed for a lump sum fee of $71,485.00
that includes the $8,510 TCEQ
Permit application filing fees.
AJUJAMD.1155
NCu 4 ,22 ;5,22 512 345 1483 PAGE.003
FRdM :CDM -AUSTIN FAX No. :512-345-1483 Nov. 04 2002 04:05FM P2/3
AMENDMENT
TO AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES TO ASSIST THE CITY
WITH PREPARATION OF TPDES PERMIT APPLICATIONS
FOR THE FIVE GEORGETOWN WWTP DISCHARGE PERMITS
The General Services Agreement between OWNER and ENGINEER last author led on November
26, 1991, is hereby amended as follows:
The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for the
work in this Amendment is to be paid on a lump sum basis.
Your signature below will constitute your acceptance of this Amendment.
FXF_CUTED in duplicate original this _ day of 2002 at Georgetown, Texas, where this
contract is performable and enforceable.
City Attorney
Party of the Second Pan:
CAMP DRESSER & McXEE INC.
By: Allen D. Wilke, P.E.
Vice President
STATE OF TEXAS
COUNTY OF WILIJAMSON
Party of the First Part:
CITY OF GEORGETOWN, TEXAS
Gary Nelson
Mayor
Attest:
Sandra D. Lee
City Secretary
This histrnment was acknowledged before me on this the _ day of _, 20_, by Mr. Allen D.
Woelke in his capacity as Vice President of Camp Dresser & McKee Inc.
Notary Public. State of Texas
A I 2 AFID. N53
Printed name: _
Commission Expires:
NOV 4 '02 16:01 512 345 1483 PAGE.002
Council Meeting Date: November 26, 2002
AGENDA ITEM COVER SHEET
Item No.
SUBJECT:
Consideration and possible action to authorize the Mayor to appoint a
committee to review the City's current Impact Fee structure and recommend to
Council a revised structure.
ITEM SUMMARY:
As required under the Local Government Code, Chapter 395, for the
creation and adoption of a new impact fee, the City of Georgetown must
establish an impact fee committee to oversee the creation of the Capital
Improvements program and information regarding financial impact. The
committee will present to City Council the committee recommendations,
reflecting true costs of service for completion of the water and wastewater
capital improvements infrastructure projects for the next 5 years, for Council
adoption.
Due to the fact that the committee must evaluate this information while
maintaining the time schedule, providing adequate review, and meeting the
budget time table for our budget process of may -June, 2003, it is critical to
have the most qualified persons available on the committee. Staff recommends
utilizing the citizens advisory members of the GUS advisory Board for
composition of this committee. The only change or addition to that would be
that Council members who serve on the advisory board would not serve on the
committee. This is due to the fact that they will sit in judgement of the
committee's work during the budget process. Also, needed is an additional
member to represent customers within the ETJ, which are served by our utility
system. Staff recommends including Mr. Marion Jones, a resident of Serenada
Subdivision, to fill the available seat. Mr. Jones has an extensive
background in the water and wastewater business, primarily on the technical
side. However, he is extremely competent for the review process and would be
a contributing member of the committee.
This information was presented and discussed with the GUS Advisory
Board. Although the board took no action, the members seemed to concur with
this approach in reviewing and updating our impact fee structure, and with the
creation of the committee to review our impact fees beginning in December,
2002.
SPECIAL CONSIDERATIONS:
The committee should consist of the current Georgetown Utility Systems
Advisory Board members who are not current Council Members, and including Mr.
Marion Jones ETJ citizen at large.
FINANCIAL IMPACT:
NONE
COMMENTS:
NONE
ATTACHMENTS:
NONE
Submitted By:
Br
for Utility Operations
Glenn Dishong
Water Services
..
''Council Meeting Date: November 26, 2002
AGENDA ITEM COVER SHEET
Item No.
jUBJECT•
Consideration and possible action to engage the professional services of HDR, Inc.
and CDM, Inc. for the study and development of new impact fees for the Water and Wastewater
utilities.
The impact fees for the City of Georgetown Water and Wastewater Utilities were last updated
in 1998. A complete but brief overview of the Capital Improvement program and re-
certification that our fees were adequate to cover costs but did not over -collect for the
cost of capital infrastructure was completed at that time. We currently are four years
into the last update, and because of certain modifications to the Local Government Code,
Chapter 395, under which impact fees are governed; we must now update our impact fees again
prior to September, 2003 with our adoption of the budget.
Staff has met on several occasions to review information and formulate a plan for
updating these fees. Establishing a schedule is critical for evaluating time needed in
order to do proper diligence to the Capital Improvements Program review and financial
analysis in order make a recommendation prior to the City Council's budget process which
will begin in May, 2003.Currently, staff has been working with the firms of HDR
Engineering, Inc. and Camp, Dresser & McKee, Inc. with regard to updating and evaluating
the SIP Fees for the Del Webb Development Agreement. This process has gone extremely well
and staff feels very comfortable moving forward with a similar process for establishment
of our impact fees as dictated under Chapter 395 of the Local Government Code.
Therefore staff is recommending approval of the contract between the City of
Georgetown and the firms of HDR Engineering, Inc. and Camp, Dresser & McKee, Inc. for the
development of new impact fees for our water and wastewater utilities. The process will
begin in December, 2002 with final adoption in September, 2003.
PECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds to be paid from the Water and Wastewater Funds.
STAFF RECOMMENDATION•
Staff recommends the approval of a contract with the firms Camp, Dresser & McKee,
Inc. and HDR Engineering, Inc.
GUS BOARD RECOMMENDATION:
Board recommends a contract amendment between the City and both CDM and HDR for
professional services associated with revising the City's impact fees. Approved 6-0,
November 13, 2002 (Bland absent)
COMMENTS
NONE
ATTACHMENTS:
1. CDM proposal for professional services for impact fee study.
2. HDR proposal9 for professional services for impact fee study.
Submitted By:
Y9s, Glenif Dishong
zl�t City Manager Water Services
for ilities
AOV-04-02 05:48Pt1 FR011-01A Austin +512 345 1483 T-147 P.002/004 F-230
AMENDMENT TO THE
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
TO ASSIST WITH DETERMINATION OF
CAPITAL RECOVERY FEES
The General Services Agreement between OWNER and ENGINEER last authorized on
November 26, 1991, is hereby amended as follows:
The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for the
work in this Amendment is to be paid on an hourly basis.
