HomeMy WebLinkAboutAgenda CC 06.28.2005Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 28, 2005
The Georgetown City Council will meet on Tuesday, June 28, 2005 at 06.00:00 PM at City Council
Chambers, at the northeast comer of Seventh and Main Streets, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Legal Advice Regarding Agenda Items and other Matters
- Discussion of legal issues related to expansion of city limits and
extraterritorial jurisdiction
- Discussion and possible action regarding contested rase hearing on City
of Leander's requests to amend CCN Nos. 10302 and 20626 (Application
Nos. 34789-C and 34790-C); SOAH Docket No, 582-05-7095: TCEQ Docket No.
2005-0864-UCR
B Sec.551.072 Deliberation Regarding Real Property
- Discussion and possible action regarding proposed Highway 29 / Rivery connector road
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
C Call to Order
D Pledge of Allegiance
E Comments from the dais
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
- Review of new procedure for addressing the City Council
F Announcements and Comments from City Manager
G Public Wishing to Address Council
As of the deadline, there were no persons who requested to address the Council on items other than already posted on
the Agenda.
H Action from Executive Session
City Council Agenda/June 28, 2005
Page 1 of 4 Pages
F71
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.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 13,
and the regular Council Meeting on Tuesday, June 14, 2005 — Sandra D. Lee, City Secretary
J Consideration of and possible action on the selection of the Red Poppy Coffee Company as the vendor to
operate the coffee shop in the new library, and direction to staff to negotiate a lease with the vendor —
Edc Lashley, Library Director and Randy Morrow, Director of Community Services
K Consideration and possible action to authorize the Mayor to execute an Amendment to the Microfusion
Airport Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to
December 31, 2005 — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
L Consideration and possible action to authorize staff to offer T -Hangar F-6 to the Civil Air Patrol, Apollo
Squadron, rent free — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
M Consideration of and possible action on permitting Planning and Development to apply for a grant of
approximately $18,500 from the Texas Preservation Trust Fund Grants through the Texas Historical
Commission — Rebecca Rowe, Historic Development Planner and Bobby Ray, Interim Director of Planning
and Development
N Consideration of and possible action on permitting Planning and Development to apply for a grant of
approximately $8,000 from Federal Certified Local Government Grants through the Texas Historical
Commission — Rebecca Rowe, Historic Development Planner and Bobby Ray, Interim Director of Planning
and Development
0 Consideration and possible action on a Resolution authorizing the Mayor to execute a Quit Claim Deed
abandoning a five-foot (5) Public Utility Easement (PUE) on each side of the common property line
between Lots 236 and 237, Block D of Cimarron Hills PUD, Phase 2, Section 2, located at 602 and 604
Cimarron Hills Trail West — Jim Babcock, Development Technician and Bobby Ray, Interim Director of
Planning and Development
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
P Announcement of receipt of the Information Technology Excellence Award from the Texas Association
of Information Technology Managers (TAGITM) for the Voice over IP Telephone project. award to the City of
Georgetown Information Technology (IT) Department — Dennis Schoenborn, Information Technology
Director and Tom Yantis, Assistant City Manager
0 Presentation of a kiosk from Lucas Adams for the Georgetown Visitors Center — Shelly Hargrove, Main
Street Coordinator and Tourism Director; and Randy Morrow, Director of Community Services
R Consideration and possible action to approve the members of the Subcommittees of the Main Street
Advisory Board — Shelly Hargrove, Main Street Coordinator and Tourism Director; and Randy Morrow,
Director of Community Services
S Consideration and possible action to amend the by-laws of the Library Advisory Board -- Eric Lashley,
Library Director and Randy Morrow, Director of Community Services
T Consideration and possible action to authorize staff to enter into a reimbursement agreement with Sam L.
Pfiester for expenses up to $10,000 for professional services provided by Rick Chellman, P.E., for the
design of pedestrian circulation and streetscape elements for Austin Ave. between the San Gabriel River
and 6th St. — Tom Yantis, Assistant City Manager
City Council Agenda/June 28, 2005
Page 2 of 4 Pages
U Discussion and possible direction to staff regarding the proposed public parking lot at 400 S. Austin Ave.
