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Agenda CC 12.14.2004
Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, December 14, 2004 The Georgetown City Council will meet on Tuesday, December 14, 2004 at 06:00:00 PM at the City Council Chambers, 101 E. 7th Street, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. 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 - E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division -Sheryl Hayes-Pupko v. Williamson County Texas, Derricki Dutton, City of Georgetown, Neil Crawford, 277th Judicial District, Williamson County, Texas - Legal issues related to proposed MUD #15 - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072: Deliberation on Real Property - Discussion and possible action concerning the disposition of approximately 0.047 ac. of city -owned property at the NE comer of South Austin Avenue and Leander Rd. - Discussion and possible action regarding the disposition of certain city -owned real property. - Discussion and possible action concerning the purchase of dght-of-way and easements for improvements to SH 29 West and CR 265 - Discussion and possible action regarding acquisition of property for downtown parking C Sec.551.087 Economic Development - Discussion or deliberation regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations 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.) Call to Order Pledge of Allegiance Comments from the dais - Welcome to Audience and Opening Comments — Mayor Gary Nelon - Announcement of one vacancy for a Downtown Property Owner on the Main Street Advisory Board City Council Agenda/December 14, 2004 Page 1 of 5 Pages - Announcement of two vacancies on the Building Standards Commission for one Regular and one Alternate - Announcement of vacancy on the Civil Service Commission in December - Announcement of Recruitment for new members for the 2005/2006 City Boards and Commissions (deadline for applications is December 31, 2004) G Announcements and Comments from City Manager H Public Wishing to Address Council - Keith Peshak regarding police vehicles. I Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 22, and the Regular Council Meeting on Tuesday, November 23, 2004 — Sandra D. Lee, City Secretary K Consideration and possible acceptance of a Grant of $3,600.00 from the Texas Commission on Fire Protection — Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief L Consideration and possible action to approve the purchase of one copier from Ikon Office Solutions for $4,599.00 and four copiers from Dahill Industries for $33,466.00 for a total of $38,065.00 through the Texas Local Government Cooperative contract — Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration M Consideration and possible action to approve the purchase of one 2005 Ford Excursion complete with equipment for the Fire Department in the amount of $43,197.00 from Philpott Motors through the Texas Local Government Cooperative contract — Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve the purchase of Bloxide chemicals from U.S. Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $45,000.00 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager O Consideration and possible action to assign the Agreement for Offsite Utility Construction Cost Sharing between the City and Cottonwood Creek Development, LLC to TP462, Ltd. -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: P Discussion and possible action to approve the proposed revised Williamson County & Cities Health District Cooperative Agreement -- Tom Yantis, Assistant City Manager Q Consideration and possible action to re -appoint Lettie Lee as the City of Georgetown Representative to the Williamson County and Cities Health District — Mayor Gary Nelon R Consideration and possible action to approve the Lease and Agreement with the Texas Parks and Recreation Foundation for the 100 -acre donation for Garay Park — Randy Morrow, Director of Community Services S Consideration and possible action to approve a contract with STIR in the amount of $781,700 for construction of Lake Georgetown Trail and Rivery Park — Randy Morrow, Director of Community Services T Consideration and possible action to approve the recommendation by the Main Street Advisory Board to expand the Board, as designated in Exhibit A, Chapter 2.69.30 of the City of Georgetown Code of City Council Agenda/December 14, 2004 Page 2 of 5 Pages Ordinances, by adding two citizens at large to the current seven members, giving the Main Street Advisory Board a total of nine members — J. Bryant Boyd, Main Street Advisory Board Chair; Shelly Hargrove, Tourism Director and Main Street Manager; and Randy Morrow, Director of Community Services U Consideration and possible action regarding an award of annual bid for landscape maintenance services for unimproved parkland and detention ponds to We Mow It in the amount of $54,270.00 -- Terry Jones, Purchasing Director•, Mark Miller, Transportation Services Manager, and Randy Morrow, Director of Community Services V Consideration and possible action to approve of the selection of Croslin and Associates, Architects, for design of the Library, Recreation Center, and Fire Station and authorizing staff to negotiate a contract in an amount not to exceed $1,381,193.00 — Terry Jones, Purchasing Director and Tom Yantis, Assistant City Manager W Consideration and possible action regarding a resolution expressing official intent to reimburse architectural and engineering costs for the new Library and expansion of the Recreation Center, not to exceed $1,235,723 with proceeds from bonds that will be issued at a later time — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration X Consideration and possible action regarding a resolution expressing official intent to reimburse the cost of the fire apparatus, not to exceed $500,000 with proceeds from bonds that will be issued at a later time — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Y Consideration and possible action regarding approval of the purchase of one (1) Quint Fire Apparatus from Sutphen Corporation in the amount of $499,516.12 — Terry Jones, Purchasing Director and Anthony Lincoln, Fire Chief Z Consideration and possible action regarding a resolution opposing any school finance or tax system reforms that would negatively impact City revenues or economic development efforts -- Micki Rundell, Director of Finance and Administration AA Consideration and possible action regarding a resolution to support legislative efforts to remove the four-year sunset provision for future street sales tax elections -- Micki Rundell, Director of Finance and Administration BB Consideration and possible action to modify Council rules regarding citizen input at City Council Meetings -- Doug Smith, District 3 Councilmember CC Consideration and possible action regarding a Preliminary Plat of 307.85 acres in the I. Donegan and J. Thompson Surveys, to be known as Shadow Canyon Subdivision, located on SH 29 West, with requested waivers to the Unified Development Code -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development DD Consideration and possible action regarding a Record Final Plat to be known as a Replat of Rivery, Phase 1, Block B, Lot 5 with a variance to the Subdivision Regulations, located at 700 South IH -35 — Caria Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development EE Consideration and possible action regarding a Public Review Final Plat for 65.036 acres in the Burrell Eaves Survey to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development FF Consideration and possible action to approve a Consent Agreement between the City and Williamson County Municipal Utility District #15 — Paul Brandenburg, City Manager and Patricia E. Carts, City Attorney GG Consideration and possible action to approve a Partial Assignment and Assumption Agreement between Del Webb Texas Limited Partnership, Robert D. Wunsch Trustee, the City of Georgetown, and Chisholm Trail Special Utility District -- Jim Briggs, Assistant City Manager; Micki Rundell, Director of Finance and Administration; and Trish Carls, City Attorney City Council Agenda/December 14, 2004 Page 3 of 5 Pages HH Second Readinas 1. Second Reading of an ordinance amending the previous year 2003104 Annual Operating Plan Element (Budget) to offset variances in various fund bugdgets for increases in expenditures that are tied to service requests, revenue collection rates, grants and project timing — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration 2. Second Reading of an Ordinance to consider a Comprehensive Plan Amendment for 2,331.167 acres in the Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and west of Sun City Georgetown, to amend the Future Land Use Plan from Residential and Williams Drive Mixed Use to Residential, Office/Retail/Commercial, Mixed Use, and Parks/Open Space and to amend the Intensity Plan from Intensity Levels 1 and 2 to Intensity Levels 3, 4, and 5 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development 3. Second Reading of an ordinance to consider a Comprehensive Plan Amendment to change the Intensity Level from Level 3 to Level 4 for the Williams Addition, Unit 1, Block 1, Lot 9-10 and 0.36 acres in the Nicholas Porter Survey, located at 2201 Williams Drive — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development. 4. Second Reading of an ordinance Rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Surveys, from AG, Agricultural District to: RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts, to be known as Shadow Canyon Subdivision, located at 2651 S.H. 29 — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development 5. Second Reading of an ordinance Rezoning of 3.986 acres in the Clement Stubblefield Survey, from RS, Residential Single -Family district to C-3, General Commercial district, located at north of Leander Road just west of IH -35 — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development 6. Second Reading of an ordinance Rezoning 65.036 acres in the Burrell Eaves Survey from AG, Agriculture district to PUD, Planned Unit Development, to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development 7. Second Reading of an ordinance amending the City of Georgetown code of Ordinances relating to Chapter 8.04, "Fire Code" to provide for the adoption of the 2003 International Fire Code and make corresponding amendments; repealing Chapter 8.05, "Supplemental Fire Cade," including provisions for the phasing in of the application of the 2003 International Fire Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effecive date — David Hall, Director of Inspection Services and Tom Leggitt, Fire Marshal 8. Second Reading of an ordinance repealing the following existing Chapters of the City of Georgetown Code of Ordinances: Chapter 15.05, "Supplemental Building Code," Chapter 15.09, "Supplemental Mechanical Code;" Chapter 15.10, "Supplemental Gas Code;" Chapter 15.13, "Supplemental Plumbing Code;" Chapter 15.24, "Housing Code;" Chapter 15.32, "Swimming Pool Code;" Chapter 15.38, "unsafe Building Abatement Code;" and Chapter 15.52, "Stone Water Drainage;" including a severability clause; and establishing an effective date — David Hall, Director of Inspection Services 9. Second Reading of an ordinance amending Chapter 15.16, of the City of Georgetown Code of Ordinances entitled "Electrical Code," to provide for the adoption of the 2002 National Electrical Code and to make other corresponding amendments relating to electrical licensing registration and electrical installation requirements; including provisions for the phasing in of the application of the 2002 National Electrical Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date — David Hall, Director of Inspection Services 10. Second Reading of an ordinance amending the following Chapters of the City of Georgetown Code of City Council Agenda/December 14, 2004 Page 4 of 5 Pages Ordinances to provide for the adoption of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes: Chapter 15.04 "Building Code;" Chapter 15.08 "Mechanical Code;' Chapter 15.12 "Plumbing Code;' Chapter 15.20 "Gas Code;" Chapter 15.25 "Existing Building Code;' Renumbering the sections of Chapter 15 to implement these amendments; providing for the phasing in of the application of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date — David Hall, Director of Inspection Services 11. Second Reading of an ordinance adopting regulations pertaining to the use, handling, transportation, and storage of liquefied petroleum gas; establishing that a violation shall constitute a misdemeanor offense with stated penalties; providng a savings clause; and repealing all ordinances in conflict — David Hall, Director of Inspection Services 12. Second Reading of an ordinance amending Section 8.04.055 of the Code of Ordinances pertaining to above -ground tanks to revise certain provisions relating to the storage, use, transportation, and handling of liquid hazardous materials; providing a savings clause; and repealing all ordinances in conflict — David Hall, Director of Inspection Services First Readinas 1. First Reading of an ordinance providing for the annexation into the City of 5.24 acres in Joseph P. Pulsipher and Clement Stubblefield Survey, located approximately .75 miles west of IH 35 and north of State Highway 29 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development 2. First Reading of on an ordinance providing for the annexation into the City of 5.04 acres in Joseph P. Pulsipher Survey, located approximately 1.1 miles west of IH 35 and north of State Highway 29 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development 3. First Reading of an ordinance to consider a Comprehensive Plan Amendment to amend the Intensity Level from Level 3 to Level 4 for 12.20 acres in the William Roberts Survey to be known as Berry Creek, Section Five, Phase 1, Block A, Lot 13, located on SH -195 — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development 4. First Reading of an ordinance to consider a Comprehensive Plan Amendment to amend the Intensity Level from Level 1 to Level 3 for 16.63 acres in the John Sutherland, Daniel Monroe, and A. Williams Surveys to be known as Fountainwood Plaza, located on FM 2338 south of Jim Hogg Road — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development 5. First Reading of an ordinance ordering a Special Election to be held in conjunction with the General Election of May 7, 2005, to seek voter response to the adoption of a sales and use tax under Section 4A of the Development Corporation Act of 1979, to be used for the promotion and development