Your signawrc below will constitute your acceptance of this Amendment
EXECUTED in duplicate original this _ day of . 2002 at Georgetown, Texas, where this
contract is performable and enforceable.
Parry of the First Part:
CITY OF GEORGETOWN, TEXAS
Jim Briggs
Assistant City Manager
Attest:
Laura Wilkins
Parry of the Second Part:
CAMP DRESSER & MCKEE INC.
By: Allen D. Woelke, P.E.
Vice President
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on this the _ day of . 2002. by Mr.
Alien D. Woelke in his capacity as Vice President of Camp Dresser & McKee Inc.
Notary Public, State of Texas
Printed name:
Commission Expires:
A4272wo umm.
Page 1 of 1
'ROY -04-02 05:46PM FROM -CDN Auttin +512 345 1463 T-147 P.003/004 F-230
Exhibit 1
Scope of Services
Project Description, To assist the City and its consultants with determination ofapprophate capital
recovery fees for new development consistent with Chapter 395.014.
Task 1 Engineer will attend meetings and consult over the phone with the Owner and its
Consultants.
Task 2 Engineer will establish updated water and wastewater CIP for a 5 -year growth
horizorL For CIP projects, Engineer will determine Capacity and Cost.
Task 3 Engineer will develop demand forecasts for water and wastewater service and
prepare an allocation analysis.
Task 4 Engineer will attend public hearings and public meetings as required by the
Owner. Engineer will prepare exhibits and drawings necessary for the public
meetings.
M27Lp M.cce
EX 1't
1bV-Od-02 05:47PM FROM -CDN Austin +512 345 1483 T-147 P.004/004 F-230
Exhibit I
Payment Terms
Payment is on an hourly basis in the amount listed below with expense reimbursement not to
exceed $14,950. This amount shall be invoiced to and payable by the City on a monthly basis based
on the amount of hours dedicated to the project.
Tid&Posidon Hourly Rate
Officer
$175
Ptincipal/Associatc
$150
Senior Professional
$120
Engineer 11
$100
Engineer I
S75
Staff SuDvon
$60
EX 1 -2
November 4, 2002
Mr. Jim Briggs
Assistant City Manager fal
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627-0409
Re: Water and Wastewater Impact Fee Update
Dear Mr. Briggs:
We appreciate the opportunity to provide our services to the City of Georgetown to assist
the City in updating its impact fees to be charged for new water and wastewater
connections. The proposed HDR professional services are divided into five (5) tasks as
delineated in the attached Scope of Services and are proposed at a total lump -sum study
cost of $24,894. The cost of the study can be recouped in the new fee.
If you concur with this proposal, please sign all copies in the space indicated and return
one copy for our files. The proposed services are offered under the standard HDR terms
and conditions attached, as modified in the proposal. Your signature will serve as our
notice to proceed.
Sincerely,
Tony Bagwell
Senior Professional Associate
Submitted:
HDR Engineering, Inc.
By: /
Date: it/`f /0 2-
jb: attach
HDR Engineering, Inc.
�. Employee Owned
Approved:
City of Georgetown
Q7
Date:
Suite 300
2211 South IH 35
Austin,Texas
78741
Telephone
512 912-5100
Fax
512 912-5158
PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A
WATER AND WASTEWATER IMPACT FEE UPDATE
FOR THE
CITY OF GEORGETOWN, TEXAS
Prepared for
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627-0409
Prepared by
FM
HDR Engineering, Inc.
2211 S. IH -35, Suite 300
Austin, Texas 78746
November 2002
PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A
WATER AND WASTEWATER IMPACT FEE UPDATE
FOR THE
CITY OF GEORGETOWN, TEXAS
1.0 PROPOSED SCOPE OF SERVICES
Task 1 - Update Land Use, Available Capacity, and New CIP Data
HDR will work with City staff and CDM Engineers to review the land use assumptions
and Capital Improvements Plan underlying the last impact fee update to see what
revisions may be needed in compliance with Chapter 395 of the Texas Local
Government Code. In particular, these issues will be reviewed:
Will the City likely charge fees in areas not in the past service area boundary?
Has there been any significant change in the prospective land use mix, densities,
or land use/equivalent service unit assumptions?
What is the current available capacity, if any, in the existing utility system?
What capital projects in the past fee basis have already been funded?
Are there any revisions to capital projects that were in the last fee basis that
haven't yet been funded?
What are new capital projects needed in the 5 to 10 year time frame?
Each of the existing capacity or new capital project items discussed above needs to be
identified or quantified in terms of:
✓ type of facility
• water supply, • wastewater treatment,
• treatment, • pumping and interceptors,
• pumping and transmission, • collection,
• distribution, • reclaimed water (if any)
✓ cost to construct,
✓ used/available capacity (for existing utility systems, available capacity will be
determined on an average city-wide basis), and
✓ cost per living unit equivalent for new capacity.
The capital improvements plan, to be developed by CDM and approved by City staff, will be
based on either (a) known planning or design information or (b) identified, sized, and costed at a
conceptual level of design.
Task 2 - Impact Fee Calculation and Application
HDR would use the land use and capital improvements program information previously
developed, as well as other City and professional trade information, to calculate an updated fee
amount. The fee calculation will consider capital payments through the rates or the 50%
deduction allowed in Chapter 395. The calculations and fee design will also be divided into
component parts of the water and wastewater utilities to allow for credits or offsets against a full
fee amount should the entity paying the fee provide for an acceptable portion of eligible capital
at their own expense.
The full cost of capital for these utility components will be calculated and then be pro -rated to a
lesser amount should the Committee and/or Council decide to recommended a fee less than the
maximum allowable. Data will also be provided to scale the base fee per standard service unit
to allow for appropriate fee levies for larger service requirements.
HDR will also investigate any current issues with the fee amounts or its application so that this
can be incorporated into the fee design or the ordinance applicability. HDR will provide
technical and production support for the preparation of an Advisory Committee report.
Task 3 - Revise Ordinance
Based on Committee, Council, and public input, HDR will review the current fee ordinance to
ascertain any needed changes in wording. These draft changes will be coordinated with the
City Attorney and other interested parties.