— Tom Yantis, Assistant City Manager
V Consideration and possible action to approve a resolution prioritizing areas for possible annexation,
soliciting voluntary annexation, initiating exempted annexations, and initiating the municipal annexation plan
process consistent with Chapter 43 of the Texas Local Government Code -- Edward G. Polasek, Chief Long
Range Planner and Tom Yantis, Assistant City Manager
W Consideration and possible action to direct staff to solicit voluntary inclusion in the City's extraterritorial
jurisdiction — Edward G. Polasek, Chief Long Range Planner and Tom Yantis, Assistant City Manger
X Consideration and possible action to approve a contract with Williamson County in the amount of
$60,000.00 to provide rural fire protection services — Anthony Lincoln, Fire Chief
Y Consideration and possible action on a resolution approving and adopting Articles of Amendment to the
Articles of Incorporation for the corporation created pursuant to Section 4B of the Development
Corporation Act of 1979, as amended (Article 5190.6 Vernon's Tex.Rev.Civ.Stan.Ann.) (the "Act"), and the
May 5, 2001 Election; changing the name and address of the registered agent for the corporation; and
authorizing the filing of the Articles of Amendment of the Articles of Incorporation with the Secretary of State
— Micki Rundell, Director of Finance and Administration
Z Consideration and possible action on a Special Use Permit to permit the construction of a monopole cell
tower at Cash Pawn Subdivision, located at 516 Leander Road — Melissa McCollum, Development
Planner and Bobby Ray, Interim Director of Planning and Development
AA Consideration and possible action on a Preliminary Plat of a Rapist of the W.D. Ischy Subdivision, Lots 2
and 3, located at 4909 Williams Drive -- Carla Benton, Development Planner and Bobby Ray, Interim
Director of Planning and Development
BB Consideration of a resolution granting a petition and setting public hearing dates for the annexation into
the City for 20.71 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 29 and
White Wing Golf Course, for Sun City Neighborhood 21 — Edward G. Polasek, AICP, Chief Long Range
Planner and Bobby Ray, AICP Interim Director
CC Consideration of a resolution granting a petition and setting public hearing dates for the annexation into
the City for 102.38 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 30 and
White Wing Golf Course, for Sun City Neighborhoods 31 and 32 — Edward G. Polasek, AICP, Chief Long
Range Planner and Bobby Ray, AICP Interim Director
DD Items forwarded from the Georgeown Utility System Advisory Board
1. Consideration and possible action to award the bid for construction of the Dove Springs Wastewater
Treatment Plant Expansion to CSA, Inc. of Houston, Texas, and to approve a project budget of
$3,922,600.00 -- Glenn Dishong, Water Services Manager, and Jim Briggs, Assistant City Manager for
Utility Operations
2. Consideration and possible action to approve the Water Services Agreement between the City of
Georgetown, the Highlands at Mayfield Ranch, Ltd, and Highlands at Mayfield Ranch Municipal Utility
District -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Ufilifies
EE Second Readings
1. Second reading of an ordinance adding Chapter 2.110 Arts and Culture Board to Title 2
Administration of the City of Georgetown Code of Ordinances; establishing purpose, apointments,
policies, powers and duties — Eric Lashley, Library Director and Randy Morrow, Director of Community
Services
2. Second reading of an Ordinance to consider amending Section 5, of Ordinance 2004-79 related to the
Conditional approval of the Cowan Springs Comprehensive Plan Amendment to change the
deadline specified therein from June 30, 2005 to a date not later than December 31, 2005 — Edward G.
Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development
3. Second reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity
City Council Agenda/June 28, 2005
Page 3 of 4 Pages
Level from Level 1 to Level 4 for 185 acres in the Woodruff Stubblefield Survey, to be known as
Mankins Springs, located south of State Highway 29 and east of County Road 102 -- Edward G.
Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP Interim Director of Planning and
Development
FF Public Hearings/First Readings
1. Public Hearing to consider a Rezoning of 6.07 acres in the John Berry Survey from RS, Residential
Single -Family to MH, Manufactured Housing to be known as Chisholm Park, Section One, Phase
One, located on County Road 152 -- Bobby Ray, Interim Director of Planning and Development
2. First Reading of an Ordinance Rezoning 6.07 acres in the John Berry Survey from RS, Residential
Single -Family to MH, Manufactured Housing to be known as Chisholm Park, Section One, Phase
One, located on County Road 152 -- Bobby Ray, Interim Director of Planning and Development
3. First reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level
from Level 2 and Level 5 to Level 4, and the Future Land Use from Office/Retail/Commercial, Mixed
Use, and Mining to Residential, Residential—Major Multi -Family, Parks & Open Space,
Office/Retail/Commercial, and Mixed Use for 898.03 acres in the J. Powell and J. Thompson Surveys
also known as the Weir Charitable Trust Project, located south of FM 2243 and west of Interstate 35
-- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP Interim Director.
4. First reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to
establish the Georgetown Transportation Advisory Board — Jim Briggs, Assistant City Manager for
Utility Operations and Paul Brandenburg, City Manager
GG Consideration and possible action to appoint Sissy Lego Pederson to the Library Advisory Board to a
vacant position that will expire February, 2007; and to appoint Kent Buikema to a position on the Parks and
Recreation Advisory Board that will expire in February, 2007; and to appoint Bob Mathis to a position on
the Parks and Recreation Advisory Board that will expire in February, 2006 — Mayor Gary Nelon
HH Consideration and possible action to approve an application for the continuation of the Victim Coordinator
and Liaison Grant (VCLG) through the Office of the Attorney General for the position of Victim Services
Coordinator — David Morgan, Police Chief
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, and on the bulletin board located outside of the Council
Chambers, 101 East 7th Street, places readily accessible to the general public at all times, on the _
day of , 2005, at , and remained so posted for at least 72 continuous
hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/June 28, 2005
Page 4 of 4 Pages
• deeCouncilg Date: June 28, 2005
AGENDA ITEM COVER SHEET
Item No. �) h I
SUBJECT:
Consideration and possible action to award the bid for construction of the Dove Springs
Wastewater Treatment Plant expansion to CSA, Inc of Houston, Texas and to approve a project
budget of $3,922,600.00.
ITEM SUMMARY:
The design and engineering of the Dove Springs Wastewater Treatment Plant Expansion
from 1.24 MGD to 2.5 MGD has been completed by Camp, Dresser, and McKee, Inc. Sealed bids for
the construction of the plant expansion were received and opened on lune 7, 2005. Seven companies
presented bids.
The design engineer (CDM) has reviewed the bids and has recommended the award of the
bid to the low bidder, CSA, Inc. of Houston. Texas. The low bid was $3,566,000.00.