of new and expanded business enterprises and reduction of the property tax rate, authorizing expenditure of such tax proceeds for purposes authorized by Section 4B of the Act for public park purposes and events, parks and park facilities, and open space improvements and for affordable housing; and contractiing with the Williamson County Elections Administrator to conduct said election — Farley Snell, Councilmember for District 6 JJ Consideration and possible action to approve a Resolution related to the administration of a corporation created under Section 4A of the Development Corporation Act of 1979 and the use of sales tax funds by the corporation — Farley Snell, Councilmember for District 6 KK Consideration and possible action to approve a resolution regarding the recommendation of the Georgetown City Council supporting Williamson County in opposing the establishment of a groundwater management district -- Jim Briggs, Assistant City Manager for Utility Operations LL Forwarded from Georgetown Utility System (GUS) Board Consideration and possible action to authorize the execution of an agreement with LCRA, BRA, Liberty Hill, and Chisholm Trail SLID regarding the provision of wastewater services and service territory boundaries -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations City Council Agenda/December 14, 2004 Page 5 of 5 Pages MM Consideration and possible action to approve the appointment of a Council Subcommiftee to review applications for the 2005 City of Georgetown Boards and Commissions and recommend members for Council consideration in January, 2005 -- Mayor Gary Nelon 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 , 2004, 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/December 14, 2004 Page 6 of 5 Pages Nelon explained this is being done in a timely manner in order to put this on the ballot in May. Kirby said he appreciates using the funds to help keep property taxes low, and asked to add transportation needs to the list of uses. Motion by Kirby, second by Smith to amend to add transportation as another 4B item on which to spend the funds. There was further discussion. Vote on the amendment: Approved 4-3 (Carr, Sensing and Oliver opposed) Carr asked, and Economic Development Director, Mark Thomas, distributed a handout and explained an Executive Summary of an Economic Impact Analysis of a Quarter -Cent Economic Development Sales Tax. There was discusion. Motion by Carr, second by Sansing to amend the proposal to take out the clause in Proposition 1 "to reduce the property tax rate." Sensing said he doesn't see the value in reducing the property tax by a point or so each year as opposed to using the money to "grow the economy" by enticing businesses to come to Georgetown to help expand the property tax base. There was further discussion. Cads clarified that, under Carr's amendment, the full quarter cent would go toward economic development. Eason spoke in favor of leaving 1/8 cent to lower the property tax rate. There were further comments. Vote on the amendment: Denied 5-2 (Eason, Smith, Kirby, Snell, and Oliver opposed) Vote on motion as amended by Kirby: Approved 7-0. Cads noted that the second reading will be brought back for consideration on February 8 as amended, and a date for the public hearing will be determined. 9:08 p.m. — Councilmember Sansing asked to be excused from the dais JJ Consideration and possible action to approve a Resolution related to the administration of a corporation created under Section 4A of the Development Corporation Act of 1979 and the use of sales tax funds by the corporation -- Farley Snell, Councilmember for District 6 Motion by Snell, second by Carr that if the propositions pass, the Council would create a 4A Corporation and the Board would have five members, three of which would be councilmembers. Oliver asked and Cads explained that this information could be put in the Order of the Election. Vote on the Motion: Approved 7-0. KK Consideration and possible action to approve a resolution regarding the recommendation of the Georgetown City Council supporting Williamson County in opposing the establishment of a groundwater management district -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the prescribed process for the establishment of a management district. He said the consumption of groundwater in Georgetown has continued to decline from about 70% to less than 40%, increasing the use of surface supplies. Briggs said the Edwards Aquifer is not a dependable supply of water during drought conditions. He said because of that, there is no need for a management district at this time. Nelon said he heard both presentations and all of the water purveyors in this County chose to oppose the management district. There were further questions and comments. Motion by Oliver, second by Kirby to approve the resolution. Approved 7-0. LL Forwarded from Georgetown Utility System (GUS) Board Consideration and possible action to authorize the execution of an agreement with LCRA, BRA, Liberty Hill, and Chisholm Trail SUD regarding the provision of wastewater services and service territory boundaries — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations This item was pulled from consideration. MM Consideration and possible action to approve the appointment of a Council Subcommittee to review applications for the 2005 City of Georgetown Boards and Commissions and recommend members for Council consideration in January, 2005 — Mayor Gary Nelon Mayor recommended that the Council Subcommittee be composed of Smith, Carr and Oliver along with himself. Motion by Snell, second by Eason to approve the appointments. Approved 7-0. Adjournment The meeting was adjourned at 09:25 PM. Approved : Attest: City Council Meeting Minutes/December 14, 2004 Page 10 of 11 Pages Council Meeting Date: December 16, 2004 Item No. L L,— AGENDA AGENDA ITEM COVER SHEET SUBJECT: Consideration and Possible Action to Authorize the execution of an agreement with LORA, BRA, Liberty Hill, and Chisholm Trail SUD regarding the provision of wastewater services and service territory boundaries. ITEM SUMMARY: The representatives of LORA, BRA, Liberty Hill and CTSUD have been meeting over the last several months to form an agreement for service area that would identify the service relationships between the various utilities. During the process of creating this agreement, it became evident that GUS needed to be included in this agreement for the purpose of identifying the service territory relationships around the intersection of Parmer Lane and SH29. Discussions have been held and a draft agreement formed as a result of those meetings. Attached you will find the final draft agreement related to these discussions. Summarizing the contents, this agreement basically calls for CTSUD to serve the areas West of Parmer at the retail level and contract for wholesale services to some other serving entity, including Georgetown. The areas East of Parmer would be primarily GUS service unless there were reasons to service the area by CTSUD. Either way the wholesale service to the area would be served by another entity not CTSUD. Due to the fact that this area is in the CTSUD water CCN there is greater consistency if they also have the wastewater retail service in some cases. The protection to Georgetown is that someone, other than CTSUD, will provide the wholesale services and that would also include GUS as a provider. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: NONE GUS BOARD RECOMMENDATION: GUS Board recommended approval 2004 meeting. Approved 7-0. of the agreement at their November 16, STAFF RECOMMENDATION: Staff recommends the approval of the Agreement Regarding Sewer Service Territory and Customers by and Between the LCRA, BRA, City of Georgetown, City of Liberty Hill, and CTSUD. COMMENTS: NONE ATTACHMENTS: CCN agreement Map of CCN area Submitted By: Jim Briggs, ACM Utility Operations AGREEMENT REGARDING WATER SERVICE TERRITORY AND CUSTOMERS BY AND BETWEEN LOWER COLORADO RIVER AUTHORITY, BRAZOS RIVER AUTHORITY, CITY OF GEORGETOWN, CITY OF LIBERTY HILL ME CHISHOLM TRAIL SPECIAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This Agreement Regarding Water Service Territory and Customers (this "Agreement") is entered into as of day of , 2004 (the "Effective Date'), by and between the Lower Colorado River Authority ("LCRA"), the Brazos River Authority ('Brazos'), the City of Georgetown, Texas ("Georgetown"), the City of Liberty Hill, Texas ("Liberty Hill"), and Chisholm Trail Special Utility District ("CTSUD"). LCRA, Brazos, Georgetown, Liberty Hill and CTSUD are hereinafter collectively referred to as the "Parties." RECITALS A. WHEREAS, Section 13.248 of the Texas Water Code authorizes retail public utilities to enter into contracts designating areas to be served and customers to be served by those retail public utilities; B. WHEREAS, Liberty Hill, LCRA and Brazos (collectively the "CCN Applicants") have jointly filed an application for a sewer certificate of convenience and necessity (the "Liberty Hill CCN') that, if approved, would authorize and obligate the holders thereof to provide retail sewer service to certain lands located within CTSUD's corporate boundaries and water CCN boundaries; C. WHEREAS, CTSUD has the authority to provide retail wastewater service pursuant to the laws of the State of Texas, including without limitation, Section 65.201 of the Texas Water Code, and CTSUD has protested the application for the Liberty Hill CCN; D. WHEREAS, in order to resolve the differences between the parties and to ensure the orderly development of regional wastewater treatment service, the Parties desire to enter into this Agreement in order to specify the areas to be served and customers to be served by the Parties, to dismiss CTSUD's protest of the Liberty Hill CCN application, and to set forth certain additional terms relating to the provision of regional wastewater service. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. SEWER SERVICE TERRITORY AND CUSTOMERS 1.1 CCN Applicants' Service Territory. The Parties agree that the CCN Applicants shall be the retail sewer service provider to that certain real property more particularly described in "Exhibit A" attached hereto (the "Liberty Hill CCN Territory"). The CCN Applicants represent and agree that the Liberty Hill CCN Territory is the same real property that is the subject of the 1 Liberty Hill Sewer CCN application pending at TCEQ (TCEQ Docket No. 2004-0455-UCR). The Parties further agree that the CCN Applicants shall be the retail service provider to all customers within the Liberty Hill CCN Territory, under the terms and conditions of this Agreement, and in accordance with the Liberty Hill Sewer CCN issued by TCEQ. 1.2 Georgetown ETJ Lands. The Parties agree that Georgetown shall be the retail sewer service provider to all lands located within its extraterritorial jurisdiction (the "Georgetown ETT'), as the Georgetown ETJ is defined as of the effective date of this Agreement, and that Georgetown shall be the retail service provider to all customers within such Georgetown ETJ. 1.3 CTSUD CCN Service Territory. The Parties agree that CTSUD shall be the retail sewer service provider to that certain real property more particularly described in "Exhibit B" attached hereto (the "CTSUD Sewer CCN Territory"), and that CTSUD shall be the retail service provider to all customers within the CTSUD Sewer CCN Territory, under the terms and conditions of this Agreement. It is agreed by all parties that the CTSUD Sewer CCN Territory shall include the lands located within Williamson County MUD No. 12, Williamson County MUD No. 17, and Williamson County MUD No. 18. 1.3 East Parmer Lane Lands. The Parties agree that either Georgetown or CTSUD may provide retail sewer service to any lands located east of the proposed extension of Pahner Lane but outside of the Georgetown ETJ save and except the lands located within Williamson County MUD No. 12, Williamson County MUD No. 17, and Williamson County MUD No. 18 (collectively, the `Bast Parmer Lane Lands"), which shall be served by CTSUD. 1.4 Retail Sewer Service. For purposes of this Agreement, all references to "retail sewer service" or "retail service" shall have the meaning set forth in Section 13.002(20) of the Texas Water Code. !1! CCN APPLICATION MATTERS 2.1 Withdrawal of Protest. Upon execution of this Agreement by all Parties, CTSUD agrees to promptly file correspondence with the Chief Clerk of TCEQ and the State Office of Administrative Hearings withdrawing its protest of the application for the Liberty Hill CCN (TCEQ Docket No. 2004-0455-UCR; SOAH Docket No. 582-04-6308). 2.2 Amendment of Pending CCN Application. The CCN Applicants agree that they individually and collectively shall not file, or allow to be filed, any amendment to the Liberty Hill CCN application prior to its approval by TCEQ without the prior written consent of all other Parties. 2.3 Amendment of CTSUD CCN Application. CTSUD agrees that it shall not file any amendment to its application for the CTSUD Sewer CCN Territory prior to its approval by TCEQ without the prior written consent of all other Parties. 2.4 CTSUD Sewer CCN Territory. The CCN Applicants and Georgetown agree that they individually and collectively shall not file any protests, or otherwise oppose, or support any opposition, or cause to be opposed, a sewer CCN application filed by CTSUD provided the application is limited to the CTSUD Sewer CCN Territory. 2.5 East Parmer Lane Lands. CTSUD agrees that it shall not include the East Parmer Lane Lands in its initial sewer CCN application for the CTSUD Sewer CCN Territory, provided all parties remain in good standing under this Agreement. In the event that CTSUD subsequently files a sewer CCN application that includes the East Panner Lane Lands, then the other Parties shall be free to protest said application. 