Task 4 — Coordination with Committee, Council, and Public
HDR will develop support materials and coordinate with various interested stakeholders in the
fee update process to assure that provisions of Chapter 395 of the Local Government Code are
met and that all key parties are adequately informed.
The proposed formal coordination effort includes the following activities:
City Staff —Two Meetings. The first meeting with the City staff would be a work session to
discuss and evaluate any needed changes to the land use assumptions, capital
improvements needs, or ordinance provisions. The second meeting would be to review the
draft results of the fee update and suggested ordinance revisions (City Attorney needs to
attend second meeting).
Impact Fee Advisory Committee — Two Meetings. The first meeting with the Committee
would be to coordinate the draft impact fee calculation and seek Committee concurrence
with any revised fee proposal that would be presented at the public hearing. The second
meeting with the Committee would be to review the Committee feedback, make any
revisions to the fee calculations, review the draft Committee report, and seek Committee
adoption for filing with Council.
City Council — Two Meetings. The first meeting with the Council would be to present
information from the Committee and seek Council initial adoption of the land use, CIP and
fee data for the Public Hearing and to set the Public hearing date. The second meeting
would be to present a revised fee ordinance for Council first or second consideration for
adoption, aside from any Council actions at the Public Hearing.
Public Hearings — One Meeting. HDR would prepare the necessary information required
under Chapter 395 for the public notice for a public hearing on the land use assumptions,
the CIP, and the fee update. This information will be provided to the City for placement, and
it is understood that the City will provide for the cost of publication and any certified mailings
that may be required. HDR would also prepare a summary informational handout for
release at the time of notice publication and for later use at the public hearing to brief the
audience on the data and considerations incorporated in the draft fee proposal. HDR would
also prepare a presentation on the fee briefing and provide either a lead or support role to
the Committee chairman and staff in making the presentation at the public hearing and
Council consideration for adoption.
Task 5 — Reporting
HDR would prepare 10 draft and 10 final copies of the Technical Advisory Committee report to
the City Council outlining the Committee's recommendations on land use assumptions, 10 -year
capital improvements plan, fee design and calculation, offset credits, and any policy or fee
issues that may affect the pending ordinance provisions.
HDR would also work with the City Attorney to prepare a draft ordinance for City consideration.
2.0 INFORMATION OR ACTIVITIES TO BE SUPPLIED BY THE PARTIES
City of Georgetown or CDM
- Input to land use and growth assumptions underlying the proposed fee;
- Input to utility service equivalent factors underlying the proposed fee;
- A 10 -year Capital Improvements Plan, costs, and service capacities for projects
underlying the proposed fee;
- If such projects provide for service to existing customers, what percent of new project
capacity is attributable to future growth;
- Outstanding water and wastewater debt by type of facility category; and
- Provide electronic file of map of intended service area.
- Placing of public notices and payment of advertising costs.
- Coordination with City Attorney, as needed.
HDR Engineering
Coordinating CIP data needs from other parties.
Calculation of suggested revised fees.
- Paper or electronic file mock-ups of the public notice.
A summary briefing handout and presentation on the fee assumptions and proposal.
An Advisory Committee Report.
- A draft municipal ordinance.
A copy of the electronic spreadsheet used to model and calculate the fees.
3.0 SCHEDULE
As this effort is dependent upon the date of notice to proceed and actions of the Advisory
Committee, City staff, and City Council, HDR has developed an anticipated schedule, shown in
Figure 1.
FIGURE 7
ANTICIPATED SCHEDULE
WATER AND WASTEWATER IMPACT FEE UPDATE
FOR THE CITY OF GEORGETOWN. TEXAS
Sfaff
staff
200212003
Activities
November
December
January February
April
Notice to Proceed
%
Task t - Update land Use. Capacity. and CIP Data
Task 2 - Impact Fee Calculation end Application
Task 3 - Revise Ordinance
Task 4 - Coordination
Meet with city staff
St
S2
Meet with AONsory, Cornmimee
Al
Pubic Hearing
H1
Ht
H1
H2
City Council Meeting
SI W
C1 I
I
I
I
C2 I
I
I
G
ork Seswon on land Use. Capacities. CIP. and ordinance preesions.
S2 - Staff Review draft fee and ordnance.
At - Coordinate updated material and seek feedback.
A2 - Consider any Wnges and seek adoption and filing of Commiftee report to Council.
H1 - Alter Cl, provide public notice (three weekly noficas between 6o and 30 days before hearing).
H2 - Public Hearing on amended dab and fee.
Cl - Within 60 days of A2. Council adopts order for public bearing.
C2 - Possible council action to adopt (not as an emergency meaaure).
C3 - Last date in 30 -days allewed for Council adoption.
4.0 BUDGET AND TERMS
HDR proposes to develop the impact fee update for $24,894, proposed on a lump sum basis.
This level of effort assumes CDM will develop the basis of the CIP, and HDR would coordinate
the information needed and review of CIP results. Extra coordination meetings, beyond that
identified in Task 4, would be additional services at the identified loaded hourly rate.
HDR's Standard Terms and Conditions for Professional Services (Attachment A) will also apply,
except as modified herein. Paragraph 1 is modified to represent general conformance of HDR
work with Chapter 395 of the Local Government Code, where interpretation of any key legal
issues will be coordinated in advance with the City's attorney. The Standard Terms and
Conditions are also modified to delete Terms #3 and #4 in their entirety and the second full
paragraph of Term #6, as these terms are not applicable for this agreement.
5.0 MANAGEMENT AND STAFFING
Mr. Tony Bagwell, Senior HDR Economist, would serve as project manager and lead impact fee
analyst for the effort. Mr. Grady Reed would provide technical support, as needed.