Staff recommends that the project budget be set at $3,922,600.00. The additional project
budget is recommended to cover any unexpected work required to rehabilitate the original process
structure after it is drained for installation of new equipment.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds will come from the Wastewater Capital Fund 651101-6608-00.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval at the June 23, 2005 meeting. Approved 6-0. Smith
absent.
STAFF RECOMMENDATIONS
Staff recommends approval of the amendment to the KPA contract.
COMMENTS:
None
ATTACHMENTS:
Letter from CDM recommending award.
Submitted By: Glean W. Dishong
Water Services Ma
Assistant
For Utilities
mss" M ll_
12357-A Riata Trace Parkway. Suite 210
Austin, Texas 78727
tel: 512346-1100
fax: 512 345-1483
June 8, 2005
Mr. Tom Benz, P.E.
System Engineering Manager
Georgetown Utility System
City of Georgetown
300 Industrial Ave.
Georgetown, TX 78626
Subject: Dove Springs Wastewater Treatment Plant (WWTP) Expansion
Project No. 3AI
Recommendation of Award
Dear Mr. Benz:
On June 7, 2005, bids were received for the Dove Springs WWTP Expansion project. Seven
bids were received and are listed below:
CSA Construction, Inc.
$3,566,000.00
Bryan Construction Company
$3,854,800.00
Excel Construction Services, LLC
$3,882,881.00
Pepper -Lawson Construction, L.P.
$3,899,000.00
Cunningham Constructors & Associates, Inc.
$3,938,800.00
Keystone Construction, Inc.
$4,180,200.00
Austin Engineering Co., Inc.
$4,906,800.00
The low bidder for the project is CSA Construction, Inc..
We have investigated previous work by CSA Construction, Inc. to determine if they are
qualified to complete the work. CSA Construction, Inc. has constructed several wastewater
treatment plant projects in the past five years that are similar in scope and complexity to the
Dove Springs WWTP Expansion project. CSA completed the 1.5 mgd Pecan Branch
Wastewater Treatment Plant for the City of Georgetown in 2001 and the Sun City Pump
Station and Clearwell Project in 2002. Both of these projects were similar in scope and size to
the Dove Springs Project and were successfully completed. We believe that CSA
Construction, Inc. has the experience and the capacity to complete the Dove Springs WWTP
Expansion project within the time frame described in the contract. We therefore recommend
that the Dove Springs WWTP Expansion contract be awarded to CSA Construction, Inc. in the
amount of $3,566,000.
W Oty of Georgetown0ove Sprigs WWTP Improvements\Correspondence%Recommendation of Award to Benz (6 8 2005).doc
consulting -engineering -construction - operations
CDM
Mr. Tom Benz, P.E.
June 8, 2005
Page 2
If you have any questions regarding this recommendation to award or the project in general,
please contact me.
Sincerely,
"A44/nv"v V v— ; x,54366
Allen D. Woelke P.E.s•.1tiSTE�
Vice President �nAl
Camp Dresser & McKee Inc.
xc: Joel Weaver, City of Georgetown
Michael Hallmark, City of Georgetown
Glenn Dishong, City of Georgetown
WACIty of George iwraTove Springs W WTP Improvements\Correspondence\Recommendation of Award to Benz (6 0 2005) doc
City of Georgetown
Dove Springs W WTP Expai
Bid Tabulation
Bid Date: Tuesday, June 7, 2005 QP 2:00 p.m.
ISA Construction, Inc.
Bryan Construction Company
Excel Comstruedoo S
2314 McAllister Road
Be. 4087
13740 Research Blvd.
Houston TX 77092
Bryan TX 77805
MK -2
Contact: Rick Mayfield
Contact: John Barton
Austin TX 78750
Phone: 713.686.8868
Phone: 979.776.6000
Contact: Bill Miller
`ex: 713.686.8889
Fax: 979.776.6008
Phone: 512.506.9199
Bax Bid Annum given
.700.00 (u ler Bryan
we Conpmy)_ rtn' execen•
t" Ly $900 (sec tool .Wvq.
LLC Pepper -Lawson Construction, L.P.
P.O. Box 219227
Houston TX 77218.9227
Contact: Brent Konscaneer
Phone: 832.722.3949
Fax: 713.521.0386
soclates, Inc.
Box 2237
getown TX 78627
Box 160938
in TX 78716-0938
ace Chadic Carlisle
m: 512.288.6437
512.288.6439
3n Engineering Co., Im
Ranch Road 620 Norah
Box 342349
in TX 78734-2349
act: Travis Keller
e: 512.327.1464
0. &N4(05 4ll PM
k
Council Meeting Date: June 2S, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve the Water Services agreement between the City of
Georgetown, The Highlands at Mayfield Ranch, Ltd, and Highlands at Mayfield Ranch Municipal Utility
District.
ITEM SUMMARY:
Staff has been working with the developer of The Highlands at Mayfield Ranch to determine the
water infrastructure requirements needed to serve 1,250 lots with water service. The development is
located outside the City's ETJ,end the Developer has established a Municipal Utility District to finance
Vand'op'erated
ty nfrastructure.
nder the terms of the agreement, the District will receive retail water service from the City. Retail
e vice will be provided at the established out -of -city rate with all water infrastructure to be owned
by the City. The Developer or District will construct off-site water service improvements
including an elevated storage tank and water lines to connect to the 16 -inch water main on Leander Road.
The City will receive a Water Impact Fee for all connections within the District.
