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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 ..J ...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 'a EXHIBIT B [Master Land Plan] Exhibit B Page 14p of 19 204385-12 06/20/2005 M9 I IONIONf1� I I ; r 1 , 1 I, I, HIGHLANDS ^T MAYFIELD RANCH 1 C'Wr ZLMl 1 rw.n I /rMf/µ ASf ]f: Ie wiaa CITY or IMP X. M IAMSON CWNTY• TEXAS Ry(r/R IIfr.`Ja/ yR- r•'� __ 1ars,r lrr3 rw�.wa/. a+fmrN ".e __a_vq D - r�-• r'�T1 ���—_r_ ____ r.(:.a s[cxwR lEl •e I ol` r <e.__�._____. 1 _. M9 I IONIONf1� I I ; r 1 , 1 I, I, EXHIBIT •, B. r. .... .9w 1T - I P�T�Tl1-rrrT' � ry F VJ_LlL1�JJ_L I I N9K94 I I I I I I 1 ' i I I I I 1 I I i i- bLA __a_vq D - r�-• r'�T1 44Yf/llyM //ml Mw aa7 E Al4'w uf. �r Srr Mf tafKe�wr RAhV A'X[S DAM D ff-rru ru rf LI= RJ AAPtEMYS EXHIBIT •, B. r. .... .9w 1T - I P�T�Tl1-rrrT' � ry F VJ_LlL1�JJ_L I I N9K94 I I I I I I 1 ' i I I I I 1 I I i .v..mme v mren wa n+wr. rr. •,n 'nn» a m�v n N On4��e�rMirO�WmOu � 44Yf/llyM //ml Mw r.ur- run Al4'w uf. �r Srr Mf tafKe�wr RAhV A'X[S DAM D ff-rru ru rf n...n RJ AAPtEMYS .v..mme v mren wa n+wr. rr. •,n 'nn» a m�v n 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