TABLE 4-1
PROPOSED PROJECT BUDGET
WATERIWASTEWATER IMPACT FEE UPDATE
A LABOR EXPENSES
Hourly Effort
Unit
Total
Project Senior
Item
puantily,
Activity
Manager Engineer EmBneer
Planner Clerical
cost
Total Days
Cost
Task 1 - Update Land Use. Demands, and CIP
18.0
38.0
per tip
520
$ 1,424
Task 2 - Impact Fee Calculation and Application
40.0
12.0
$
52.0
S 2,000
Task 3 - Revise Ordinance
18.0
Communications (telephone. FAX, mail)
50
18.0
$ 704
Task 4 - Coordination w/Committee, Council & Public
40.0
8.0
50
48.0
$ 1,920
Task 5 -Reporting
28.0
20
180
440
$ 1,472
Total Labor Hours
140.0 -
- '6-016.0
$
2120
Is
Total Salary Expense per Four $
44 $ 38 S
30 $ 20 $
15
Total Direct Labor Expense $
8,180 $ - $
- $ 1.120 S
240
S 7,520
Muripler (3.2 X salary) 3.20
Total Labor Expenses—f 24,084
B. NON -LABOR EXPENSES
Unit
Total
Item
puantily,
price
cost
Mileage - Round-trip Austin/Georgetown
12
round -hips
S
15
per tip
$
180
Computer
15
hours
$
10
per four
$
150
Communications (telephone. FAX, mail)
50
W.
$
1
I's.
$
50
Reproduction
20
reports
$
20
es.
S
400
misc. S
1
ea
$
50
Is
S
50
Total Non -Labor Expenses
$
830
C. TOTAL PROJECT BUDGET—$7-24 894
HDR Engineering, Inc.
Terms and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting
and related services performed or furnished by ENGINEER and
its employees under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession
practicing under the same or similar circumstances at the same
time and in the same locality. ENGINEER makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with ENGINEER's services.
2 INSURANCE
ENGINEER agrees to procure and maintain, at its expense,
Workers' Compensation insurance as required by statute;
Employer's Liability of $250,000; Automobile Liability insurance of
$1,000,000 combined single limit for bodily injury and property
damage covering all vehicles, including hired vehicles, owned and
non -owned vehicles; Commercial General Liability insurance of
$1,000,000 combined single limit for personal injury and property
damage; and Professional Liability insurance of $1,000,000 per
claim for protection against claims arising out of the performance
of services under this Agreement caused by negligent acts,
errors, or omissions for which ENGINEER is legally liable. Upon
request, OWNER shall be made an additional insured on
Commercial General and Automobile Liability insurance policies
and certificates of insurance will be furnished to the OWNER.
ENGINEER agrees to indemnify OWNER for the claims covered
by ENGINEER's insurance.
PINIONS OF PROBABLE COST (COST ESTIMATES)
mons of Probable pmject cost or potable constnnction cost
provi ENGINEER are made on the basis of information
mperen to GINEER and on the basis of ENGINEER's
experience and cations. and represents its judgment as an
j1 experienced and qu rofessional engineer. However, since
ENGINEER has no contra the cost of labor, materials,
equipment or services furnish them,, or over Ne
conbactor(s') methods of determining es, or over competitive
bidding or market conditions, ENGINEER not guarantee that
Proposals. bids or actual project or construction t will not vary
from opinions of probable cost ENGINEER prepares.
CONSTRUCTION PROCEDURES
NGINEER's observation or monitoring portions of the work
Mad under construction contracts shall not relieve the
con or from its responsibility for performing work in accordance
with app ble contract documents. ENGINEER shall not control
or have cha of, and shall not be responsible for, construction
means, met echniques, sequences, procedures of
coruwctiom, health safety programs or precautions connected
with the work and shat t manage, supervise, control or have
charge of cons On. E INEER shall not be responsible for
the acts or omissions of ft for or other parties on the
Project. ENGINEER shalt be enti to review all construction
contract documents arta to require th no provisions extend the
duties or liabilities of ENGINEER beyo ose set forth in this
Agreement. OWNER agrees to include EN EER as an
indemnified party in OWNER's constmclion con cis for the work,
which shall protect ENGINEER to the same degree OWNER.
Further, OWNER agrees that ENGINEER shall be list s an
additional insured under the construction contractors liabili
insurance policies.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6. SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to
OWNER's requirements for the project, including design objectives
and constraints, space. capacity and performance requirements,
flexibility and expandability, and any budgetary limitations.
OWNER will also provide copies of any OWNER-fumished
Standard Details, Standard Specifications, or Standard Bidding
Documents which are to be incorporated into the project.
w 11 furnish the services of soils/geotechnical engineers or
other consu t include reports and appropriate professional
recommendations when q rvices are deemed necessary by
ENGINEER. The OWNER agrees ull responsibility for the /
technical accuracy and content of OWNER -fu ocumenta
and services.
In performing professional engineering and related services
hereunder, it is understood by OWNER that ENGINEER is not
engaged in rendering any type of legal, insurance or accounting
services, opinions or advice. Further, it is the OWNER's sole
responsibility to obtain the advice of an attorney, insurance
counselor or accountant to protect the OWNER's legal and
financial interests. To that end, the OWNER agrees that OWNER
or the OWNER's representative will examine all studies, reports,
sketches, drawings, specifications, proposals and other
documents, opinions or advice prepared or provided by
ENGINEER, and will obtain the advice of an attorney, insurance
counselor or other consultant as the OWNER deems necessary to
Protect the OWNER's interests before OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors. assigns, and legal representatives to the
covenants of this Agreement. Neither OWNER nor ENGINEER
will assign, sublet, or transfer any interest in this Agreement or
claims arising therefrom without the written consent of the other.
8. REUSE OF DOCUMENTS
All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by
ENGINEER pursuant to this Agreement, are instruments of service
with respect to the project. ENGINEER retains ownership of all
such documents. OWNER may retain copies of the documents for
its information and reference in connection with the project;
however, none of the documents are intended or represented to be
suitable for reuse by OWNER or others on extensions of the
project or on any other project Any reuse without written
verification or adaptation by ENGINEER for the specific purpose
intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER, and OWNER will defend, indemnify and
hold harmless ENGINEER from all claims, damages, losses and
expenses, including attorneys fees, arising or resulting therefrom.
Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and
ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement in whole or
in part, by giving seven (7) days written notice, if the other party
substantially fails to fulfill its obligations under the Agreement
through no fault of the temtinating parry. Where the method of
payment is "lump sum' or cost reimbursement, the final invoice
will include all services and expenses associated with the project
up to the effective date of termination. An equitable adjustment
shall also be made to provide for termination settlement costs
ENGINEER incurs as a result of commitments that had become
firm before termination, and for a reasonable profit for services
performed.
10. SEVERABILITY
If any provision of this agreement is held invalid or unenforceable,
the remaining provisions shall be valid and binding upon the
(1012001)
parties. One or more waivers by either parry of any provision, term
or condition shall not be construed by the other party as a waiver
of any subsequent breach of the same provision, term or
condition.