2.6 CTSUD Water Service Lands. (a) Except as otherwise provided in this Agreement, LCRA and BRA agree that for so long as any wholesale wastewater service contract between either or both of them and CTSUD remains in effect, and Liberty Hill agrees that for a period of five (5) years after the effective date of this Agreement, each such entity shall neither individually nor collectively engage in any of the following activities within CTSUD's water CCN territory without CTSUD's prior written consent, unless CTSUD is first given an adequate opportunity to provide retail sewer service to the subject lands and declines or refuses to do so: (i) file a sewer CCN application for certification of any such lands, provide retail sewer service to any such lands; (iii) provide wholesale sewer service to another retail public utility (other than CTSUD) that would provide retail sewer service to any such lands; or (iv) provide a wholesale or retail sewer service commitment to, or otherwise assist, any retail public utility, in obtaining the right, authorization or ability to provide retail sewer service. (b) Notwithstanding Section 2.6(a) above, CTSUD acknowledges and agrees that in the event any retail public utility secures a CCN for retail sewer service within CTSUD's retail water service territory despite CTSUD's opposition thereto and through no support or assistance of the Parties, then the LCRA or BRA may provide wholesale service to such retail public utility. (c) CTSUD agrees that for so long as any wholesale wastewater service contract between either LCRA, BRA, or both of them and CTSUD remains in effect, it shall not file an application for a waste discharge permit for a new wastewater treatment plant in its water CCN territory unless it first provides LCRA, BRA or Georgetown an opportunity to construct and operate a regional wastewater treatment plant for wholesale wastewater service to CTSUD, or otherwise extend wholesale wastewater service to CTSUD, on an economically feasible basis for development of the subject lands. (d) The Parties agree to cooperate in good faith in all respects for purposes of making retail sewer service available to lands in CTSUD's water CCN territory. In that regard, the Parties agree to negotiate in good faith for purposes of having LCRA, BRA or 3 Georgetown own and operate wastewater treatment and disposal facilities that would provide wholesale service to CTSUD, which in tum would provide retail wastewater service to the subject lands. 2.7 Other Lands. Except as specifically set forth herein, each of the Parties shall be free to file any sewer CCN application or provide retail sewer service as they may determine appropriate in the exercise of its sole discretion. TCEQ APPROVAL 3.1 Application for Approval. CTSUD agrees to prepare, file and prosecute at its sole expense all applications required for TCEQ approval of this Agreement. 3.2 Notice and Hearing. CTSUD shall publish and otherwise provide at its expense all required notices for TCEQ consideration and approval of this Agreement, and shall participate in all hearings required to obtain TCEQ approval of this Agreement. 3.3 Assistance. The Parties agree to not oppose any and all efforts by CTSUD related to securing TCEQ approval of this Agreement, and further agree to not support, cause, or assist any person or entities that may protest CTSUD's application for approval of this Agreement. rv. WHOLESALE SEWER SERVICE AGREEMENTS 4.1 Good Faith. The Parties recognize and agree that the provision and terms of wholesale sewer service to CTSUD will differ depending on the wholesale service provider, location of lands, proximity of regional facilities, and other circumstances. As a result, the Parties agree to negotiate in good faith the terms of wholesale sewer service. V. MISCELLANEOUS 5.1 Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and, will constitute one and the same instrument. 5.2 Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. 5.3 Successors and Assigns. The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Parties, which consent will not be unreasonably withheld. All of the respective covenants, undertakings, and obligations of each of the Parties will bind that Party and will apply to and bind any successors or assigns of that Party. 5.4 Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. 5.5 Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the application of any term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected. 5.6 Waiver. Any waiver by any Party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. 5.7 Amendments. This Agreement may be amended or modified only by written agreement duly authorized by all Parties. 5.8 Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.9 Venue. All obligations of the Parties are performable in Williamson County, Texas and venue for any action arising hereunder will be in Williamson County. 5.10 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 5.11 Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. 5.12 Entire Agreement. This Agreement, including the attached exhibits, contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties with respect to such matters, including any agreements between CTSUD and Georgetown to the extent they relate to the provision of retail wastewater service by either entity. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and attested in duplicate by their duly authorized officers, as of the date first set forth above. CTSUD: Chisholm Trail Special Utility District By: Name: Ed Pastor Title: President Secretary LCRA: Lower Colorado River Authority By: Name: Title: Brazos: Brazos River Authority Title: EXHIBITS 3343654v8 SAI. Council meeting date: December 13. 2004 �NM>D item No.: EXECUTIVE SESSION AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action regarding the disposition of certain city -owned real property. ITEM SUMMARY: The City owns three (3) tracts of land that may no longer serve a public purpose and are, therefore, being proposed for disposition. The subject parcels are described below and by diagram attached hereto. Staff is seeking Council's direction on the proposed disposition of the these parcels of land. The first two tracts described below as the "Logan Ranch Lots" were acquired in connection with a past CIP project. Staff recommends that Council authorize the disposition of these tracts by solicitation of sealed bids. An outline of the sealed bid process is attached. Logan Ranch Lots: (1) Lot 1, Amended Plat of Lot 30A of Resubdivision of Lot 30, Logan Ranch Section 1, Cabinet Y, Slides 255-256, Plat Records, Williamson County, Texas (WCAD value as of 11/30/04 $62,027) NOTE: An environmental assessment of an existing cave on the above-described lot is in process. Any action regarding this tract should be taken, subject to the outcome of such assessment. (2) Lot 1, Amended Plat of Pepper Subdivision, a Resubdivision of Lot 29, Logan Ranch Section 1, Cabinet Y, Slide 257-258, Plat Records, Williamson County, Texas (WCAD value as of 11/30/04 $75,000) The third parcel is a small remainder tract resulting from the 1998 realignment of FM 1460/Leander Road extension. See the attached request dated September 30, 2004 from Ercel Brashear of Brashear Properties concerning the City's interest in selling the property to the adjacent owner, John Y. Tarlton, P.C. Mr. Brashear indicates that his client is willing to consider allowing the City to reserve an easement for purposes of installing signage within the easement. (3) Approximately 0.047 acres (2,047 square feet) described as Lot 1(pt), Block 2, Highland Park Addition (WCAD value as of 9/30/04 $76,013) ATTACHMENTS: Property diagrams and WCAD value information Memo from City Attorney summarizing sealed bid process for sale of city -owned real property Submitted By: Jim �rykgs, Assistant Coypanager f�r Utility Operations \ tib \\ pyo \ CITY OF GEORGETOWN, \ TEXAS / \ 1.910 ACRES / sp \ DOC.. NO. 9642359/ Lol 30-6 o '�} � POB M � EXISTING WELL LOT 29-A L, o.PEPPER �.3SUBDIVISION A RESUBDNISION OF LOT 29 LOGAN RANCH \ .i c� N67 -►pv' SECTION I ¢ I r J % CAB. M. SL. 63 C to z ;� LOT 1 SHELLRIDGE SUBDMSION `/EASEUENR CAB. L, SL. 157 f. ]W + LUT 30—A Q R =� j \ + ` _ _ I N Y \ t0' PUC GFA GB, J. SL. 303 FI+ STEPHEN PEPPER +�y$ LOT II O I MARY PEPPER 0.080 ACRES DOC. NO. 9642351 -A LOT 73 LOT 31-B- LOGAN RANCH s 'i SGA LOGAN RANCH SECTION I SECTION RESUBDIVISION ��> CAB. E, Sl. 7-12 LOT 31 �s \ CAB. 1, SL. 40 \ Al /6 LOT 72 RADIUS BEARING I DISTANCE 324.25' 557 32 19 W 201.71' 236.13' 56'48'58 E t2a.Bt' 223.00' N3.48 38'W 1 94.90' NOTES: 1) NO STRUCTURE OR LAND ON THIS P WITHOUT FIRST SUBMITTING A CERTI. WILLJAMSON COUNTY FLOOD PLAIN / 1) THIS TRACT IS LOCATED WITHIN THE A WATER POLLUTION ABATEMENT PL 3) LOT I WILL BE SERVED BY AN INDIA 4) LOT I WILL BE SERVED BY AN INDIA 5) IN ORCER TO PROMOTE DRA.r;A; E A BUILT AT LEAST ONE (1) FOOT A80 GRADED AWAY FROM THE STRUCTUF LEAST TEN FEET. Account Details Pagel of 2 Property Desc I Owner I Jurisdiction I Value I Sales I Improvements I Land Pronertv Descrintinn Tax ID: Real Estate CITY OF GEORGETOWN P O BOX 409 GEORGETOWN, TX 78627-0409 R043057 CO(GWI) R-20-6200-0001-0010 Situs 11LOGAN RANCH RD Address JIGEORGETOWN, TX 78628 Legal: LOGAN RANCH, SEC 1 (RESUB LOT 30), LOT 30A (PT), ACRES 2.44 C•I►JfTT: Owner Address Percent Owned CITY OF GEORGETOWN P O BOX 409 GEORGETOWN, TX 78627-0409 100% Taxina Jurisdictions Entities Exemptions Williamson CADWilliamson . EXEMPT PROPERTY(EX) CO(GWI) • Wmsn CO FM/RD(RFM) • Georgetown ISD(SGT) Value Appraised Value Type Value Improvement (HS + NHS) ($0 +$0) $0 Land (HS + NHS) ($62,027 + $0) $62,027 Total Market $62,027 Sales No Sales Available. Improvements http://www.wcad.org/AcctDetail.aspx?ID=101454 11/30/2004 Account Details Page 2 of 2 Not Available. Land Type HomeSlte Size Frontage / Depth (it) Unit Price Market Value Vacant Land False ❑�� $75,000.00 o Vacant Land False acres. $lAcr Acreage ©Williamson County Appraisal District. All Rights Reserved. Web site designed by ATS, Inc. http://www.wcad.org/AcctDetail.aspx?ID=101454 11/30/2004 1 LOT 30-8 STEPHEN SHELL of (0 REM. 53.254 ACRES VOL. 2193. P& 145 .ti < < \ 3 \ \ l OF �p� 1 T 30 L 0" ►SWM SECTK)N Ii CA�� J. SLIDE 303-304 r LOT 30=A r t STEPHEN MAW P 0.08 DOC. 1*0: N std' LOT 29-A LOGAN RANCH SECTION f CAB. E, SL. 7-12 LOT 23 S Account Details Property Desc I Owner I Jurisdiction I Value I Sales I Improvements I Land Pronerty Deccrin*inn Tax ID: Real Estate CITY OF GEORGETOWN P O BOX 409 GEORGETOWN, TX 78627-0409 R351837 CO(GWI) R-20-8975-0000-00296 Situs SHELL SPUR Address GEORGETOWN, TX 78628 Legal: PEPPER SUB RESUB LT 29 LOGAN RANCH, LOT 29B (N/PT), 29A(NW/PT), ACRES .90 Owner Owner Address Percent Owned CITY OF GEORGETOWN P O BOX 409 GEORGETOWN, TX 78627-0409 100% Taxina ]uricdictinnc Entities Exemptions • Williamson CADWilliamson • EXEMPT PROPERTY(EX) CO(GWI) Not avail. • Wmsn CO FM/RD(RFM) WARRANTY DEED • Georgetown ISD(SGT) Value Appraised Value Type Value Improvement (HS + NHS) (Not avail. + Not avail.) Not avail. Land (HS + NHS) ($75,000 + Not avail.) $75,000 Total Market $75,000 Value Assessed Value: 11$75,000 Last Year's Assessed Value: 1$50,000 Salec Deed Date Deed Book Deed Page I Deed Type 8/6/1996 Not avail. Not avail. WARRANTY DEED Page 1 of 2 http://www.wcad.org/AcctDetail.aspx?ID=184023 11/30/2004 Acgount Details Page 2 of 2 Improvements Not Available. Land © Williamson County Appraisal District. All Rights Reserved. Web site designed by ATS, Inc. http://www.wead.org/AcctDetail.aspx?ID=184023 11/30/2004 Frontage Market type HomeSite Size Depth ft ; Unit Price Value Vacant Land False ❑�$75,OOo0.00 / $75,000 © Williamson County Appraisal District. All Rights Reserved. Web site designed by ATS, Inc. http://www.wead.org/AcctDetail.aspx?ID=184023 11/30/2004 YtSBRARPERTIESLJ September 30, 2004 Paul Brandenburg City Manager City of Georgetown P.O. Box 409 Georgetown, TX 78626 Re: City owned property Leander Road and Austin Ave. Dear Paul: t e-d� w n` Ym�t3 Several years ago the City of Georgetown acquired a lot located at the NE comer Leander Road and Austin Avenue in order to facilitate the re -alignment of FM 1460 tying it into Leander Road. Once the alignment was officially agreed to, the City conveyed to the State most, but not all, of the property the City acquired as part of the re -alignment process. From a review of the tax records, it appears that the City still retains title to a triangular shaped parcel containing about 2,000 square feet of land. I have been visiting with the adjacent property owners about marketing their tracts. The questions I have for you are: 1. Would the City of Georgetown be willing to sell this sliver of land? 2. If the City is willing to sell this parcel, what would the process be for accomplishing the sale?" Please let me know if the City is willing to pursue this matter further. Thanks you for your attention to this request. Sincerely; Ercel Brashear, CCIM Enclosures 2955 Dawn Drive, #8 Georgetown, TX 78628-2882 (512)930-5796 (512)863-6818 FAX SKETCH TO ACCOMPANY D FORA 0.256—gCRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIE p SURVEY, ABSTRACT N0. 558, IN WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING LOCATED WITHIN THE CITY LIMITS OF GEORGETOWN AND BEING A PORTION OF LOT 1, BLOCK 2, HIGHLAND PARK REVISED, A SUBDIVISION RECORDED IN CABINET A, SLIDE 369 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT BEING CONVEYED TO THE CITY OF GEORGETOWN BY INSTRUMENT RECORDED IN VOLUME 2272, PAGE 50 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. /SEE DETAIL 'A' ON PAGE 2\ P.Q.B. 597415.92 0 J eyary 14792 LT - U.S. 81 STA. ti 538413.24, AT 50.00' RT 4� }may O C� 53>"S by ' , C,, 9802 . `J *00 Qv Q, F asxZ?�,. N 88011'28" E 15 N23030'27'E 93.77' JOHN Y. TARLTON, P.C, TRACT \VOL. 1599 PG. 630 66._ (CALLED 1.008 AC.)i S35*�/ 23rd ST. � SCALE: 1"=50' aIY OF GEORGETOWN VOL. 2272, PG. 50 LOT I, BLOCK 2 HIGHLAND PARK, REVISED CABINET A. SLIDE 369 SEE DETAIL 'B' ON PAGE 2 ]s ss. 9)' . •� U3.84 60.00 L T ` y ry° 2 PEGGY W. PERKINS HIGHLAND PARK, REVISED LOT IA, BLK 2 0ti CAB.'A' SL -369 S 89.57'15" W 10 110W uNE (23RD ST.) (S0' R.O.W.) CAB.'A' SL.369 /53.28 R02 I 597.43.80 EXISTING Se9•s7Ys"w 1, v� 43.28 RT 46.61 RT R.O.W. LINE (23RD ST.) HIGHLAND PARK BLOCK I , REVISED y I I ?i CLEMENT STU13BLEFIELD SURVEY CAB.'A' SL.369 q ABSTRACT NO. 558 NOTE: CURVE REPORT AND LEGEND ON PAGE 2 OF 3. [LO F' NOTE: RECORD INFORMATION R* NOTE: ALL PLATS AND DEEDS MENTIONED HEREON AREOF 3 RECORDED IN THE COUNTY CLERK'S OFFICE OFWILLIAMSON COUNTY, TEXAS.i1 it /Wal(�l"V `C s Pre red By: M. Stephen Truesdale, R.P.L.S, #4933 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Tel. 512-244-9620 /)e5 . 70' /U/3 - 4- Ek/7�6�'t A, pAye 5 -of 7 Date 620-514-11 W.O.T 1-COGT.DWG DRAWN BY: SHAPER CSJ N0. 221 1 -m—n 1 1 599 + 00 NOO'02'45'W 50.00' 599-06.661 51.83 RT ia'v,,"� 3!31.x;.