The Wastewater infrastructure will continue to be owned by the District with wastewater service
to be provided by a third party.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None
GUS BOARD RECOMMENDATION:
GUS Board recommended approval at the June 9, 2005 meeting. Approved 7-0.
STAFF RECOMMENDATIONS
Staff recommends approval of the agreement.
COMMENTS:
None
ATTACHMENTS:
Deal Points
Water Services
Submitted By: Glenn Dishong,
Water Services Manager
For Utility Operations
MAYFIELD MUD AGREEMENT
DEAL POINTS
• Mayfield MUD will receive water service from City of Georgetown
• Mayfield MUD will construct Offsite improvements to connect to 16" line on
Leander Rd
o 16" line and 12" line
o 500,000 gallon elevated storage tank
• Mayfield MUD will be assessed the new impact fee adopted on Oct 1, 2005
• Mayfield MUD will receive an impact fee credit for the construction of the
Offsite Improvements
o If new impact fee includes the cost of the improvements
o For all connections in the development
WATER UTILITY SERVICES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Water Utility Services Agreement ("Agreement") is between the City of
Georgetown, Texas (the "City"), a home -rule city located in Williamson County, Texas, and
The Highlands at Mayfield Ranch, Ltd., a Texas limited partnership (the "Developer"). Upon
final creation of Highlands at Mayfield Ranch Municipal Utility District, a district to be
created under Chapters 49 and 54 of the Texas Water Code (the "District"), the District will join
in this Agreement and be bound by certain of its provisions.
W y;Z1] _1llliw I [U►1
The Developer owns or controls approximately 345.79 acres of land located within the
extraterritorial jurisdiction of the City of Round Rock ("Round Rock'). The Land is more
particularly described by metes and bounds on the attached Exhibit A (the "Land"), and its
boundaries are depicted on the master land plan attached as Exhibit B (the "Master Land Plan").
The Developer intends to develop the Land as a master -planned, residential community. Round
Rock has consented to the creation of the District, and the Developer has petitioned the Texas
Commission on Environmental Quality for approval of creation of the District.
The Land is located within the certificated water utility service area of the City, and the
Developer and the City desire to enter into an agreement under which the Developer will
construct a water distribution system to serve the Land on behalf of the District, and the City will
provide a water supply for and will utilize this water distribution system to provide retail water
service to customers and landowners in the District.
Therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, including the agreements set forth below, the parties contract as follows.
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. In addition to the terms defined elsewhere in this Agreement
or in the City's ordinances, the following terms and phrases used in this Agreement will have the
meanings set out below:
(a) Agreement: This Water Utility Services Agreement between the City and
the Developer.
(b) Com: The City of Georgetown, Texas, a home -rule city located in
Williamson County, Texas.
204385-12 06/20/2005
(c) Commission: The Texas Commission on Environmental Quality or its
successor agency.
(d) Developer: The Highlands at Mayfield Ranch, Ltd., or its successors and
assigns under this Agreement.
(e) District: Highlands at Mayfield Ranch Municipal Utility District.
(f) Effective Date: The date when one or more counterparts of this
Agreement, individually or taken together, bear the signatures of the City and the Developer.
(g) Land: 345.79 acres of land, described by metes and bounds on Exhibit A.
(h) Major Water Facilities Plan: The plan for off-site water improvements to
serve the Land, attached as Exhibit C.
(i) Major Water Facilities: The Water Transmission Main and Water Storage
Tank, as depicted on the Major Water Facilities Plan.
(j) On -Site Water Facilities. All water facilities internal to the Land that are
necessary to serve the Land.
(k) Water Impact Fee. The fee determined by the City in accordance with
Chapter 395, Texas Local Government Code, to recoup costs of capital improvements to the
City's water utility system.
(1) Water Storage Tank. The 500,000 gallon water storage tank to be
constructed on the Land, as shown on the Major Water Facilities Plan.
(m) Water Transmission Main. The water transmission main to be constructed
from the City's existing 16 -inch water line in RM 2243 to the boundary of the Land, in the
approximate location and in the size(s) as shown on the Major Water Facilities Plan, which is
attached hereto as Exhibit C.
ARTICLE H
MAJOR WATER FACILITIES
Section 2.01 Approval of Major Water Facilities Plan. The City hereby approves the
Major Water Facilities Plan for the Land attached as Exhibit C, which is incorporated herein by
reference for all purposes as if set forth in full.
Section 2.02 Construction of Major Water Facilities.
a) In order to extend water service from the City's existing water distribution system
to the Land, the Developer will construct the Major Water Facilities. No other off-
site water improvements will be required by the City to extend water service to the
Land. Developer shall construct the Major Water Facilities in accordance with
applicable ordinances, rules and regulations of the City and any other governmental
2
204385-12 06/20/2005
entity with jurisdiction and pursuant to plans and specifications approved by the
City.
b) The Developer shall construct the Water Storage Tank on a location reasonably
acceptable to the City within the land owned or controlled by Parkside at Mayfield
Ranch, Ltd. and to be known as the Parkside at Mayfield Ranch Municipal Utility
District (or at some other location if approved by the City), prior to initiation of
water service to the 251" water service connection within the Land. However, the
City may authorize the deferral of construction based upon the completion of water
infrastructure by others; if authorized, notice of any such construction deferral shall
be provided to Developer in writing by the City. If the City authorizes deferral of
the construction of the Water Storage Tank, then the Developer shall complete the
construction of a Water Storage Tank within 18 months after receipt of written
notice to proceed from the City.