11. INVOICES
ENGINEER will submit monthly invoices for services rendered
and OWNER will make prompt payments in response to
ENGINEER's invoices.
ENGINEER will retain receipts for reimbursable expenses in
general accordance with Internal Revenue Service rules pertaining
to the support of expenditures for income tax purposes. Receipts
will be available for inspection by OWNER's auditors upon
request.
If OWNER disputes any items in ENGINEER's invoice for any
reason, including the lack of supporting documentation, OWNER
may temporarily delete the disputed item and pay the remaining
amount of the invoice. OWNER wilt promptly notify ENGINEER of
the dispute and request clarification and/or correction. After any
dispute has been settled. ENGINEER will include the disputed
Hem on a subsequent, regularly scheduled invoice, or on a special
invoice for the disputed item only.
OWNER recognizes that late payment of invoices results in extra
expenses for ENGINEER. ENGINEER retains the right to assess
OWNER interest at the rate of one percent (1%) per month, but
not to exceed the maximum rale allowed by law, on invoices
which are not paid within forty-five (45) days from the date of the
invoice. In the event undisputed portions of ENGINEER's invoices
are not paid when due, ENGINEER also reserves the right, after
seven (7) days prior written notice, to suspend the performance of
its services under this Agreement until all past due amounts have
been paid in full.
12. CHANGES
The parties agree that no change or modification to this
Agreement. or any attachments hereto, shall have any force or
effect unless the change is reduced to writing, dated, and made
part of this Agreement. The execution of the change shall be
authorized and signed in the same manner as this Agreement.
Adjustments in the period of services and in compensation shall
be in accordance with applicable paragraphs and sections of this
Agreement. Any proposed fees by ENGINEER are estimates to
perform the services required to complete the project as
ENGINEER understands it to be defined. For those projects
involving conceptual or process development services, activities
often are not fully definable in the initial planning. In any event, as
the project progresses, the facts developed may dictate a charge
in the services to be performed, which may altar the scope.
ENGINEER will inform OWNER of such situations so that
changes in scope and adjustments to the time of performance and
compensation can be made as required. If such change,
additional services, or suspension of services results in an
increase or decrease in the cost of or time required for
performance of the services, an equitable adjustment shall be
made, and the Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal,
contract, purchase order, requisition, notice -to -proceed, or like
document.
14. EQUAL EMPLOYMENTAND NONDISCRIMINATION
In connection with the services under this Agreement ENGINEER
agrees to comply with the applicable provisions of federal and
state Equal Employment Opportunity, and other employment,
statutes and regulations.
15. HAZARDOUS MATERIALS
OWNER represents to ENGINEER that, to the best of its
knowledge, no hazardous materials are present at the project
site. However, in the event hazardous materials are known to be
present, OWNER represents that to the best of its knowledge it
has disclosed to ENGINEER the existence of all such
hazardous materials, including but not limited to asbestos,
PCB's, petroleum, hazardous waste, or radioactive material
located at or near the project site, including type, quantity and
location of such hazardous materials. It is acknowledged by
both parties that ENGINEER's scope of services do not include
services related in any way to hazardous materials. In the
event ENGINEER or any other party encounters undisclosed
hazardous materials, ENGINEER shall have the obligation to
notify OWNER and, to the extent required by law or regulation,
the appropriate governmental officials, and ENGINEER may, at
its option and without liability for delay, consequential or any
other damages to OWNER, suspend performance of services
on that portion of the project affected by hazardous materials
until OWNER: (i) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate,
or remove the hazardous materials; and (ii) warrants that the
project site is in full compliance with all applicable laws and
regulations. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that
ENGINEER Is not and shall not be required to became an
'arranger; -operator.* generator.' or "transporter' of hazardous
materials, as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1990 (CERCLA),
which are or may be encountered at or near the project site in
connection with ENGINEER's services under this Agreement. If
ENGINEER's services hereunder cannot be performed because
of the existence of hazardous materials, ENGINEER shall be
entitled to terminate this Agreement for cause on 30 days
written notice. To the fullest extent permitted by law, OWNER
shall indemnify and hold harmless ENGINEER, its officers,
directors, partners, employees, and subconsultants from and
against all costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys. and
other professionals, and all court or arbitration or other dispute
resolution costs) caused by, arising out of or resulting from
hazardous materials, provided that (i) any such cost, loss, or
damage is attributable to bodily injury, sickness, disease, or
death, or injury to or destruction of tangible property (other than
completed Work), including the loss of use resulting therefrom,
and (ii) nothing in this paragraph shall obligate OWNER to
indemnify any individual or entity from and against the
consequences of that individual's or entity's sole negligence or
willful misconduct.
16. EXECUTION
This Agreement, including the exhibits and schedules made part
hereof, constitute the entire Agreement between ENGINEER and
OWNER, supersedes and controls over all prior written or oral
understandings. This Agreement may be amended,
supplemented or modified only by a written instrument duty
executed by the parties.
17. LIMITATION OF LIABILITY
ENGINEER's and its employees'total liability to OWNER fo any
loss o damage, including but not limited to special and
consequential damages arising out of or in connection with the
performance of services or any other cause, including
ENGINEER's and its employees' professional negligent acts,
errors, or omissions, shall no exceed the greater of $50,000 or
the total compensation received by ENGINEER hereunder, except
as otherwise provided under this Agreement, and OWNER hereby
releases and holds harmless ENGINEER and its employees from
any liability above such amount.
18. LITIGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services
in connection with a legal or dispute resolution proceeding to
which ENGINEER is no a parry. OWNER shall reimburse
ENGINEER for reasonable costs in responding and compensate
ENGINEER at its then standard rates for reasonable time incurred
in gathering information and documents and attending
depositions, hearings, and trial.
Terms & Conditions for Professional Services 2 (10/2001)
9
4� ^
Council Meeting Date: November 26, 2002 Item No. E L -
AGENDA ITEM COVER SHEET
SUBJECT:
ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF
GEORGETOWN AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT
CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE
CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BYLAW. (Second Reading)
+AC n JVDJL%P-KZ:
At the September 24th Council meeting, Council approved the
Compromise Settlement and Release Agreement between the City of
Georgetown and Oncor (TXU) Electric and Gas and authorized the Mayor to
sign the necessary documents to complete the agreement. At that time,
staff agreed to provide the necessary ordinances to amend the electric
and gas franchise and present them to Council for approval in October,
2002. This meeting will be the first reading of the electric and gas
ordinances necessary to amend the franchise fee.