•{ PAGE 1 OF 3 FIA 1460 R.O.W. TO BE ACQUIRED FROM CITY OF GEORGETOWN. (COMMERCIAL TRACT) MA Baker-Alcklen & Associates, Inc. Consulting Engineers v n Cb C iiC4tYUq J' �h t V40741 23RD ST. 23RD ST. Iii7�()(1G K JACKSON r RO����36.,.,, 6119 5901G43 2 4838 AC Account Details Page 1 of 2 Property Desc I Owner I Jurisdiction I Value I Sales I Improvements I Land Pronerty nacrrintinn Tax ID: Commercial � R042697 409 r R-20-5400-0000-0011 Si 2206 AUSTIN AVE S Addretus ss GEORGETOWN, TX 78626 Legal: HIGHLAND PARK ADDITION, BLOCK 2, LOT 1(PT), ACRES .047 nurn,ar Owner Address Percent Owned TY OF GEORGETOWNOBOX • EXEMPT PROPERTY(EX) 409 r ORGETOWN, TX 78627-0409 Taxinn lnricrlirfinnc Entities Exemptions • (CAD) • EXEMPT PROPERTY(EX) • GEORGTOWN CITY(CGT) • WILLIAMSON CO(GWI) • WMSN CO FM/RD(RFM) • GEORGETWN ISD(SGT) VnIIIA Appraised Value Type Value Improvement (HS + NHS) ($71,919 + Not avaii.) $71,919 Land (HS + NHS) ($4,094 + Not avail.) $4,094 Total Market $76,01311 Assessed Value Assessed Value: $76,013 Last Year's Assessed Value: 11$76,013 Sales No Sales Available. http://www.wcad.org/AcctDetail.aspx?ID=101094 9/30/2004 Account Details Page 2 of 2 Imurnvementc ID Type Year Built Area (sgft) Appraised Value i� F1 - Real, Commercial CI�� sgft? $71,919 VFo-u0oa0t$4,094 Main Area 1978 1,780 sgft C� Open Porch 81 sgft l:= Metal � F4Fence ® Fence Metal Asphalt �� 1,000 sgft Land Type HomeSite Size Fronta (e Depthft) Unit Price Market Value [— Commercial False sgft? VFo-u0oa0t$4,094 © Williamson County Appraisal District. All Rights Reserved. Web site designed by ATS, Inc. http://www.wcad.org/AcctDetail.aspx?ID=101094 9/30/2004 BROWN & CAROLL A T T O R N E Y S A T L A W CONFIDENTIAL MEMORANDUM DATE: December 8, 2004 TO: Terri Calhoun, City of Georgetown FROM: Trish Carls, Brown & Carls, LLP SUBJECT: Sale of City Property Under Chapter 272 of the Local Government Code L INTRODUCTION The rules governing transfers of real property by municipalities differ depending on the purpose of the sale or the nature of the land. As a general rule, the governing body of a municipality must sell real property owned by it by (1) public auction; or (2) sealed bid. (LGC § 253.008). To sell real property by public auction, the municipality must follow the notice procedures set forth in LGC § 253.008(b). Those procedures require 20 days notice of the auction, published once a week for three consecutive weeks before the auction is held. Sales by auction are final. The notice and sealed bid procedures apply both to sales of land, and to exchanges of land. (LGC § 272.001(a).) To sell or exchange land by sealed bid, the municipality must follow the procedures set forth in LGC ch. 272. First, notice of the proposed sale or exchange must be published. The notice must be published twice, with the second notice published 14 days after the first notice. The city is not required to accept any of the sealed bids or to complete a sale or exchange. (LGC § 272.001(d).) This memo will summarize the steps required to proceed with the sale of land using the notice and sealed bid procedures of Chapter 272. 106 East 6" Street, Suite 550, Austin Texas 78701 • Phone 512-472-4845 Fax 512-472-8403 II. OUTLINE OF PROCESS A. Obtain appraisal from a state certified general real estate appraiser — The City should determine the fair market value of the property to be sold. The Local Government Code states that the fair market value of the property is conclusively determined by an appraisal obtained by the City. B. Council resolution — the City Council must authorize the staff to sell the subject properties using the notice and sealed bid process. C. Notice — 1. Notice of the public of the offer of land to the public for sale or exchange must be published in a newspaper of general circulation in either the county in which the land is located or, if there is no such newspaper, in an adjoining county. 2. The Notice must include: (i) A description of the land, including its location Procedure by which sealed bids to purchase the land or offers to exchange the land may be submitted. 3. The Notice must be published on two (2) separate dates. D. Time for sale - The time for sale may not be until after the 140' day after the date of the second publication. E. Acceptance of bids — Section 271.001(d) expressly states that the governing body is not required to accept any bid or to complete a sale or exchange. This statement should be included in the notice as a matter of good practice. In practice, bids below the appraisal value are usually rejected. 2 Council meeting date: December 13 2004 Item No.:_E EXECUTIVE SESSION C' AGENDA ITEM COVER SHEET CONnK 'LAL SUBJECT: Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265. ITEM SUMMARY: San Gabriel Storage Systems: On November 11, 2004, the City extended its second offer to Mr. Tom Pilgrim in the amount of $142,200.00, based on an October 15, 2004 appraisal by Chris P. Griesbach, MAI, ASA. This offer has not been accepted. On December 6, 2004, the landowner was served with notice of the December 17th special commissioners hearing. Later that day, Mr. Pilgrim requested a December 8, 2004 meeting with staff to discuss settlement of the transaction. At that meeting, Mr. Pilgrim indicated that his counter-offer to the City's second offer is $200,000.00. Staff is seeking Council's direction with respect to Mr. Pilgrim's counter-offer. Georgetown Farm Supply and prospective abandonment of portion of CR 265 West: On August 24, 2004, the Council directed staff to advise Mr. Trainer that the City would settle at $9.00/SF for the land taken, less whatever the appraised value of the surplus CR 265 right- of-way tract (the "swap tract"), if he was interested. The swap tract appraised at $83,670.00, or $10.25/SF. Please see the attached memo from Kent Sick indicating his recommendations concerning this transaction. Prospective abandonment of portion of surplus CR 265 West right-of-way to Bill Chapman: The following described tract is the remainder portion of CR 265 West adjacent to the Bill Chapman property (Lot 1, Bonnett Subdivision). Mr. Chapman has expressed interest in purchasing the right-of-way should the City decide to abandon it. No appraisal of this tract has been ordered. WCAD value of Chapman tract is $1.00/SF. City paid Chapman $5.50/SF for the SH 29 right-of-way. City paid $8.50/SF to Mr. Booth & Mr. Chapman for the portion of CR 265 West needed for its realignment (Parcel 15). Mr. Griesbach's recent appraisal of CR 265 right-of-way adjacent to the Trainer tract is $10.25/SF. Staff recommends offering this property to Mr. Chapman for the amount paid to Booth/Chapman for Parcel 15, $8.50/SF, or $83,679. 0.226 acres (9,844 square feet) of land situated in the Joseph P. Pulsifer Survey, A-498, Williamson County, Texas, being a portion of the surplus existing right-of-way of CR 265 West ATTACHMENTS: December 13, 2004 Memo from Kent Sick re Trainer acquisition Diagrams of CR 265 West right-of-way proposed for abandonment auornmea Operations LEGEND- - - - l-vUN FY ROAD NO. 265 • 1/2 " IRON ROD FOUND 1300634 TYPE II MONUMENT A CALCULATED POINT O I/2" CAPPED IRON ROD S 15027'34" E SET - STAMPED "C.O.G." R PROPERTY LINE ( ) RECORD INFORMATION P.O.B. POINT OF BEGINNING R.O.W RIGHT-OF-WAY P.O.R. POINT OF REFERENCE C.O.G. CITY OF GEORGETOWN O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS P.R.W.C.T. WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS T \ �\ O ®0.167 I` LOT I BONNETT SUBDIVISION \ CAB. O. SLD. 119-120 P.R.W.C.T. / pULSIFE\ SURVEY JOSEPH TRACT N0. e98 AgS NUMBER CI DELTA 1300634 RADIUS 347.00 ARC 79.40 CHORD75.22 S 15027'34" E CHORD BEARING S 08°5416 E NUMBER DIRECTION DISTANCE LI W-69-16'14' E 48.11' L2 S 20°39'20' E 3.91' L3 S 15027'34" E 115.55' L4 i'02-2059- E 66.75' (ROW VARIES) N -_ ' r f 5 \ \ J I 2 25 0 50 100 W \ O G 4\ \\ \\\ O o Op SCALE I" • 100' 1 ,a8no N \ \\ SEE DETAIL P p n90 �\ \ \"A" aN any I 0 o - c- Ao 1 10- I O N O "COG' N \ - \\ q pm o T \ �\ O ®0.167 N \ W Oo O _ ACRE 1 6 COG"% 'AA LOT 2 O 5i i BONNETT CDG" N 'N` 10 \SUBDIVISION i 0 p, CAB. O, SLD. 119-120 o o'O-A \ P.R.W.C.T I aSo0 P (P 9y0 I. COG" I f 6� C134 ,CEL 2 1 w i aN any I 0 o - c- Ao 1 10- I O N CD o O N O m 1 l NOTES: STATE HIGHWAY NO. 29 (ROW VARIES) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. THIS SURVEY WAS PERFORMED FOR RIGHT-OF-WAY PURPOSES. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER ECTION AND SUPERVISION VD THAT -THIS PLAT ISTRUEAND CORRECT T.0 THE B LEDGE AND BELIEF. M. STEPHEN TRUESDALE '' REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 206 W. MAIN ST. SUITE 107 ROUND ROCK, TX. 78664 PRISM 238-1200, FAX (51Z) 238-1251 WG RIGHT "CI' - ``ETCH COUNTY ROAD NO. 265 W WILLIAMSON COUNTY, TEXAS PAGE 3 OF 3 k;UUNTY ROAD NO 265 (ROW VARIES) N ` LEGEND- - - - LI --COG-- 1/2 COG"1/2 " IRON ROD FOUNDP08 \-4 1 : — W E OO TYPE II MONUMENT PARCEL 21 2 \D i CALCULATED POINT � S O 1/2" CAPPED IRON ROD o \ _j CONNELL 0 y SET -CAPPED "C.O.G." Q \ CEMETARY 0 25 0 50 100 e PROPERTY LINE N G N 1 ( ) RECORD INFORMATION \ 21 0226 °o c �.I P.O.B. POINT OF BEGINNING ACRE 0 o.wp SCALE I" = 100' R.O.W RIGHT-OF-WAY N \\ P v o P.O.R. POINT OF REFERENCE a 0 C.O.G. CITY OF GEORGETOWN Go \ 0- Aov% O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS \ "COG"Q 0 -45 WILLIAMSON COUNTY, TEXAS C N P P.R.W.C.T. PLAT RECORDS 'COG" 1 Z o a WILLIAMSON COUNTY, TEXAS m _A \ 111 \` c \ \ LOT I Q BONNETT SUBDIVISION 1 CAB. 0, SLD. 119-120 \ <^\ ( II N P.R.W.C.T. SURVEY N ) 1 111 0 ULSIFER j LOT 2\ 1 Z Z JOS Lo EAgSTRACT N0. `q\ BLAB. 0. SLD.T T D119I210N I 1 TA i o U P.R.W.C.T. 1 1 O aU, I I OOOP (p 710 I�COG" ; ma� I ' j O N�Z5 \ I�I O - re 11 U) I O A \ I I NC 1 O_ N I o O j � 11 N— I J \ 10 c I NUMBER DIRECTION DISTANCE LI N 87°32'35' E 51.11' L2 S 20039'20' E 195.80' L3 S 69°16'14' W 48.11' NOTES: STATE HIGHWAY NO. 29 (ROW VARIES) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. THIS SURVEY WAS PERFORMED FOR RIGHT-OF-WAY PURPOSES. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GRO0M.STEPRENTRMSNompa AND SUPERVISIONIq AND THAT THIS PLAT IS TRUE AND CORRECT TO DGE AND BELIEF. �y�/I* / (A/ (/ /M. STEPHEN RUFSnnI F :GISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LENSED STATE LAND SURVEYOR INLAND CIVIL" UASSOCIATES PROFESSIONAL LAND SURVEYORS .E COG-CR265W-REVERSION-P21.DWG RIGHT OFFS SKETCH COUNTY ROAD NO. 265 W WILLIAMSON COUNTY, TEXAS PAGE 3 OF 3 �3z, a m * * * * * CONFIDENTIAL ATTORNEY-CLIENT I V TO: Georgetown City Council Trish Cazls, City Attorney FROM: Kent A. Sick DATE: December 9, 2004 RE: Acquisition of Doug Trainer tract/swap pro. The purpose of this memo is to seek Council direction for dealing with Mr. Trainer for needed ROW in light of the City's recent appraisal of the "swap" tract, a parcel of abutting CR 265 ROW proposed for abandonment to Mr. Trainer, if he is interested in purchasing it. In review, you may recall the City is acquiring a total of 10,629 SF in fee simple from Mr. Trainer's Georgetown Farm Supply ("GFS") tract, along with a public utility easement of 4443 SF. The City's only appraisal of the tract to date, and the basis of the City's offer to Mr. Trainer, is from Jimmy Vick in the amount of $118,478. Vick's original conclusion of land value was $7.50/SF. Mr. Trainer's counterproposal to the City was $167,500 plus title to a "swap" tract of soon-to-be abandoned CR 265 ROW that totals 8,189 SF plus a significant number of other non-cash considerations. Council's direction from its August 24, 2004 Executive Session was to have the swap tract appraised (provided Trainer exhibited any interest in the settlement concept) and to offer to settle the matter with Trainer based on $9.00/SF less the appraised value of the swap tract. Trainer did exhibit interest after meeting with City staff and me on 1 August 24s' and the swap tract has now been surveyed and appraised by Chris Griesbach, a local, well -experienced condemnation appraiser. Griesbach appraised the swap tract as if its highest and best use was to be assembled with Trainer's property, and concluded to a value of $10.25/SF, or a total of $83,670. Although the Council's direction had been to resolve the matter if possible with Trainer based on a $9/SF valuation less the value of the swap tract, it is unlikely that Trainer would agree to "pay" the City $10.25 for the swap tract and only receive $9.00/SF in return. Also, Trainer has pointed out that even swapping land for equivalent PSF values, whatever they may be, does not leave him whole since he will be left with costs to cure certain items created by the taking. The situation has changed somewhat due to the swap tract appraisal conclusions. In light of Griesbach's conclusions, City staff s conversations with Trainer, and other factors, I have prepared the following analysis of a potential settlement -only offer to Trainer that makes use of the abandoned ROW: Fee Simple taking (10,629 SF * $10.25) Public utility easement (4443 SF * 10.25 * 80%) Depreciated value of sign (Vick appraisal) Costs to cure Removal of severed detention pond (Trainer estimate) Run lines to hook up to sanitary sewer (Trainer estimate) Sewer tap fees Reconfigure driveways due to taking (Trainer estimate) Subtotal settlement compensation items 1106XI Value of 8189 SF swap tract @ $10.25 $108,947 36,433 8,900 6,750 6,500 2,500 12,500 $182,530 83,670 Total potential monetary compensation $98,860 2 As you may remember, the City has a Possession and Use Agreement ("PUA') with Mr. Trainer at the amount of his original offer of $118,478. Consequently, any such settlement like that described above would involve Mr. Trainer returning approximately $20,000 to the City. The City's alternative is to forego the concept of swapping the land with Trainer and proceed forward with suit and a Commissioner's Hearing. In that event, it would obviously make sense for the City to not provide Mr. Trainer with a copy of Griesbach's appraisal prior to the Commissioner's Hearing. In terms of recommendations, it seems most efficient for the City to make use of the swap tract in resolving this acquisition if possible since the value it represents would otherwise not be realized. Making an offer similar to that detailed above is my recommendation if the Council concludes it is reasonably likely such an offer would be accepted. I would recommend making the offer by telling Trainer it is a "one-time" offer only based on $10.25/SF and not providing him with the supporting appraisal. However, I have become aware that a number of market participants (including Simon Properties and some of the other major landowners along the corridor) have begun actively negotiating with some of the remaining landowners for purchase of their remaining properties. If this is true with Mr. Trainer, I am apprehensive he may no longer be interested in "swapping" and may just want to get as much money from the condemnation as he can and then turn around and sell his remainder at an inflated price. In that scenario, the course of action likely to result in the lowest expenditure is to proceed forward to a hearing using Mr. Vick's appraisal conclusions and testimony. While the City is certainly exposed to litigation risk that Special Commissioners may 3 conclude Trainer's land is worth more than $7.50/SF, that risk is much lower than if the Commissioners see an appraisal (or hear testimony from an appraiser) of value in the $10.25 range. Council Meeting Date: December 14, 2004 AGENDA ITEM COVER SHEET Item No. SUBJECT: Consideration and possible action to approve the purchase of Bioxide chemicals from U.S. Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $45,000.00. ITEM SUMMARY: In May 1998, Camp, Dresser and McKee, Inc performed a wastewater odor control study. This study was performed as a result of Hydrogen Sulfide (H2S) odor complaints in certain areas of the City. The study evaluated different methods to mitigate the H2S problem with a recommendation being made to use Bioxide, a product patented by U.S. Filter. Since July 1999, the City has successfully used Bioxide to control odor problems. SPECIAL CONSIDERATIONS: U.S. Filter is a sole source provider of Bioxide. The U.S. Filter/Davis Process Products is the only location that bids will be received and processed for Bioxide. FINANCIAL IMPACT: : Funds in the amount of $45,000.00 are currently available and will be paid from the water Operations and Maintenance budget. GUS BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends purchase of Bioxide from US Filter/Davis Process in the amount of $45,000. ATTACHMENTS: Letter from U.S. Filter/Davis Process Products tted By: Jim Briggs, Assistant City Manager, Utility Operations Glenn Dishong Water Services Uti,. 1. LUU4 i : i i rM A Siemens Business December 7, 2004 City of (ieorgetown, TX DAVIS PROCESS 1650 TALLEVAST ROAD SARASOTA, FL 34143 Fax: 512-930-3559 W. ))1) I. 1 TELEPHONE 941355-2971 FACSIMILE 941-351-4756 WE85RE w ,Usfihei.sum Attention: Ken Taylor Subject: USF51ter's Davis Process is the sole source provider of BIOXIDEO. Mr. Taylor: USFiltees Davis Process has valued your business over the years and we look forward to working with you in the future. The purchase of BIOXIDE° from USFilter Davis Process constitutes an implied license to practice the process of "Removal of dissolved hydrogen sulfide and reduction of sewage BOD in sewers and other waste systems", as described in United States Patent Re. #36,651 and Re. #37,181 in the manner contemplated by this agreement. 1f you have any questions, please call me at 1-800-345-3982. Sincerely, U TER Doug yr Sales an r cc: Cedar Park Service Center K3cM�mrgemmTX1BioxidS*Sa 2W4 Agenda Item Check List rr' Financial Impact Agenda Item: Agenda Item Subject: Is this a Capital Improvement Project: Council Date: Purchase of Bioxide Purchase of Bioxide Yes • No 12/16/2004 link to Agenda database => 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 Amount Going to Council 650 -110 -5303 -OC $ 45,000.00 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 • No budget? If so, please explain. Does this project have future revenue Yes * No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, N/A 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: 12/02/2004 Agenda Item Checklist: Approved on 12/0312004 Approvers Title Assigned Notified Received Status Changed Status Jim Briggs Assistant City 12/02/2004 12/02/2004 12/03/2004 12/03/2004 Approved Jose Lara Manager 12/03/2004 12/03/2004 12/03/2004 12/03/2004 Approved Utility Financial Analyst Approval Cycle Settings ,, I1 u 0 Council Meeting Date: December 14, 2004 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to assign the agreement for offsite utility construction cost sharing between the City and Cottonwood Creek Development, LLC to TP462, Ltd. ITEM SUb DIARY: Cottonwood Creek Development, LLC is the developer for Pinnacle Georgetown. The development is 468 -unit subdivision that received preliminary plat approval on August 28, 2003. The City Council approved an Offsite Utility Construction Cost Sharing Contract between the City and Cottonwood Creek in its July 13, 2004 meeting that provided for the developer to build off-site water and wastewater infrastructure with cost participation by the City in the amount of $463,440.00. Cottonwood Creek Development, LLC has sold the development to TP462, Ltd and has requested approval for the assignment of the contract in accordance with the assignment clause in the agreement. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: NONE GUS BOARD RECOMMENDATION: N/A STAFF RECONNENDATION: Staff recommends approving the assignment of the Offsite Utility Construction Cost Sharing Contract from Cottonwood Creek Development, LLC to TP462, Ltd. COMMENTS: NONE ATTACHMENTS: 1) Cottonwood Creek Development Letter requesting assignment. 2) Offsite Utility Construction Cost Sharing Contract. 3) Letter releasing Cottonwood Creek Development from agreement. Submitted By: Jim Briggs, Glenn Dishong, Assistant City Manager Water Services Manager for Utilities Cottonwood Creek Development, LLC 9Wi�uuiiilIkko.tti624011100tatll,,Suit a 20d, Austin, 1exaas,78734Phone: 512.402.0550X201 November 29, 2004 Mr. Glenn Dishong Water Services Manager City of Georgetown 300 Industrial Avenue Georgetown, Texas 78626 RE: Contract between Cottonwood Creek Development and the City of Georgetown Dear Mr. Dishong, Enclosed are executed documents pertaining to the above referenced contract. As you are aware this property has recently been sold to TP462 Ltd, who will be developing the Pinnacle and will be responsible for all off-site utility construction. Cottonwood Creek Development wishes to assign this agreement to TP462, Ltd. and respectfully requests the City of Georgetown and the City Council to approve this action at its December 14, 2004 meeting. Glenn, I want to thank for all of your involvement and support to expand city services to this area It is a pleasure to work with you in these endeavors. Please contact me @512.402.0550 Ext.201 for any discussions or questions regarding this matter. Very Tnily Yo Bob Felton President STATE OF TEXAS § OFFSITE UTILITY CONSTRUCTION § COST SHARING AGREEMENT COUNTY OF WILLIAMSON § FOR PINNACLE AT GEORGETOWN 1. The parties to this Offsite Utility Construction Cost Sharing Agreement for Pinnacle at Georgetown (the "Agreement") are the CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation (the "City"); and Cottonwood Creek Development, LLC, a Texas Limited Liability Corporation ("Developer"). Recitals 2. WHEREAS, the Developer is the owner of the property consisting of approximately 100 acres (+/-) for which the City Council approved a Preliminary Plat for the project to be known as The Pinnacle at Georgetown (the "Property") on August 28, 2004, a copy of which preliminary plat is attached hereto as Exhibit "C"; and 3. WHEREAS, the City's Unified Development Code ("Code") requires that the Developer extend water and wastewater lines that satisfy the current Water and Wastewater Master Plan and the needs for the Property at Developer's expense; and 4. WHEREAS, Section 13.09.030(C )(1) of the Code also provides that: "The City may, at its sole discretion, participate with the sub -divider in the cost of oversized facilities based upon, but not limited to the following factors: (1) the approved utility budget for the current year, (2) the ability of the specific utility to fund any future costs, (3) the degree to which the project conforms to and accomplishes the utility 5 -year CIP priorities (4) the degree to which the project accomplishes the utility Master Plan, and (5) the impact to system operations. Participation shall be by way of capital contribution through a cost participation contract, approved by resolution of the City Council, concurrent with preliminary plat approval;" and 5. WHEREAS, Section 13.09.030(C) of the Unified Development Code further states: "When the sub -divider constructs line extensions included in the current five-year Capital Improvement Plan (CH'), the approved cost participation contract shall provide for the payment to be scheduled during the same fiscal year as the CIP project that would have accomplished the line extension, and after the date of the issuance of the Certificate of Acceptance by GUS;" and 6. WHEREAS, Section 13..09.030(D) of the Code also states, "When the subdivider constructs line extensions included in the ten-year Impact Fee CIP, the subdivider may be eligible for an Impact Fee Credit on the fee assessment for each lot in the planned development. Impact Fee Credit shall be calculate based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation;" and Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 1 of 15 7. WHEREAS, the City's current Water Master Plan requires the installation of a 16" water line from IH -35 to the Maple Street Extension via the Inner Loop; at least a 10" line is necessary to serve the Property; and 8. WHEREAS, the City's current Capital Improvement Plan provides for the installation of the 16" water line paralleling Inner Loop (East Loop) over a several year period beginning in City Fiscal Year 2005/2006 at a budgeted amount of $300,000 per year for 10 years; and 9. WHEREAS, the City desires to increase the size of the water line from IH -35 to the Maple Street Extension via the Inner Loop from 16" to 18" to meet the requirements of the new Water Master Plan to be completed in August 2004, and 10. WHEREAS, the City's current Wastewater Master Plan provides for the construction of a 18" wastewater line from Southwestern Blvd to the Maple Street Extension via Smith Branch, and a 12" wastewater line from Smith Branch to the Property via the Maple Street Extension,; at least 8" wastewater lines in these areas are required to serve the Property; and 11. WHEREAS, the City's current Capital Improvement Plan provides for the installation of the wastewater lines from Southwestern Blvd to Inner Loop in City Fiscal Year 2006/2007 at a budgeted amount of $364,000;and 12. WHEREAS, the City desires to increase the size of the wastewater line from Smith Branch to Inner Loop via Maple Street Extension beyond the size required in the wastewater master plan from 12" to 15" to accommodate flows from other potential development, and 13. WHEREAS, the City desires to increase the size of the wastewater line from Southwestern Blvd to Maples Street via Smith Branch beyond the size required in the wastewater master plan from 18" to 24" to accommodate flows from other potential development, and 14. WHEREAS, Developer has agreed to construct the Offsite Water and Wastewater Improvements described on the attached Exhibit "A" to service the needs of the development on the Property as well as the surrounding area and to finance the design and construction of such improvements in accordance with this Agreement; and 15. WHEREAS, in order to obtain approval for City water and wastewater utility service to the Property, Developer has requested the approval of water and wastewater utility service extensions necessary to connect the Property to existing City water and wastewater utility facilities with reimbursement for the water and wastewater lines included in the City's 5 -year CIP, included in the Impact Fee calculation, or larger than that required by the water or wastewater master plan; and Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 2 of 15 16. WHEREAS, after considering the factors set forth in Section 13.09 of the Code, the City Council finds and determines that it is appropriate to enter to reimburse Developer for utility line oversizing in accordance with the terms of this Agreement; and 17. WHEREAS, the City and Developer are entering into this Agreement to more particularly set forth the rights and obligations of the City and Developer with respect to the design, construction, and payment for the offsite water and wastewater lines; and 18. This Agreement is necessary to protect the health, safety, and general welfare of the community and to limit the harmful effects of substandard subdivisions; to facilitate Developer's construction of the offsite water and wastewater facilities; and to protect the City from bearing any unnecessary expense of constructing or completing subdivision improvements; and 19. This Agreement is authorized by and consistent with state law and the City's other ordinances, regulations, and other requirements governing development of subdivisions and provision of utility services to customers of Georgetown Utility Systems. NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and the mutual covenants, promises, and obligations by the parties set forth in this Agreement, the parties agree as follows: Design and Construction of the Offsite Water and Wastewater Improvements 20. The water and wastewater improvements necessary to extend City water and wastewater services to the Property and surrounding areas for which the City has agreed to make reimbursement in accordance with the terms of this Agreement consist of the improvements listed on the attached Exhibit "A", which is incorporated herein by reference and made a part hereof for all purposes. The improvements listed on Exhibit "A" are referred to collectively herein as the "Offsite Water and Wastewater Improvements." 21. Developer agrees to arrange for a professional engineer registered in the State of Texas to prepare design drawings and bid documents for the construction and installation of the Offsite Water and Wastewater Improvements. 22. Except as otherwise provided herein or agreed upon by the City and Developer, the Offsite Water and Wastewater Improvements shall be designed in conformance with the City's design criteria, construction standards, and specifications for utility construction (including, without limitation, environmental protection requirements such as erosion controls and site restoration). Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 3 of 15 23. The City shall be authorized to review and approve the design drawings (which approval shall not be unreasonably conditioned, withheld or delayed). 24. Developer shall solicit and publish invitations for competitive bids and in conformance with the City's standard bidding and procurement procedures. 25. Developer shall bid the work out in a manner that allows the incremental cost of the oversized water and wastewater lines to be clearly ascertained inasmuch as the City's reimbursement obligations will extend only to the incremental cost increase attributable solely to the increased size of the water and wastewater lines shown on Exhibit "B. " 26. Developer shall enter into a contract for the construction of the Offsite Water and Wastewater Improvements in accordance with the terms and conditions of this Agreement and with the approved construction plans. 