c) The Developer shall construct the Water Transmission Main prior to the initiation
of water service to the Land. The Water Transmission Main shall be constructed
within public rights-of-way or within utility easements obtained by the District or
the Developer for such purpose. The District or the Developer shall diligently
attempt to obtain all easements necessary for the Water Transmission Main, at their
expense, except that the City will make available, at no cost to the District or the
Developer, the right to use any rights-of-way or easements held by the City.
d) If the District or the Developer are unable to obtain any required easements, then,
upon the District's or the Developer's request, the City may, in its sole discretion,
attempt to acquire such easements using its power of eminent riomainif necessary,
at Developer's sole expense; provided specifically that such expenses shall include
but not be limited to City staff time for oversight and project management;
attorneys' fees; survey fees and expenses; appraisal fees and expenses; expert fees
and expenses, and all other reasonable fees, costs and expenses associated with the
acquisition. The Developer shall reimburse City for the acquisition costs within
thirty (30) days after receipt of the City's invoice for such costs.
Section 2.03 Ownership, Operation and Maintenance of Major Water Facilities.
Upon completion of each of the Major Water Facilities, the Developer will convey the facility in
question to the City for ownership, operation and maintenance, subject to (a) a capacity interest
in the facility for the provision of water service to the District; (b) the Developer's right to
reimbursement from the District for the cost of such facility, in consideration of the District's
capacity interest, and in accordance with the rules of the Commission.
Section 2.04 Capacity Interest in Major Water Facilities; Reimbursement of Costs.
The capacity interest in the Major Water Facilities described in Section 2.03 may be assigned by
the Developer to the District. The Developer acknowledges that, upon acceptance of Major
Water Facilities, the City will utilize the Major Water Facilities as part of the City's overall
water utility system; however, such service will not be provided in a manner that impairs the
City's ability to serve the Land in accordance with the terms of this Agreement.
3
204385-12 06/20/2005
Section 2.05 Water Impact Fees; Availability of Service.
a) The City agrees that it has and will maintain the ability to provide water service
pursuant to this Agreement as required for development within the Land at flow
rates and pressures sufficient to meet the minimum requirements set forth in the
rules and regulations of the Commission.
b) The Water Impact Fee payable to the City for each water service connection within
the Land will be determined based on the Water Impact Fee in effect at the time of
final approval by Williamson County, Texas of the final subdivision plat for the
portion of the Land that includes that service connection. The City will collect the
applicable Water Impact Fee from each customer within the District on or before
the time that an application for an individual meter connection to the City's water
system is filed with the City. All Water Impact Fees will be retained by the City,
however, the City will provide a monthly accounting to the District of all Water
Impact Fees collected, including the date of payment, the name of the paying party,
the service address for which the Water Impact Fees were paid.
c) Upon payment of the applicable Water Impact Fee, the City agrees to guarantee
capacity in the City's water utility system in an amount equal to the number of
water service connections for which Water Impact Fees have been paid. In
consideration of the payment of the City's Water Impact Fees and the other
consideration to the City accruing under this Agreement, neither the Developer nor
the District, nor their respective successors and assigns, will be required to pay any
other City impact, capital recovery or similar fee to the City for water service under
this Agreement. However, the Developer, District, and their successors or assigns
shall be obligated to pay the City's usual and customary utility connect fees (e.g.,
water meter connect fee and engineering and inspection fee) for all water
connections within the Land.
d) Nothing in this Article will be construed as reserving capacity for the District in any
City water distribution and treatment facilities or any future City water distribution
and treatment facilities constructed by third parties prior to the payment of the
applicable Water Impact Fee as provided in this Section.
ARTICLE III
ON-SITE WATER FACILITIES
Section 3.01 Construction of On -Site Water Facilities. The Developer or the District
will construct all On -Site Water Facilities that are necessary to serve the Land, including all
water system piping, valves, and hydrants, within designated easements or rights-of-way up to
the customer side of the meter. These On -Site Water Facilities will be designed and constructed
in accordance with the applicable ordinances, rules and regulations of the City and any other
governmental agency with jurisdiction and pursuant to plans and specifications approved by the
City. The City will inspect the On -Site Water Facilities for compliance with the approved plans
and specifications, and will also conduct the series of plumbing inspections required by the
Texas Plumbing License Law and issue a customer service inspection certificate for each
4
204385-12 06/20/2005
connection when all such inspections are satisfactorily completed. The City will provide the
inspections contemplated by this Section for the inspection fees charged by the City for such
inspections outside the City limits, which fees will be collected from the contractor or customer
requesting the inspection. The City will retain copies of all inspection reports, and provide them
to the District upon request.
Section 3.02 Ownership, Operation, and Maintenance of On -Site Water Facilities.
The City agrees to accept the On -Site Water Facilities for operation, maintenance and repair
upon completion of construction and the assignment of the applicable one-year maintenance
bonds from the construction contractor to the City. Within 90 days of its completion or
acquisition of any On -Site Water Facilities, the District will convey them to the City, subject to
(a) a capacity interest in the On -Site Water Facilities for service to the District, and (b) the
Developer's right to reimbursement from the District for the cost of such facility, in accordance
with the rules of the Commission.
Section 3.03 Retail Water Utility Service. The City will provide water service to
customers within the District on a retail basis in the same manner, on the same terms and
conditions, and at the same rates as the City provides such service to other retail customers
outside the corporate limits of the City. The City will be solely responsible for the collection of
its Water Impact Fees and for billing and collecting for water service provided to customers
within the District.