SPECIAL CONSIDERATIONS:
'.TONE
FINANCIAL IMPACT:
This ordinance changes the franchise fee from 3% currently to 4% and
also includes a 4% franchise on service charges, returned checks,
contributions in aid of construction, residential government, and
industrial governmental service.
COMMENTS:
Schedule for passage of Ordinance per Section 8.03 of the City
Charter:
• First Reading at Council
October 22,
• 1" Publication
in The
Sun
October 23,
• 2"d Publication
in The
Sun
October 30,
• 3rtl Publication
in The
Sun
November 6,
• 4th Publication
in The
Sun
November 13,
• Second Reading
at Council
November 26,
• Final passage 30
days
after First
Reading
• Ordinance takes
effect
30 days
after final
ATTACHMENTS:
Proposed Ordinance
tted By:
2002
2002
2002
2002
2002
2002
November 21, 2002
passage = December 21, 2002
Pur Michael W. Mayben
sista t ity Manager Energy Services Manager
for Uti ities
ORDINANCE NO.
AN ORDINANCE AMENDING THE EXISTING GAS
FRANCHISE BETWEEN THE CITY OF GEORGETOWN
AND TXU GAS COMPANY, TO PROVIDE FOR A
DIFFERENT CONSIDERATION AND TO AUTHORIZE
THE LEASE OF FACILITIES WITHIN THE CITY'S
RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ACCEPTANCE BY TXU GAS
COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of famishing and supplying gas to the general
public in the City of Georgetown, including the transportation, delivery, sale, and distribution of
gas in, out of, and through the City for all purposes, and is using the public streets, alleys,
grounds and rights -of -ways within the City for that purpose under the terms of a franchise
ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU
Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide
for a different consideration and to authorize the lease of facilities within the City's rights-of-
way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS: that
SECTION 1: The existing gas franchise ordinance between the City and TXU Gas
Company is amended as follows:
A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights
and privileges granted to TXU Gas by the franchise ordinance heretofore duly
passed by the governing body of this City and duly accepted by TXU Gas is
hereby changed to be four percent (4%) of the Gross Revenues, as defined in
Section LB. below, received by TXU Gas.
B. "Gross Revenues" shall mean all revenue derived or received, directly or
indirectly, by the Company from or in connection with the operation of the
System within the corporate limits of the City and including, without limitation:
(1) all revenues received by the Company from the sale of gas to all classes of
customers within the City;
(2) all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the City to customers
located within the City;
(3) the value of gas transported by Company for Transport Customers through
the System of Company within the City ("Third Party Sales'), with the
value of such gas to be reported by each Transport Customer to the
Company, provided, however, that should a Transport Customer refuse to
famish Company its gas purchase price, Company shall estimate same by
utilizing TXU Gas Distribution's monthly industrial Weighted Average
Cost of Gas, as reasonably near the time as the transportation service is
performed; and
(4) "Gross revenues" shall include:
(a) other revenues derived from the following `miscellaneous
charges':
i. charges to connect, disconnect, or reconnect gas within the
City,
ii. charges to handle returned checks from consumers within
the City;
such other service charges and charges as may, from time
to time, be authorized in the rates and charges on file with
the City; and
iv. contributions in aid of construction" ("CIAC");
(b) revenues billed but not ultimately collected or received by the
Company; and,
(c) gross receipts fees.
(5) "Gross revenues" shall not include:
(a) the revenue of any Person including, without limitation, an
affiliate, to the extent that such revenue is also included in Gross
Revenues of the Company;
(b) sales taxes; and
(c) any interest income earned by the Company; and
Page 2 of 5
(d) all monies received from the lease or sale of real or personal
property, provided, however, that this exclusion does not apply to
the lease of facilities within the City's right of way.
C. Calculation and Payment of Franchise Fees Based on C1AC
(1) The franchise fee amounts based on "Contributions in aid of Construction"
("CIAC") shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
(2) The franchise fee amounts that are due based on CIAC shall be paid at
least once annually on or before April 30 each year based on the total
CIRC recorded during the preceding calendar year.
D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU
Gas
(1) If TXU Gas should at any time after the effective date of this Ordinance
agree to a new municipal franchise ordinance, or renew an existing
municipal franchise ordinance, with another municipality, which
municipal franchise ordinance determines the franchise fee owed to that
municipality for the use of its public rights-of-way in a manner that, if
applied to the City, would result in a franchise fee greater than the amount
otherwise due City under this Ordinance, then the franchise fee to be paid
by TXU Gas to City pursuant to this Ordinance shall be increased so that
the amount due and to be paid is equal to the amount that would be due
and payable to City were the franchise fee provisions of that other
franchise ordinance applied to City.
(2) The provisions of this Subsection D apply only to the amount of the
franchise fee to be paid and do not apply to other franchise fee payment
provisions, including without limitation the timing of such payments.
E. TXU Gas Franchise Fee Recovery Tariff
(1) TXU Gas may file with the City a tariff amendment(s) to provide for the
recovery of the franchise fees under this amendment.
(2) City agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such
franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any
regulatory proceeding before a federal or state agency in which the
Page 3 of 5
recovery of TXU Gas' franchise fees is an issue, the City will take an
affirmative position supporting 100% recovery of such franchise fees by
TXU Gas and; (iii) in the event of an appeal of any such regulatory
proceeding in which the City has intervened, the City will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by TXU Gas.
(3) City agrees that it will take no action, nor cause any other person or entity
to take any action, to prohibit the recovery of such franchise fees by TXU
Gas.
F. Lease of Facilities Within City's Rights -of -Way. TXU Gas shall have the right to
lease, license or otherwise grant to a party other than TXU Gas the use of its
facilities within the City's public rights-of-way provided: (i) TXU Gas first
notifies the City of the name of the lessee, licensee or user; the type of service(s)
intended to be provided through the facilities; and the name and telephone number
of a contact person associated with such lessee, licensee or user and (ii) TXU Gas
makes the franchise fee payment due on the revenues from such lease pursuant to
Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within
City's Rights -of -Way shall not affect any such lessee, licensee or user's obligation,
if any, to pay franchise fees.