27. Developer shall exercise reasonable diligence to assure the substantial completion of the Offsite Water and Wastewater Improvements and acceptance of the improvement(s) by the City occurs on or before October 1, 2006 for the Water Improvements and on or before October 1, 2006 for the Wastewater Improvements. 28. Any change orders shall be jointly agreed to by the City and Developer. 29. The City shall have the right to inspect the construction of the Offsite Water and Wastewater Improvements, and, upon completion of the final stage of construction in accordance with all applicable City, state and federal standards, Developer may request that City finally accept the improvements. Fiscal Security 30. Developer shall post fiscal security in the form of an irrevocable Letter of Credit in the amount of 100% of the estimated cost for design and construction of the Offsite Water and Wastewater Improvements to secure the proper design and actual completion of the Offsite Water and Wastewater Improvements in accordance with the terms of this Agreement. Developer agrees to post such fiscal security within ten (10) days of the Effective Date of this Agreement. 31. If the construction of the Offsite Water and Wastewater Improvements proceeds in discrete phases (as defined in the approved Plans and Specifications and the construction contract), the fiscal security may be reduced by an amount equal to the cost of the completed work for each defined phase of construction, at the written request of the Developer (such requests to be made no more frequently than once every three (3) months) and if Developer is not then in Default under this Agreement or the letter of credit or other obligations relating to the project. Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 4 of 15 32. If at any time during the course of the work on the Offsite Water and Wastewater Improvements the cost estimate for the remaining work exceeds, or is expected to exceed, the amount of the Letter of Credit, the City shall so advise Developer in writing, and Developer shall remit, within thirty (30) days of the receipt of the notice, a new or replacement Letter of Credit for the required amount. Payment and Reimbursement of Actual Construction Costs; Impact Fee Credit 33. The City and the Developer have estimated the actual construction costs for the Offsite Water and Wastewater Improvements, (excluding items such as, but not limited to, the cost of engineering, design, easement acquisition, financing, interest, fiscal security, accounting, project management, inspections, permits, and legal services) to be $1,493,077. The parties acknowledge that the actual costs may be greater or less than $1,493,077, and further agree that such cost underages or overages shall be addressed as provided for herein. 34. Developer will pay all costs associated with the construction of the Offsite Water and Wastewater Improvements, subject to the reimbursement rights provided herein. 35. The City's reimbursement obligations will extend only to the incremental cost increase attributable solely to the increased size of the water and wastewater lines shown as the "Eligible Differential Cost" on Exhibit `B" and subject to the terms of this Agreement. 36. The City shall not be obligated to pay any sums for "Contingency" shown on Exhibit "B" unless and until the Developer submits a Field Order describing the need for the expenditure of such contingency funds, and the City's Utility System Engineering Department issues its written approval of the actual expenses shown on the Field Order. 37. In the event the incremental costs of the oversized lines are greater than the estimated amounts shown as "Eligible Differential Cost" on Exhibit "B , " Developer agrees that it will be responsible for those additional costs. If the incremental cost of the oversized lines are less than the estimated amounts shown as `Eligible Differential Cost" on Exhibit "B," the City's reimbursement obligation to Developer will be limited to the actual incremental cost differential attributable to the oversizing. 38. If Developer allows work to commence on a change order before receiving City approval as required under Paragraph 28, any costs incurred on that change order that are not approved by the City are not eligible for reimbursement. 39. City and Developer agree that, as used herein, the term "incremental costs," shall include only the actual cost attributable to acquiring larger diameter lines and shall not include the costs of the minimum -sized lines or the size of the lines necessary to serve the Property, or engineering, design, financing, interest, project management, accounting, legal services, fiscal security, or other costs not associated with incremental cost increase Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 5 of 15 attributable to oversizing the Offsite Water and Wastewater Improvements. Nothing in this Agreement shall entitle Developer to be reimbursed for any other costs. 40. Subject to completion and final acceptance of the Offsite Water and Wastewater Improvements according to this Agreement, the City will reimburse Developer the incremental cost of the oversized portions of the Offsite Water and Wastewater Improvements; however, such cost share reimbursement will not exceed the amounts shown on Exhibit "B ". 41. Provided that the Developer has complied with the terms and conditions of this Agreement, and provided further that the City has accepted the Offsite Water and Wastewater Improvements, payments by the City will be made to Developer on November 30, 2005 and November 30, 2006, as set out in Exhibit `B" attached. City will not be obligated to pay interest on the cost reimbursement payments. Developer agrees to provide all information and documents reasonably required by the City for proper processing and for accurate accounting and documentation of actual project costs. 42. Within thirty (30) days of final acceptance by the City of the Offsite Water and Wastewater Improvements, Developer must submit a report to the City of the total costs of the project that includes the supporting information. 43. The obligations of the City under this Agreement to make payments in any fiscal year shall constitute a current expense for that fiscal year payable solely from the revenues of the Water Capital Fund or the Wastewater Capital Fund, as applicable, for that fiscal year. The obligation of the City to make payments does not constitute a general obligation or indebtedness of the City for which the City is obligated to levy or pledge any form of taxation. 44. Developer shall construct the 4000 feet of 12" wastewater collection line from Inner Loop to the Property via Maple at its sole cost and expense and Developer agrees that it shall not receive reimbursement from the City for any part of the design, construction or other costs associated with such line. However, in accordance with Section 13.09.030(D) of the Code, Developer shall receive an impact fee credit on the impact fee assessed against each lot on the Property serviced by said line. The amount of such impact fee credit shall be based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation, as set forth in the Code. Default and Termination 45. Developer shall be in default under this Agreement upon the occurrence of one or more of the following events (an "Event of Default"): a. Developer fails to commence or complete design or construction of the Offsite Water and Wastewater Improvements as provided herein; or Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 6 of 15 b. Developer fails to post the required fiscal security or to increase the amount of fiscal security when requested to do so by the City under this Agreement; or C. Developer transfers or conveys the Property or a portion of the Property through foreclosure or an assignment or conveyance in lieu of foreclosure. 46. Anything in Paragraph 45 to the contrary notwithstanding, it shall be an Event of Default in the event Developer does not cure a failure described in Paragraph 45 above within fifteen (15) days of receipt of written notice thereof from the City. 47. At any time following the occurrence of an Event of Default and Developer's continued failure to cure the same, the City may provide one or more notices to Developer stating that the City intends to perform none, some or all of Developer's outstanding obligations under this Agreement for construction of the Offsite Water and Wastewater Improvements. 48. If after notice and an opportunity to cure as provided for in Paragraph 46 of this Agreement, Developer does not commence work on the Offsite Water and Wastewater Improvements, or commences but does not complete such work as required by the terms of this Agreement, the Developer shall be in default of this Agreement and the City shall have the right, but not the obligation, to draw on the fiscal security posted by the Developer and complete some, none, or all of the Offsite Water and Wastewater Improvements. The City may draw on the Letter of Credit following an Event of Default to pay for the costs and expenses incurred by the City in the completion of Offsite Water and Wastewater Improvements or to correct defects in the Offsite Water and Wastewater Improvements. The City may perform such construction and repairs itself, or engage a third party to complete such construction and repairs on behalf of the City. 49. If the City elects to complete the Offsite Water and Wastewater Improvements, Developer agrees to provide all plans, designs, easements, and other documents related to the design and construction of the Offsite Water and Wastewater Improvements to the City within five (5) business days of the date that the City requests same. If the City elects to complete the Offsite Water and Wastewater Improvements as allowed by this Agreement, the City will have no obligation to provide water or wastewater service to the Property and Developer shall not be entitled to reimbursement for any costs or expenses incurred with regard to the Water and Wastewater Utility Improvements. 50. If Developer does not commence or complete construction of the Water or Wastewater Improvements as required by this Agreement, and if the City elects not to draw on the fiscal security in order to complete the Water or Wastewater Improvements, the City will have the right, in its sole discretion, to terminate this Agreement 51. If the City elects to terminate this Agreement for any reason, or if this Agreement expires on its own terms before completion or acceptance of any portion of the Offsite Water and Wastewater Improvements, the City will have no obligation to provide water or Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 7 of 15 wastewater service to the Property and Developer shall not be entitled to reimbursement for any costs or expenses incurred with regard to the Water and Wastewater Utility Improvements. 52. The measure of damages for breach of this Agreement by Developer is the reasonable cost of completing the Offsite Water and Wastewater Improvements in conformance with the City's requirements, procedures, and specifications set forth herein, including without limitation, any and all associated administrative expenses, less the City's share of the costs as set out herein. For work on the Offsite Water and Wastewater Improvements upon which construction has not begun, the estimated cost of the Offsite Water and Wastewater Improvements shown in the bid documents will be prima facie evidence of the minimum cost of completion; however, that amount does not establish the maximum amount of Developer's liability. Ownership of Facilities 53. From and after the time of final completion and acceptance of the Offsite Water and Wastewater Improvements by the City, the City shall own, operate and maintain the same. Developer agrees to execute and deliver to the City within 30 days after the time of final completion and acceptance of the Offsite Water and Wastewater Improvements such bills of sale, assignments, or other instruments of transfer as may be deemed reasonably necessary by the City. Developer will also deliver all warranties secured for construction of the Offsite Water and Wastewater Improvements. Upon execution and delivery of such instruments, Developer will have no further obligations or responsibility for the Offsite Water and Wastewater Improvements. Within said thirty (30) day period, Developer shall also deliver to the City all bonds, warranties, guarantees, an other assurances of performance, record drawings, easements, project manuals, and all other documentation related to the Offsite Water and Wastewater Improvements. 54. Developer agrees that the City will not accept any Offsite Water or Wastewater Improvement burdened by any lien or any other encumbrance. Provision of Utility Service 55. The parties agree and acknowledge that from and after the time of final acceptance by the City of the Offsite Water and Wastewater Improvements, the City, as owner of them, will operate and maintain said improvements and will provide water and wastewater utility service to customers within the Property subject to the conditions stated in this Agreement and according to the City's policies and ordinances, as amended from time to time. Nothing in this Agreement will be construed to limit, restrict, modify, or abrogate the City's governmental authority or ordinances respecting the operation and maintenance of its water and wastewater systems nor its Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 8 of 15 duty to provide for the public health, safety, and welfare in the operation and maintenance of the same. 56. Upon final acceptance of the Offsite Water and Wastewater Improvements by the City, the City agrees that Developer may after that apply for water and wastewater service following applicable City policies and ordinances, provided, however, that: (a) This Agreement will not be construed to guarantee water or wastewater service to the Property; such service may be guaranteed only upon the City's approval of the Final Plat and the recording of same in the Final Plat records of Williamson County in accordance with the requirements of the Code; ; (b) This Agreement in no way obligates the City to approve service extension requests not conforming to the requirements of the City's policies and ordinances nor otherwise binds the governmental powers of the City with respect to the approval or denial of the same; (c) This Agreement does not exempt Developer, or its successors and assigns, from the requirements of any ordinance applicable to development within the acreage covered by the service extension requests; (d) This Agreement does not guarantee approval of the final plat of The Pinnacle at Georgetown or the approval of any other applications or permits related to the project; (e) This Agreement will not be construed to create or confer upon Developer, or its successors and assigns, any ownership rights in or monopoly regarding capacity in the Offsite Water and Wastewater Improvements, whether total or partial, after final acceptance of the project by the City; and (f) This Agreement will not be construed to create or confer upon Developer, or its successors or assigns, any manner of legal title to, equitable interest in or other claim of joint ownership with respect to property, whether real, personal or mixed comprising the Offsite Water and Wastewater Improvements, after final acceptance of the project by the City. (g) This Agreement will not be construed to guarantee any particular level of service to the Property. General Provisions 57. Other Infrastructure Improvements. Developer agrees that it shall construct all other infrastructure improvements required for the project and/or the Property at its sole Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7!7/2004 Page 9 of 15 expense and in conformance with the Code and all other applicable City standards and requirements. 