ARTICLE IV
DISTRICT RATES AND FEES
The City agrees to collect, on behalf of the District, any applicable District fees specified
in the District's rate order (the "District Fees'. Any District Fees specified in the District's rate
order to be collected prior to initiation of service to a customer will be collected by the City at
the time of its collection of the City's Water Impact Fees from each customer within the District
and prior to the customer's initial connection to the On -Site Water Facilities. All District fees
collected by the City, less the charges due to the City for collection of the District Fees specified
below, will be remitted to the District at least quarterly, together with a detail showing the related
customer names and service addresses. The District agrees to pay the City a one-time set-up fee
of $150.00 for each type of District Fee collected, plus a fee of $0.25 per transaction, as
compensation for the City's collection of the District Fees. The District will have the sole
responsibility for collecting any delinquent District Fees,
5
204385-12 06/20/2005
ARTICLE V
AUTHORITY, TERM, ASSIGNMENT AND REMEDIES
Section 5.01 Authority. This Agreement is entered into, in part, under the statutory
authority of Section 402.014 of the Texas Local Government Code.
Section 5.02 Term.
(a) As between the City and the Developer, the term of this Agreement will
commence on the Effective Date and continue for 15 years thereafter, unless terminated on an
earlier date under other provisions of this Agreement or by written agreement of the City and the
Developer. Upon the expiration of 15 years, this Agreement may be extended, at the
Developer's request and with City Council approval, for up to two successive fifteen -year
periods.
(b) As between the City and the District, the term of this Agreement will commence
on the date that the District's Board of Directors executes this Agreement and will continue for
40 years thereafter.
Section 5.03 Assignment.
(a) The rights and obligations of the Developer under this Agreement may be
assigned by the Developer to a subsequent developer of all or a portion of the Land. Any such
assignment will only be effective if it is in writing, specifically sets forth the assigned rights and
obligations, is executed by the assignee, and a copy is delivered to the City.
(b) If the Developer assigns its rights and obligations hereunder as to a portion of the
Land, then the rights and obligations of any assignee and the Developer will be severable, and
the Developer will not be liable for the nonperformance of the assignee and vice versa. In the
case of nonperformance by one developer, the City may pursue all remedies against that
nonperforming developer, but will not impede development activities of any performing
developer as a result of that nonperformance.
(c) This Agreement is not intended to be binding upon, or create any encumbrance to
title as to, any ultimate consumer who purchases a fully developed and improved lot within the
Land.
Section 5.04 Remedies. In the event of default by any party, a non -defaulting party
may give the defaulting party written notice specifying the default (the "Notice"). If the
defaulting party fails to fully cure any default that can be cured by the payment of money
("Monetary Default") within 30 days after receipt of the Notice, or fails to commence the cure of
any default specified in the Notice that is not a Monetary Default within 30 days of the date of
the Notice, and thereafter to diligently pursue such cure to completion, then the other party shall
be entitled to a proper writ issued by a court of competent jurisdiction compelling and requiring
the defaulting party to observe and perform the covenants, obligations and conditions described
in this Agreement. The non -defaulting party may employ attorneys to pursue its legal rights and
6
204385-12 06/20/2005
if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be
obligated to pay all expenses incurred by the nondefaulting party, including reasonable
attorneys' fees not to exceed the usual and customary rate charged by the City attorney.
Section 5.05 Cooperation.
(a) The City, the Developer, and the District each agree to execute such further
documents or instruments as may be necessary to evidence their agreements hereunder.
(b) In the event of any third party lawsuit or other claim relating to the validity of this
Agreement or any actions taken hereunder, the City, the Developer, and the District agree to
cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve
the suit or claim without diminution in their respective rights and obligations under this
Agreement.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.01 Notice. Any notice given under this Agreement must be in writing and
may be given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing
it with Federal Express or another service guaranteeing "next day delivery", addressed to the
party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or
any agent of the party listed in this Agreement, or (iv) by facsimile with confirming copy sent by
one of the other described methods of notice set forth. Notice by United States mail will be
effective on the earlier of the date of receipt or three days after the date of mailing. Notice given
in any other manner will be effective only when received. For purposed of notice, the addresses
of the parties will, until changed as provided below, be as follows:
City: City of Georgetown
P. O. Box 409
Georgetown, Texas 78627
Attn: City Manager
With Required Copy to: Patricia E. Carls
Brown & Carls, L.L.P.
106 East 6`F' Street
Austin, Texas 78701
Developer: The Highlands at Mayfield Ranch, Ltd.
1011 North Lamar Boulevard
Austin, Texas 78703
Attn: Blake Magee
District: Sue Brooks Littlefield
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
7
204385-12 06/20/2005
Austin, Texas 78701
The parties may change their respective addresses to any other address within the United States
of America by giving at least five days' written notice to the other party. The Developer and the
District may, by giving at least five days' written notice to the City, designate additional parties
to receive copies of notices under this Agreement.
Section 6.02 Severability; Waiver.
(a) If any provision of this Agreement is illegal, invalid, or unenforceable, under
present or future laws, it is the intention of the parties that the remainder of this Agreement not
be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be
added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the
illegal, invalid or enforceable provision as is possible.
(b) Any failure by a party to insist upon strict performance by the other party of any
material provision of this Agreement will not be deemed a waiver thereof or of any other
provision, and such party may at any time thereafter insist upon strict performance of any and all
of the provisions of this Agreement.