SECTION 2: In all respects, except as specifically and expressly amended by this
ordinance, the existing effective franchise ordinance heretofore duly passed by the governing
body of the City and duly accepted by TXU Gas shall remain in full force and effect according to
its terms until said franchise ordinance terminates as provided therein.
SECTION 3: This ordinance shall take effect upon its final passage and TXU Gas'
acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office of the City Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and through
the undersigned authorized officer, hereby accepts in all respects, on this the
day of , 20_, Ordinance No. amending the
current gas franchise between the City and TXU Gas and the same shall constitute
and be a binding contractual obligation of TXU Gas and the City.
Page 4 of 5
:A
TXU Gas Distribution
A division of TXU Gas Company
QI
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS , this the _ day of 2002, at which meeting a
quorum was present and voting..
t ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
IL
Gary Nelon, Mayor
Page 5 of 5
Laura Wilkins To: Mayor/City of Georgetown@City of Georgetown
11/20/2002 11:10 AM Subject: Information for Agenda Meeting today
Mayor Nelon:
Good morning!
I have attached a memo for you from Jim Briggs regarding appointment of a committee to review the City's
Impact Fees for 2003. Jim wanted you to have the memo prior to today's agenda meeting for the
November 26th agenda.
Please call me at 930-2010 if you have any questions or need anything further.
El
Thank you, Mayor Nelon-Impact Fee Committee..c
Laura
MEMORANDUM
DATE: November 20, 2002
TO: Mayor Nelon
FROM: Jim Briggs — Assistant City Manager for Utility Operations
SUBJECT: Selection of an Impact Fee Committee in Compliance with Chapter 395 of the
Local Government Code
Every five years, the City of Georgetown must update its utility impact fees for water and wastewater.
This year we will be updating the impact fees prior to the initiation of the 2003-2004 budget process. In
order to maintain a timely schedule for this process, we must begin in January, 2003 with updating the
capital improvement plan for utility infrastructure for the next five years. This process will be governed
by the Local Government Code, Chapter 395 in specific detail.
In order to comply with Chapter 395, we must first establish a review committee for the purpose of
reviewing the capital improvement projects for utilizing and calculating the impact fees themselves.
Chapter 395 is very specific regarding the composition of the committee, which should comprise at
least 40% builders or developers and at least one representative to represent the ETJ. The committee
must be a citizens advisory board, advisory to the Council, for the purpose of reviewing the capital
improvements project plan used in the calculation of the fees.
Staff is recommending that you consider utilizing the citizen advisory members of the Georgetown
Utility Systems (GUS) Advisory Board (exclusive of the Council Members) and adding one additional
committee member, for the purpose of complying with the provision in the code, requiring that a
representative from the ETJ be on the committee. We recommend that Mr. Marion Jones, resident of
Serenada Subdivision and a current utility customer, be appointed as the final member of the
committee. The committee members will be John Gavumik — developer/builder, Jack Hunnicutt —
developer/builder, Stanley Bland — contractor, Larry Brown — citizen, Kendall Young — citizen, and
Marion Jones — citizen. This provides us with 50% builder/developer participation on the board and
creates a committee background strongly founded in utility and environmental regulations.
We would recommend that you place this slate of names before the Council for approval at the
November 26'h Council meeting in order that we might visit with the committee in December, 2002,
prior to kicking -off the impact fee process in January, 2003.
Should you have concerns with the suggested composition of the committee, or if you would prefer to
have other members in lieu of those that have been recommended, please let us know so that we can
contact those individuals and place their names before the Council during next week's Council meeting.
Thank you,
Jim
r
MEMORANDUM
DATE: November 20, 2002
TO: Mayor Nelon
FROM: Jim Briggs — Assistant City Manager for Utility Operations
SUBJECT: Selection of an Impact Fee Committee in Compliance with Chapter 395 of the
Local Government Code
Every five years, the City of Georgetown must update its utility impact fees for water and wastewater.
This year we will be updating the impact fees prior to the initiation of the 2003-2004 budget process. In
order to maintain a timely schedule for this process, we must begin in January, 2003 with updating the
capital improvement plan for utility infrastructure for the next five years. This process will be governed
by the Local Government Code, Chapter 395 in specific detail.
In order to comply with Chapter 395, we must first establish a review committee for the purpose of
reviewing the capital improvement projects for utilizing and calculating the impact fees themselves.
Chapter 395 is very specific regarding the composition of the committee, which should comprise at
least 40% builders or developers and at least one representative to represent the ETJ. The committee
must be a citizens advisory board, advisory to the Council, for the purpose of reviewing the capital
improvements project plan used in the calculation of the fees.
Staff is recommending that you consider utilizing the citizen advisory members of the Georgetown
Utility Systems (GUS) Advisory Board (exclusive of the Council Members) and adding one additional
committee member, for the purpose of complying with the provision in the code, requiring that a
representative from the ETJ be on the committee. We recommend that Mr. Marion Jones, resident of
Serenada Subdivision and a current utility customer, be appointed as the final member of the
committee. The committee members will be John Gavumik — developer/builder, Jack Hunnicutt —
developer/builder, Stanley Bland — contractor, Larry Brown — citizen, Kendall Young — citizen, and
Marion Jones — citizen. This provides us with 50% builder/developer participation on the board and
creates a committee background strongly founded in utility and environmental regulations.
We would recommend that you place this slate of names before the Council for approval at the
November 26s' Council meeting in order that we might visit with the committee in December, 2002,
prior to kicking -off the impact fee process in January, 2003.
Should you have concerns with the suggested composition of the committee, or if you would prefer to
have other members in lieu of those that have been recommended, please let us know so that we can
contact those individuals and place their names before the Council during next week's Council meeting.