58. Remedies. The remedies available under this Agreement and the laws of Texas are cumulative in nature. 59. Third Party Rights. No person or entity who or which is not a party to this Agreement shall have any right of action under this Agreement, nor shall any such person or entity other than the City (including without limitation a trustee in bankruptcy) have any interest in or claim to the funds described in Paragraph 17 of this Agreement. 60. By submitting plans or specifications for the City for review, the DEVELOPER PARTIES (as that term is defined below) each agree to waive all claims, fully release, indemnify, defend and hold harmless the City, and all of its officials, officers, agents, consultants, employees, attorneys, and invitees in both their public and private capacities (collectively, the "CITY PARTIES") from any and all liability, claims, lawsuits, demands or causes of action, including all expenses of litigation and/or settlement which may arise by injury to property or person occasioned by error, omission, intentional, or negligent act of the Developer, its officers, agents, engineers, consultants, employees or invitees (collectively, the "DEVELOPER PARTIES") arising out of or in connection with submission of drainage plans, construction plans, or any other plans or specifications submitted to the City. The DEVELOPER PARTIES further agree that they each will, at their own cost and at their own expense, defend and protect the CITY PARTIES from any and all such claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs and attorneys' fees for injury to or death of any person or for any damage to any property arising out of or in connection with the error, omission, intentional or negligent acts of any of the DEVELOPER PARTIES. Nothing in this provision shall waive the City's defenses or immunities under Section 101.001 et. seq. of the Texas City Practice & Remedies Code or any other applicable statutory or common law. Approval of the City Engineer or any other of the CITY PARTIES of any plans, designs or specifications submitted pursuant to the requirements of the Unified Development Code or any other provision of the City Code of Ordinances or technical manuals shall not constitute or be deemed to be a release of the responsibility and liability of any of the DEVELOPER PARTIES (as defined above) for the accuracy and competency of their designs or specifications. Such approval shall not be deemed to be an assumption of such responsibility or liability by the City for any defect in the design or specifications prepared by any of the DEVELOPER PARTIES. Approval by the City Engineer or any other of the CITY PARTIES signifies the City approval of only the general design concept of the improvements to be constructed or the drainage plan to be implemented. In this connection, the DEVELOPER PARTIES shall each indemnify and hold harmless the CITY PARTIES from any loss damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of any of the Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 10 of 15 DEVELOPER PARTIES designs and specifications to the extent prepared or caused to be prepared by any of the DEVELOPER PARTIES and incorporated into any improvements constructed in accordance therewith, or plans implemented thereby, and the DEVELOPER PARTIES shall defend at their own expense any suits or proceedings brought against any of the CITY PARTIES on account hereof, and to pay all expenses and satisfy all judgments which may be incurred by or rendered against them, collectively or individually, personally or in their official capacity in connection herewith. 61. In addition to the foregoing Release and Indemnity, in further consideration for the City's agreement to reimburse Developer in accordance with the terms of this Agreement and other promises herein, the receipt and sufficiency of which is hereby acknowledged, Developer agrees to fully and completely release and forever discharge the City, its employees attorneys and officers, in both their individual and official capacities, and its successors, agents, representatives, servants, and any other related or affiliated persons, natural or corporate, in privity with them from any and all possible claims, demands, actions, causes of action, costs, expenses, obligations, liabilities, suits, and damages of every kind and character whatsoever, now existing or that may arise hereafter, whether known or unknown, at law or equity, however, whenever, and by whomever caused, whether solely, jointly, or otherwise, including, without limitation, any and all causes of action directly or indirectly arising out of, resulting from, or attributable to the Offsite Water and Wastewater Improvements that the Developer is required to construct by the terms of the Code and this Agreement. 62. No Waiver. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. The failure at any time to enforce this Agreement or covenant by the City, Developer, or their respective heirs, successors or assigns, whether any violations thereof are known or not, shall not constitute a waiver or estoppels of the right to do so. 63. Attorney's Fees. Should any party be required to resort to litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. If the court awards relief to both the City and Developer, all parties will bear its own costs in their entirety. 64. Assignability. Except as otherwise provided herein, this Agreement is binding upon Developer, and the successors and assigns of Developer. Developer's obligations under this Agreement may not be assigned without the express written approval of the City. An assignment shall not be construed as releasing Developer from Developer's obligations under this Agreement, and Developer's obligations hereunder shall continue notwithstanding any assignment approved pursuant to this Paragraph, unless and until Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 11 of 15 the City executes and delivers to Developer a written release of Developer from the obligations imposed by this Agreement. 65. Notice. Any notice required or permitted by this Agreement is effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to Developer: Mr. Robert W. Felton Cottonwood Creek Development, LLC 900 RR 11620 South, Suite C-208 Austin, Texas 78734 If to City: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 66. Change of Address for Notice. The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A parry's change of address shall be effective when notice of the change is provided to the other party in accordance with the provisions of Paragraph 32, above. 67. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other party, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. 68. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, whether arising out of or relating to the Agreement or the Security, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division. 69. Captions Immaterial. The numbering, order, and captions or headings of the paragraphs of this Agreement are for convenience only and shall not be considered in construing this Agreement. 70. Entire Agreement. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 12 of 15 shall be of no force or effect excepting a subsequent written modification executed by both parties. 71. Binding Agreement. The execution and delivery of this Agreement and the performance of the transactions contemplated thereby have been duly authorized by all necessary corporate and governmental action of the City. This Agreement, when duly executed and delivered by each party, constitutes a legal, valid, and binding obligation of each party enforceable in accordance with the terms as of the Effective Date. 72. Recording. The parties agree that this Agreement may be recorded in the Real Property Records of Williamson County, Texas at the expense of Developer. 73. Further Assurances. The City and Developer agree to take such actions and execute and deliver such documents as may be reasonably necessary or appropriate to effect the provisions of this Agreement. 74. Term. Unless sooner terminated under the provisions of this Agreement, this Agreement shall expire of its own terms and without further notice October 1, 2007. 75. Effective Date. This Agreement will be effective on the latest date accompanying the signature lines below. EXECUTED by the parties on the dates indicated below: CITYOF GEORGETOWN, TEXAS COTTONWOOD CREEK ("CITY") DEVELOPMENT, LLC ("DEVELOPER") By: By Printed Name: Pri Title: Tit Date: Approved as to Form: Patricia E. Carls, City Attorney Brown & Carls, LLP Approved as to Form: Date: V 29 ot,&� Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 13 of 15 Typed name: Attorney for Developer Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 14 of 15 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2004, by , of the City of Georgetown, a Texas home rule municipal corporation, on behalf of said City. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2004, by I of Cottonwood Creek Development, LLC, a Texas limited liability corporation, on behalf of said corporation. Notary Public in and for the State of Texas Offsite Utility Cost Sharing Agreement / Pinnacle at Georgetown 7/7/2004 Page 15 of 15 Ex t"A" Pinnacle Offsite utility ffsite Improvement 5 yr CIP Impact FeeMast 10 yr CIPlan. Water 6200' of 18" Water Line from Snead Drive to Maple St via SE Inner Loop *Yes '"Yes ****Yes Water 4200' of 12" Water Line from SE Inner Loo to Pinnacle via Maple Street No _ No No Wastewater 3250' of 24" Wastewater from Southwestern Blvd to Maple St via Smith Branch *Yes **Yes ****Yes Wastewater 2900' of 15" Wastewater from South on Maple Street to Inner Loo *Yes **Yes ****Yes Wastewater 3500' of 12" Wastewater Collection line from Inner Loop to Pinnacle via Maple No **Yes **"Yes Note: Project in current 5 r plan - eligible for reimbursment ** Project in Impact Fee calculation - eligible for Impact Fee Credit *** Project on Master Plan - must be built to specified size **** Project larger than Master Plan - City to participate in oversizin Ex "B" Cost Sharing Calculations and Payment Schedule ,rr"- utilityOffsite Improvement'` j' ' '.` '. Wet 5200' of Water Linc from Snead Dme to Ma Ie Sl wa SE Inner Loop �a p Water 4200' of Water Line from SE Inner Loo to Pinnacle via Ma a Street Base SIAM 1D" 10" 18" 12" _ $ $ Eligible /ferential Cost 256,750 24,055 ". Cons" S 238,250 $ _ 23,255 $ $ , 18,500 _ 800 Wastewater 3250' of Wastewater from Southwestern Blvd to Mapie St via Smith Branch 8" 24" 132,8351 $ 129.235 $ 3,600 Wastewater 2548' of Wastewater from South on Maple Street to Inner Loop Wastewater 4000' of Wastewater Collection Tine from Inner Loop to Pinnacle via Mae ' Fundirig'Soure ,, Water Water Capital Fund_ Water Water Capital Fund 8" 8" 15" 12" $ 49-800 - � $ 47,000 $ Pap. 30 -Nov -05 30 -Nov -06 $ $ $ $ 2,800 - 140,403 140.402 Wastewater Wastewater Capital Fund _ 30 -Nov -06 $ 182,635 Notes: "Base Size" is the pipe size required to serve Pinnacle only. "Oversize" is the pipe size required to serve the area as indicated on the Utility Master Plan or otherwise requested by GUS. 'Construction" does not include Engineeriffl or Contingency Costs "Pa ment" includes Construction and Contingency Costs with ment of Contingency Funds su 'ect to the approval of a Field Order by GUS F --,Systems Engineeri Department prior to incurring the actual expense. �cNi?tT IGµ THE PINNACLE — PRELIMINARY PLAT 19u 9 199 290 d Lero B ALE W FEET 154.79 oc y�9h2 Estate Jd . V A d V\ P9. 49 22 °p IOpa. N O1 2 \ gy \ »s, 27 \ a e 'l6 N P 0 \ n E, 6 - _ r xar ytl a 9e. A , C n �!2Bo 24 % C F a15Jn % 9 J _ fO o w ♦ e 11 $ a t I �! M `i Ol ,/ e9e 9 r9: e/ i 14 3 112 1 nn' 12 f 9 1 .fig' �— �$ ,�,l� IB IJ LIS 20 E4 W� —/ j" - - - - 1 061 C II1 9> y J a �2 zJ e00 00'- E m IG r\isl ➢$ g d s > A HOWARD ENGINEERS, INC. ,,,� 9oanERr s R� 9 PRELIMINARY 4303 Russell DriveFIR TK Rurs9sE a THE PINNAI.Ll, wsms REvB.w, asz-uR, PRELIMINARY PLA'1 Austin, Texas 78704 owmwocvw Fa: .w9/oR OWYORG UR9rn ..mom CEH BRy'-R THC H%H9RR'I OF DAVID J. Phone: 5t2-448-0881 ce8a.rem o.,l, o..aoaRm1 u.c Ren. P.E. M59 9a Om AUGUST 22,2003 Fax: 512-440-0989 . "" KS,cne 9m R. R.m azo smm wGusT. zml. s a BUT T9 I I oJR swl. c zoe BE USED FOR c STRBG1¢W, SHEET 2 OF 3 Email: hei®honardeugineera.com ee.un, Tom >L>.N ROOM. OR PEIl411 m JSB pyEy THE PINNACLE - PRELIMINARY PLAT Ler, 8, Hug276 P9. hes 154.79 ac V,1 Est9. i L 49 a� APB -(.tel +"et GwQei,W — �.-' - _ HOWARD ENGINEERS, INC. 4303 Russell Drive Austin, Texas 78704 Phone: 512-448-0881 Email: Q� 100 0 100 ' - see SCALE IN FEET OENER& NOTES I. MTA ACREAGE � 10000 ACRES 2 NUMBER OF BLOCKS - IJ 3 TOT& NUMBER OF LOIS - 466 (463 RESHXNTAL, 1 GMK k 3 M NPCN LOIS 4. TOT& LINEAR FEE OF N" STREET - 16600 LINEAR FEET 5. ButIRNG SETBACKS MILL BE M ACCORDANCE WTH THE COY OF 4EORGETOBN UDC. 6. SOEWALN "Ll BE C STRUCTEO M ACCORDANCE MTH NNE WY Of GEOROETO- UOC MD s,tancGDONS MMU& ]. POOMBIPNO OBSTRUCTION M MAWACE EASEMENTS. PRELIMINARY Tx5 DOCUMENT 5 RELfA5E11 FDR THE PlmRosE a THE PINNACLE - INTEPoM REMON. MMX -.UP. PIKE IMTMARY PLAT A /N DRA w eNOER THE A ffy OF oAWO a. AUGUST 22,2003 LLC Rm. PF, 19656 ON DATE "O T. iwo. a Is NOT TO �� s e v kp e m Is t sis to v sa sr s'y.. at so }za. za T zv se zs sa zs ass z sa Le ' a� APB -(.tel +"et GwQei,W — �.