Section 6.03 Applicable Law and Venue. The interpretation, performance,
enforcement and validity of this Agreement is governed by the laws of the State of Texas.
Venue will be in a court of appropriate jurisdiction in Williamson County, Texas.
Section 6.04 Entire Agreement. This Agreement contains the entire agreement of the
parties. There are no other agreements or promises, oral or written, between the parties
regarding the subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the parties. This Agreement supersedes all other agreements between the
parties concerning the subject matter.
Section 6.05 Exhibits, Headings, Construction and Counterparts. All schedules and
exhibits referred to in or attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever
appropriate, words of the masculine gender may include the feminine or neuter, and the singular
may include the plural, and vice -versa. The parties acknowledge that each of them have been
actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of
construction that any ambiguities are to be resolved against the drafting party will not be
employed in interpreting this Agreement or any exhibits hereto. This Agreement may be
executed in any number of counterparts, each of which will be deemed to be an original, and all
of which will together constitute the same instrument. This Agreement will become effective
only when one or more counterparts, individually or taken together, bear the signatures of all of
the parties.
Section 6.06 Time. Time is of the essence of this Agreement. In computing the
number of days for purposes of this Agreement, all days will be counted, including Saturdays,
Sundays and legal holidays; however, if the final day of any time period falls on a Saturday,
1.1
204385-12 06/20/2005
Sunday or legal holiday, then the final day will be deemed to be the next day that is not a
Saturday, Sunday or legal holiday.
Section 6.07 Authority for Execution. The City certifies, represents, and warrants that
the execution of this Agreement is duly authorized and adopted in conformity with its City
Charter and City ordinances. The Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the articles of
incorporation and bylaws or partnership agreement of each entity executing on behalf of the
Developer.
Section 6.08 Exhibits. The following exhibits are attached to this Agreement, and
made a part hereof for all purposes:
Exhibit A - Metes and Bounds Description of the Land
Exhibit B - Master Land Plan
Exhibit C - Major Water Facilities Plan
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
9
204385-12 06/20/2005
CITY OF GEORGETOWN
Printed Name:
Title:
ATTEST:
Printed Name:
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me the _ day of
2005, by of the City of Georgetown, Texas,
a home -rule city, on behalf of the city.
Notary Public Signature
10
204385-12 06/20/2005
THE HIGHLANDS AT MAYFIELD RANCH,
LTD., a Texas limited partnership
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
L -n
STATE OF TEXAS
COUNTY OF WILLIAMSON
Blake Magee, President
This instrument was acknowledged before me the _ day of
2005, by Blake Magee, President of BJM Mayfield Ranch GP, Inc., a Texas corporation, general
partner of The Highlands at Mayfield Ranch, Ltd., a Texas limited partnership, on behalf of said
corporation and limited partnership.
Notary Public Signature
11
204385-12 06/20/2005
THE HIGHLANDS AT MAYFIELD RANCH
MUNICIPAL UTILITY DISTRICT
By:
Printed Name:
Date:
ATTEST:
Printed Name:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the _ day of
2005, by , of The Highlands at Mayfield
Ranch Municipal Utility District, a district operating under Chapters 49 and 54 of the Texas
Water Code.
Notary Public Signature
12
204385-12 06/20/2005
't
204385-12 06/20/2005
EXHIBIT A
[Metes and Bounds Description of the Land]
Exhibit A
Page j of 1
4
345.67 ACRES EXHIBIT A
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE JOHN
POWELL SURVEY, ABSTRACT NO. 491 AND BEING A PART OF THAT 345.79 ACRE
TRACT OF LAND CONVEYED TO BRUSHY CREEK RESERVE INVESTMENTS BY DEED
RECORDED IN VOLUME 788, PAGE 399 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ATA Y:" IRON ROD FOUND IN THE SOUTH LINE OF LOf 13, WHITETAIL SECTION
3, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE 252 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAME BEING THE EASTERLY
NORTHEAST CORNER OF THAT 558.26 ACRE TRACT OF LAND CONVEYED TO
WILLIAMSON COUNTY PARK FOUNDATION, INC., BY DEED RECORDED IN DOCUMENT
NUMBER 2003000507 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND ALSO BEING THE NORTHWEST CORNER OF THE SAID 345.79 ACRE TRACT;
THENCE N.68°44'51"E., ALONG THE NORTH LINE OF THE SAID 345.79 ACRE TRACT, AT
A DISTANCE OF 424.66 FEET PASS A Y:" IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID LOT 13, AT A DISTANCE OF 868.02 FEET PASS A Y," IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF LOT 49, WHITETAIL SECTION II, RECORDED