Thank you,
Jim
Nov 02 Dec'02 Jan'03 Feb 'OT Mar'03 r'03 Ma '03 Jun D3 Jul'03
1027 11/10 11/24 /2/e 1122 1/5 1119 22 278 32 3/18 3130 x/13 1/27 5/11 5/25 8�e 5/12 7/8 2
'
Appoint Advisory
11/26
COmmiaee (AC) at
Council meeting
'
AC to Review land use
assumptions
1 1h
Begin review of land
use assumptions
♦ 523
Complete review of
land use accusrrptions
527
•
Adopt order setting
hearing date
7
'
Pubikin land use
assurphons
# 7
'
Publish hearing notice
•
Mail public hearing notice
via CMRRR
'
Receive written
-
corm7ents from AC
fold public hearing
'
Land use assumptions
(tet reading)
'
Land use assumptions
(2nd reading)
'
Project Complete
wa+oac¢
Laura Wilkins To: Mike Mayben/COU/City of Georgetown@City of Georgetown, Jim
1 1 i 1812002 12:10 PM Briggs/City of Georgetown@City of Georgetown, Glenn Dishong/City
of Georgetown@City of Georgetown, John Aldridge/City of
Georgetown®City of Georgetown, Mark Miller/City of
Georgetown@City of Georgetown
Subject: Need Agenda Items By Wednesday
So far - I show the following agenda items for the November 26th Council Agenda:
JIM/MAYBEN Oncor Gas and Electric Franchise Agreement - Second Reading (this is done)
GLENN/JIM - Kerry Russell - Legal fees for Plant Re -Permitting (Need coversheet in the new format and
we need to double check what items will go in the packet)
JOHN A/JIM/GLENN - HDR and CDM Evaluation of Impact Fees (Need coversheet - I need someone to
work it for me I have the backup)
MAYBEN - ElectSolve - I have all the stuff on this I think it is ready to go.
If there is anything else to go on the agenda - I need to know ASAP.
Also I need the packets nailed down by Wednesday as I am planning to take Thursday off. Teri can get
the packets ready - we just need to be certain we have everythig and it is ready to go by Wednesday
afternoon.
Carly problems - we can talk about tomorrow at team meeting. See ya at9:00
Thanks for your help!!
Laura Wilkins To: Sandra Lee/City of Georgetown®CityofGeorgetown, Shirley
11/162002 12:02 PM Rinn/Management Services/City of Georgetown®City of Georgetown
Subject: Agenda Captions for November 26th Meeting
Sandra:
These are the items I know about so far:
THESE ITEMS RECOMMENDED BY GUS
Council consideration and possible action to renew a contract between
the City of Georgetown and ElectSolve Technology Solutions and
Services Incorporated to provide AMR System Data Services. Jim Briggs,
Assistant City Manager for Utility Operations and Michael W. Mayben, Energy Services Manager (GUS
Board recommended Council approval November 13, 2002 - Approved 6-0 Brown absent)
Consideration and possible action to approve the contract between the City of Georgetown and Kerry
Russell, Attorney, for legal services related to the re -permitting of Georgetown's wastewater treatment
plants in 2003. Jim Briggs, Assistant City Manager for Utility Operations and Glenn Dishong, Water
Services Manager (GUS Board recommended Council approval November 13, 2002 - Approved 6-0
Brown absent)
REGULAR AGENDA
Consideration and possible action to approve the amendment, dated November 26, 2002, between the
City of Georgetown and Camp, Dresser, and McKee, Inc., and HDR Engineering, Inc.; for professional
services to assist with determination of water and wastewater capital recovery fees. Jim Briggs, Assistant
City Manager for Utility Operations and Glenn Dishong, Water Services Manager
ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF
GEORGETOWN AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT
CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE
CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW. (Second Reading) Jim Briggs, Assistant City Manager for Utility Operations
and Michael W. Mayben, Energy Services Manager
ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE
CITY OF GEORGETOWN AND ONCOR ELECTRIC DELIVERY COMPANY, TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY
COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
( Second Reading) Jim Briggs, Assistant City Manager for Utility Operations and Michael W.
Mayben, Energy Services Manager
Laura Wilkins To: Sandra Lee/City of Georgetown@City of Georgetown, Shirley
17/18 2002 04:24 PM Rinn/Management Services/City of Georgetown®City of Georgetown
Subject: One More Item
This will go right under the Kerry Russell item approved by GUS
Consideration and possible action to approve a contract amendment
between the City of Georgetown and Camp, Dresser, Mckee, Inc. (CDM)
for professional services relating to the application process for
re -permitting of the City's Wastewater treatment facilities. Jim Briggs,
Assistant City Manager for Utility Operations and Glenn Dishong, Water Services Manager
17
Laura Wilkins To: Sandra Lee/City of Georgetown@City of Georgetown, Shirley
11/18 2002 04:40 PM Rinn/Management Services/City of Georgetown@City of Georgetown
Subject: Another Caption
I am getting confused - but I don't think I gave you this one yet.
It should go on consent agenda (I think) someone may ask you to move it.
Consideration and possible action to authorize the Mayor to
appoint a committee to review the City's current Impact Fee
structure and recommend to Council a revised structure. Jim Briggs,
Assistant City Manager for Utility Operations and Glenn Dishong, Water Services Manager
OK - Just so we are straight These are all the ones you should have for us for the 26th agenda
1. Oncor electric - 2nd Reading
2. Oncor Gas - Second Reading
3. Kerry Russell - Legal work for WW plant re -permitting
4. CDM - application work for WW plant re -permitting
5. ElectSolve - contract renewal
6. HDR and CDM - Impact Fee Assistance
7. Mayor to appoint Committee to review Impact Fees
IF you don't have all of these captions - let me know.
Also, we may have to adjust these captions as I just made up most of them - but I will make sure you are
the first to know if any caption changes.
Laura Wilkins To: kerryrussell@usa.net, amoorman@lglawfirm.com
11/20/2002 02:35 PM Subject: Contract for November 26th Council Meeting
Kerry/Angela:
I have attached the cover sheets that will go to the Council for the wastewater re -permitting work you and
CDM will be doing for us next year. Jim would like for you to review to be certain they are exactly correct
and let us know before we submit.
I know you are both out today - but if you could look at them as soon as possible tomorrow and let Glenn
Dishong know they are Ok or if they need changes? I will be out tomorrow - but if you let Glenn know he
can finish them up Thursday. Glenn's phone number is 930-2574 or you can mark up the document and
fax to him at 930-3509.
E; ^R
WWTP Repermitting - KR.doi WWTP Repermitting - CDM.do
Teri Nalley - these are out on the J: drive under AGENDAS (Glenn can tell you). If he should ask you to
help him with this.
Thanks,
Laura