-' - _ HOWARD ENGINEERS, INC. 4303 Russell Drive Austin, Texas 78704 Phone: 512-448-0881 Email: Q� 100 0 100 ' - see SCALE IN FEET OENER& NOTES I. MTA ACREAGE � 10000 ACRES 2 NUMBER OF BLOCKS - IJ 3 TOT& NUMBER OF LOIS - 466 (463 RESHXNTAL, 1 GMK k 3 M NPCN LOIS 4. TOT& LINEAR FEE OF N" STREET - 16600 LINEAR FEET 5. ButIRNG SETBACKS MILL BE M ACCORDANCE WTH THE COY OF 4EORGETOBN UDC. 6. SOEWALN "Ll BE C STRUCTEO M ACCORDANCE MTH NNE WY Of GEOROETO- UOC MD s,tancGDONS MMU& ]. POOMBIPNO OBSTRUCTION M MAWACE EASEMENTS. PRELIMINARY Tx5 DOCUMENT 5 RELfA5E11 FDR THE PlmRosE a THE PINNACLE - INTEPoM REMON. MMX -.UP. PIKE IMTMARY PLAT A /N DRA w eNOER THE A ffy OF oAWO a. AUGUST 22,2003 LLC Rm. PF, 19656 ON DATE "O T. iwo. a Is NOT TO BE 1S FOR CONSI( ZION, SHEET 3 OF 3 STATE OF TEXAS § ASSIGNMENT OF OFFSITE UTILITY CONSTRUCTION § COST SHARING AGREEMENT COUNTY OF WILLIAMSON § FOR PINNACLE AT GEORGETOWN This Assignment Agreement (the "Assignment") is executed to be effective as of the date indicated in Paragraph 4(F) by and between the City of Georgetown ("City'), Cottonwood Creek Development, LLC, a Texas limited liability corporation ("Cottonwood'), and TP462, Ltd a Texas Limited Partnership ("TP462"). RECITALS: WHEREAS, on October 28, 2003, City and Cottonwood entered into that certain "Offsite Utility Construction Cost Sharing Agreement for Pinnacle at Georgetown" (the "Agreement"); and WHEREAS, subsequently, Cottonwood conveyed to TP462, Ltd a Texas Limited Partnership (`71`462") the Property (as that term is defined in the Agreement) that is the subject of the Agreement; and WHEREAS, the Agreement provides as follows with regard to assignment: 64. Assignability. Except as otherwise provided herein, this Agreement is binding upon Developer [Cottonwood], and the successors and assigns of Developer. Developer's obligations under this Agreement may not be assigned without the express written approval of the City. An assignment shall not be construed as releasing Developer from Developer's obligations under this Agreement, and Developer's obligations hereunder shall continue notwithstanding any assignment approved pursuant to this Paragraph, unless and until the City executes and delivers to Developer a written release of Developer from the obligations imposed by this Agreement. WHEREAS, Cottonwood now desires to assign to TP462 and TP462 desires to accept, Cottonwood's rights and obligations under the Agreement, including, without limitation, the obligations to provide fiscal surety and to construct the utility improvements as stated in the Agreement; and WHEREAS, Cottonwood has also requested that, on the Effective Date (hereinafter defined) it be released from any and all obligations and retain no rights or privileges of the Agreement; and WHEREAS, the parties desire to provide for the assignment of the Agreement from Cottonwood to TP462 and to release Cottonwood from the Agreement on the Effective Date; and Assignment of Pinnacle Utility Cost Sharing Agreement Page 1 of 7 WHEREAS, the City Council of the City has approved the assignment of the rights and obligations provided herein from Cottonwood to TP462, and the release of Cottonwood from the rights and obligations of the Agreement as of the Effective Date; and WHEREAS, by execution of this Assignment, TP462 approves as of the Effective Date the assignment of the rights and obligations provided herein TP462. NOW THEREFORE, in consideration of the recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals Correct. The above and foregoing recitals are true and correct. 2. Assignment to TP462. Cottonwood hereby conveys, assigns, transfers and delivers to TP462 the Agreement, together with Cottonwood' s rights and obligations thereunder TP462, buy its signature hereon, hereby accepts such assignment, transfer and conveyance, agrees to be bound by the terms of the Agreement and assumes Cottonwood's obligations thereunder. As of the Effective Date, Cottonwood shall be released from the rights and obligations of the Agreement. 3. Consent by the City. The City hereby consents to this Assignment pursuant to Paragraph 64 of the Agreement, and agrees to be bound by its terms. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original. 4. Miscellaneous. A. The address for delivery of notices under the Agreement shall be: If to Cottonwood: Mr. Robert W. Felton Cottonwood Creek Development, LLC 900 RR # 620 South, Suite C-208 Austin, Texas 78734 If to TP462: Rick Jenkins 900 Congress Avenue, #L-100 Austin, Texas 78701 If to City: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 B. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment shall not be construed as running with, or creating an encumbrance upon, any real property. In the same manner as Assigmnent of Pinnacle Utility Cost Sharing Agreement Page 2 of 7 the Agreement, any party shall have the right to record this Assignment in the real property records of Williamson County, Texas. C. THIS ASSIGNMENT AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ANY CONFLICT OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. D. This Assignment Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. E. The parties hereby covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment Agreement. F. Notwithstanding anything to the contrary in this Assignment, this instrument shall have no effect until, and shall become effective upon, the date that the last party to this Assignment affixes the signature of a duly authorized representative thereto (the "Effective Date"), which Effective Date shall be on or before January 31, 2005. G. This Assignment may not be transferred or assigned in whole or in part by TP462 except in accordance with the provisions of Paragraph 64 of the Agreement. H. This Assignment and the Agreement constitutes the entire agreement of the parties concerning the subject matter thereof. There are no oral agreements, representations or promises not incorporated in writing. SIGNED this_ day of Effective Date set forth in Paragraph 4(F). CITYOF GEORGETOWN, TEXAS ("CITY") By: Printed Name: 2004 to be effective as of the COTTONWOOD CREEK DEVELOPMENT, LLC By: Printed Name: Robert W. Felton Title: Title: Date: Date: Assignment of Pinnacle Utility Cost Sharing Agreement Page 3 of 7 TP462, Ltd. By: Printed Name: Richard Jenkins Title: Managing Member Date: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 200_, by , of the City of Georgetown, a Texas home rule municipal corporation, on behalf of said City. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 200_, by of Cottonwood Creek Development, LLC, a Texas limited liability corporation, on behalf of said corporation. Assignment of Pinnacle Utility Cost Sharing Agreement Page 4 of 7 Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 200_, by on behalf of said company. Notary Public in and for the State of Texas Assignment of Pinnacle Utility Cost Sharing Agreement Page 5 of 7 of TP462 Ltd, ATTEST: Sandra Lee City Secretary Assignment of Pinnacle Utility Cost Sharing Agreement Page 6 of 7 APPROVED AS TO FORM: Patricia E. Carls City Attorney STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2004, by Gary Nelon, a person (mown to me, in his capacity as Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf on the City of Georgetown. Notary Public in and for the State of T E X A S STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day of 2004, by C. Rex Womble, a person known to me. Notary Public in and for the State of TEXAS STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day of 2004, by Larry Wood. Notary Public in and for the State of TEXAS Assignment of Pinnacle Utility Cost Sharing Agreement Page 7 of 7 4 Council Meeting Date: December 14, 2004 Item No. AGENDA ITEM COVER SHEET SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS SUPPORTING WILLIAMSON COUNTY IN OPPOSING THE ESTABLISHMENT OF A GROUNDWATER MANAGEMENT DISTRICT FOR WILLIAMSON COUNTY. ITEM SUMMARY: Senate Bill 2 requires the Texas Commission on Environmental Quality (TCEQ) to review the groundwater water supply needs of several Counties including Williamson prior to September 1, 2005 to determine if a PGMA should be formed. Groundwater Management Districts are formed to control or prevent critical groundwater shortages, water quality or subsidence problems through regulating groundwater usage and imposing a fee or tax if needed for use in regulatory efforts. Groundwater Management Districts have been formed in many neighboring counties in an attempt to regulate water that could be exported from those counties or prevent problems previously mentioned. The City's dependence on local groundwater is a very small percentage of the total future water usage and plans are to decrease reliance on local groundwater in the future. Since the problems previously mentioned are not issues in Williamson County, staff is recommending a resolution be adopted supporting Williamson County's efforts to oppose the formation of a Groundwater Management District within the County. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: NONE STAFF RECOMMENDATION: A Groundwater Management District would create an unnecessary layer of bureaucracy in Williamson County and would have taxing authority that could take away financial resources needed to develop future water supplies for the City. Staff recommends the approval of the Council Resolution. GUS BOARD RECOMMENDATION: N/A COMMENTS: NONE ATTACHMENTS: 1. Council Resolution. 2. Water Visionary Committee Memorandum By: Jim Briggs, Glenn W. Dishong, Assistant City Manager Water Services Ma for Utilities RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, SUPPORTING WILLIAMSON COUNTY IN OPPOSING THE ESTABLISHMENT OF A GROUNDWATER MANAGEMENT DISTRICT FOR WILLIAMSON COUNTY. WHEREAS, Priority Groundwater Management Districts are formed to control or prevent subsidence, water quality problems or groundwater shortages, and WHEREAS, Priority Groundwater Management Districts regulate groundwater users through taxation or fees, and WHEREAS, the City of Georgetown has adequately planned for future water supplies, and WHEREAS, dependence on local groundwater is less than 40% of the current water demand for Georgetown, and WHEREAS, reliance on local groundwater is expected to decrease with future reliance on surface water, and WHEREAS, subsidence, water quality problems or groundwater shortages are not major issues in Williamson County, and WHEREAS, a Groundwater Management District would create an unneeded and unnecessary level of regulatory authority and bureaucracy, and WHEREAS, the Council finds that it is in the best interest of the City of Georgetown to continue to plan for its long term water supply by coordinating its efforts with the Brazos River Authority and other water purveyors in the county without the additional regulation and cost imposed by a Groundwater Management District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution supports the Utilities and Services component of the Century Plan - Policy Plan Element, which states: " The City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers" and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies. Form Resolution No. Page 1 of 1 n SECTION 2. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia Carls City Attorney Form Resolution No. Page 2 of 1 THE CITY OF GEORGETOWN: By: Gary Nelon Mayor Date: Dec. 5, 2004 I I 1 • 1 JL I To: Commissioner's Court Williamson County From: Water Visionary Committee (WVC) Re: Recommendations of the Committee regarding the establishment of a Groundwater Management District On November 15, 2004, Commissioners Brinkman and Limmer hosted a meeting to receive information from Texas Commission of Environmental Quality (TCEQ), the general public and various water providers. Representatives from the Brazos River Authority and the Lower Colorado River Authority were at the meeting. The purpose of the meeting was to gather information relative to the subject of creation of a Groundwater Management District. Subsequently, on November 22 and December 1, 2004 the Water Visionary Committee met and invited information from the general public and various water providers. It is the general consensus of all those attending the meetings of Nov. 22 and Dec. 1 that there is no compelling need to form a Groundwater Management District based primarily on the following points: • The reliance on groundwater within the county to sustain current needs and to provide water for forecasted ground continues unchanged. • The BRA/LCRA Alliance has been formed and 25,000 afyr. has been secured and contractual agreements with water providers are in place to supply forecasted requirement thru 2035 (approximately). • Additional sources of water necessary to sustain economic and population growth have been identified and no reliance on increasing uses of groundwater is evident. • There is opposition from the public for the creation of another governmental entity, particularly one with taxing authority. The Water Visionary Committee voted without dissent to recommend against the creation of a Groundwater Management District at the conclusion of the December 1, 2004. The WVC does recommend that the Commissioner's Court affirmatively consider the following: Continue the WVC on an as needed basis and add to the voting membership representatives of the water providers holding CCNs with Williamson County. Its mission would be to: ➢ Continue to encourage the Brazos River Authority and the Lower Colorado River Authority Alliance to work together to ensure acquisition of additional water supplies ➢ Provide a forum for stakeholders and the public ➢ Monitor and participate in any future efforts/requirements of the TCEQ regarding the creation of a groundwater management district ➢ Involvement in any legislative efforts/activities that may be considered necessary to achieve adequate water supplies. • Contribute to the creation of the Williamson County Water Coalition. The mission of the Coalition would be the following, in part: ➢ Develop a Strategic Water Master Plan for the supply, treatment and distribution of water throughout the county and insure that both the rural and urban areas are adequately and efficiently supplied with water. ➢ Coordinate and support the efforts of all CCN holders within the county to insure an adequate supply of water to the water distribution entities so that their customers can be served in the most reliable, efficient and economical manner. ➢ Assist in seeking funding sources to implement components of the Strategic Plan Submitted: Gene Finley Chairman— Water Visionary Committee