IN CABINET D, SLIDE 141 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, AT A
DISTANCE OF 1804.53 FEET PASS A Yz" IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF LOT 46, AT A DISTANCE OF 2245.21 FEET PASS A Y:" IRON ROD FOUND
FOR THE SOUTHEAST CORNER OF LOT 45, AT A DISTANCE OF 2685.97 FEET PASS AN
IRON ROD FOUND FOR THE SOUTHEAST CORNER OF LOT 44, IN ALL A TOTAL
DISTANCE OF 3330.25 FEET TO A Y2 IRON ROD FOUND FOR AN ANGLE POINT IN THE
SOUTH LINE OF LOT 43, WHITETAIL SECTION II;
THENCE N.42°25'24"E., ALONG THE NORTH LINE OF THE SAID 345.79 ACRE TRACT AND
THE SOUTH LINE OF LOT 43, A DISTANCE OF 48.42 FEET TO A Yi' IRON ROD SET IN A
CHAIN LINK FENCE FOR THE WEST LINE OF THAT 1601.61 ACRE TRACT OF LAND
CONVEYED TO TEXAS CRUSHED STONE COMPANY BE DEED RECORDED IN VOLUME
634, PAGE 366 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.20028'1 3"E., ALONG SAID WEST LINE, A DISTANCE OF 1950.90 FEET TO A''/z"
IRON ROD FOUND;
THENCE ALONG THE WEST LINE OF THE SAID 1601.61 ACRE TRACT AND THE EAST
LINE OF THE SAID 345.79 ACRE TRACT THE FOLLOWING TWO (2) COURSES:
1. S.67045'22"W., A DISTANCE OF 571.57 FEET TO A''/2" IRON ROD FOUND
2. S.20°53'26"E. A DISTANCE OF 2914.62 FEET TO A1/2" IRON ROD FOUND FOR THE
SOUTHEAST CORNER OF THE SAID 345.79 ACRE TRACT;
THENCE S.69003'31101- ALONG THE SOUTH LINE OF THE SAID 345.79 ACRE TRACT
AND ALONG THE NORTH LINE OF THE PLAT OF PRESERVE AT STONE OAK PHASE 3
SECTION 3, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET V, SLIDES
248, 249 AND 250 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, IN PART
S ALANO951-100019801980-SURV,rtf
Page 1 of 2
345.67 ACRES
THE SAME BEING THE SOUTH LINE OF THE SAID JOHN POWELL SURVEY, A DISTANCE
OF 2990.71 FEET TO A %x" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE
SAID 345.79 ACRE TRACT AND TO THE EAST LINE OF THAT 92.670 ACRE TRACT OF
LAND CONVEYED TO BJM MAYFIELD RANCH, LTD., BY DEED RECORDED IN
DOCUMENT NUMBER 2001025550 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS;
THENCE N.17°46'12"W., ALONG THE WEST LINE OF THE SAID 345.79 ACRE TRACT, A
DISTANCE OF 1742.66 FEET TO A %:" IRON ROD FOUND FOR AN ANGLE POINT IN THE
WEST LINE OF THE SAID 345.79 ACRE TRACT AND'FOR AN ANGLE POINT IN THE
EASTERLY LINE OF THAT 558.26 ACRE TRACT OF LAND CONVEYED TO WILLIAMSON
COUNTY PARK FOUNDATION, INC., BY DEED RECORDED IN DOCUMENT NUMBER
2003000507 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE WASHINGTON
ANDERSON SURVEY AND THE SOUTHEAST CORNER OF THE JOHN D. ANDERSON
SURVEY;
THENCE ALONG THE WEST LINE OF THE SAID 345.79 ACRE TRACT AND THE EAST
LINE OF THE SAID 558.26 ACRE TRACT THE FOLLOWING THREE (3) COURSES:
1. N.18°25'54"W., A DISTANCE OF 801.28 FEET TO A %z" IRON ROD FOUND;
2. N.19002'53"W., A DISTANCE OF 832.03 FEET TO A %" IRON ROD FOUND;
3. N.19°03'19"W., A DISTANCE OF 1467.36 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 345.67 ACRES, MORE OR LESS.
N KENNETH WEI AND
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...EGISTERED
CK�E.N�N
PROFESSIONAL LAND SURVEYOR NO. 5741
EKSTATE
OF TEXAS
r`�'
RJ SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
S:ILAND951-100019801980-S URV. rtf
Page 2 of 2
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EXHIBIT B
[Master Land Plan]
Exhibit B
Page 14p of 19
204385-12 06/20/2005
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EXHIBIT C
[Major Water Facilities Plan
Exhibit C
Paged of 19
204385-12 06/20/2005
0
0
Agenda Item:
Agenda Item Check List
Financial Impact
Dove Springs WWTP Bid Award
Agenda Item Subject: Review and possible action to award the bid for construction of the
Dove Springs Wastewater Treatment Plant expansion to CSA
Construction, Inc of Austin, Texas and to approve a project budget of
$3,922,600.00.
Is this a Capital Improvement
Project:
Council Date:
0Yes ( )No
06/28/2005
link to Agenda database => io
Need Help?
Was it budgeted? • Yes No
Is it within the approved budgeted amount? * Yes -) No
If not, where is the money coming from?
G/L Account Number 651-101-6608-00
Amount Going to Council $ 3,922,600.00
Is there something (budgeted) that won't get Yes • No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's Yes 0 No
budget?
If so, please explain.
Does this project have future revenue Yes 0 No
impact?
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: Yes No
If so, what division(s)?
Prepared by: Glenn Dishong Date: 06/10/2005
Agenda Item Checklist: Approved on 06/23/2005
pproyers
itle
Assigned
INotified
Received
Status Changed
Status
Jim Briggs
Assistant City
06/10/2005
06/23/2005
06/23/2005
06/23/2005
Approved
Jose Lara
Manager
06/23/2005
06/23/2005
06/23/2005
Admin Delegated
Micki Rundell
Utility Financial
06/23/2005
06/23/2005
6/23/2005
06/23/2005
Approved
Analyst
Director of Finance
and Administration
49 Approver Comments _..
Approval Cycle Settings